Effective Date: July 23, 2019.
Last Revised: July 23, 2019.
Please read these Terms carefully before continuing on with your use of the Portal. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS PORTAL. By accessing and using the Portal, you hereby acknowledge that you have read, understand and agree to be bound by these Terms. These Terms set forth the entire understanding and agreement between you and Home Partners with respect to the Portal. As a condition to your use of this Portal, you warrant to Home Partners that you will not use the portal or the Portal Content for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Portal and the Portal Content shall immediately terminate without the necessity of any notice. Home Partners retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
2. Permitted Users of the Portal
The Portal is provided strictly for use by licensed real estate professionals that intend to promote the Home PartnersLease Purchase Program and other such programs which Home Partners may add from time to time(the "Program"). Access by others is not permitted. Any use of the Portal or its content ("Portal Content") in any way not expressly permitted by these Terms is prohibited, and may be actionable under applicable law or may cause you to be disqualified from doing further business with Home Partners.
ConfidentialityYou hereby agree (a) to keep all proprietary information of Home Partners, its affiliates, and of all residents and prospective residents, including, without limitation, all information provided to you regarding leads, applicants or prospective residents of the Program or to which you have access(collectively, "Proprietary Information") confidential, (b) not to use any Proprietary Information for any purpose other than in connection with your participation in our Program, and (c) not to disclose any Proprietary Information to any third parties, except as otherwise permitted herein.
You agree that to the extent that you have access to information which can be used to distinguish or trace the identity of a lead, applicant or prospective resident (alone or when combined with other personal or identifying information which is linked or linkable to a specific individual as set forth in NIST - Special Publication 800-122, Guide to Protecting the Confidentiality of Personally Identifiable Information (PII), as amended thereafter) including, but not limited to, the name, phone number, address, credit card information, social security number, and/or account or financial information with or without a password (collectively, "PII"), you acknowledge and agree that such information is highly confidential and private in nature and you agree to hold such information in confidence, and protect such information in accordance with applicable law. To the extent that you obtain PII from Home Partners, except as may be required by applicable law, you shall not use or disclose such PII without the prior written consent of Home Partners.
You hereby agree to adhere to the Standards of Practice and all other terms and conditions set forth in the National Association of Realtors Code of Ethics & Arbitration Manual irrespective of your membership therein. See https://www.nar.realtor/code-of-ethics-and-arbitration-manual.
5. Marketing Materials and Promotion of the Program
In no event shall you (a) make any false or misleading statements or omissions in any marketing, advertising or promotional materials relating in any way to Home Partners or purporting to describe the Program; (b) make any statement or take any action suggesting that you have a relationship with Home Partners other than as an unaffiliated broker; (c) state that you are a "partner" of, or "authorized" by, Home Partners; or (d) make any unfounded promises, such as "guarantee" that a consumer will qualify for the Program or specify terms on which a consumer may purchase a home within the Program. You may use any or all of the preprinted marketing materials available in the Portal to market and promote the Program and for no other purpose. Any and all Portal marketing materials must be used exactly as written; editing and revision are strictly prohibited. The creation of personalized marketing materials is permitted provided that any use or reference to Home Partners, its affiliates, the Program or any trademark or logo thereof in any respect whatsoever must strict comply with the terms, conditions and specifications prescribed by the Agent Style Guide on the Portal. All of your marketing, advertising and promotional materials shall at all times comply with all laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities having jurisdiction over such materials, you or the Program.
6. Other Rules Governing Agent Activities
You may not provide any type of compensation or monetary incentive to a prospective resident for participation in the Program including, without limitation, a rebate, gift, reimbursement or payment of the application fee, security deposit, rent or any other form of remuneration. You may not ask or require a prospective resident to provide any type of compensation in cash or in-kind as a condition to their participation in the Program. Further, Home Partners believes it is essential that you develop a strong working relationship and maintain a direct relationship with each prospective resident from the point of application through the entire property submission process. You must personally show each prospective resident the target property prior to submitting the home for Home Partners consideration. You may not delegate showing activity to another agent or administrative support assistant for any reason, nor use any electronic means such as FaceTime, Skype or Messenger to show a prospective resident a property.
7. Use the UTM Link
You may only send or use the Home Partners UTM Referral Link for leads with whom you have made direct contact. You agree not to post the Home Partners UTM Referral Link on any public website, including your website (if any) or advertising medium, print or otherwise (e.g., Craig’s List, classified ads, circulars, mailers).
8. Account Password and Security
The Portal contains features that require your registration of a username and password ("Account"). You agree to provide accurate and truthful information in creating and maintaining an Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password. You agree (a) to log out of the Account at the end of each session; (b) to keep the password confidential and not share it with anyone else; and (c) to notify Home Partners immediately of any unauthorized use of your password or other breach of your Account. You are solely responsible for your Account. Home Partners is hereby authorized to act on instructions received through your Account, and shall have no responsibility for any loss or damage arising from your failure to comply with this Section.
9. Broker's Indemnity of Home Partners
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Home Partners, its past, present and future affiliates and their respective officers, directors, shareholders, employees, agents, contractors and representatives, from and against any and all claims, damages, investigations, liabilities, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees) (collectively a “Claim”), that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Portal or Portal Content; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (d) any misrepresentation made by you. You will cooperate as fully required by Home Partners in the defense of any Claim. Home Partners reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any Claim without the prior written consent of a duly authorized employee of Home Partners.
10. Additional Disclaimers
ALL PORTAL CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION. YOUR USE OF THE PORTAL AND THE PORTAL CONTENT SHALL BE AT YOUR SOLE RISK.
11. Prohibited Use of Data
The use of online tools, including software or automated scripts such as bots to extract data from the Agent Portal, homepartners.com or any of our other online properties, as well as the disclosure of any such extracted data, for commercial purposes ('screen scraping') is strictly prohibited unless you have a signed agreement with Home Partners to share data.
Home Partners reserves the right to terminate your access to and use of the Portal or any of its features in its sole discretion, without notice and liability, including, without limitation, if Home Partners believes your conduct fails to conform to these Terms. Home Partners also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities or to the applicable local, regional or national board of realtors.
Home Partners also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Portal Content, in whole or in part, including the cessation of all activities associated with the Portal, with or without notice. You agree that Home Partners will not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal or any part thereof. Home Partners also reserves the right to charge for use of the Portal, in whole or in part, and to change its fees from time to time in its discretion.
Home Partners reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Portal after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. You can determine when the then-current Terms were last revised by referring to the "Last Revised" legend at the top of this page. Each time you access the Portal, you signify your acceptance of the then-current Terms.
I have read, understand and agree to be bound by these Terms. Any breach of the rules thereof may, in Home Partners' sole discretion, result in the termination of your right to participate in the Program and may lead to further legal action.