Last Updated March 21, 2019
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Site, or to modify the Terms, at any time and without prior notice. If we modify the Terms, we will post the modification on the Site. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site.
The Site is available for individuals aged 18 years or older. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.
2.DESCRIPTION OF USERS
Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes. No login is required for visitors to the Site. Visitors can view all content and access all publicly-available features and functionality on the Site, obtain Estimates (as defined below) using our proprietary algorithm (the “Property Estimate Tool”), and contact us using the contact link on the Site.
b.Registered Users and Clients.
When using our Property Estimate Tool, in order to save your information, search history, and results in our database you will need to register for an account with the Site. Further, if you are interested in becoming a client of Homevize (“Client”), you will be required to go through our screening and approval process, which includes certain offline procedures and transactions, including a phone screening with a Homevize representative (“Phone Interview”) and the execution of an exclusive listing and broker agreement with Homevize (a “Listing Agreement”). Homevize is under no obligation to accept any individual as a Client, and may accept or reject any registration in our sole and exclusive discretion. As a Client, your Listing Agreement governs your use of our services and your obligations as a Client. These Terms govern your access to and use of the Site and does not supersede or negate anything in the Listing Agreement.
3.PROPERTY ESTIMATE TOOL
4.REGISTERING AN ACCOUNT
If you would like to register an account on our Site, which will permit you to save searches and results when using our Property Estimate Tool, you will need to log in using your email address and create a password. When creating your account, you must provide true, accurate, current, and complete information about yourself. You may not transfer your account to anyone else without our prior written permission. You are solely responsible for all activity under your account. Each user email and password can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of any services, or communications from your account to Homevize). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
5.BECOMING A CLIENT
After the Phone Interview, if, in our assessment, you are eligible to qualify as a Homevize Client, we will schedule a home visit, in which we will send a one of our network agents to your home to perform an initial inspection, assure the home meets our requirements, scope the work needed for marketability (if any), finalize our list and guarantee price, take photographs of the home, and gather additional market and other data (the “Home Visit”). Our Home Visits and the results thereof, are not guarantees of the condition or marketability of your home. We are not liable to you or any third party, under any circumstances or for any reason, with respect to our Home Visits or your use of or reliance on the results of such Home Visits.
After the Home Visit we will conduct additional diligence to determine whether or not you may qualify as a Homevize Client. We use third-party mortgage lenders to appraise your home and underwrite you as the seller. Only after you have completed the Phone Interview, the Home Visit, and have been approved by our third-party mortgage lender or an approved third-party mortgage lender, then Homevize may, in our sole and exclusive discretion, qualify you as a Client. Once qualified, you will be required to sign your Listing Agreement and other relevant paperwork.
6.REGISTERING AN ACCOUNT
Subject to these Terms, Homevize grants you a limited, non-transferable, non-exclusive, license to access and use the Site solely for your personal, non-commercial purpose. Homevize may terminate this license at any time for any reason. By accessing and/or using the Site, you hereby agree to comply with the following guidelines:
- You will not use the Site for any unlawful purpose;
- You will not access or use the Site to collect any market research for a competing businesses;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;
- You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
- You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.
Homevize may modify, suspend, or discontinue the Site at any time and it will not be liable to you or any third party. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.
The Site and all content on the Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Homevize and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
You may view all content on the Site (the “Content”) for your own personal, non-commercial use and not for any other use, including any commercial use, without the prior written consent of Homevize. The Content may be owned by us, our affiliates or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Site, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of these Terms, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.
The trademarks, service marks, and logos of Homevize (the “Homevize Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of Homevize. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Homevize Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Homevize Trademarks inures to our benefit.
Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
If you provide us with any feedback, comments, and suggestions with respect to the Site (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity, for any lawful purpose, without compensation or attribution to you or any third party.
If you are a registered user (including, but not limited to, Clients), you acknowledge that Homevize has disclosed or may disclose information relating to Homevize’s technology or business (hereinafter referred to as “Proprietary Information”). You agree: (i) not to divulge to any third person any such Proprietary Information, (i) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Proprietary Information. Nothing in these Terms will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of such disclosure to contest such order.
A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
10.USE AND TERMS OF TEXT COMMUNICATIONS
Our Site allows you to request and receive informational text messages (“Text Messages”) to inform you about the status of your price inquiry, next steps, reminders and other important information.
It is your responsibility to determine if your mobile service provider supports text messaging and your mobile device is capable of receiving text messages. Our Text Messages are subject to the terms and conditions of your agreement(s) with your mobile device carrier. You are responsible for any fees imposed by your mobile device carrier of any kind whatsoever. You acknowledge that our Text Messages are sent to you without being encrypted and will include information pertaining to price inquiry. Homevize reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the Text Messages and to suspend Text Messages for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
If you do not wish to receive mobile communications and text messages, you can opt-out either by not confirming your opt-in to receive Text Messages, by changing the text message settings on your account, or by responding to a text with “STOP” or “UNSUBSCRIBE” or otherwise following the opt-out instructions in a text message. Homevize reserves the right to change these Terms, and your continued use of the Text Messages constitutes agreement to all such changes.
11.DISCLAIMER OF WARRANTIES; NOT AN APPRAISAL
THE SITE, THE CONTENT, THE TEXT MESSAGES, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER HOMEVIZE, NOR ITS AFFILIATES, NOR ITS THIRD PARTY PROVIDERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS. HOMEVIZE, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. HOMEVIZE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA OUR TEXT MESSAGES OR ANY OTHER FAILURE TO RECEIVE TEXT MESSAGES FROM HOMEVIZE.
ALL CONTENT ON THE SITE IS SUBJECT TO THE POSSIBILITY OF ERRORS, OMISSIONS, OR WITHDRAWAL WITHOUT NOTICE. TO THE EXTENT THAT HOMEVIZE, ITS AFFILIATES, OR ITS THIRD PARTY PROVIDERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
HOMEVIZE DOES NOT OPERATE AS A LENDING, ACCOUNTING, FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVISOR. THE CONTENT AND INFORMATION, INCLUDING, WITHOUT LIMITATION, ESTIMATES, THAT YOU ACCESS ON THE SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. HOMEVIZE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUCH RESULTS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE ACQUIRED BY YOUR USE OF THIS SITE. YOU HEREBY ACKNOWLEDGE THAT ANY DECISIONS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO MORTGAGE, CREDIT, OR PURCHASES, ARE MADE AT YOUR SOLE DISCRETION AND RISK. HOMEVIZE MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL BE APPROVED AS A HOMEVIZE CLIENT, SECURE FINANCING FOR ANY PROPERTY, OR THAT HOMEVIZE WILL ENTER INTO ANY AGREEMENT WITH YOU WITH RESPECT TO ANY PROPERTY OR PROPERTIES. NOTHING IN THESE TERMS SHALL OBLIGATE HOMEVIZE TO EXECUTE ANY AGREEMENT WITH YOU, EVEN IF YOU ARE QUALIFIED BY OUR THIRD-PARTY MORTGAGE LENDERS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE DISCRETION AND RISK.
HOMEVIZE DOES NOT PROVIDE APPRAISALS, AND ANY INFORMATION HOMEVIZE PROVIDES REGARDING YOUR HOME IS NOT AND SHALL NOT BE CONSIDERED AN APPRAISAL.
12.LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS OTHERWISE PROVIDED IN A LISTING AGREEMENT OR OTHER AGREEMENT BETWEEN YOU AND HOMEVIZE.
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
13.FAIR HOUSING ACT DISCLOSURE
Homevize does business in accordance with the Fair Housing Act. Thus, in connection with its activity under the Site, Homevize will not discriminate against any person on the basis the person’s race, color, religion, sex, handicap, familial status (having one or more children), or national origin.
The Site may contain links to third-party Sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You will indemnify, defend, and hold Homevize, our affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Homevize Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees incurred by any Homevize Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from your violation of these Terms or your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim (provided that our failure to provide prompt written notice shall excuse your indemnification obligations only to the extent that you are prejudiced thereby); (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise, provided that you may not make any admission of liability on behalf of any Homevize Indemnitee without our prior written approval.
16.COMPLIANCE WITH APPLICABLE LAWS
The Site is based in the United States. We make no claims concerning whether the Site may be viewed or be appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
In the event of a dispute arising under or relating to these Terms or the Site (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party.
19.CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.
21.CONTROLLING LAW; EXCLUSIVE FORUM
These Terms will be governed by the laws of the state of Delaware. The exclusive jurisdiction for any claim, action or dispute with Homevize or relating in any way to your use of the Site will be in the state and federal courts of the state of Delaware and the venue for the adjudication or disposition of any such claim, action or dispute will be in Delaware.
If these Terms are terminated in accordance with the termination provision in Section 17 above, such termination shall not affect the validity of the following provisions of these Terms, which shall remain in full force and effect: “Intellectual Property,” “Confidentiality,” “Disclaimer of Warranties; Not an Appraisal,” “Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing (including with respect to any Listing Agreement), these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The Listing Agreement, if any, is not superseded by these Terms. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.