Home Vision, Inc.

Please read these Terms of Service (the “Terms”) and our Privacy Policy (https://homevision.notion.site/HomeVision-Privacy-Policy-1f05524e772f472dbe02eb34266fcea1) (“Privacy Policy”) carefully because they govern your use of the HomeVision appraisal platform (“Platform”), the HomeVision website located at https://www.homevision.co/ (the “Site”), as well as any other HomeVision products or services.  To make these Terms easier to read, we refer to the Platform, the Site, and our services collectively as the “Services.”

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HOMEVISION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms.  If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

  2. Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share personal and other information.

  3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, or to the Platform and/or we may also send other communications. It’s important that you review the Terms whenever we update. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

  4. Account Security. To access and use certain features of the Services you’ll need to sign up for an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account. You may be held liable for losses incurred by HomeVision or any other user of any Services due to someone else using Your HomeVision ID, password or account.

  5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.

  6. Fees. HomeVision may require payment of a fee for the use of certain functionality of the HomeVision Platform (for example, use of the HomeVision “Quality Control” functionality). Such fee may communicated to you by HomeVision in advance or otherwise agreed to in a separate agreement between you (or your employer or organization which you are acting on behalf of) and HomeVision. In the event you owe a fee for use of the HomeVision Platform. You agree that any such fee will be paid by you, or by the appraisal management company (“AMC”) that engaged you. You expressly authorize us (or our third-party payment processor) to charge you or the AMC for such a transaction. If you will be paying a fee to us directly, we may ask you to supply additional information relevant to your transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a transaction, you authorize us to provide your Payment Information to third parties so we can complete your transaction and to charge your payment method for the type of transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your transaction (such information is included within the definition of Payment Information). By initiating a transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars.

  7. Data Ownership And Use.

    1. User Data. Our Services may allow you to collect, store or share data such as appraisal information and reports, files, documents, text (in posts or communications with others), graphics, images, audio and video. Anything (other than Feedback) that you submit, enter, post or otherwise make available through the Services is referred to as “User Data” HomeVision does not claim any ownership rights in any User Data and nothing in these Terms will be deemed to restrict any rights that you may have to your User Data.
    2. Permissions to Your User Data. By making any User Data available through the Services you hereby grant to HomeVision a non-exclusive, transferable, perpetual, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, share, sell, distribute, publicly display, and publicly perform your User Data whether submitted via appraisal forms in their completed form or as submitted, extracted form, or otherwise processed, in HomeVision’s sole discretion in connection with its business and in the operation and provision of the Services.
    3. Your Responsibility for User Data. You are solely responsible for all your User Data. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Data under these Terms. You represent and warrant that neither your User Data, nor your use and provision of your User Data to be made available through the Services, nor any use of your User Data by HomeVision will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    4. HomeVision’s Intellectual Property. We may make available through the Services certain content, technology, copyrights, trademarks, and other intellectual property. Subject to your rights expressly stated in a separate, duly-executed license agreement between you and HomeVision, as between us and you, we retain all rights to the aforementioned intellectual property.

  8. License. If you comply with these Terms, HomeVision grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the Platform on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the Platform solely in accordance with these Terms. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Platform; (ii) distribute, transfer, sublicense, lease, lend or rent the Platform to any third party; (iii) reverse engineer, decompile or disassemble the Platform (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Platform available to multiple users through any means.

  9. General Prohibitions and HomeVision’s Enforcement Rights

    1. Post, upload, publish, submit or transmit any User Data that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
    2. Use, display, mirror or frame the Services or any individual element within the Services, HomeVision’s name, any HomeVision trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without HomeVision’s express written consent;
    3. Access, tamper with, or use non-public areas of the Services, HomeVision’s computer systems, or the technical delivery systems of HomeVision’s providers;
    4. Attempt to probe, scan or test the vulnerability of any HomeVision system or network or breach any security or authentication measures;
    5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HomeVision or any of HomeVision’s providers or any other third party (including another user) to protect the Services;
    6. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HomeVision or other generally available third-party web browsers;
    7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
    8. Use any meta tags or other hidden text or metadata utilizing a HomeVision trademark, logo URL or product name without HomeVision’s express written consent;
    9. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
    10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
    11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
    12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
    13. Impersonate or misrepresent your affiliation with any person or entity;
    14. Violate any applicable law or regulation; or
    15. Encourage or enable any other individual to do any of the foregoing.

    HomeVision is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

  10. Links to Third Party Websites or Resources. The Services (including the Platform) may allow you to access third-party websites, apps, platforms or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

  11. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email protected]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6 (only for payments due and owing to HomeVision prior to the termination), 7(b), 7(c), 7(d), and 9 through and including 17.

  12. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

  13. Indemnity. You will indemnify and hold HomeVision and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Data, or (c) your violation of these Terms.

  14. Limitation of Liability.

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HOMEVISION NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOMEVISION OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL HOMEVISION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HOMEVISION FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HOMEVISION, AS APPLICABLE.
    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMEVISION AND YOU.