HBU General Member and Member Agent Agreement
Last updated: October 18, 2018
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we encourage users to examine the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HBU WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Home Buyers Unite (HBU) is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from creating HBU accounts.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Fees and Costs
Basic membership is free. Basic members can access all educational and third-party resources including events, browse matches and send email messages to any basic member. An upgraded Verified Membership is available on a fee-basis and includes all of the free resources, national and local state background checks, and a member badge to indicate a fully certified membership. All fees are non-refundable, even if you cancel before the expiration of your Membership period.
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, text, graphics, items, or other materials (collectively, "User Content"). You understand that your User Content may be viewable by others and that you have the ability to control who can access such content by adjusting your privacy settings.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that HBU is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You agree to provide true, accurate, current, and complete information about yourself within your platform membership profile (such information being the "Membership Profile") and to maintain and promptly update the Membership Profile to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, HBU has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, and HBU has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You retain all ownership rights in your User Content. However, by submitting User Content to HBU, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the "User Content License"). Without limiting the foregoing, when you submit User Content to HBU, you agree that the User Content License accords HBU the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from HBU, or any other companies, organizations, or individuals.
You agree that any feedback, suggestions, ideas, or other information or materials regarding HBU or the communications that you provide, whether by email or otherwise ("Feedback"), are non-confidential and shall become the sole property of HBU. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Unless otherwise stated, all materials contained on or within the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, "HBU Member Content"), as well as their selection and arrangement, are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws. Unauthorized use of HBU Content may violate such laws and these Terms. Except as expressly provided in these Terms, HBU does not grant any express or implied rights to use HBU Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, HBU Content, the Services, or any related software, except as expressly stated in these Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and HBU Content. This license is revocable at any time. This license is subject to these Terms and does not include:
The distribution, public performance, or public display of HBU Content;
Modifying or otherwise making any derivative uses of the Services or HBU Content, or any portion thereof; use of any scraping, data mining, robots, or similar data gathering or extraction methods;
Downloading (other than page caching) any portion of the Services, HBU Content, or any information contained therein, except as expressly permitted on the Services; any use of the Services or HBU Content other than for their intended purposes.
Any use of the Services or HBU's Content other than as specifically authorized in these Terms, without the prior written permission of HBU, is strictly prohibited and will terminate the license to use HBU granted in these Terms.
You acknowledge and agree that HBU may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HBU, its users, and the public.
In addition to the other restrictions outlined in these Terms, you agree that you will not: Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited by law. You will also not use the Services in any manner that could interfere with, disrupt, negatively affect, inhibit other users from fully enjoying the Services, or damage, disable, overburden, or impair the functioning of the Services.
Compromise the security of the Services
You agree to not send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials; Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; Use or attempt to use another user’s account without authorization; attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access;
Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so; engage in any harassing, intimidating, predatory, or stalking conduct;
Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; develop any third-party applications that interact with User Content or the Services without our prior written consent, use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
After opening an HBU account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that HBU will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.
Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.
HBU respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If HBU becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you believe that anything on the Services infringes any copyright that you own or control, you may file a notice of such infringement with our office:
Report Copyright Infringement
Home Buyers Unite, LLC
To be effective, any takedown notice submitted to our Copyright Agent must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means that the notice must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HBU to locate the material.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE HBU SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBU SERVICES ARE PROVIDED BY HBU ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HBU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HBU SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBU SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HBU SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HBU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBU DOES NOT WARRANT THAT THE HBU SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBU SERVICES, HBU'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HBU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBU WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HBU SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HBU SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
General Practices Regarding Use and Storage
You acknowledge that HBU may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, Membership Data, or other uploaded User Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on HBU’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that HBU has no responsibility or liability for the deletion or failure to store any messages and other communications or other HBU Content maintained or transmitted by the Services. You acknowledge that HBU reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HBU reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Engagement with Real Estate Agents Services
HBU provides a platform and introductory services for members, and as a member you agree to work with the real estate agent of your choosing, which can be an agent from our HBU recommended agent list, available on our website or an agent of your own from external options. Please note if you choose to work with an external agent that agent must agree to be bound to the terms of this agreement and the HBU real estate processing fee upon the closing of a sale to any HBU Members,. The fee, which will be equal to 30% of agent commissions will vary based upon the property transaction. This fee requirement applies to all agents who work with HBU and serve HBU members and by using our services you agree to this fee. HBU will also be sharing these terms during member onboarding. HBU iwill screen agent service providers for reputation issues and bad reviews to allow only those companies with respectful reputations to access our membership. This agreement also includes the agreement by participating agents to not solicit HBU members for any real estate transaction in their licensed state or national market for residential or commercial property.
HBU Members Partner Choices. Living Agreements, Non-Payment Partner 60-Day Forfeit
HBU members may choose to co-buy a property for investment purposes, or as a primary residence, in each scenario, HBU HOLDS NO RESPONSIBILITY FOR ACTIONS BEYOND THE CONNECTION OF MEMBERS. HBU acts as a connection platform only and therefore is not responsible for any agreement or disagreement between HBU members following the connection of said members, and therefore is released from any and all liability following the connection of members. HBU provide the most extensive background and safety options for members available and provides in-person events and personality profiles to support informed choices for its members but the result of such connections is at the sole discretion of HBU members. The length of stay within the shared property and the living agreements are to be addressed between the individuals co-buying. HBU also asks that all co-buyers agree to a contract stating after a 60-day non-payment period the non-paying partner automatically forfeits their equity to the paying co-buyer.
You agree that HBU in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if HBU believes that you have violated or acted inconsistently with the letter or spirit of these Terms. HBU may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be affected without prior notice, and acknowledge and agree that HBU may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that HBU shall not be liable to you or any third-party for any termination of your access to the Services.
By agreeing to these Terms you agree to indemnify, defend, and hold harmless HBU, our managing members, officers, shareholders, employees, affiliates, parent companies, subsidiaries, licensors, and suppliers (the "HBU Parties") from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability
Except where prohibited by law, in no event will HBU or the HBU Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if HBU has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against HBU for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, HBU is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, HBU’s liability shall in no event exceed the amount you paid for the Services or $1.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH HBU, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by HBU that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the "Arbitration Agreement"), except that you and HBU are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and HBU, and to any subsidiaries, parent companies, affiliates, agents, officers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms ("Arbitration Rules"). The AAA Consumer Arbitration Rules governing the arbitration are available online at http://www.adr.org/consumer or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than twenty-five thousand U.S. dollars (US $25,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is twenty-five thousand U.S. dollars (US $25,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and HBU, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and HBU.
Waiver of Jury Trial. YOU AND HBU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and HBU in any state or federal court in a suit or enforce an arbitration award or otherwise, YOU AND HBU WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in Denver County, Colorado.
Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Small Claims Court. Notwithstanding the foregoing, either you or HBU may bring an individual action in small claims court.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in Denver County, Colorado, for such purpose.
Survival. This Arbitration Agreement will survive the termination of your relationship with HBU.
4) Forum and Venue
Subject to the terms of the arbitration provisions above, a lawsuit, if any, by you or HBU against the other will occur in state or federal court in Denver County, Colorado. You and HBU agree that the jurisdiction and venue of these courts is exclusive.
Any dispute between You and HBU will be governed by these Terms and the laws of the State of Colorado and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between You and HBU. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your HBU account.
Questions and Comments
HBU welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting firstname.lastname@example.org.