Terms of Use

Welcome to HomeBay, provided by HomeBay, Inc. ("HomeBay"). By using HomeBay's Web sites (defined to include all properties (mobile, Web or otherwise) owned and operated by HomeBay), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use"). HomeBay complaints or questions regarding these Terms of Use may be sent to info@homebay.com. HomeBay reviews questions regularly.

1. Permissible Use. Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by HomeBay through the Services in making any loan-related decisions. The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services.

2. Restrictions and Additional Terms. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

a. Acceptable Use. You agree not to use the Services in any way that is unlawful, or harms HomeBay, its service providers, suppliers or any other user. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services.

b. Automated Queries. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from HomeBay. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.

c. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, located at http://www.google.com/intl/en_us/help/terms_maps.html.

d. Calls. If you, as a consumer, choose to contact a real estate agent or homeowner through the Services by completing a contact request or other request form on HomeBay, you authorize HomeBay to provide your name and contact information and other identifying information you provide to that real estate agent, homeowner and any associated vendors. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent or homeowner, you authorize HomeBay to provide your name and contact information and other identifying information you provide to the participating Lender or associated vendors.  You acknowledge that, by submitting your contact request or other request form on HomeBay or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent, Lender or other vendors at the telephone number(s) you provide. The Services may provide phone numbers that can connect you with HomeBay, its service providers, or other third parties, such as real estate agents, mortgage brokers, escrow and title companies. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to HomeBay or through a Calling Service, you consent to such recording and monitoring. HomeBay will treat recorded calls in accordance with its Privacy Policy.

e. Other Service Providers. Right Signature’s e-signature software and functionality is supplied by Right Signature LLC, and use is subject to the Right Siganture Terms of Use, located at https://rightsignature.com/termsCertain registration functionality is provided by JanRain, Inc., and use is subject to JanRain’s Basic Terms of Service, located at http://janrain.com/basic-terms-service/.

 

3. Materials You Provide; Account Use; Privacy; Third Party Web Sites. For materials you post or otherwise provide to HomeBay in connection with the Services (your "Submission"), you grant HomeBay an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. HomeBay will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. HomeBay may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant HomeBay the rights in this paragraph and that the Submission complies with Section 2(a) above. You are solely responsible for all Submissions made through your HomeBay user account or that you otherwise make available through the Services.  You may not share your HomeBay user account with others. You are responsible for all actions taken via your account. HomeBay will treat your use of the Services in accordance with its Privacy Policy. Certain HomeBay functionalities may involve the distribution of your Submission to third party Web sites over which HomeBay has no control. HomeBay is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

4. Advertising. HomeBay's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, HomeBay may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

5.The Role of HomeBay. HomeBay, Inc. is not a licensed real estate broker. HomeBay does not act as a real estate agent for you or any other user. HomeBay does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, HomeBay does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

6. Mortgage Information Services and Other Real Estate Related Services.

a. Mortgages and Other Services. HomeBay allows consumers to provide anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the "Lenders") to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized quotes of the terms they would offer to a borrower fitting the consumer's anonymous profile, as well as their contact information. These non-binding quotes are not intended to be Good Faith Estimates as defined in the Real Estate Settlement Procedures Act. HomeBay also allows consumers to request that Lenders pre-approve them for home loans. When consumers submit the required information and request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a guarantee of specific rates or terms. If you, as a consumer, choose to contact a Lender through HomeBay by completing a contact request or other request form on HomeBay, you authorize HomeBay to provide your name and contact information and other identifying information you provide to the Lender you choose, along with your quote or pre-approval request.  You acknowledge that, by submitting your contact request or other request form on HomeBay, you may receive telemarketing calls from or on behalf of the Lender you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous. Any loan or other business conducted is between you and the Lender.

b. The Role of HomeBay; Disclaimer. HomeBay is not a Lender, mortgage broker, loan originator, loan processor, or  underwriter. HomeBay does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. HomeBay does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. HomeBay does not endorse or recommend the products of any particular Lender. Nothing contained in the Services is an offer to lend or a commitment for a loan, and HomeBay does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. HomeBay is not an agent of either any consumer or any Lender. HomeBay is only providing an administrative service to consumers and participating Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not HomeBay. HomeBay assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary.

c. Participating Lenders. The Lenders participating on HomeBay are solely responsible for their services to consumers. HomeBay shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers' use of the HomeBay Web site or the services offered by Lenders. HomeBay is not responsible for any errors or delays caused by consumers or any Lenders in the loan process. HomeBay reserves the right, at any time and in its sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from HomeBay.

d. Privacy. HomeBay will not provide personally identifying information about consumers to any Lender without the consumer's consent. However, HomeBay may use such information to improve the relevance of advertising shown to consumers. Please consult the Privacy Policy for more information.

7.  Linked Materials and Third-Party Materials. The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. HomeBay does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that HomeBay has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and HomeBay takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

8. Claims of Copyright Infringement. HomeBay respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify HomeBay's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information: (a) Identification of the copyrighted work that you claim has been infringed; (b) Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; (c) Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and (d) A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.  Notices of copyright infringement claims should be sent as follows: By mail: HomeBay, Inc., 1 N Calle Cesar Chavez, Santa Barbara, CA 93103, Attention: Copyright Agent.  By e-mail: info@homebay.com.  If you give notice of copyright infringement by text e-mail, HomeBay's copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

9. NO WARRANTY. HOMEBAY PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOMEBAY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOMEBAY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

10. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL HOMEBAY OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HomeBay OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

11. Changes; Discontinuance. HomeBay reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to HomeBay's Web sites. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. HomeBay may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

12. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Mateo County, California for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

13. Indemnification. You agree to defend and hold HomeBay, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your HomeBay user account or that you otherwise make available through the Services.

14. Release. You release HomeBay, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

15. General. You agree not to export from anywhere any part of the Services provided to you or any direct product thereof except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. All Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. HomeBay may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. HomeBay's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and HomeBay with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and HomeBay with respect to the Services. The following sections of these Terms of Use shall survive any termination of these Terms of Use: 3, 9, 10, 12 through 15.

— Updated 2017