Finding the best Real Estate AGENTS for home BUYERS and SELLERS

952-467-6151 brett@homevisor.com

Terms of UseEffective: 2/1/2012

WELCOME

These Terms of Use (the "Terms") govern all use of the HomeVisor, LLC websites (including www.homevisor.com) and all content, services, features, activities and products available at or through the websites, mobile sites and applications (collectively, the "Site"). The Site is owned and operated by HomeVisor, LLC ("HomeVisor", "us", "our", or "we"). We ask you, the "User" or "you" (meaning the person using this website as well as the business or entity on whose behalf you are accessing this web site if you are doing so in such a capacity) carefully review these Terms. These Terms together with our Privacy Statement (which is incorporated by reference herein in its entirety) constitute a legally binding agreement between you and HomeVisor, which governs your use of the Site (this "Agreement"). Your use of this Site constitutes your agreement to be bound by all Terms. If you disagree with one or more of these Terms or find them unacceptable in any way, you may not enter or use our Site.

The Services are available only to individuals who are at least 13 years old. These Terms are subject to change at any time, without prior notice. HomeVisor reserves the right, in its sole and absolute discretion, to change, modify, update, and interpret these Terms at any time and you agree to be bound by those changes, modifications, updates and interpretations. You are responsible for reviewing these Terms on a regular basis. By using or accessing the Site, you agree to be bound by the Terms of this Agreement.

If you violate any of these Terms, your authorization to use our Site terminates automatically including all licenses and rights to use any materials on this Site. You agree that any use of this Site that is not explicitly authorized is a breach of contract, unauthorized access of a protected computer, and violation of HomeVisor’s intellectual property rights including copyright rights, in addition to any and all other claims HomeVisor may have against you. If any of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain their full force and effect. These Terms and the Privacy Statement constitute the entire agreement between you and HomeVisor applicable to its subject matter. They may not be modified except as described elsewhere herein. Anything on the Site inconsistent or in conflict with these Terms is superseded by these terms.

HOME BUYERS AND SELLERS

HomeVisor attempts to provide its Users who submit the required information with recommended independent third party real estate professionals. By using our service, you agree to supply us with information about yourself and the property you wish to sell or buy. We will use this information within HomeVisor and will provide some or all of this information to third parties who are, in most cases, appropriate real estate professionals. You agree to have the information you supply to us forwarded to real estate professionals or to other third parties as determined appropriate by HomeVisor to provide these services. You consent to receive email from us to use our services. You also consent to receive emails from third party(ies) if the HomeVisor service requested requires services from a third party(ies) - for example, a local real estate agent.

To assure the value of HomeVisor's services, you agree that all of the information you have provided to us, whether online or otherwise, is accurate and complete. We reserve the right to terminate or suspend access to any User who is alleged to have provided inaccurate or misleading information or to have otherwise violated these Terms.

HomeVisor makes no guarantees that it can or will be able to perform the services in all situations. HomeVisor reserves the right to refuse to provide services for any reason.

In using our services as a property buyer and/or seller, you warrant and agree:

For its services HomeVisor may receive payment including, but not limited to, a referral fee that may be a percentage of the commission received by the real estate professionals involved in the real estate transaction. Our payment is due based on an agreement between HomeVisor and the real estate professional involved. Your registration with HomeVisor and use of our services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

We may from time to time offer eligible Users promotional opportunities to incent use of HomeVisor's services. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use a real estate professional referred by us to buy or sell a home. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

LINKS TO OTHER WEB SITES

HomeVisor may provide links to other web sites that provide information or services which may be of help or interest to you. HomeVisor provides these links for your convenience only. We are not responsible for the content of these sites or the programs, agencies, or businesses they describe. HomeVisor does not guarantee that these sites will meet your particular purposes. HomeVisor is not responsible for the content or privacy practices of non-HomeVisor Sites to which our Site may link. Please review the privacy policy of such sites before using them.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

The Site is controlled and operated by HomeVisor, LLC. All content on the Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by HomeVisor or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to HomeVisor. Content on the Site is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use. You may not otherwise copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of HomeVisor or the Providers. Without the prior written consent of HomeVisor or the Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than your personal non-commercial use, violates our rights and/or the Providers' copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of the Site, you warrant to HomeVisor that you will not use our Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. HomeVisor retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Site without prior written consent of HomeVisor.

In the event you choose to provide HomeVisor with any questions, comments, suggestions, ideas, or similar communications, all such messages (collectively, “Feedback Messages”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant HomeVisor a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit, and distribute your Feedback Messages, in whole or in part, and including all intellectual property rights therein without restriction or compensation.

PROHIBITED ACTIVITIES

You are specifically prohibited from use of the Site and you agree not to use, or permit others to access and/or use, the Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Site; (d) upload, post, emailing or otherwise transmitting any information, content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, or other automatic or manual device or process to search, monitor or copy our Site pages, or the content without HomeVisor’s prior written consent, provided that generally available third party web browsers such as Microsoft Internet Explorer® , Firefox®, Safari® and Google Chrome®, may be used without such permission.

DISCLAIMER OF WARRANTIES

YOUR USE AND ALL ACCESS TO THIS WEB SITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE SITE AND SERVICES ARE PROVIDED BY HOMEVISOR ON AN “AS IS” BASIS. HOMEVISOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THIS SITE, THE PROVISION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR AS PART OF SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SITE. HOMEVISOR WILL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE OR AS PART OF THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOMEVISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SITE AND SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. HOMEVISOR MAKES NO REPRESENTATIONS, WARRATIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

LIMITATION OF LIABILITY

IN NO EVENT WILL HOMEVISOR BE LIABLE UNDER ANY THEORY OF LAW FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES OR RESULTING FROM USE OF OR RELIANCE ON THE SITE, EVEN IF HOMEVISOR MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SERVICES, AND ALL CONTENT IS TO STOP USING THE SITE, SERVICES AND CONTENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Our Site is controlled and offered in the United States of America. We make no representations that our services are appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

VIOLATIONS/INDEMNIFICATION

BY VISITING THIS WEB SITE OR USING OUR SERVICES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOMEVISOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, ACTIONS, JUDGMENTS, LOSSES, EXPENSES, DAMAGES AND COSTS, THAT HOMEVISOR MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES AND ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED HOMEVISOR OF THE POSSIBILITY OF SUCH CLAIM OR ANY CLAIMS, ACTIONS, JUDGMENTS, LOSSES, EXPENSES, DAMAGES AND COSTS, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT BY YOU OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).

WAIVER AND RELEASE

YOU AGREE THAT NEITHER HOMEVISOR NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HOMEVISOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF HOMEVISOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.

JURISDICTIONAL ISSUES

This Site is controlled and operated by HomeVisor from its offices within Minnesota. These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota, without regard to any conflict of laws principles, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party, or HomeVisor brings to enforce these Terms, or in connection with any matters related to the Site, shall be brought only in either the state or Federal courts located in and for Hennepin County, Minnesota and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between HomeVisor, its affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms or terms of use or understanding shall prevail.

ASSIGNMENT


You may not assign any rights or obligations under these Terms without HomeVisor’s prior written consent. HomeVisor may assign all or part of these Terms to any third party, including but not limited to assigning and transferring personal information as described in the Privacy Statement.

ADDITIONAL TERMS

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HOMEVISOR.