Terms and Conditions
Welcome to Homes for Heroes
The Terms of Service agreements below describe the terms and conditions applicable to your use of our real estate and lender referral services at Homes for Heroes, Inc. If you have any questions regarding these agreements, you may contact us at firstname.lastname@example.org. We reserve the right to amend these agreements at any time. You further agree that by accessing the Homes for Heroes Web site or utilizing the Homes for Heroes services, you agree to be bound to the Terms and Policies as are in effect at such time. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS
TERMS OF SERVICE
Agreement between User and Homes for Heroes, Inc.
This Web site is offered to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions and notices. This agreement is between Homes for Heroes, Inc., you the user, and, if you are using the Web site on behalf of a company or organization, such company or organization will also be considered a party to this agreement and you represent that you have the authority to bind your company or organization.
Neither Homes for Heroes nor its representatives or affiliates are engaged in rendering legal services or other such advice. Your use of the Web site is subject to the additional disclaimers and notices that may appear throughout the Web site.
Obligations of Home Buyer, Sellers, and Refinancers registered with HomesForHeroes.com. By completing your registration with HomesForHeroes.com, you are stating that you would like a Homes for Heroes approved real estate and/or lending professional to contact you. You also are agreeing that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in purchasing, selling, and/or refinancing a property;
- You are interested in purchasing/selling a property located in the USA or Canada;
- You do not have an exclusive contractual or other arrangement with any real estate professional, including a lender;
- You consent to be contacted via e-mail, contact information you provide or other means by HomesForHeroes.com regarding Homes for Heroes, Inc. services;
- Homes for Heroes may request, receive, copy and review the Settlement Statement from your real property transaction for the purposes of quality assurance and control;
- You acknowledge that Homes for Heroes recommends you independently verify the professional license status and background of your Homes for Heroes real estate and lending professional(s). Homes for Heroes makes no such representations and or warranties about its real estate and lending professionals beyond the initial checks that are completed when they apply for membership into the Homes for Heroes Affiliate Network;
- As a Home Buyer, Seller, or Refinancer you are not bound to accept any Proposals submitted by a Homes for Heroes real estate or lending professional. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the real estate or lending professional.
Obligations of Real Estate Agent, Mortgage Lender, real estate related service provider, or third party vendor registered with HomesForHeroes.com. By completing your registration with HomesForHeroes.com, you are stating that you would like a Homes for Heroes representative to contact you. You also are agreeing that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are interested in affiliating with Homes for Heroes;
- You consent to be contacted via e-mail, other contact information you provide or other means regarding Homes for Heroes’ services.
Homes for Heroes, Inc. is primarily a marketing and referral service, and all content provided on this Web site is for education purposes only and does not in any manner create a legal contract express or implied between Homes for Heroes and you. Without limiting the foregoing, the information and services published on this Web site may include inaccuracies or typographical errors. In no event, shall Homes for Heroes and/or its Affiliates, Partners, or Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Web site or with the delay or inability to use this Web site, or for any information and services obtained through this Web site, or otherwise arising out of the use of the Web site, whether based on contract, tort, strict liability or otherwise, even if Homes for Heroes or any of its Affiliates, Partners, or Suppliers has been advised of the possibility of damages.
LIMITATION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AT THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOMES FOR HEROS AND ITS AFFILIATES AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU ARE RESONSIBLE FOR BACKING UP ANY DATA YOU SUBMIT TO THIS WEBSITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information and/or services obtained from this Web site. The content available through this Web site is the sole property of Homes for Heroes, Inc. or its licensors and is the valuable intellectual property of Homes for Heroes protected by trademark, copyright, patent, and other intellectual property laws. Except as otherwise explicitly agreed to in writing, Homes for Heroes-owned content received through this Web site may be downloaded, displayed, and printed for your personal, non-commercial use only. Content owned by Homes for Heroes licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this Web site to anyone, including but not limited to others in the same company or organization without Homes for Heroes’ express prior written consent.
LINKS TO THRID PARTY SITES
LINKS TO OUR WEBSITE
USE OF SUBMISSIONS
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this Web site, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
If you use this Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of this Web site is terminated, you will (i) stop using the Web site and any information obtained from the Web site, and (ii) destroy all copies of your account information, password and any information obtained from this Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to Homes for Heroes that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not without our prior written permission use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Web site or accessed through this Web site. You may not republish Homes for Heroes content or other content from this Web site on another Web site or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this Web site. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access our Web site is virus free.
If you are under the age of 18, you may not use this Web site.
ERRORS AND DELAYS
Homes for Heroes is not responsible for any errors or delays in responding to a request for a real estate professional or lender caused by an incorrect e-mail address or other contact information provided by you, or other technical problems beyond our reasonable control.
Any claim or controversy arising out of or relating to the use of Homes for Heroes’ services, or to any acts or omissions for which you may contend Homes for Heroes is liable, including but not limited to any claim or controversy (“Dispute”), shall be finally, and exclusively, settled by arbitration in Minnesota. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Homes for Heroes. In any arbitration, Homes for Heroes will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Minnesota. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim there to. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HOMES FOR HEROES WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.
CHANGES TO OUR WEBSITE
We may make improvements or changes in the information, services, products, and other materials on this Web site, or terminate this Web site at any time. We may modify this agreement at any time, and such modifications will be effective immediately upon posting of the modified agreement. Accordingly, you agree to review the agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified agreement.
These Terms of Service shall be subject to and construed in accordance with the laws of the State of Minnesota, excluding its conflict of laws and principles. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Homes for Heroes and other logos, product and service names are trademarks and service marks owned by or licensed to Homes for Heroes, Inc. or its affiliates (the “Marks”). Without the prior written permission of Homes for Heroes, Inc., or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2022, Homes for Heroes, Inc. All rights reserved.