Effective date: August 30, 2019
Home Captain may amend these Terms at any time by posting a revised version of our Terms on our Site or App with an updated effective date. Your access to or continued use of the Site or Service after the effective date of the revised Terms constitutes your acceptance of the revised Terms.
THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. PLEASE READ THESE TERMS CAREFULLY.
- Description of Service
Our Service helps to connect users who wish to buy or sell real estate (a “Buyer/Seller”) with partners who wish to assist the Buyer/Seller with professional service providers(an “Affiliate”) needed to accomplish their goal. Once you register on our Service as a Buyer/Seller, a Representative of Home Captain will contact you to identify the desired services and connect you with Affiliates. The Affiliates may require you to enter into a contract with regard to buying a home, the listing and selling of your home, loans , insurance, or related services and that contract will be solely between you and the Affiliate. Please note that the Affiliates are independent third parties, and we cannot be responsible or liable for their actions or omissions in assisting you with the listing and sale of your home. We do not guarantee any results you may achieve by participating in the Services provided by an Affiliate.
To access and use some features of the Service, you may be required to register with our Service and provide your email address and phone number. You represent and warrant that if you register on our Service, you will provide accurate registration information and you will keep your registration information up-to-date. You are responsible for maintaining the confidentiality of your login details and you are fully responsible for all activities that occur under your account. Sharing of your login details with any other person or entity constitutes a breach of this TOU. You agree to notify us immediately of any known or suspected unauthorized use of your account or any other suspected breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your login or account data.
You must be of legal age to enter a binding legal contract to use our Service. You may not use the Service If you are under the age of 18 or the age of majority in your jurisdiction, or are otherwise prohibited by law from using our Site. We reserve the right to refuse use of the Service to anyone for any reason without liability.
- Fees and Payments
Registration on our Service is free; however, you will be charged a fee in order to list or sell a property through our Service. Any fees paid to list or sell a property are not refundable for any reason. We do not process any payments ourselves, rather all payments are facilitated by third parties outside of our Service, and we are not responsible for any such payment transactions.
By providing any payment card information through the Site or Service, you represent and warrant that you are the accountholder and are authorized to enter into such transaction. It is your responsibility to update your payment information as necessary. Late or cancelled payments may result in additional fees.
- User Content and User Conduct
Any content uploaded, posted, submitted, or otherwise made available by individual users of our Service, including without limitation property photographs and descriptions, or other content which does not originate with Home Captain (the “User Content”), is the sole responsibility of the person who made such User Content available on the Site. Under no circumstances will Home Captain be liable in any way for any User Content made available through our Site or Service. Because we do not necessarily pre-screen or review the User Content posted on our Site, we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing our Service, you may encounter content that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. Home Captain is not liable for any loss or damage of any kind you claim was incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on our Service, whether by Home Captain , individual users of our Service or our third party contractors or licensors.
By submitting any User Content to Home Captain , you grant Home Captain a nonexclusive, irrevocable royalty-free license to use, display, publish, sublicense, and create derivatives of the User Content.
You agree that you will not use our Service to transmit or make available any User Content that:
- violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
- infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
- contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
- you know or have reason to know is false, misleading, or fraudulent;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- employs any techniques to disguise the origin of the content submitted;
- contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
- incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
- contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
You further agree not to use our Service to:
- engage in any conduct which might be harmful to any individual;
- impersonate or misrepresent your affiliation with any person or entity;
- engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute “stalking” or otherwise harassing conduct aimed at another person or entity;
- engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
In addition, you are prohibited from interfering with or disrupting the Service, or servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Site. You agree that our exercise of such discretion will not convert or transform User Content to content owned or provided by Home Captain , and the user who made such User Content available on our Service will retain ownership thereof as described below.
If you believe any User Content posted on the Site violates your proprietary rights, please see the Digital Millennium Copyright Act (DMCA) Notices section of these Terms.
- Ownership of Feedback
We welcome comments or suggestions regarding our Service. The following policy applies to all third party submissions to Home Captain of ideas, comments, suggestions, proposals or materials: (a) all submissions shall be considered non-confidential and non-proprietary; (b) we will have no obligation concerning the submission, contractual or otherwise (including, without limitation, confidentiality); (c) we will not be liable for any use or disclosure of any submission; and (d) Home Captain shall be entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, including without limitation public display on the Site, without compensation to the submitting person.
- Ownership of the Site and Service
The Site, Service, and all content on the Site and Service are protected by copyright, trademark, trade secret, and other intellectual property laws and shall at all times remain the exclusive property of Home Captain , its affiliates, and licensors. You acknowledge you only receive a license to use the Site and Service and do not acquire any interest therein.
You agree to abide by and not to remove, modify, or obscure any copyright or other proprietary rights notices and usage restrictions on the Site or Service, or on any copies or versions thereof. You acknowledge you are only permitted to use the Site and Services for your own personal use. Commercial use of the content or materials contained in the Site and Service, or the downloading, alteration, modification, or creation of derivates thereof is strictly prohibited.
The Home Captain logo, product, and/or service names, brand, and other marks are the trademarks of Home Captain (collectively, the “Trademarks”). You may not use the Trademarks for any purpose, including without limitation to suggest Home Captain endorses or supports you, your business, or your products/services without the express written permission of Home Captain .
- Third-Party Websites, Advertisers or Services
- Our License to You
We grant you a limited, non-exclusive, non-transferable, revocable license to use the Site and Service subject to your continued compliance with these Terms. You are prohibited from copying, scraping, crawling, harvesting, distributing, republishing, displaying, posting, transmitting, transferring, selling, commercially exploiting, decompiling, or reverse engineering any content or code from the Site or Service without the express written permission of Home Captain .
You agree to defend, indemnify and hold harmless Home Captain , its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to your use of the Site or Service, breach of these Terms, or violation of any law. Home Captain may assume the exclusive defense and control of any matter for which you have agreed to indemnify Home Captain and you agree to assist and cooperate with Home Captain in the defense or settlement of any such matters.
In the event of any breach of these Terms, Home Captain may be irreparably and immediately harmed. Without prejudice to any other rights or remedies otherwise available to Home Captain , Home Captain shall be entitled to seek equitable relief by way of injunction to prevent any breach of these Terms or any unauthorized use of the Site or Service, and to compel specific performance of the provisions of these Terms, without need for proof of actual damages and you agree not to oppose Home Captain ’s right to seek such relief. You agree to waive, and to cause your representatives to waive, any requirement for the securing or posting of any bond in connection with such remedy.
- No Warranty
Home Captain makes no representations or warranties regarding the Service, the results you may achieve when you use the Site or Service or enter into a contract with a Franchisee, or the quality of any third party referrals we may provide, including but not limited to the Franchisees. THE SITE, SERVICE, AND USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITILE, OR COURSE OF PERFORMANCE. HOME CAPTAIN DOES NOT MAKE ANY WARRANTIES REGARDING THE SALE OF YOUR PROPERTY. USE OF THE SERVICE IS AT YOUR OWN RISK.
Home Captain may from time to time send you information about third parties who provide services relevant to sellers, including without limitation mortgage companies, property inspectors, title companies, insurance providers, moving companies, and housekeeping services (the “Affiliates”). Home Captain makes information from Affiliates available for your information purposes only and does not warrant, guarantee, or endorse the services of the Affiliates. You acknowledge and understand that nothing obligates you to use the services of the Affiliates and you contract with the Affiliates at your own risk.
- Waiver and Release
California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby waive this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.
- Limitation of Liability
IN NO EVENT SHALL HOME CAPTAIN , ITS AFFILIATES, THE FRANCHISEES, OR THE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS OF ANY OF THEM (COLLECTIVELY THE “HOME CAPTAIN PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, EXEMPLARY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING FOR LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICE, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE OR SERVICE, THE INFORMATION COLLECTED OR TRANSMITTED THROUGH THE SERVICE, USER CONTENT, DELAYS IN TRANSMISSION, THE CONDUCT OF ANY USER OF THE SERVICE, AND ANY DAMAGES RESULTING IN ANY WAY FROM ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OF, INABILITY TO USE, OR RELIANCE ON THE SERVICE BY YOU OR A THIRD PARTY, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY. HOME CAPTAIN IS NOT LIABLE FOR THE PRODUCTS OR SERVICE OF ANY THIRD PARTY, REGARDLESS OF WHETHER SUCH THIRD-PARTY PRODUCTS OR SERVICE ARE MADE AVAILABLE THOUGH OUR SITE OR SERVICE, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED BY THE FRANCHISEES OR AFFILIATES. YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THEN THE HOME CAPTAIN PARTIES’ MAXIMUM AGGREGATE, CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED IN THE AGGREGATE TO ONE HUNDRED DOLLARS ($100.00).
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Home Captain without restriction or consent.
- Governing Law
You agree that: (i) the Service shall be deemed based in Colorado (where we have our headquarters); and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Home Captain , either specific or general, in jurisdictions other than Colorado. This Agreement shall be governed by the laws of the State of Colorado, without respect to its conflict of laws or principles. We make no representation that our Service is appropriate, legal or available for use outside of the United States. The state and federal courts located in Denver, Colorado will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our Site, and you hereby consent to such jurisdiction.
- Binding Arbitration; Class Action Waiver.
By accessing and using the Site and/or Service you agree any claims you bring against Home Captain arising out of or relating to this TOU, your use of the Site or Service, or your rights of privacy will be resolved by binding arbitration conducted by the American Arbitration Association in conjunction with its Consumer Arbitration Rules. You hereby expressly waive your right to file a lawsuit or have a trial by jury. Arbitration shall be conducted in Arapahoe County, Colorado by a single arbitrator. Any cause of action you may have under this TOU must be commenced within one (1) year after the claim or cause of action arises. Costs of arbitration shall be shared equally between you and Home Captain , except that each of us shall be responsible for the costs of our own legal counsel.
You agree any claims you bring against Home Captain will be conducted only in an individual capacity and not as part of a class, consolidated, or representative action. You hereby waive your right to participate in a class-action lawsuit or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU AGREE THAT YOU AND HOME CAPTAIN MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Nothing in this section shall limit Home Captain ’s right to seek any other remedies available, including but not limited to injunctive relief.
You agree Home Captain may provide notifications to you via email, written or hard copy notice, or through conspicuous posting of such notice on our Site. You may opt out of certain means of notification or to receive certain notifications.
You acknowledge that nothing in these Terms or in the relationship created herein shall be construed as a joint venture, partnership, employment, third-party beneficiary, or principal/agent relationship.
- Entire Agreement/Severability/Waiver
These Terms are the entire agreement between you and Home Captain regarding the subject matter hereof. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Home Captain ‘s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Changes to Terms
Home Captain may alter these Terms at any time, so please review them frequently. If a material change is made, Home Captain may notify you within our Service’s functionality, by email, by means of a notice on our home page, or other places we think appropriate. The new Terms will be posted here with an updated Effective Date. A “material change” will be determined at Home Captain ‘s sole discretion, in good faith, and using common sense and reasonable judgment.
We are committed to making the Site accessible for all to use. We have taken steps and regularly assess the Site to achieve compliance with generally recognized and accepted standards for accessibility. Should you experience difficulty in accessing any portion of the Site, please contact us at support@HomeCaptain.com.
- No Professional Advice
Nothing contained in the Terms, the Site, or the Service constitutes legal, accounting, financial, or other professional advice. If you have any questions regarding your rights and obligations, you should consult a professional prior to taking any action.
- Digital Millennium Copyright Act (DMCA) Notices
Pursuant to the Digital Millennium Copyright Act (DMCA) Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Home Captain in accordance with Home Captain ’s DMCA Statement. You can access our DMCA Statement on Homecaptain.com
- Contact Us
If you have any questions about these Terms, the practices of this Service, your dealings with this Site or the Service, or complaints, please contact us at support@HomeCaptain.com or at Home Captain, 2675 South Abeline St. #215 Aurora, CO 80014.
- Electronic Signature.
You acknowledge and understand that the affirmative act of clicking below to accept this TOU constitutes your electronic signature to this TOU and your acceptance of all of its terms. You acknowledge other legal documents available through the Site or Service may be executed electronically and you consent to providing said electronic signature and agree to be bound by the terms and conditions of such documents.