USER MUST AGREE TO THESE TERMS BEFORE USING THE WEBSITE HAVING THE DOMAIN NAME OF WWW.HOMEGENIUS.COM OR CREATING ANY ACCOUNT FOR SERVICES ACCESSED THROUGH THE WEBSITE. BY USING THE WEBSITE OR CREATING ANY ACCOUNT, THE USER AGREES TO BE BOUND BY THESE TERMS, AND BE LIABLE TO HOMEGENIUS FOR ANY NONCOMPLIANCE WITH THESE TERMS. IF THE USER DOES NOT AGREE TO THESE TERMS, USER MAY NOT USE THE WEBSITE AND SHOULD NOT CREATE ANY ACCOUNT.
Upon User accessing the website, these Terms will become valid, binding and enforceable with respect to User in accordance with these terms. User represents to homegenius Inc. that the performance of User’s obligations under these Terms will not constitute a default, or an event which with the passage of time, the giving of notice, or both, would constitute a default, under any other agreement by which User is bound.
IMPORTANT - READ CAREFULLY: Upon accessing the website, these Terms create a binding legal contract between User and homegenius Inc.
Acceptance of Terms Through Use
This is a valid and enforceable Contract. By using this Website and its content, including information, reports, images, products and data, you agree to be bound by all or any portion of the terms and conditions of this agreement, including without limitation the restrictions on the scope of use of the Services and Products and all underlying data, compilations and information contained thereon and/or provided to you. Further, you acknowledge that you are 13 years of age or older, and, if under the age of 18, are using the site under the active supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not permitted to use the site or submit personal information to the site.
You may not attempt to override, bypass, disable or circumvent any of these security measures. By registering you agree to provide true, accurate, current and complete information about yourself as prompted by the registration form, and maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your access and refuse any and all current or future use of the site and Services (or any portion thereof). By permitting your registration, homegenius does not in any way promise, warrant or guarantee that you will qualify for any Services homegenius offers and information on the site may contain offers for Services that are not announced or available in your state, country or region of the world. Consult your local business contact for information regarding the Services, which may be available to you. homegenius does not in any way imply that the materials on the site or the Services homegenius identifies or offers are available for use outside the United States or in jurisdictions within the United States in which we are not licensed to do business, or that we are soliciting business in any such jurisdiction.
When you select a password and register with the site, you agree to the following conditions:
Blocking IP Addresses
You understand that in order to protect the integrity of the Services, homegenius reserves the right at any time in its sole discretion to block certain IP addresses from accessing the homegenius Site or Services.
Links to other Websites and Related Disclaimers
You agree and acknowledge that the Website may contain links to or be linked from other websites and resources located on servers maintained by third parties over which homegenius has no control ("Linked Websites"). The Linked Websites are provided for your convenience and information only and, as such, you access them at your own risk. You agree and acknowledge that homegenius is not responsible for, and does not endorse or warrant, the content of or anything that may be delivered to you or your computer as a result of accessing any Linked Websites, whether or not homegenius is affiliated with the owners of such Linked Websites. Without limiting the generality of the foregoing, you hereby waive any claims related to, and agree that homegenius is not responsible and shall have no liability for your access of any information on or us of the Linked Websites, including but not limited to, any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website. You agree that homegenius will not be responsible or liable for loss or damage that might be incurred by you or your employer as a result of a transaction you enter into through any other website .
Potential Disruption of Service
The materials, information, Products, and Services included in or available through the Website, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the Website are provided "as is" and "as available." homegenius disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither homegenius nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Website content. homegenius disclaims any representation or warranty that the Website itself or any product or service offered through the Website will be available at any particular time or from any particular location or that any defects or errors will be corrected. The Website may include inaccuracies or typographical errors. Your use of the Website is solely at your risk.
Limitation of Liability
No Unlawful or Prohibited Use
You agree that you will not use or attempt to use the homegenius Site for any purpose that is prohibited by these terms, conditions, and notices or not permitted by law. You agree that you will only use the homegenius Site for the purposes expressly intended by homegenius (“Permitted Use”) and will not obtain or attempt to obtain any information that was not intended to be provided through the homegenius Site. Also, you agree that you will not use or attempt to use the homegenius Site in any manner that could damage, disable, overburden, or impair the homegenius Site or interfere with any other party’s use and enjoyment of the homegenius Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the homegenius Site. You shall not, nor make any attempt to, alter, modify, improve, reverse engineer, disassemble or decompile the homegenius site, any systems found on the homegenius Site, the Services or any information obtained through the use of the homegenius Site.
Indemnification of homegenius
homegenius Inc., its affiliates and subsidiaries, reserve the right to remove, in its sole discretion, any user materials on the Website. We are under no obligation to, and do not, scan content posted for any violations of third-party rights; however, we respect the copyright interests of others and it is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you are a copyright owner or an agent thereof and believe that anything on the Website or in the services infringes upon your copyrights, you may submit a notification of infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing homegenius' Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our website (please include URLs to help us identify the material); (iv) your address, telephone number, and email address; (v) a written 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 (vi) a 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. homegenius' designated Copyright Agent to receive notifications of claimed infringement is:
Schnader Harrison Segal & Lewis LLP
W. Drew Kastner, Esquire
1600 Market Street, Suite 3600
Philadelphia, PA 19103
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying homegenius and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with homegenius' rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
homegeniusTM is a trademark of Radian Group Inc. (“Radian”) and may not be used in connection with any product or service that is not provided by or sponsored by Radian, its affiliates and/or subsidiaries.
homegenius Proprietary and Other Notices
Severability and Integration
By providing a User Submission to homegenius, you grant homegenius, at no charge, a royalty free, perpetual, irrevocable, non-exclusive, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, and publicly display, the User Submission in any media; and make, sell, offer for sale, import, and otherwise transfer your Submission, subject to no confidentiality obligations regarding the User Submissions. You acknowledge that you are responsible for the User Submissions that you provide, and that you, not homegenius, have full responsibility for the User Submissions, including their legality, reliability, appropriateness, originality, and copyright.
Governing Law; Submission to Jurisdiction
The parties expressly agree to conduct this transaction electronically pursuant to the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 and the Uniform electronic Transactions Act, Utah Code Ann. §§46-4-101 to 46-4-502.
Modification of Terms
homegenius reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date. Your continued use of the site and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the site and Services immediately.
1Subsidiaries offering Services and Products may include, but are not necessarily limited to, homegenius Real Estate LLC, Homegenius Real Estate of Florida LLC, Radian Valuation Services LLC, Radian Real Estate Management LLC, Radian Settlement Services Inc. and Radian Title Insurance Inc.