HomePace Terms of Service
You agree that you will not use or attempt to use the Site for any purpose other than conducting business with HomePace or its affiliates as a client of HomePace and in each case solely for your personal, non-commercial use, and you may not reproduce, sell or distribute the information provided thereon.
You represent and warrant that you will not use the Site to:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Site or any portion thereof without HomePace’s prior written consent.
- Alter, interfere or disrupt the content or functioning of the Site through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Site.
- Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
- “Mirror” the Site or any of its content on any other server without the express prior written permission of HomePace.
- Attempt to interfere with the use of the Site by any other user. HomePace reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Third Party Sites
You acknowledge and agree that all content, Sites, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Content are owned by HomePace and are the copyrighted property of HomePace and/or its licensors and affiliates, and protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers used and displayed on the Site are registered and unregistered trademarks of HomePace and/or its licensors and affiliates in the United States and other countries.
You must be at least 18 years old and a resident of the United States to use the Site. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) you are a resident of the United States.
Use of Materials
The HomePace Site is for information, education, and noncommercial purposes only. Although some of the HomePace Site content may be related to the purchase of real estate or financial products, the Site is not intended to, and does not, provide legal, tax, real estate, investment or insurance advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any property or financial product by HomePace or any third party. Certain planning tools available on the Site may provide general education based on your input. You are solely responsible for determining if any investment or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your investment specific situation.
Disclaimer of Warranties
HomePace does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the HomePace disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. HomePace does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. HomePace assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
Limitation of Liability
HomePace is not liable for any consequential,incidental, exemplary, special or indirect damages arising out of or relating to your use of the website or products or services offered through the website, regardless of any advice or notice given to HomePace. This includes, but is not limited to, damages that may result from the inconvenience, delay of loss of use of the site, the information herein or for omissions or inaccuracies in the information published through the site. If you are dissatisfied with the website, your first remedy is to stop using it. The maximum liability of HomePace and its affiliates, successors, or assigns, or any of its officers, directors, employees or agents, will be $500. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between you and HomePace.
Consent to Communications
You agree that we may contact you regarding your application, account or our relationship. HomePace may also contact you by email or over the phone about services and products we believe may be of interest to you. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that you receive from us. We reserve the right, however, to contact you with important information relating to your account or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that you have provided to us.
Consent to Electronic Communications and Disclosures
You agree to indemnify, defend and hold harmless HomePace and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “HomePace Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; (b) any violation by you of this Agreement; or (c) your submission to HomePace of incomplete, inaccurate or untimely information or other data. The HomePace parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
Choice of Law; Arbitration and Jurisdiction
The Site is located and operated by HomePace in 1389 Center Drive, Suite 200, Park City UT 84098. This Agreement shall be interpreted and enforced as though executed in Delaware, and shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
Successors and Assigns
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of HomePace. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and HomePace.
This Agreement states the entire agreement between you and us concerning the use of this Site, and may not be amended or modified except through a written agreement signed by an officer of HomePace.
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with HomePace, email us at firstname.lastname@example.org, call us at (919) 737-7637, or write to us at 1389 Center Drive, Suite 200, Park City UT 84098.
Changes in Terms