Terms & Conditions | homegenius

Terms and Conditions

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

homegenius Inc. and its subsidiaries1 and affiliates ("homegenius") make services and Products available on this Website subject to the following terms and conditions of use (the "Terms of Use"). These Terms of Use govern your use of the site, services accessed through the site (“Services”) and also apply to any updates, enhancements and new features and products.

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.

Registration

You do not have to register to view information available through the site and Services but only registered users can access certain features and Services which require registration and a password for access. Unauthorized use of, or access to, these restricted areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Access to restricted areas may be monitored, analyzed and recorded and any information obtained regarding actual or suspected unauthorized access may be given to law enforcement to investigate and prosecute. You may become a registered user of the Service by providing your name and email address and agreeing to the terms and conditions specific to that Service. homegenius will send an email to you at the address provided by you confirming that you have agreed to the Terms of Use. You must then reply to that email which will confirm that the email address is a valid email address, and that you received the Terms of Use confirmation. You will be permitted to access this Website only after you have verified that the email address provided by you is valid, and that you have received the Terms of Use confirmation. You must supply homegenius a user name and a password, the combination of which must be different from those of all other registrants, before you will be permitted to access the Services offered on the Website. The email address you provide to homegenius must be associated with only one other name and password and must be the email address provided to you by your employer. You acknowledge and agree that the Site and Services may include security measures that permit materials to be protected or that limit access to, or use of, certain components, areas or elements of the site and Services.

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.

 
Security of Username and Password

When you select a password and register with the site, you agree to the following conditions:

    • homegenius is authorized to act on instructions received under your password without any requirement to question those instructions;
    • homegenius is not liable for any unauthorized access to information you submit to the site, including without limitation your personal information, except to the extent caused by the gross negligence or willful misconduct of homegenius Inc.;
    • Your user ID and password contain sensitive information and you will keep it confidential and secret; and
    • homegenius may deny access or block any transaction made under your password without prior notice if we believe your password is being used by someone other than you, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason, but we are under no obligation to do so.

Privacy

  1. Information Collected and Its Use. You acknowledge and agree that homegenius may collect information about you, including personal information such as your name and email address, and other information that may be used to identify and authenticate you, as well as for other purposes.
  2. Cookies. You agree and acknowledge that the Website employs cookies. In general, a "cookie" is a small piece of text data stored on the viewer's computer by a website, to give the viewer's computer a unique identity while the website performs certain processes, such as filling an online member form, or calculating the number of unique visitors at a given time. Cookies may contain personal information, like email addresses, usernames, or passwords, or completely anonymous information, like a randomly generated number or string. They may be deleted once the viewer leaves a site, a section of a site, or closes the browser; or they may remain, so that the website remembers the viewer the next time the viewer visits that site. Most browsers allow the viewer to decline cookies automatically or to accept or decline each cookie individually. If you choose to decline cookies from the Website, however, you may not be able to use some sections of the Website or it may hinder the Website functions.
  3. Sharing Information. You acknowledge and agree that homegenius may share your personal information with others, including but not limited to, the providers of Third-Party Applications. homegenius may be forced to disclose information to the government or third parties under certain circumstances. homegenius cooperates with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud and other personal rights. homegenius can, and you hereby authorize homegenius to, disclose any information about you to law enforcement or other government offices as homegenius, in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement or other activity that is illegal or may expose homegenius or you to liability.

Please see our Privacy Policy for more information on how we collect and share your information.

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.

 
Intellectual Property Ownership
  1. You acknowledge and agree that the trademarks of homegenius Inc. (the "Marks"), the Website, the Services and Products, and the content and look and feel of the Website, to the extent protectable, are proprietary, original works of authorship of homegenius or licensors of homegenius, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. You further acknowledge and agree that all right, title and interest in and to the Marks, the Website, and the look and feel of the Website, including all content thereof, are and shall remain with homegenius or its licensors and are protected under United States and worldwide copyright law. You agree not to contest or infringe upon these rights, directly or indirectly, at any time. Without the prior written consent of homegenius, use of the Website for any purpose other than Permitted Use, violates the copyrights, trademarks or other intellectual property rights of homegenius or its licensors, and is prohibited. Except as expressly provided under these Terms of Use, you may not use on the Website, or on any other materials, the Marks, or any other trademarks or copyrighted materials appearing on the Website, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.
  2. You personally agree not to challenge homegenius' rights in and to the Website, or to take any action inconsistent with the provisions of this Section 7 of these Terms of Use. You agree to take all action and execute and deliver to homegenius all documents requested by homegenius in connection with any copyright application and registration by homegenius.
  3. Without limiting the generality of this Section 7, you personally acknowledge and agree that homegenius may license, or otherwise grant rights in or to intellectual property owned or licensed by homegenius to any third party for any lawful purpose reasonably deemed appropriate by homegenius.

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

Access to the Website may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreasonable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of homegenius. You agree that any modification of the Website, and any interruption or unavailability of access to the Website shall not constitute a default or any obligations of homegenius under these Terms of Use, and homegenius shall have no liability of any nature to you or your employer for any such modifications, interruptions, unavailability, or failure of access. homegenius has the right at any time to change or discontinue any aspect or feature of the Website, including, without limitation, the content, hours of availability, and equipment needed for access or use of the Website.

No Warranties

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

  1. You understand and agree that homegenius will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages resulting from or in any way connected to your access to, use, inability to use, or reliance on the Website or any Products or Services obtained through the Website. For those jurisdictions that either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements, this limitation shall be construed to permit the maximum exclusion or limitation permitted by applicable law.
  2. In no event will homegenius be liable to you or any third party for any decision made or action taken in reliance upon your use of any information contained in or provided through the Website. Any information, Services or Products obtained through the use of the Website, or any linked website, is at your own risk, and you will be solely responsible for any damage to you or your equipment,  loss of data, theft, destruction, unauthorized access to or alteration of personal records, the reliance upon or use of Products or Services appearing on the Website or a linked website, or other personal or commercial loss that results from the use of any such Products or Services on the Website or a linked website.

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

  1. You will not use the Products and Services for any unlawful purpose, or for any purpose not permitted by these Terms of Use. You agree to indemnify, defend and hold harmless homegenius and its affiliates and any of their officers, directors, employees, members, contractors, representatives, shareholders, attorneys and agents ("Indemnified Parties") from any liability, loss, claim, damage, injury, cost and expense (including reasonable attorneys' fees) due to or arising from (i) your use of or access to the Website, the Services and Products, including any data or content transmitted or received by you, or your inability to use the Website, the Services or the Products; (ii) any claim or damages that arise as a result of any of your User Content or any User content that is submitted via your account (iii) your violation of any of the terms of this Agreement, including without limitation your breach of any of the representations and warranties above, (iv) your violation of any rights of a third party, including without limitation any right of privacy or intellectual property rights; (v) any other party's access and use of the Website, the Services or Products with your unique username, password or other appropriate security code or (vii) your violation of any applicable laws, rules or regulations.
  2. You are solely responsible for defending any claim, subject to the Indemnified Party's right to participate with counsel it selects, and you will not agree to any settlement that imposes any obligation, liability or admission of guilt on the part of the Indemnified Parties without prior written consent of the respective party. If you violate any provision of this section of the Terms of Use, homegenius may terminate your access to the Website without notice. Your indemnity obligations to the Indemnified Parties shall survive the termination of your access to the Website and these Terms of Use.

Copyright Information

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
Email: dkastner@schnader.com
Tel: 215-751-2122
Fax: 215-751-2205
Mobile: 973-534-7151

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

You agree that you will not alter or remove any trademarks or copyright notices or other notices and disclaimers located or used on, or in connection with, the Website or any Products or Services licensed by you under these Terms of Use.

Dispute Resolution

 

  1. You agree that your use of this website constitutes a transaction in interstate commerce and that any claim or controversy arising out of or relating to the use of this Website or to any acts or omissions for which you may contend homegenius is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration Pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 Et seq. You intentionally and knowingly give up your right to go to court to assert or defend your rights. You also give up your right to participate in or bring class actions. Your rights will be determined by neutral arbitrators and not a judge or jury. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL BE CONSTRUED TO PREVENT HOMEGENIUS FROM BRINGING ACTION STATE OR FEDERAL COURTS WITH RESPECT TO ANY OF HOMEGENIUS' INTELLECTUAL PROPERTY RIGHTS, INCLUDING FOR INJUNCTIVE RELIEF.
  2. All arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration will be conducted in Salt Lake City, Utah. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, you will select an arbitrator from a panel of arbitrators acceptable to homegenius. In any arbitration, homegenius will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
  3. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrators will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under these Terms of Use with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
  4. Should a dispute arise and should the arbitration provisions become inapplicable or unenforceable, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys' fees.

Injunction

You acknowledge and agree that a breach or violation of these Terms of Use will result in immediate and irreparable injury and harm to homegenius and its licensors. In such event, homegenius shall have, in addition to any and all remedies of law and other consequences under these Terms of Use, the right to an injunction, specific performance or other equitable relief to prevent violation of your obligation under these Terms of Use without any obligation to post a bond or other security, and you expressly waive any obligation for the posting of any such bond or security; provided, however, that, this shall in no way limit any other remedies which homegenius may have, including, without limitation, the right to seek monetary damages.

Severability and Integration

Unless otherwise specified in these Terms of Use or the Website, these Terms of Use constitute the entire agreement between you and homegenius with respect to the Website and the Products and Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and homegenius with respect to the Website and the Products and Services. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect.

Submissions

Except as otherwise expressly provided herein or in the homegenius Privacy Policy posted on the site, any information, data, communication or material you transmit to the site, including without limitation any questions, comments, or suggestions (collectively, “User Submission”), is and will be treated as non-confidential and non-proprietary and may be used by homegenius and its contractors, service providers, advisers, employees, agents, directors, officers, or representatives (collectively, “Representatives”) for any purpose, including but not limited to reproduction, marketing, disclosure, transmission, publication, broadcast, and posting. Furthermore, homegenius and its Representatives are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose. To the extent you may have, by operation of law or otherwise, certain proprietary rights regarding a User Submission, you hereby grant to homegenius and its affiliates a non-exclusive, royalty-free, fully paid-up, irrevocable worldwide license (with right to sublicense) to such User Submission.

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

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You acknowledge that by using the Services provided under these Terms of Use, you have transacted business in the Commonwealth of Pennsylvania. By transacting business in the Commonwealth of Pennsylvania, you voluntarily submit and consent to, and waive any defense to the jurisdiction of courts located in Commonwealth of Pennsylvania, as to all matters relating to or arising from these Terms of Use.

Termination

  1. homegenius may at any time and without notice terminate and deny access to this website upon the occurrence of any of the following events: (1) you request in writing to homegenius that your access be terminated; or (2) you default under any material term or condition of these Terms of Use.
  2. homegenius may, in its sole discretion, at any time and for any or no reason, suspend or terminate all rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of these Terms of Use, then these Terms of Use and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by homegenius. Further, homegenius reserves the right to pursue any and all legal remedies that it may have against you following such termination.
  3. Upon termination of the rights granted to you in these Terms of Use, you agree to immediately destroy any printouts or copies in whatever form or medium of any materials, Products or Services that you have obtained from the Website in your possession or under your control, and all licenses granted and all services provided to you under these Terms of Use shall terminate, and you agree to terminate your access to and use of the Website. Upon termination, homegenius will terminate your access to the Website, and your password shall be disabled.

Non-Waiver

homegenius' failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that or any other right or provision.

Electronic Transaction

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.

Survival

The provisions of Sections 6 (Privacy), 7 (Intellectual Property Ownership), 10 (No Warranties), 11 (Limitation of liability), 12 (Indemnification of homegenius), 15 (Dispute Resolution) and 19 (Governing Law: Submission to Jurisdiction) of these Terms of Use shall survive the termination of these Terms of Use.

Assignment

homegenius may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Service.

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.

Please print or download a copy of these Terms of use for your records.

1Subsidiaries offering Services and Products may include, but are not necessarily limited to, homegenius Real Estate LLC, Radian Valuation Services LLC, Radian Real Estate Management LLC, Radian Settlement Services Inc. and Radian Title Insurance Inc.