Terms of Use (TOU)

Last Revised On: March 17th, 2016

Please read these terms and conditions carefully

Thank you for using MyHomeZen.com (the “Website”). These Terms of Use are provided on behalf of HomeZen Inc., (the “Company”).

Please carefully review the Terms of Use and our Privacy Policy and our Security Policy regarding the information that you provide to us and your use of this Website. Unless otherwise indicated, any future release, update, or other addition to functionality of the Website shall be subject to these Terms. The Privacy Policy and Security Policy are hereby incorporated herein by reference.

License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Website solely for your own personal, noncommercial use and for the purposes set out by the Company. The rights granted to you in these Terms are subject to various restrictions, including the following:

  • you shall not license, sell, rent or otherwise commercially exploit your rights to use the Website, whether in whole or in part, or any content displayed on it;

  • you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website;

  • you shall not access the Website in order to build a similar or competitive website, product, or service;

  • except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means

  • you shall not:

    • upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
    • send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
    • use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
    • interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
    • attempt to gain unauthorized access to the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means;
    • harass or interfere with any other user’s use and enjoyment of the Website; or
    • use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

Unauthorized use of this Website, including but not limited to unauthorized entry into the Company systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.

You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.

You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with any party, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.

All rights, title and interest in and to this Website, consisting of all logos, graphics, sounds and images (the “Materials”) are the property of the Company. Except as otherwise expressly provided by the Company, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on the Website shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise other than the use rights expressly granted in these Terms. Any intellectual property rights associated with this Website which are not expressly granted to you by these Terms are hereby reserved to the Company.

You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Website.

This license shall automatically terminate if you violate any of the restrictions set out in these Terms.

User Representations

By providing information to, communicating with, and/or placing material on the Websites, you represent and warrant: (i) you own or otherwise have all necessary rights to information you provide when using the Website; (ii) all information you provide is true, accurate, current and complete, and does not violate these Terms; (iii) the content will not cause injury to any person or entity; and (iv) if you are using the Website to facilitate a transaction with a property, that you are the sole owner of the property and have all necessary rights, title, and interest in such property to sell the property. Using a name other than your own legal name is prohibited.

You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any information or content that you post or store on or in connection with your use of the Website, subject to our Privacy Policy then in effect.

You understand that deleted content or information may continue to exist on our services or in backup copies that we maintain for our own use.

Content and information that you share will be available to other users of our Website. You understand that such third parties may access, use, store and transfer such content and information and to associate it with you.

We may not remove any content or information that you share on the Website for any reason.

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being facilitated by the Website.

Home Sales Agreements

You may be presented with the opportunity to use contracts and disclosures through the Website. When filling out information, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current, or incomplete, the Company reserves the right to decline to provide current and future use of the Website.

No Attorney Client Relationship; No Loan Application or Processing Services

The Company provides the Website to give you a general understanding of selling a home and to provide an automated software solution to individuals who choose to prepare their own home sales agreements. The Company does not review your information for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options or apply the law to the facts of your particular situation. The Company is not a law firm and does not and will not perform services performed by an attorney. The Company provides forms and templates that are not a substitute for the advice of an attorney.

The Website will not afford users the ability to apply for, or receive approval to obtain, a mortgage or any other loan. The Company provides no financial services or financial advice.

Updates

The Company strives to keep its documents up-to-date. However, no general information or legal tool can fit every circumstance. Legal information contained on the Website is not legal advice and is not guaranteed to be complete. If you need legal advice for a specific problem, or if your specific problem cannot be addressed by our tools, you should consult a licensed attorney in your area. The Company may change the Terms of Use from time to time without notice to you. Any changes to these Terms will be effective for current users upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Website. These changes will be effective immediately for new users of the Website. Continued use of Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The Company reserves the right to temporarily or permanently modify or discontinue the Website, or any portion of the Website, for any reason, at its sole discretion, and without notice to you. Please review these Terms of Use from time to time.

Your Account

You may be required to create an Account to use the Website. When you create an account, you may be required to pick a username and password. You may not disclose your username and password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Use of Legal Forms

Our Website offers self-help fill in the blank forms. You understand that the purchase of a license to download and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to any particular needs you may have.

Resale of Forms Prohibited

By using or downloading any forms from our Website, you agree that forms used or downloaded may only be used by you for your personal use or use by you in connection with your transaction and may not be sold or redistributed without the express, prior written consent of the Company.

Links & Ads

The Website may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads and the Company in no way endorses or recommends reliance on or use of the products and services promoted on any such Third-Party Links & Ads and hereby disclaims any liability for, any information or products offered at such websites. Company provides access to these Third-Party Links & Ads only as a convenience to you. Such websites may have Terms of Use, Privacy Policies, or security practices that are different from those of the Company. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

Intellectual Property

The design and other aspects of the Website, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), trademarks, service marks, editorial content, notices, software (including html-based computer programs), and are the property of the Company and protected under the laws of the United States. Your right to use the Website is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or explain for any commercial purposes, the Website or use of or access to the Website or any information or technology obtained from the Website. Permission is granted to view this Website and to print individual pages from this Website for your own personal, non-commercial use. You may not remove or modify any copyright, trademark, or other proprietary notices or any disclosures. This limited, revocable, non-transferable privilege to use the Website does not constitute a transfer of any right, title or interest in the Website, any trademark, service mark, content (graphic or word-descriptive) displayed via the Website. You may not modify or copy any of the content displayed on the Website, use any content for any commercial purpose or for any public display (commercial or non-commercial.

Any information submitted to Website shall be deemed and remain the property of the Company, and it shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information you may provide through the Website.

Feedback

If you provide Company with any feedback or suggestions regarding the Website (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

Enforcement

The Company reserves the right to temporarily or permanently remove from view any user content and/or suspend or terminate a user’s access to and use of the Website, in the Company’s sole discretion, if the Company suspects violation of any of these Terms. The Company also reserves the right to report any suspicious activity to law enforcement authorities.

Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (i) your violation of these Terms, (iii) your violation of applicable laws or regulations or (iv) your user content. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers; Limitations of Liability

THE COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION PROVIDED HEREIN AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS IN SUCH INFORMATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION.

Calculators and tools on the Website provide you with estimates that may be different than actual amounts.

THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR INFORMATION PROVIDED HEREIN WILL BE COMPLETE OR ACCURATE OR UP-TO-DATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE OR DEFECTS IN THE WEBSITE, COMPLETE, LEGAL, SAFE OR SECURE FROM UNAUTHORIZED ACCESS TO THIS WEBSITE OR ANY CONTENT UPLOADED TO THE WEBSITE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE TO ANY USER OF THE WEBSITE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE. THE COMPANY WILL NOT BE LIABLE TO ANY USER OF THE WEBSITE FOR DIRECT DAMAGES IN EXCESS OF FIFTY DOLLARS ($50.00) IN TOTAL OVER THE TERM OF THE USER’S USE OF THE WEBSITE, ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE.

Applicable Law

These Terms of Use shall be governed in all respects by the substantive laws of the Commonwealth of Virginia, without regard to its provisions related to conflict of laws. For the purposes of enforcement of any arbitration award made in accordance with the terms, below, you and the Company agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Fairfax County, Virginia. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or relating to the use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. By use of the Website, you agree, to the maximum extent permitted under law, to opt-out from the application to these Terms of Use of the provisions of the Uniform Computer Information and Transactions Acts as adopted by the Commonwealth of Virginia, should it be deemed by a court of competent jurisdiction to apply.

Dispute Resolution

All claims and disputes arising out of or related to the Terms of Use or your use of any product or service provided by the Company shall be resolved by binding arbitration on an individual basis. Before either party may seek arbitration, the aggrieved party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to 1875 Connecticut Avenue, NW, Floor 10, Washington, DC 20009 and a Notice to you shall be sent to the email address you have most recently maintained in your account with the Company. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. Arbitration shall be conducted by and under the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted by a single, neutral arbitrator at a location in the Washington, DC metropolitan area. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim and award monetary damages. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website (including your Account) at any time for any reason at our sole discretion, including for any use of the Website in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Website will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, provisions of these Terms will remain in effect to the extent necessary or convenient for the Company to protect its rights and remedies hereunder.

Use of Communication System

You agree to use the communications system only to contact buyers and sellers for the purposes of asking questions related to the purchase, potential purchase, sale or potential sale of a home on the Website. In no event may you contact any use of this Website using our communications system for purposes of soliciting other goods or services or a commercial relationship of any kind.

Consent to Send You Email

From time to time, we may send you email announcements or correspondence on new features, products and services offered by us, selected advertisers, affiliates, and related companies. By creating an account, you expressly consent and opt in to receiving commercial emails from the Company, its affiliates, and third party advertisers.

Electronic Communications and Binding Signatures

The communications between you and Company use electronic means, whether you use the Website or send us emails, or whether Company posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. Any document that requires a signature to be binding between you and the Company may be executed in counterparts, and may be executed by way of facsimile or by an electronic signature device recognized under law, and if so, shall be considered validly executed by the party to whom the signature is attributed.

General

These Terms constitute the entire agreement between you and us regarding the use of the Website. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms do not create an agency, joint venture or partnership between the user and the Company.

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things: hardware or software failure of this Website or on the Internet; overload of system capacities, damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption (whether partial or total) of power supplies or other utility of service, strike or other stoppage (whether partial or total) of labor, governmental or regulatory restrictions, exchange rulings, judicial orders or otherwise.

Contact us

Please direct all questions or comments about these Terms of Use to hello@myhomezen.com