Terms of Use

Updated 12/12/2005

PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.

Introduction

These Terms of Use (the "Terms") apply to your access and use of the HomePoint world wide web site (www.homepoint.com or "HOMEPOINT.COM"). HomePoint.com is a service of HomePoint, LLC (hereinafter referred to as "HOMEPOINT"), and all information and Content (as defined in these Terms) on the HOMEPOINT.COM web site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, is hereinafter referred to as the "Site") may be used solely under the following Terms. Please read the Terms carefully and completely before using the Site. By accessing, browsing or using the information or services on the Site, you (the "User") expressly agree to and consent to be bound by the Terms in full. If the following Terms are not acceptable, you must immediately terminate your use of the Site. Users accessing or using the Site do so on their own initiative and are responsible for compliance with all local laws. The Site and these Terms may be changed by HOMEPOINT, in its sole discretion, at any time without notice. Use of the Site subsequent to any change constitutes User's acceptance of the change. Users are advised to read these Terms each time they access the Site for any changes to these Terms.

Purpose of the Site and Services

The general purpose of the Site is to provide tools and solutions intended for use by home sellers, home buyers and real estate professionals to facilitate the listing, buying and selling of residential real estate. The specific services provided by HOMEPOINT from time to time are set forth in detail on the Site (collectively referred to hereinafter as the "Services"). User's right to access the Site and the Services is subject to any limits established by HOMEPOINT.

HOMEPOINT is not, and does not act as, a real estate agent, broker or salesperson. HOMEPOINT does not broker any transactions. HOMEPOINT is not responsible for selling, purchasing or listing any property. Real estate brokerage activities are performed by independent, local, licensed real estate brokers. HOMEPOINT seeks no commission, receives no commission, and has no involvement in the transaction process. HOMEPOINT is not engaged in rendering real estate, legal, accounting, tax or other professional services, and HOMEPOINT is not offering any such advice. If real estate, legal, accounting, tax or other professional advice or assistance is required, User should seek the services of a competent professional advisor.

General Limitations

User may access the Site and the Services solely for User's personal use. User agrees that User will not use the Site or the Services, in while or in part, for any purpose that is unlawful or prohibited by these Terms.

User agrees that it will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor, scrape or copy the Site or the Services or any other activity with the purpose of obtaining lists of users or other information, except those automated means expressly made available by HOMEPOINT, if any, or authorized in advance and in writing by HOMEPOINT. User agrees that it will not use any device, software or routine that could damage, disable, overburden, impair or interfere with the proper working of the Site or the Services or any other party's use and enjoyment of the Site or the Services. Without limitation to the foregoing, User further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on HOMEPOINT's infrastructure, as determined by HOMEPOINT.

User understands and agrees that HOMEPOINT may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. User further understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which HOMEPOINT may undertake from time to time; or (iii) causes beyond the control of HOMEPOINT or which are not reasonably foreseeable by HOMEPOINT, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that HOMEPOINT has no control of the availability of the Site or the Services on a continuous or uninterrupted basis.

User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for User's use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services.

The Site is operated by HomePoint, LLC from its offices within the United States (the " U.S. "). The Site and the Services currently are intended for use by Users located in the U.S. HOMEPOINT makes no representation or warranty that information on the Site is currently appropriate or available for use in any other locations or jurisdictions, and access to the Site from any locations where the contents of the Site may be illegal is prohibited. Those who choose to access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws.

HOMEPOINT reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate User's access to or use of all or any portion of the Site or the Services.

All real estate advertised on the Site is subject to the Federal Fair Housing Act and all State Fair Housing Acts, which acts make illegal to make or publish any advertisement that indicates any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. HOMEPOINT does not knowingly accept any advertising for real estate which is in violation of the law. All Users are hereby informed that all dwellings advertised on the Site are available on an equal opportunity basis. To complain of discrimination, call HUD toll-free at 1-800-669-9777.

Proprietary Rights

As between HOMEPOINT and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all patents, copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of HOMEPOINT or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained on the Site shall be construed as conferring upon any User any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of HOMEPOINT or any third party that may own the trademark or copyright of material displayed on the Site.

Subject to User's full compliance with these Terms, User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for User's own lawful, personal, informational, and non-commercial purposes: (ii) User does not remove or obscure the copyright notice or other notices; (iii) the Content, or any part thereof, is not modified; and (iv) it is automatically done through User's browser software incidentally to using the Site and/or the Services. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembled, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without the prior written permission from HOMEPOINT.

User acknowledges that the respective multiple listing services (MLS) which supply listing data for the Site own such data and User acknowledges the validity of the respective MLS' copyright to such listing data. The information provided on the Site, including from an MLS, is supplied by several independent sources. HOMEPOINT does not guarantee the accuracy, completeness or reliability of such information.

In the event HOMEPOINT receives information or materials through the Site, including, without limitation, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information and material shall be deemed to be non-confidential and HOMEPOINT assumes no obligation to protect the same from disclosure. The submission of information or materials to HOMEPOINT shall in no way prevent the purchase, manufacture, or use of similar products, services, plans and ideas by HOMEPOINT for any purpose whatsoever. In addition, User grants HOMEPOINT the right in any form now or hereafter known, to reproduce, use, disclose, distribute, transmit, create derivative works from, and publicly display and perform, any information or materials User submits to or through the Site.

Links

The Site contains links to third party web sites. The links on the web site will allow the User to leave the HOMEPOINT.COM Site. The linked sites are not under the control of HOMEPOINT, and HOMEPOINT is not responsible for, and makes no representations or warranties with respect to, the content or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for User's convenience only and is not intended as and should not be construed as an endorsement or recommendation by HOMEPOINT of the linked site or its content. Access to and use of any other internet sites linked to the Site is at the User's sole risk.

Privacy

HOMEPOINT's Privacy Policy may change from time to time and is posted in full on the Site.

User Accounts

Users must register and set up an account through the Site for Users to access and use any of the paid Services. HOMEPOINT, in its sole discretion, may accept or reject for any reason a User as a customer of the Services. If User is accepted by HOMEPOINT as a customer of the Services, as a condition to accessing and using any of the Services offered by HOMEPOINT on the Site, Users must accept and agree to a separate Addendum to these Terms set forth where the User registers to create an account on the Site. If User establishes an account for access to and use of the Services, User shall be billed by HOMEPOINT, and User shall be responsible, for all applicable charges and fees related to such access and use of the Services pursuant to the applicable Addendum to these Terms accepted by User.

By creating an account or otherwise registering on the Site, User understands and agrees that User has established a business relationship with HOMEPOINT. As such, User agrees that HOMEPOINT may contact User using information User provided, with information and offers of services available through HOMEPOINT. User hereby consents to any such communication, including phone calls, even if User's phone number is on any Do Not Call list.

Except with the prior written permission of HOMEPOINT, User agrees that it will not access or attempt to access any password protected, secure or non-public areas of the HOMEPOINT.COM Site. Unauthorized individuals attempting to access prohibited areas of the HOMEPOINT.COM Site may be subject to prosecution.

Disclaimer of Warranties

THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION AND CONTENT ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, HOMEPOINT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, HOMEPOINT DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER(S) THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, HOMEPOINT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES. USERS SHOULD SEEK THE ADVICE OF A LICENSED REAL ESTATE PROFESSIONAL AND OTHER PROFESSIONALS, INCLUDING, WITHOUT LIMITATION, ATTORNEYS, ACCOUNTANTS, TAX AND OTHER PROFESSIONAL ADVISORS, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT ON THE SITE. NEITHER HOMEPOINT NOR THE SITE PROVIDES ANY REAL ESTATE, LEGAL, ACCOUNTING, TAX OR ANY OTHER PROFESSIONAL ADVICE. HOMEPOINT IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS AND RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY ANY REAL ESTATE PROFESSIONAL ON THE SITE OR OTHERWISE. HOMEPOINT CANNOT GUARANTEE THE ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY COMPLETENESS OR TIMELINESS OF INFORMATION AND CONTENT CONTAINED ON THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) USER'S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SITE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS HOMEPOINT, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, MEMBER, MANAGER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF HOMEPOINT OR ITS AFFILIATES.

Applicable Law

These Terms shall be governed by the laws of the State of Colorado , as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the County of Arapahoe , State of Colorado .

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form.