Privacy Policy

    HOMEVESTORS   OF AMERICA®, INC. ONLINE USER   AGREEMENT AND PRIVACY POLICY   

Privacy   Policy      

This   Privacy Policy is part of the Terms of Use and describes how HomeVestors of   America, Inc. and our franchisees handle information collected and received   from or through our websites, associated applications, including mobile apps,   as well as any other source such as social media. This Policy does not govern   the activities of any third party.      Collection   and Use of Personally Identifying Information      We   collect and use personally identifying information that you provide to us in   the course of seeking offerings or information from us. This personally   identifying information may include your name, address, e-mail address,   contact information, and information about a property you seek to sell.      We use   this information (and other information we collect from you as described in   this Policy) for our business purposes, including to contact you, evaluate   and value any property you seek to sell, and formulating proposed   transactions. We will also seek to match you to a franchisee, send you   communications, including from a franchisee, contact you about changes to our   Terms of Use and provide transaction related information. We may also   communicate with you via text, including communications concerning   franchisees. We will also monitor your compliance with our Terms of Use. We   may also provide you with offers based upon the information we collect   including your location.      We do   not sell any of the personal information we collect about you to third   parties.‎      Your   personally identifying information will not be shared with any third party,   with the following exceptions: A. information that HomeVestors in good faith   determines is legally required to be revealed by any relevant statute,   regulation, ordinance, rule, administrative or court order, decree, or   subpoena; B. information revealed during the course of HomeVestors’   enforcement of its policies and procedures, its Terms of Use, the terms of   this Policy, the Online User Agreement, or any other agreement with us, or   during the course of any disciplinary actions; C. information in a manner   expressly permitted by the provisions of this Policy; D. information that   HomeVestors in good faith determines must be disclosed to correct what it   believes to be false or misleading information or to address activities that   HomeVestors believes to be manipulative, deceptive or otherwise a violation   of law; or E. unless you are otherwise notified at the time we collect the   data.      Within   the last twelve (12) months, we have shared each of the categories of   personal ‎information collected in connection with this website with   affiliates and service providers as set ‎forth herein.‎      We may   also share your personal information with third parties in connection with a   merger, sale, acquisition, assignment, bankruptcy proceeding, reorganization   or other disposition ‎of some or all aspects of our business or assets.‎   “Nonpublic   Personal Information” is the nonpublic information about you that is obtained   by HomeVestors from you. HomeVestors and its advertisers may collect   Nonpublic Personal Information from the online forms you complete, from   information collected as a result of your transactions with HomeVestors, our   advertisers, or others, and from consumer reporting agencies. HomeVestors   will not disclose any Nonpublic Personal Information except as permitted or   required by law or as described in this Policy. We may disclose all of the   Nonpublic Personal Information we collect about you, as well as other   information collected as described in this Policy, to our affiliates who   offer related goods and services, and to nonaffiliated third parties that   perform services on our behalf, including marketing services, or financial   institutions with whom we have joint marketing agreements.      Other   Information You Provide or Post      In   addition to the practices described above, we may also use information we   collect to, at your election, provide you with information and advertisements   about goods and services we believe may be of interest to you.      You may   provide us with testimonials about your experience with us (including a   picture of yourself), and with feedback about our services. We may use any   such information you provide to enhance our services and for public-facing   marketing purposes, such as through online or public display of your   testimonial, feedback, and/or picture. We may also incorporate information   you provide through messages, e-mails, or other means (though not your   personally identifying information) into our materials or offerings.      Accessing   the Websites and Information Collection      When   you access the Websites without actively providing any personal information   we collect limited technical information, such as your IP address. We also   use cookies as described below. As a registered user, we collect information   about your use of the Websites including homes viewed, photos viewed, pages   visited, information about your location and preferences for offerings. We   will maintain your login information.      Records   of your use of the Websites are the sole property of HomeVestors. HomeVestors   reserves the right to use such information for its marketing, franchising,   and membership endeavors.      Cookies      We,   like most major websites, use cookies (text files placed on your hard drive   by a web server) to help personalize and maximize your experience and time   online. Cookies are not used to run programs or deliver viruses to your   computer. They are uniquely assigned to your computer and can only be read by   a web server in the domain that issued the cookie to you. We use cookies to   improve the Websites and to facilitate your use of the Websites.      Location-Based   Services      To   provide location-based services, it may be necessary to collect, use, and   share precise location data, including the real-time geographic location of   your computer or device. Where available, location-based services may use   GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot   and cell tower locations, and other technologies to determine the location of   your device. Unless you provide consent, such location data is collected   anonymously in a form that does not personally identify you and is used to   provide location-based services.      For   example, your device may share its geographic location with a Service that   selects and displays properties relative to the location of your device. Some   location-based services may require your personal information for the service   to be provided.      Links      The   Websites contain links to other websites. HomeVestors is not responsible for   the privacy practices of sites other than our own. We encourage you to be   aware of the privacy statements on other websites and to read those   statements.      Protection   of Information      Some   areas of the Websites are secured and can only be accessed using unique login   credentials. You must have a specific user identifier (user ID) and password   to access resources through any password-protected portions of the Websites.   Your login credentials and password are for your use only and strictly   confidential. You are responsible for maintaining the confidentiality and   security of those credentials, and are responsible for all activity occurring   on the Websites using your login credentials and password. You are strictly   prohibited from any sharing of your login credentials and/or password with   any other person(s) and from any use of your login credentials other than for   your use of the Websites in compliance with the Online User Agreement.      Third-Party   Data Collection/Online Tracking      We   use service providers such as Google Analytics to help us understand and   improve the usage of the Websites and the effectiveness of our marketing   efforts. We, Google Analytics, and/or our other analytics providers may use   cookies, your IP address or an anonymous identifier as well as certain   information from your browser, together with other non-personal information   about your visits to the Websites (this may include information like page   views and visit times; app store views; app downloads; user engagement   information like active devices and location; app crashes; and behavior   metrics) and other websites, so that we, Google Analytics, or third parties   may improve the Websites and provide you with advertisements about goods and   services of interest to you on the Websites and other websites (including   through search engine results pages) and/or to provide analytical information   about our Websites. If you would like more information about advertising   networks, including choices about the use of information by Google Analytics   and other companies for multi-site advertising purposes, go to   www.networkadvertising.org and www.networkadvertising.org/choices/. Also,   Google offers a Google Analytics browser add-on (designed to be compatible   only with certain browsers) to provide website visitors the ability to   prevent their data from being collected and used by Google Analytics. That   add-on may be obtained here.      Currently,   various Internet browsers offer a “do not track” or “DNT” option that uses a   DNT header to indicate the DNT preference setting on the browser. HomeVestors   does not track your activity over time and across different websites or   online services other than as set forth herein, and we do not currently   respond to browsers’ DNT signals with respect to the Websites. We do not   permit our third-party service providers to collect information from the   Websites for other websites or for their own purposes other than as described   in this Policy.      Social   Media; Third-Party Applications      The   collection and use of information on social media websites and applications   are governed by their own privacy policies and terms. Please remember that   any information posted on or through the HomeVestors pages such as Facebook,   Twitter, Google+, or on other social media pages or channels, is subject to   the policies and practices of the applicable social media channel.      We may   receive personal information from a social media site platform or application   when you connect through a social media feed, post content, or otherwise   interact with us using social media tools. For example, we may receive basic   Facebook account information (name, e‑mail, gender, birthday, current city,   and profile picture URL) through Facebook. Also, when you “like” us, or send   a “Tweet” to us through a social media channel, we may receive your username,   handle, and any other available personal information from the social media   site or application. All information received from social media sites and   applications is treated and used in the same manner and for the same purposes   as described in this Policy with respect to similar information we obtain   through the Site.      Children’s   Privacy      We are   committed to complying with all applicable laws and regulations regarding the   collection, storage, and use of personal information of minors under the age   of 18, including the Children’s Online Privacy Protection Act of 1998.      We do   not collect personal information from minors under the age of 18. Individuals   under the age of 18 are not permitted to use the Websites without the   supervision of a parent or legal guardian. We do not knowingly collect or   solicit personal information from children under the age of 18 or knowingly   allow such persons to register for an online account or to place orders or   provide personal information through the Websites. If we learn that someone   under the age of 18 has provided any personal information through the   Websites, we will remove and permanently delete that information as soon as   reasonably possible.      If you   are a parent or guardian who believes that your minor under the age of 18 has   submitted personal information or other information to us without your   consent, please contact us using the contact information provided below. Once   we verify that you are the parent or legal guardian, we will cooperate with   you to discuss what, if any, personal information we have collected about   your child and how that information may have been shared or used.      Changes   to This Statement      HomeVestors   reserves the right to change this Privacy Policy at any time. Notification of   changes will be posted on the Websites. Because these changes may affect your   personal information, we suggest that you look for information regarding   changes on a regular basis and review the changes as soon as they are   published on the website.      Disclosures   for Compliance with Law      Notwithstanding   the provisions of this Privacy Policy or the Online User Agreement,   information may be and will be disclosed as needed in order to comply with   law, respond to facially valid process or subpoena, to stop or mitigate   illegal activity or potential harm, to protect the security of information,   and to protect against fraud.      Maintenance   of Information Collected      We may   maintain the information that we collect indefinitely or may delete it at any   time in our sole discretion.      Security      We   employ reasonable security methods to prevent unauthorized access, maintain   data accuracy, and ensure correct use of your information. We maintain   organizational, technical and administrative measures designed to protect   your information against unauthorized access, loss, alteration or misuse.   However, no data transmission over the Internet or any wireless network can   be guaranteed to be perfectly secure. As a result, while we try to protect   your information, we cannot ensure or guarantee the security of any   information you transmit to us, and you do so at your own risk.      Jurisdiction-specific   Provisions and New Laws      This   Privacy Policy is intended to comply with all legal requirements including   the requirements of any jurisdiction having unique laws regarding the   collection and use of personal data (e.g., the California Consumer Privacy   Act or “CCPA”). Should you be a resident of any such jurisdiction, this   policy is hereby deemed to be amended as appropriate to comply with any such   laws. Moreover, to the extent there is any conflict with this Privacy Policy   and any ‎and all privacy requirements under the law, including the CCPA and   laws that may be enacted after this policy has been updated, this Privacy   Policy is to be ‎deemed amended and updated to conform with any and all such   legal requirements.‎      How do   we keep your personal information secure?‎      We have   implemented reasonable safeguards to protect your personal information from   unauthorized access and improper use.   If the   CCPA applies to you, then you have the following additional rights:      Deletion   Rights: You have the right to request that we delete any of your personal   information ‎that we retain, subject to certain legal exceptions, such as   U.S., state, local and non-U.S. laws, rules and regulations.      Disclosure   and Access Rights: You have the right to request that we disclose to you   certain ‎information regarding our collection and use of personal information   specific to you over the last ‎twelve (12) months. Such information   includes:‎      The   categories of personal information we collected about you;‎   The   categories of sources from which the personal information is collected;‎   Our   business or commercial purpose for collecting such personal information;‎   The   categories of third parties with whom we share the personal information;‎   The   specific pieces of personal information we have collected about you; and‎   Whether   we disclosed your personal information to a third party, and, if yes, the   categories of ‎personal information that each recipient obtained.      No   Discrimination: We will not discriminate against you for exercising your   rights under the ‎CCPA, including by denying service, suggesting that you   will receive, or charging, different rates ‎for services or suggesting that   you will receive, or providing, a different level or quality of service ‎to   you.‎      How to   Exercise Your Rights: To exercise any of your rights under the CCPA, or to   access this ‎notice in an alternative format, please submit a request on your   behalf using any of the methods ‎set forth in the Contact Us section below. ‎      For any   requests relating to the exercise of your rights under this Privacy Policy,   including the CCPA, or questions regarding ‎our processing of your personal   information, please submit or have your authorized representative ‎submit a   request using any of the methods set forth below. ‎      We   will contact you to confirm receipt of your request, including under the CCPA   and request any ‎additional information necessary to verify your request. We   verify requests by matching ‎information provided in connection with your   request to information contained in our records. ‎Depending on the   sensitivity of the request and the varying levels of risk in responding to   such ‎requests (for example, the risk of responding to fraudulent or   malicious requests), we may request ‎further information or your investor   portal access credentials, if applicable, in order to verify your ‎request.   You may designate an authorized agent to make a request under the CCPA on   your ‎behalf, provided that you provide a signed agreement verifying such   authorized agent’s authority ‎to make requests on your behalf, and we may   verify such authorized person’s identity using the ‎procedures above.‎      We will   respond to a consumer request within forty-five (45) days of our receipt   thereof.‎ We will notify you in ‎writing if we cannot comply with the request   and provide an ‎‎explanation of the reasons. ‎      Contacting   Us And Correcting Your Information      Please   contact us with any questions including with any questions as to the   correctness of the information that we collect and maintain. We strive to   assure the correctness of the information we maintain. If the information we   have about you is inaccurate, we will correct the information in a manner as   timely as possible. To contact us, including to provide us with corrections,   please do so in any of the following ways:      Send an   e-mail message with corrections to: homevestors@homevestors.com.   Send   mail with corrections to HomeVestors of America, Inc., 6500 Greenville   Avenue, #400, Dallas, TX 75206.   Call us   at 1-866-394-4780.      © 2021   HomeVestors of America, Inc. All rights reserved.         Terms   of Use      BY   USING ANY WEBSITE, MOBILE APP OR SERVICE OF HOMEVESTORS OF AMERICA, INC.   (“HOMEVESTORS”) YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND   HOMEVESTORS, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF   YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE   ANY HOMEVESTORS WEBSITE OR TO OBTAIN ANY SERVICES FROM HOMEVESTORS.      The   HomeVestors websites and mobile apps include HomeVestors.com,   WeBuyUglyHouses.com, and HomeVestorsFranchise.com (collectively, “Websites”;   and individually, “Website”).  HomeVestors provides numerous services,   including as referenced on the Websites (“Services”).      HomeVestors   reserves the right, at its discretion, to revise the terms of this Agreement   and/or change, suspend, discontinue or modify any aspect of any Website. Such   modifications may include, without limitation, changes in content, in user   priorities, and discontinuance of functional aspects of any Website.    Your continued use of any Website after the posting of revisions to the Terms   Of Use shall constitute your acceptance to be bound by the express terms of   any such revisions.      1.   CERTIFICATION OF USER.   By   using or attempting to use this Website, you certify to HomeVestors that you   are a resident of the United States or otherwise authorized to conduct   business in the United States, are at least 18 years of age or older and have   the legal capacity to enter into this Agreement.      2.   CONTENT AND REGISTRATION.   2.1.        The Website content shall mean all areas and aspects   of the Website and Services including, without limitation, text, data,   photos, graphics and/or video or any information whatsoever obtained through   the Website (collectively referred to herein as “Information”), HomeVestors’   computers or network and any subscription or software, product, service, or   information provided by HomeVestors.      2.2         Vendor Content. HomeVestors has entered into contractual relationships with   certain vendors, sponsors, and advertisers of products or services   (“Vendors”), pursuant to which HomeVestors may link to or display information,   advertisements, discounts, products, goods, or services offered by the   Vendors (“Vendor Content”).  HomeVestors does not guarantee the   availability or accuracy of any such Vendor Content or offers, nor does it   endorse, guarantee nor insure any Vendor products or services.      2.3         HomeVestors shall not be held liable, directly   or indirectly, for any loss or damage caused by your use of: (a) any external   site linked to the Service, (b) Vendor Information, or (c) Vendor products or   services. Statements made on the Service Area concerning the products or   services of HomeVestors do not constitute an offer, but are merely   solicitations of an offer.      2.4         Registration.  You may browse and view certain content on the Website   without registering, but as a condition to using certain other aspects of the   Website or accessing certain services, you may be required to register and   select a user identification and password.  You agree to maintain the   confidentiality of such registration information, be the sole user of such   registration and use your registration solely to access the Website and to   obtain Services.  HomeVestors reserves the right to monitor your use of   the registration and to discontinue you it at any time in HomeVestors sole   discretion.  If you believe that your registration has been compromised,   you must promptly change your registration information and notify us   immediately.      3.   LIMITATIONS ON USE AND USER SUBMISSIONS.   3.1.        Copyright, Patent and Trademark Notice. All content   of the Website provided by HomeVestors, including, but not limited to, all   text, photos, graphics, audio, software, webpage layouts or configurations,   presentations in any format and/or video is copyrighted by HomeVestors of   America, Inc., or its affiliates or subsidiaries. Copyright © 2013-2019   HomeVestors of America, Inc. All rights reserved.      No   portion of the Content or other materials may be directly or indirectly   copied, published, reproduced, modified, performed, displayed, sold,   transmitted, published, broadcast, rewritten for broadcast or publication or   redistributed in any medium, whether now known or hereafter created. The   foregoing prohibition includes, but is not limited to “screen scraping” or   “database scraping” to obtain lists of users or other Information. Nor may   any portion of the Information or other materials be stored in a computer or   distributed over any network, except that you may download or print one copy   of pages strictly for personal and non-commercial use; however, any print out   of any page of the Website or portion thereof, must include HomeVestors’   copyright notice.      HomeVestors,   and its associated logos, page headers, custom graphics, buttons, and other   icons are service marks, trademarks, registered service marks, registered   trademarks, and/or trade dress of HomeVestors. All other content product   names and company logos are trademarks of their respective owners. Neither   these materials, nor any portion thereof, may be stored in a computer except   as reasonably necessary for personal and non-commercial use; however, any   print out of any page of the Website or portion thereof, must include   HomeVestors’ copyright notice and/or trademark registration notice as   appropriate.      3.2.        Notice of Copyright Infringement. HomeVestors   respects the copyrights of others. HomeVestors reserves the right, but not   the obligation, to terminate your license to use the Services if it   determines in its sole and absolute discretion that you are involved in   infringing activity, including alleged acts of first-time or repeat   infringement, regardless of whether the material or activity is ultimately   determined to be infringing. HomeVestors has implemented procedures for receiving   written notification of claimed infringements. If you believe that your   copyrighted work has been reproduced on the Website in a way that constitutes   copyright infringement you may notify our designated copyright agent, Charles   E. Phipps, Locke Lord LLP, J.P. Morgan Chase Tower, 2200 Ross Avenue, Suite   2800, Dallas, Texas 75201, or by
e-mail at cphipps@lockelord.com.      3.3.        Restricted Use. You agree to use the Service Area   and Information for lawful purposes only. You agree not to post or transmit   any information through the Service Area which: (a) infringes any    patent, trademark or copyright rights of others or violates their privacy or   publicity rights, (b) is unlawful, threatening, abusive, defamatory,   libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or   (c) is protected by patent, copyright, trademark or other proprietary right   without the express permission of the owner of such right. You shall be   solely liable for any damages resulting from any infringement of patent,   copyright, trademark or other proprietary rights, or any other harm resulting   from your use of the Service.      3.4.        Your Submission of Messages. You hereby grant to   HomeVestors a worldwide, royalty-free, perpetual, irrevocable, non-exclusive   right and license to use, reproduce, modify, adapt, publish, translate,   create derivative works from, distribute, perform, display and use for any   purpose all messages or other materials posted by you on the Service or any   e-mail sent by you to HomeVestors (in whole or in part) and to incorporate   any such messages or other materials or e-mails in any form, into other media   or technology whether now known or hereafter developed.      3.5.        Public messages. All electronic forums made   available to users of the Service are the sole property of HomeVestors and   are not a public forum. You understand and acknowledge that all information,   data, files, software, music, sound, photographs, graphics, video, messages   or other materials posted by any person or entity other than HomeVestors   (“Third-Party Content”), whether publicly posted or privately transmitted,   are the sole responsibility of the person from which such Third-Party Content   originated. You assume total liability for all Third-Party Content that you   upload, post, email or otherwise transmit via the Service. HomeVestors   assumes no liability for any such Third-Party Content. You agree not to use   the Service to:   1.   upload, post, e-mail or otherwise transmit any Third-Party Content that is   unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,   vulgar, obscene, libelous, invasive of another’s privacy, or hateful, or is   racially, ethnically or otherwise objectionable;   2. harm   minors in any way;   3.   impersonate any person or entity, including, but not limited to, an official   or representative of HomeVestors, or falsely state or otherwise misrepresent   your affiliation with a person or entity;   4.   forge headers or otherwise manipulate identifiers to disguise the origin of   any Content transmitted through the Service;   5.   upload, post, e-mail or otherwise transmit any Third-Party Content that you   do not have a right to transmit under any law or under contractual or   fiduciary relationships (such as inside information, proprietary and   confidential information learned or disclosed as part of employment   relationships or under nondisclosure agreements);   6.   upload, post, e-mail or otherwise transmit any Third-Party Content that   infringes any patent, trademark, trade secret, copyright or other proprietary   rights of any party;   7.   upload, post, e-mail or otherwise transmit any unsolicited or unauthorized   advertising, promotional materials, “junk mail,” “spam,” “chain letters,”   “pyramid schemes,” or any other form of solicitation;   8.   upload, post, e-mail or otherwise transmit any material that contains   software viruses or any other computer code, files or programs designed to   interrupt, destroy or limit the functionality of any computer software or   hardware or telecommunications equipment or network;   9.   disrupt the normal flow of dialogue, cause a screen to “scroll” faster than   other users of the Service are able to type, or otherwise act in a manner   that negatively affects other users’ ability to engage in real time   exchanges;   10.   interfere with or disrupt the Service or servers or networks connected to the   Service, or disobey any requirements, procedures, policies or regulations of   networks connected to the Service;   11.   intentionally or unintentionally violate any applicable local, state,   national or international law, including, but not limited to, regulations   promulgated by the U.S. Securities and Exchange Commission, any rules of any   national or other securities exchange, including, without limitation, the New   York Stock Exchange, the American Stock Exchange or the NASDAQ, and any   regulations having the force of law;   12.   “stalk” or otherwise harass another; or   13.   collect or store personal data about other users.   You   acknowledge that HomeVestors does not pre-screen Third-Party Content, but   that HomeVestors and its designees shall have the right (but not the   obligation) in their sole discretion to refuse or move any Third-Party   Content that is available via the Service. Without limiting the foregoing,   HomeVestors and its designees shall have the right to remove any Third-Party   Content that violates this Agreement or is otherwise objectionable. You agree   that you must evaluate, and bear all risks associated with, the use of any   Third-Party Content, including any reliance on the accuracy, completeness, or   usefulness of such Third-Party Content.   You   acknowledge and agree that HomeVestors may preserve Third-Party Content and   may also disclose Third-Party Content if required to do so by law or in the   good faith belief that such preservation or disclosure is reasonably   necessary to: (a) comply with legal process; (b) enforce this Agreement; (c)   respond to claims that any Third-Party Content violates the rights of other   third-parties; or (d) protect the rights, property, or personal safety of   HomeVestors, its users, or the public.      3.6.        Linking. Without the prior written consent of   HomeVestors, you may not use any of HomeVestors’ proprietary logos, marks, or   other distinctive graphics, video, or audio material in your links. You may   not link to the Website or to any page thereof or engage in the practice of   “deep linking” in any manner reasonably likely to: (a) imply affiliation with   or endorsement or sponsorship of or by HomeVestors; (b) cause confusion,   mistake, or deception; (c) dilute HomeVestors’ trademarks or service marks;   (d) otherwise violate state or federal law; or (e) constitute improper   disparagement or disclosure concerning HomeVestors or any of its respective   affiliates, or their respective officers, directors, agents, franchises, or   Vendors. You may not frame or otherwise incorporate into another Website any   of the Information or other materials on this Website without the prior   written consent of HomeVestors.      4.   ACCESS AND DELAYS IN SERVICES.   HomeVestors,   its affiliates, subsidiaries, and Vendors shall have no responsibility to   provide you access to the Website. Further, HomeVestors, its affiliates,   subsidiaries, and Vendors shall not be liable to you for any loss or   liability resulting, directly or indirectly, from delays, inaccuracies,   errors, omissions or interruptions of the Service for any reason, including,   without limitation, due to electronic or mechanical equipment failures,   telephone interconnect problems, defects, weather, strikes, walkouts, fire,   acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to   other like causes.      5.   MONITORING BY HOMEVESTORS.   You   acknowledge that HomeVestors reserves the right to, and may from time to   time, monitor for all lawful purposes any and all Third-Party Content   transmitted or received through the Service. During monitoring, information   may be examined, recorded, copied, and used for authorized purposes. All   Third-Party Content, including personal information, placed on or sent over   the Service may be monitored. Use of the Service, authorized or unauthorized,   constitutes consent to such monitoring and to the other terms of this   Agreement.      6.   REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY.   6.1.        General Disclaimer and Limited Warranty. You   acknowledge that certain aspects of the Information and/or Vendor Information   and links provided through the Website are compiled from sources which may be   beyond the control of HomeVestors. Though such Information and links are   recognized by the parties to be generally reliable, the parties acknowledge   that inaccuracies may occur. HomeVestors, its licensors and Vendors do not   warrant the accuracy or suitability of any such Information. Neither   HomeVestors nor its licensors or Vendors represent or endorse the accuracy or   reliability of the Information distributed through the Service.      FOR   THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS   WITH ALL FAULTS BASIS.” HOMEVESTORS AND ITS LICENSORS AND VENDORS EXPRESSLY   DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR   OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A   PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY   VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, HOMEVESTORS AND ITS   LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL   MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY   DESIRED RESULT.      6.2.        You assume all risk of errors and/or omissions in   the Website, including the transmission or translation of data. You assume   full responsibility for implementing sufficient procedures and checks to   satisfy your requirements for the accuracy and suitability of the Website,   including the Information, and for maintaining any means which you may   require for the reconstruction of lost data or subsequent manipulations or   analyses of the Information provided under this Agreement.      6.3.        Viruses. YOU ACKNOWLEDGE AND AGREE THAT HOMEVESTORS   USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR   FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE INFORMATION.   HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD HOMEVESTORS   HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR   DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.      6.4.        LIMITATION OF LIABILITY. YOU AGREE THAT HOMEVESTORS   AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE   LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF   THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE   ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR   ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT   TO TEN (10%) PERCENT OF THE SUMS PAID TO HOMEVESTORS BY YOU UNDER THE TERMS   OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND   NOT AS A PENALTY EVEN IF HOMEVESTORS OR ITS AFFILIATES HAVE BEEN ADVISED OF   THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND   EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE   TERMINATION OF THIS AGREEMENT.      6.5.        FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON   HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO   YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR   CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO   YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE   OTHER RIGHTS WHICH VARY FROM STATE TO STATE.      7.   INDEMNIFICATION.   YOU   SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS   HOMEVESTORS AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR   MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES,   VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES)   FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER   KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND   EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR   ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND   USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH   THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN   THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT,   SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL   LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF   ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY   OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE   DEFENSE OF ANY SUCH CLAIM.      8.   PRIVACY POLICIES   These   Terms of Use include our Privacy Policy as contained on our website, which is   incorporated fully herein.      9.   UNSOLICITED MARKETING.   9.1.        Unsolicited Marketing. HomeVestors supports   responsible e-commerce. HomeVestors does not authorize anyone to use the   Service to broadcast, distribute, transmit or retransmit unsolicited   commercial, non-commercial, bulk, or junk electronic mail, including email   (“SPAM”).      9.2.        Electronic Direct Marketing Programs.   HomeVestors   may develop and participate in electronic direct marketing to users of the   Website who elect to receive electronic mail of specific interest to them. In   keeping with this Agreement, HomeVestors does not forward the names and   addresses (electronic or otherwise) to third parties. Advertisers who   participate in HomeVestors’ electronic direct marketing programs identify the   category of users who would most likely be interested in their goods and   services. HomeVestors then forwards the advertisements to users who have   elected to receive that category of electronic mail. Users may elect to not   receive similar electronic mail by requesting that their e-mail address be   removed from the mailing list by selecting the appropriate option included   with each e-mail advertisement sent by HomeVestors. In addition, users may   elect to be removed from such lists at any time by sending a message to the   System administrator at webmaster@homevestors.com.      9.3.        Reporting SPAM. Users who receive SPAM or any   threatening or offensive e-mail through the Services may report it to   HomeVestors by forwarding the unedited message with the full message header   to webmaster@homevestors.com.      9.4.        Reservation of Rights. HomeVestors reserves the   right to take all legal or technical steps that it deems necessary to prevent   the broadcast, distribution, transmission, or retransmission over the Service   of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise   determined by HomeVestors, in its sole discretion, to be objectionable.   HomeVestors reserves the right to suspend or terminate any person or entity’s   use of or access to the Service if it determines, in its sole and absolute   discretion, that such person has used or intends to use the Service in   violation of this policy. A failure of HomeVestors to exercise any right   provided for herein shall not be deemed to be a waiver of such right.      10.   MISCELLANEOUS   10.1.      Governing Law; Limitations; Venue.   The   laws of the State of Texas, excluding any rule or principle that would refer   to and apply the substantive law of another state or jurisdiction, shall   govern this Agreement. To the extent allowed by applicable law, any claims or   causes of action arising from or relating to your access and use of the   Service as contemplated by this Agreement must be instituted within two (2)   years from the date upon which such claim or cause arose. Further, any such   claim or cause of action shall be brought EXCLUSIVELY in the state or federal   courts located in Dallas County, Texas, and you agree to submit to the   exclusive personal jurisdiction of such courts and hereby appoint the   Secretary of State of Texas as your agent for service of process. You agree   to waive any objection that the state or federal courts of Dallas County,   Texas, are an inconvenient forum.      10.2.      Assignments. You may not assign any of your rights, obligations,   privileges, or performance hereunder without the prior written consent of   HomeVestors. Any assignment other than as provided for in this Section 10.2   shall be null and void.      10.3.      Severability. If any provision of this Agreement is found to be   unlawful or unenforceable in any respect, the court shall reform such   provision so as to render it enforceable (or, if it is not possible to reform   such provision so as to make it enforceable, then delete such provision);   and, as so reformed or modified, fully enforce this Agreement.      10.4       Connectivity Charges.  You understand that your access to the Website   and use of the Services may incur third party connectivity charges.  You   understand that you are responsibly for any such charges that your use incurs,   including from your cell phone or internet service provider, including fees   related to text messaging and data fees.      10.5.      Termination. HomeVestors may terminate or suspend your use of   the Website for any reason. Termination or cancellation of your use of the   Website shall not affect any right or relief to which HomeVestors may be   entitled, at law or in equity. Upon termination of this Agreement, all rights   granted to you will terminate and revert to HomeVestors.      10.6.      Notice. Official correspondence must be sent via postal mail to:   HomeVestors of America, Inc. 6500 Greenville Avenue, Suite 400 Dallas, TX   75206.      10.7       Notice Regarding Electronic Commercial Service for California Users.   Pursuant   to California Civil Code Section 1789.3, California Site users are entitled   to the following specific consumer rights notice:  The Complaint   Assistance Unit of the Division of consumer Services of the California   Department of consumer Affairs may be contacted in writing at 1625 North   Market Blvd., Sacramento, CA 95834, or by telephone   at 916-445-1254 or 800-952-5210.      10.8       Entire Agreement. This Agreement is complete and effective   at the time you begin use of the Service. This Agreement constitutes the   entire agreement between the parties, and no other agreement, written or   oral, exists between you and HOMEVESTORS. In the event that any   inconsistencies exist between this Agreement and any future published terms   or understanding, the last published Agreement or terms of use shall control.   ANY   RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HOMEVESTORS OF AMERICA,   INC.      © 2021   HomeVestors of America, Inc.  All rights reserved