HomeView Terms and Conditions
Last updated: June 10, 2021
These are the Terms and Conditions governing the use of the Services (defined below) and the agreement that operates between you and CooperNewman Corporation, a corporation doing business as HomeView and referred to as the “Company” or “we” (and related pronouns). The term “you” (and related pronouns) refers to you as a user of the Company’s content, material, products and/or services available on or through the Company’s website (Homeviewreports.com) (the “Services”). These Terms and Conditions form the entire agreement between you and the Company regarding your use of the Services.
Please read these terms and conditions carefully before using our Services.
Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms and Conditions. By accessing or using the Services, you indicate that you have read and understand and agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, then you may not access the Services. By accessing or using the Services, you represent that you are over the age of 18. The Company does not permit those under 18 to use the Services.
Use of the Services and Content
As long as you comply with these Terms and Conditions, we grant you a non-exclusive, limited, revocable, personal, non-assignable, non-transferable license to use the Services and to download any App (defined below) on your mobile device in object form only, for your personal use. Except as expressly stated herein, these Terms and Conditions do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise. Subject to the restrictions set forth in these Terms and Conditions, you may copy information from the Services only as necessary for your personal use.
To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms and Conditions will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms and Conditions do not apply to your use of software obtained from a third-party source under an open source license.
Placing Orders for Products or Services
By placing an order for products or services through the Services, you warrant that you are legally capable of entering into binding contracts.
If you wish to place an order for products or services available on the Services, you may be asked to supply certain information relevant to your order including, without limitation, your name, your email, your address, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any order; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your order.
Seller Terms and Conditions
By engaging the Company through the Services to arrange for a home inspection, you agree to be bound by the Seller Terms and Conditions accessible at [●]. Please read these Seller Terms and Conditions carefully before using our Services to arrange for a home inspection.
We reserve the right to refuse or cancel your order at any time, including but not limited to a refusal or cancelation due to suspected fraud or an unauthorized or illegal transaction. You cannot cancel any products or services that you purchase through the Services.
You cannot return any products or services you purchase; provided, in the event of a significant problem with a home inspection ordered through the Services, you can request that we arrange for a replacement inspection, which such request shall be granted in our sole discretion.
Availability, Errors and Inaccuracies
We may update our offerings of products and services from time to time. The products and services available on our Services may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our products and services on the Services and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information provided through the Services, including home inspection reports, prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an order.
All products and services purchased through the Services are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.
Your Right to Post User Content
Our Services may allow you to post content on our website (“User Content”), regardless of the form of that content User Content. You are responsible for the User Content that you post to the Services, including its legality, reliability, and appropriateness.
By posting User Content to the Services, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Services. You retain any and all of your rights to any User Content you submit, post or display on or through the Services and you are responsible for protecting those rights. You agree that this license includes the right for us to make your User Content available to other users of the Services, who may also use your User Content subject to these Terms and Conditions.
You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms and Conditions, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
User Content Restrictions
The Company is not responsible for the User Content of the users of the Services. You expressly understand and agree that you are solely responsible for the User Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
- content that is unlawful or promotes unlawful activity;
- content that is defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other groups;
- content constituting Spam or other unsolicited messages, chain letters, pyramid schemes or similar communications;
- content related to any form of lottery or gambling;
- content containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
- content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
- content impersonating any person or entity including the Company and its employees or representatives;
- content violating the privacy of any third person; and
- content including false information and features.
The Company reserves the right to determine, in its sole discretion, whether or not any User Content is appropriate and complies with these Terms and Conditions and to refuse or remove User Content; provided that the Company shall have no obligation to review or remove any User Content. The Company further reserves the right to make formatting and other edits to and change the manner of presenting any User Content. The Company can also limit or revoke the use of the Services if you post objectionable User Content. As the Company cannot control all content posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the Company be liable in any way for any User Content, including any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of your use of any User Content.
User Content Backups
The Company does not guarantee that it will backup User Content or that there will be no loss or corruption of data. You acknowledge that the Company has no liability related to the integrity of User Content or the failure to backup User Content successfully restore User Content to a usable state. You agree to maintain a complete and accurate copy of any User Content in a location independent of the Services.
Additional Terms for Third-Party Services
Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
- Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal. Additionally, by using Stripe, You agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed at https://stripe.com/us/prohibited-businesses.
- ListHub. ListHub provides a controlled platform to enable brokers to deliver accurate, MLS-sourced listings to consumers. MLSs are in the business of managing broker listing data. ListHub is an important extension of that mission. MLSs can meet the needs of brokerages of all sizes, brands, and business models with minimal effort and expense.
You understand that the Services may include advertisements. In order to increase the likelihood that such advertisements are relevant and useful to you, the Company may serve advertisements based on information about you that we collect through the Services.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that User Content posted on the Services infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Services, you must submit your notice in writing to the attention of our copyright agent via email at Support@homeviewreports.com and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any User Content is infringing your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed;
- 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 (the URL/web page address) so the copyright agent can locate it;
- your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at Support@Homeviewreports.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged User Content from the Services.
The Services are owned and operated by the Company. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (the “Company Materials”) that we provide are protected by intellectual property and other laws and are the property of the Company and the Company’s third-party licensors. In particular property listing information is provided ListHub and may not be redistributed. Except as expressly allowed by these Terms and Conditions, you may not make use of the Company Materials and the Company reserves all rights to the Company Materials and Services not granted expressly in these Terms and Conditions. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. By using the Services, you agree 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.
Your Feedback to Us
You assign all rights, title and interest in any feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Services (“Feedback”) that you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the Services will cease immediately.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of the Company and under any provision of these Terms and Conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the Services or US$100 if you haven’t purchased anything through the Services.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of these Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
The Services are provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
The Services are not intended to provide you with any financial, real estate or related advice of any kind. The Company assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services or any other information available through or in connection with the Services, including any home inspection report.
The Company assumes no responsibility for any claims arising out of or related to your interaction with any home inspector that arises out of the Services, including any damages arising out of the actions or omissions of such home inspector or the content of any home inspection report generated by such home inspector. If you engage a home inspector through the Services, you will execute a separate agreement with the home inspector that outlines the relationship with the home inspector, including the scope of service provided and limitations on liability. The Company assumes no responsibility for the any content included in any multiple listing service (MLS) listing or any home inspection report accessible through the Services.
Without limiting the foregoing, neither the Company nor any of the Company’s service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and products and services included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, our servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify, defend, and hold harmless the Company, its affiliates and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms and Conditions; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Content you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to or use of the Services using your account. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with the Company’s defense of that claim.
The laws of the state of North Carolina, excluding its conflicts of law rules, shall govern these Terms and Conditions and your use of the Services. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in Iredell County, North Carolina for any and all disputes, claims and actions arising from or in connection with the Services or otherwise under these Terms and Conditions.
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.
United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. When we modify or replace them, we will make a copy of the revised Terms and Conditions available on our website at Homeviewreports.com. By continuing to access or use our Services after modified or new Terms and Conditions are posted on our website, you agree to be bound by the revised terms. If you do not agree to the revised terms, in whole or in part, you may not use the website and the Services.
If you have any questions about these Terms and Conditions, you can contact us:
By email: Support@homeviewreports.com
By visiting this page on our website: Homeviewreports.com
By phone number: 201.600.0257
By mail: 109 Grayfox Dr, Mooresville, NC 28117
Copyright 2021 CooperNewman Corporation. All rights reserved.