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:
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.
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.
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: firstname.lastname@example.org. 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.
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."
— Updated 2017