The below Terms of Service (“Terms”) are a binding Agreement between you and HomeFunds and its affiliates, corporate parent(s), and subsidiaries (collectively “HomeFunds,” “us,” “our,” or “we”). These Terms, together with the HomeFund’s Privacy Notice, govern your use of HomeFund’s websites (the “Site”), services, tools, and content (collectively, the “Services”). Remember that your use of our Services is at all times subject to our Privacy Notice, which is incorporated in these Terms of Service. Any terms we use in these Terms of Service without defining them have the definitions given to them in the Privacy Notice.
By using HomeFunds, accessing the Site or engaging with our Services, tools or content in any way, you agree to and accept these Terms. These Terms will remain in effect while you use the Services. If you do not agree and accept these Terms, you may not use HomeFunds. If you have any questions, comments, complaints or concerns regarding these terms or the Services, please contact us at legal@HomeFunds.com, dialing 424-300-9939, or by mail at 3726 Las Vegas Blvd South #1401 Las Vegas, NV 89158.
The Site provides you with general information about our Services. If you register with HomeFunds or use any of the Services on the Site, you may be required to provide Personal Information as described in the Privacy Notice and create a password. It is your responsibility to safeguard your account information and password. You are responsible for all activity associated with your account.
You understand that HomeFunds is not a legal, accounting, or financial advisor and that HomeFunds is not representing you as your real estate broker, agent, or salesperson: HomeFunds is a technology platform and an investor. We are not representing you in your option agreement with HomeFunds or any other transaction. HomeFund’s services to you do not include performing due diligence or an investigation on your behalf regarding your real property, finances, or any decision or transaction relating thereto. HomeFunds may provide estimates as a courtesy to potential customers who request that information. These estimates, the method we use to calculate the estimates, and other information we may share with you are for general informational purposes only, and is not financial or legal advice or an indication that you prequalify for our Services or that HomeFunds will provide you with Services for the estimated amount. If you prequalify and choose to work with us, the actual cost or Home Valuations may vary from the figures determined originally.
You are the one doing the work, providing the information and making the decisions: HomeFunds will provide certain information and tools to help you, but all decisions are your own.
You must be an adult to use HomeFunds: You represent and warrant that you are 18 years of age or older and of legal age and capacity to form a binding contract. If you are agreeing to these Terms on behalf of an organization or entity such as your employer or company, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms also refer to that organization or entity).
You can only use HomeFunds for yourself or someone who has given you the legal power to do so: You agree to only use the Services for your own personal use or on behalf of a property owner with whom you have contracted the right to represent, and not on behalf of or for the benefit of any other third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Unless otherwise expressly indicated, the information contained in this Site, including but not limited to all images, illustrations, designs, photographs, video clips, text, icons, designs, written information and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (collectively, the “Contents”) by HomeFunds and its affiliates, or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. HomeFunds and the other licensors of the marks on our site reserve all rights with respect to all Contents. The absence of a name or logo on the Site does not constitute a waiver of any intellectual property rights established in any of our Contents. The collection and compilation of the Contents are separately protected and copyrighted works owned exclusively by HomeFunds.
No trademark or service mark license is granted in connection with any of the Contents. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might confuse or that disparages us. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid.
As a user of the Site, you have a revocable, non-transferable, non-exclusive license to access the Site, view information contained on the Site, and interact with the Site solely for your own personal use. By using the Site and its features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of the Site and its features does not violate any applicable law, rule or regulation. Any Personal Information that you provide to us will also be subject to our Privacy Notice.
You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, photocopy, or reproduce any of the Contents without the prior written permission of HomeFunds.
You are responsible for what you see and do with the Services: Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated; you access all such information and content at your own risk and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the services, and you represent and warrant that you have all rights necessary to contribute such content in the manner in which you contribute it. You will keep your username/password and applicant information accurate and current. You are responsible for all of your activity in connection with the Services.
The Services may contain links or connections to third party websites or Services that are not owned or controlled by HomeFunds. When you access third party websites or use third party Services, you accept that there are risks in doing so, and that HomeFunds is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy notice of each third party website or service that you visit or utilize.
HomeFunds has no control over, and assumes no responsibility for, the content, accuracy, privacy notices, practices of, or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, HomeFunds will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that HomeFunds shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Site, or between users and any third party, you agree that HomeFunds is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release HomeFunds, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Prohibited Transmissions: You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
Prohibited Uses: You represent, warrant, and agree that you will not use the Services or this Site or otherwise interact with the Services in a manner that:
If you violate our system or network security, we will terminate your right to use or access the Services and you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers.
You may stop using our Services, object to our collection and use of your information, or require us to review, transmit, change, or delete your information that we have collected and retained at any time by contacting us at hello@HomeFunds.com or call us at 424-300-9939.
HomeFunds takes the privacy of its users very seriously. You acknowledge that you have read and understand our Privacy Notice. If we make changes to our Privacy Notice or these Terms, the revised notice will be posted on our Site and the date of the newest version will be listed. Please check back frequently, especially before you provide us with personal information, to determine the current scope of the notice.
Communications: We may use your contact information to communicate with you about your use of our Services. For example, we will contact you by email or phone to facilitate the prequalification process. If you provide us with your email address, we may send you promotional email offers on behalf of other businesses. We may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our Services.
Texting Consent: By providing us with your cellular phone number, you give us prior express consent to send you informational and transactional text (SMS) messages about our Services. You can reply STOP to stop receiving text messages from us at any time.
Children Under Age 18: HomeFunds products and Services are designed for adults, not children. As such, this Site is not intended for children under 18 years of age. HomeFunds does not knowingly collect or solicit Personal Information from anyone under the age of 18. No one under age 18 may provide any Personal Information to or on the Site. If you are under 18, do not use or provide any information on this Website or on or through any of its features/register on the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at hello@HomeFunds.com.
Unauthorized Use: If you become aware of any unauthorized submission of information to HomeFunds, including children’s information, please inform us by contacting us at hello@HomeFunds.com or toll free at 424-300-9939 so that we may delete it.
HomeFunds does not make any representations or warranties concerning any Content or information contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of Services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from HomeFunds or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES, CONTENT AND INFORMATION ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby waive any right to commence or participate in any class action lawsuit against HomeFunds related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against HomeFunds otherwise commenced.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HOMEFUNDS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO HOMEFUNDS IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, you agree to indemnify and hold HomeFunds, its affiliates, officers, agents, employees, representatives, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), or (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account. Failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without prior written consent from HomeFunds. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
HomeFunds controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of Delaware. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Any claim or dispute arising from or relating to this Agreement are to be settled by binding, individual arbitration in the state of Delaware or another location mutually agreeable to the parties under the auspices of the American Arbitration Association. Judgment upon the award rendered by an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that HomeFunds may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
HomeFunds reserves the right to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. HomeFunds has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content, files or information associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of HomeFunds or its users. If you have deleted your account by mistake, contact us immediately at hello@HomeFunds.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Our Terms constitute the entire agreement between you and us regarding your use of the Site and its features. Our failure to exercise or enforce any right or provision in our Terms shall not operate as a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind HomeFunds in any respect whatsoever. The section titles in our Terms are for convenience only and have no legal or contractual effect. Our Terms operate to the fullest extent permissible by law. If any provision of our Terms is held by a court to be unlawful, void or unenforceable, that provision is deemed severable from our Terms and shall not affect the validity and enforceability of the other provisions in our Terms. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us; and any Shared Purchase Agreements and investment obligations within it shall survive termination of these Terms.
Last updated: 3/5/2021