PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
In addition to these Terms, you may be subject to other terms, including the Additional Terms (described in Section 1), a Text Messaging Consent, a Consent to Electronic Communications and Electronic Signatures, an application agreement, an agreement for specific goods and services, and an option purchase agreement. In the event of a conflict between these Terms and any other terms, consent, or agreement, the terms of the other terms, consent, or agreement shall prevail.
You acknowledge that you have read, understand, and consent to our information collection, use, disclosure, and protection practices in our Privacy Notice.
(b) These Terms are available at a link at the bottom of each page on the Site and when you submit a pre-qualification request. We may change these Terms at any time. Please check these Terms before using the Site to determine whether a change has been made. Your continuing access to or use of the Site confirms your unconditional acceptance of the then-current Terms in their entirety. If you do not agree to the changes in the Terms as they occur, you should exit and not use the Site.
(c) From time to time, Hometap may supplement these Terms with additional terms pertaining to specific content or events (‘Additional Terms’), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
2. WEBSITE IS NOT AN OFFER OR COMMITMENT TO ENTER INTO AGREEMENT
Information on the site is not an offer or commitment to enter into an agreement with you. The information contained on the site is general in nature and is not tailored to your individual circumstances. We may refuse to provide our products and services to anyone at any time.
3. USE OF THE SITE
(a) Your use of the Site is personal to you and is not transferable by you to any person or entity. You may browse and use this Site only in compliance with these Terms. You may not distribute, modify, transmit, publish, reuse, repost, or use the Site or any content made available on the Site: (i) without the express written permission of Hometap; (ii) in a manner inconsistent with or in violation of these Terms; (iii) in violation of any applicable law, rule, regulation, or order; or (iv) in a manner that could damage, disable, overburden, or impair the Site or any third party or interfere with any other person’s use or enjoyment of the Site.
(b) Without limiting the foregoing, you will not (i) access any data on the Site not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain or access personally identifying information, passwords, account information, or other information about others in connection with your use of the Site; (iii) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site; (iv) use any data mining, robots, or similar data gathering and extraction tools in connection with the Site; (v) upload any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; (vi) register for more than one user account or register for a user account on behalf of an individual other than yourself; (vii) use or attempt to use another’s account, service, or system without our authorization, or create a false identity on the Site; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or (ix) transmit, distribute, introduce, or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, ‘Viruses’). We do not have an obligation to detect the presence of such Viruses.
(c) If you download software or any other content from the Site, you do so at your own risk.
(d) You agree and acknowledge that you have the sole responsibility and liability for your use of the Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use of the Site.
4. ACCOUNTS AND ELIGIBILITY
(a) By accessing and using this Site, you represent that you are (i) at least 18 years or older if the age of majority is greater in your state and (ii) legally qualified to enter into contracts under applicable law. If you do not qualify, you may not use the Site or apply to or request pre-qualification from us for products and services.
(b) You agree that (i) any and all information that you provide will be true, accurate, current, and complete information about yourself, and (ii) you will continue to provide, maintain, and update any and all information in order for it to remain accurate, current, and complete. You are solely responsible for all information that you provide to us.
(c) In order to have access to view and use certain additional features of the Site, you will be required to request pre-qualification from us and/or register with Hometap by creating an account.
(d) For any reason, as well as upon any violation of any of these Terms, the Privacy Notice, or any other agreement between you and Hometap, or if Hometap suspects fraudulent or unlawful activity, we may take any action we deem necessary to protect Hometap’s or its customers’ interests without notice, including: (i) suspending or terminating access to the Site (along with any content or information you have uploaded into or have access to on the Site); (ii) suspending or terminating any Hometap accounts; (iii) cancelling any active applications or pre-qualification requests; (iv) deleting any information or materials provided by you to us; (v) and notifying and fully cooperating with law enforcement authorities. If we revoke or prohibit your account, you agree that you will not create any new account, whether or not under the same username and/or email or a different username and/or email. You agree that Hometap will not be liable to you or any third party for any action taken pursuant to this Section 4.
In order to obtain a pre-qualification, you will be required to provide us with certain basic information about you. All pre-qualifications are conditional and not tailored to your specific circumstances. Among other conditions, any statements by us in any pre-qualification are conditional upon the successful application process as described below, which may be refused or rejected by Hometap for any reason or no reason at all.
(a) Your creation and submission of an application is subject to these Terms. To submit an application, you may be required to create an account with us subject to these Terms and use your account to submit the application. With respect to any application that you submit, you represent that, at the time of submission, all information provided is accurate, current, and complete, and that you have all necessary rights, licenses, and consents to provide us with that information. You agree to notify us of any changes in any information submitted in connection with your application. Hometap may deny your application at any time for any reason or no reason at all.
(b) During the application process, we may ask you to submit additional information to us and to authorize us to obtain information from third parties, including third party financial institutions, credit bureaus, and other third parties with which you maintain accounts or engage in financial transactions and that we determine, in our discretion, to be relevant to our evaluation of your application. You may also be permitted to, and choose to, put us in touch with other third parties by, for example, linking your account with us to your account with the third party. All of the third parties mentioned in the previous two sentences are ‘Your Third Party Service Providers’. Solely for the purposes of obtaining data from Your Third Party Service Providers to evaluate and process your application and provide related services to you, you hereby appoint Hometap as your attorney-in-fact and agent, and grant Hometap a limited power of attorney, in order for Hometap to do and perform in your place each thing necessary in connection with those purposes. When Hometap is accessing and retrieving your information from Your Third Party Service Providers, you acknowledge and agree that Hometap is acting as your agent, rather than the agent of Your Third Party Service Provider.
(c) You hereby authorize Hometap to use any information that you provide to us, as well as any information provided to us by Your Third Party Service Providers, for the purpose of evaluating your application and providing related services to you. This information may include personal information, including, for example, social security numbers, account balances, and transaction information. You acknowledge that Hometap’s evaluation of your application may include a credit check, which may or may not affect your credit, and you agree that Hometap is not liable to any third parties, including Your Third Party Service Providers, for any costs relating to the processing your application.
7. RESPONSIBILITY FOR USER ACCOUNTS AND PASSWORDS
Certain areas or features of this website are restricted to users who have obtained a user identification and password by creating an account as described on the Site. Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of the Site. You agree to notify us immediately if you believe your user identification, password or other identifying information has been lost, stolen, or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this website by you or any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information, including, but not limited to, any access to or use of the Site that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.
8. COPYRIGHT AND TRADEMARKS
(a) The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site (the ‘Content’) is the property of, or used with permission by, Hometap and is protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, copy, distribute, or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
(b) Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Site are registered and unregistered trademarks, trade names, and service marks owned by Hometap. Other trademarks, trade names, and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by Hometap. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Site without Hometap’s written permission or the written permission of such third-party owner.
9. USER COMMUNICATIONS
(a) You alone are responsible for any information, data, graphics, text, communication, message, or other content that you post, upload, submit, transmit, or share with Hometap on the Site or by electronic mail, third party websites, or otherwise, including without limitation any data, images, questions, comments, ideas, concepts, know-how, techniques, suggestions, or the like (collectively ‘User Communications’). You represent that you are entitled to submit User Communications to the Site and have all relevant licenses and consents from any relevant third parties, and that your transmission does not violate any law, rule, regulation, or order or infringe or misappropriate the rights of any third party.
(b) You represent that Hometap and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any User Communication for any purpose whatsoever, including without limitation developing and marketing products. You hereby grant to Hometap and our affiliates and designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the ideas, concepts, know-how, or techniques contained in any User Communication to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such ideas, concepts, know-how, or techniques in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation, or attribution. You shall comply with all applicable laws, rules, regulations, and orders in your use of the Site and your provision of information to us.
(c) We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. You acknowledge that we have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
(a) This Site may contain links to other websites that are not owned, operated or controlled by Hometap or its affiliates (each a ‘Third-Party Site’). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.
(b) If you intend to create any link from another website to any page on this Site, you must first obtain our permission by emailing us at: firstname.lastname@example.org. We may prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations, and orders and any applicable Hometap policies. Running or displaying the Site or any Content in frames or similar means on another website without our prior written permission is prohibited.
11. DISCLAIMER OF WARRANTIES
(a) You expressly agree that use of the site and content is at your sole risk. the site, content and any products available at the site are provided on an ‘as is’ and ‘as available’ basis. hometap expressly disclaims all warranties of any kind, express or implied, with respect to the site, content and any products, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. you acknowledge that hometap is not liable for the acts, omissions, or conduct of any third parties.
(b) Hometap makes no warranty that: the site, content, or products will meet your requirements. any use of the content or the site is at your sole discretion and risk; the site, content, or your use thereof will be uninterrupted, timely, secure, current, accurate, complete, or error free; or that the site, the server, any content, or any documents downloaded from the site will be free of infection from viruses, worms, or other code that has contaminating or destructive properties. you understand and agree that any content downloaded or otherwise obtained through the use of the site is at your own discretion and risk.
(c) You assume total responsibility for your use of the site, content, and any linked sites. your sole remedy against hometap for any grievances relating to the site, content, or any documents downloaded from the site is to stop using the site or any such content or documents.
(d) The warranty disclaimers set forth in this section 11 do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions.
12. LIMITATIONS OF LIABILITY
(a) Except as expressly provided in this section 12, in no event will hometap be liable for any damages, direct or indirect, including, without limitation, consequential, special, incidental, or punitive damages (and damages from lost profits, interruption of business, lost data), whether foreseeable or not, which may arise out of your access to, inability to access, or your use of the site or content or resulting from any products or transactions entered into through the site or resulting from unauthorized access to or alteration of your transmissions or data.
(b) In no event will hometap be liable for any damages of any kind arising from the use of this site or the services provided by hometap by third party financial institutions. hometap will not be liable for any charges issued against you by a bank or credit card.
(c) Notwithstanding anything herein to the contrary, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to fifty dollars ($50.00).
(d) The limitations of liability set forth in this section 12 do not apply to the extent prohibited by law. please refer to your local laws for any such prohibitions.
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of Hometap, its affiliates, officers, directors, and employees, from and against all losses (including reasonable attorneys’ fees), liabilities, claims, and causes of action, arising out of or related to your use of this site or any content, any information submitted by you or from your account, the violation or attempted violation of these terms by you, or the infringement by you or any other user using your account, fo any intellectual property or other right of any person or entity. if you are obligated to indemnify us hereunder, we may control the defense and disposition of any such claims at your sole cost and expense. without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third-party claim without our consent.
Without limiting any other provision of these Terms, these Terms create no agency, partnership, joint venture, or employee-employer relationship between you and Hometap.
You agree that when you communicate with us by visiting the Site or sending emails, you consent to receive electronic communications, including emails, to the extent permitted by law. You consent to our monitoring and recording of any communications between you and us, including by phone, for our internal business purposes, and that such recording may be done without further notice to you or anyone acting on your behalf.
16. GOVERNING LAW; DISPUTES; ARBITRATION; CLASS ACTION WAIVER
(a) We provide our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations. These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions.
(b) Any controversy or claim arising out of or relating to these Terms, your use of the Site or your purchase of any products from the Site shall be settled by arbitration administered by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. However, if you do not wish to have all such controversies or claims settled by arbitration in such manner, you may opt-out of this requirement by emailing us at email@example.com within ten (10) days of the earlier of (i) seeking a prequalification or (ii) creating an account on the Site.
(c) By agreeing to arbitration, you understand and agree you are waiving your rights to assert claims via other dispute resolution processes, including a court action. Payment of filing, administration and arbitrator fees will be governed by the AAA rules, provided that we will reimburse you for any such filing, administration and arbitrator fees if your claim is for less than $10,000 unless the arbitrator determines such claims to be frivolous. Further, we will not seek attorney’s fees or costs in the arbitration unless the arbitrator determines your claims to be frivolous. Unless the arbitrator requires otherwise, you may elect to conduct the arbitration by telephone, based on written submissions or in person in the state in which you reside or a mutually agreed location. All dispute resolution proceedings will be conducted on an individual basis and not in a class action or similar consolidated action. If, for any reason, a claim proceeds in court, rather than in arbitration, you and Hometap each waive any right to a jury trial. Notwithstanding any other provision in these Terms, Hometap may commence suit in court to enjoin infringement or misappropriation of intellectual property rights or confidential information.
(d) If you believe that a controversy or claim exists that arises out of or relates to these Terms, your use of the Site, or your purchase of any products from the Site, you agree to provide us with a notification via email to firstname.lastname@example.org, briefly summarizing the claim or controversy and your request for relief, before instituting any other formal legal action against us.
(e) You agree that you are waiving the right to trial by jury or to participate in a class action and that you may bring claims against hometap only in your individual capacity, and not as a plaintiff or class member in any purported class action or similar consolidated action.
17. USE OF THE SITE OUTSIDE OF THE UNITED STATES
You understand and acknowledge that Hometap controls and operates this website from within the United States of America. This website provides information regarding services and products that are made available in the United States only. We make no representation that the services or products about which information may be provided on the Site will be available (i) anywhere outside of the United States or (ii) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all laws, regulations, and rules applicable to your access to and use of this website.
(a) In the event that any provision of these Terms conflicts with applicable law, rule, regulation, or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms will remain in full force and effect. Any failure by Hometap to insist upon or enforce strict performance of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment of Hometap’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.
(b) These Terms and any Additional Terms (as such terms shall be identified when posted on the Site), along with any other agreements entered into by you with us, constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings, including any oral communications.
You can contact us at the address listed.
19. CONTACT US
We welcome your comments and questions. Please contact us at:
Hometap Equity Partners, LLC
800 Boylston St, 16th Floor
Boston, MA 02199
Local: (617) 399-0606
Toll-Free: (866) 890-3313
Copyright 2018 Hometap Equity Partners, LLC. All rights reserved.
Last Updated: March 2018