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HomeBTB Terms of Use

Welcome and thank you for your interest in HomeBTB. By clicking a registration or new account submission button, or by otherwise using HomeBTB's websites, networks, mobile applications, or other services provided by HomeBTB (collectively, the “Services”), or accessing any content provided by HomeBTB through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

1. HomeBTB’s Role. HOMEBTB DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. HOMEBTB IS NOT A FINANCIAL OR REAL ESTATE BROKER OR LENDER. HomeBTB's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, HomeBTB may serve advertisements based on the information we collect through the Services. See the Privacy Policy for more details. HomeBTB does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. HomeBTB assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

2. Eligibility; Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with HomeBTB permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

3. Use of the Services; Restrictions.

A. Use of the Services. As long as you comply with these Terms of Use, HomeBTB grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App (as defined in Section 3(B) below) on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.

B. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. HomeBTB does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. HomeBTB may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.

4. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:

● use information provided by HomeBTB through the Services in making any loan-related decisions;

● reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;

● provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;

● remove or modify any copyright or other intellectual property notices that appear in the Services;

● use the Services for resale, service bureau, time-sharing or other similar purposes;

● use the Services in any way that is unlawful, or harms HomeBTB, its service providers, suppliers, or any other user;

● distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;

● impersonate another person or misrepresent your affiliation with another person or entity;

● reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by HomeBTB for a particular portion of the Services;

● upload invalid data, viruses, worms, or other software agents to the Services;

● interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures HomeBTB may use to prevent or restrict access to the Services;

● conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;

● use any of HomeBTB's trademarks as part of your screen name or email address on the Services; or

● attempt to, or permit or encourage any third party to, do any of the above.

5. User Materials.

A. UGC Definition; License Grant. Certain portions of the Services may allow users to upload or otherwise provide to HomeBTB images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant HomeBTB an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. HomeBTB will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. HomeBTB may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize HomeBTB and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. HomeBTB will not use client contact information that is uploaded by agents into the HomeBTB Agent Hub portal for any purpose.

B. UGC Disclaimer. HomeBTB is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. HomeBTB may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials that in HomeBTB’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against HomeBTB with respect to User Materials. HomeBTB expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, HomeBTB may investigate the allegation and determine in HomeBTB’s sole discretion whether to remove the User Materials, which HomeBTB reserves the right to do at any time and without notice.

6. 3rd Party/Linked Services/Sent information.

The Services include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under HomeBTB’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. HomeBTB does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that HomeBTB may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of HomeBTB. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. HomeBTB is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

7. Intellectual Property. The Services are owned and operated by HomeBTB. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“HomeBTB Materials”) provided by HomeBTB are protected by intellectual property and other laws and are the property of HomeBTB or HomeBTB’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the HomeBTB Materials, and HomeBTB reserves all rights to the HomeBTB Materials and Services not granted expressly in these Terms of Use.

8. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any HomeBTB Materials (“Feedback”), then you hereby grant HomeBTB an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.

9. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from HomeBTB to use the Services will terminate automatically. In addition, HomeBTB may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. HomeBTB may alter, suspend or discontinue the Services or any portion of the Services without notice. HomeBTB will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. HomeBTB reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.

10. Privacy Policy

HomeBTB will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.

11. Indemnification. You agree to indemnify, defend, and hold harmless HomeBTB, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. HomeBTB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with HomeBTB’s defense of that claim.

12. No Warranties. HOMEBTB PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEBTB AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOMEBTB AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY HOMEBTB ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND HOMEBTB MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

13. General. You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. These Terms of Use may only be amended by a written agreement signed by authorized representatives of the parties to these Terms of Use. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. HomeBTB may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Services. HomeBTB's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and HomeBTB with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and HomeBTB with respect to the Services.

14. Consent to Communications. By using the Services, you consent to receiving certain electronic communications from HomeBTB as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, agreements, disclosures, or other communications that HomeBTB sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with HomeBTB or third parties, such as real estate agents and Lenders. Communications through these methods may be routed through a third-party service ("Communications Service"). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by HomeBTB or the Communications Service. HomeBTB also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that HomeBTB and the real estate professional can access certain details about the contact. As part of this process, HomeBTB and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by HomeBTB and the Communications Service. The information is subject to the Privacy Policy.

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