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.
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.
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 agree to be contacted via e-mail 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 HomesForHheroes.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 agree to be contacted via e-mail 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. All information and services are provided “as is” without warranty of any kind. Homes for Heroes and/or its Affiliates, Partners, or Suppliers hereby disclaim all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. 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.
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 protected by patent, copyright, trademark 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.
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.
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.
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.