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.
e. TCPA Consent & Privacy. Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by Home Bay, our agents, representatives, affiliates, or anyone calling on Home Bay's behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree Home Bay may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Home Bay, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to Home Bay, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions in connection with the Services related to your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.
f. Other Service Providers. Certain 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/.
4.The Role of HomeBay. Home Bay Technologis 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. Such real estate services may be provided by one of HomeBay's licensed, brokerage subsidiaries, if you enter into a binding legal agreement with them to provide said services.
5. 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.
6. 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: Home Bay Technologies, Inc., 223 E De La Guerra St, Santa Barbara, CA 93101, Attention: Copyright Agent. By e-mail: email@example.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.
7. 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.
12. 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 September 2018