Terms

Home Captain, Inc. is NOT a lender or affiliated with any government entity, including but not limited to the VA.

This Agreement Helps Protect You

Home Captain, Inc. encourages you to review this Terms of Use Agreement. When using this website and any of its contents, you agree to be bound by the all of these terms and conditions. If you do not agree to these terms and provisions, you are not permitted to use this site.

You represent that you have the capacity to be bound by this Agreement and are over the age of 18 years. If you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Privacy Policy.

Access to Our Services

Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our services or website; or (iii) through the use of our services or website, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our services or website. You shall not modify, scrape, embed, or frame our services without our prior written permission.

The website is solely intended for the personal, non-commercial use of individual users who have a bona fide interest in the purchase, sale or lease of real estate. No person or entity, including without limitation any real estate broker or other real estate professional, may market, sell, copy, distribute, redistribute, export, license, transfer, publish, republish, display, link to, transmit, retransmit, download, frame, store, post, modify, enter into a database or in any way use or exploit the Content or any other portion of the website, in whole or in part, other than in connection with a Registrant’s potential purchase, sale, development, investment, or lease of an individual property. No Registrant or other user of the website may use the Website for any purpose that is prohibited by applicable law or these Terms of Use, including without limitation any discriminatory, defamatory or obscene use. Without limiting the foregoing, no Registrant or other user of the website (including you) may: (a) take, facilitate, cause or allow any action that imposes an unreasonable or disproportionately heavy load on the Website’s infrastructure, including without limitation “spam” or any other such unsolicited mass e-mailing techniques; (b) disclose, use, facilitate, or cause or allow to be disclosed or used, any assigned confirmation numbers, user names, and/or passwords for any unauthorized purpose; (c) attempt to decipher or reverse engineer all or any portion of the Content; (d) use, facilitate or cause or allow to be used any robot, spider, intelligent agent, or other automatic device or manual process to search all or any portion of the Content. No one may use the Website, facilitate or cause or allow it to be used, in violation of (i) any applicable rules established by any applicable federal, state, or local law or regulation. Any such action may result in civil and/or criminal penalties, and Home Captain, Inc. expressly reserves all of their respective rights, remedies, claims and defenses in connection therewith.

Your right to access and use our services or website is not transferable by you to any other person or entity. You agree to only access and use our services or website for lawful purposes pursuant to the terms and conditions of this Agreement and our Privacy Policy.

Access and use of our services or website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our services or website and/or any portion or feature of our services at any time in our sole discretion and without prior notice.

Transmissions, Submissions and Postings by You

You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them, including but not limited to the violation of any trademark, copyright or other legal limitation of intellectual property or other content.

If you transmit, submit or post information to our services or website that is not trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content). Provided that you have obtained prior written permission from us to transmit, submit or post information to our services or website that is trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

Although we do not regularly review your transmissions, submissions or postings, we reserve the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings. Pursuant to the Privacy Policy, we may review transmissions, submissions or postings made by you to determine, in our sole discretion, your compliance with this Agreement.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our services or website or any portion of our services or website or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our services or website or any activities conducted on our services or website; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our services or website. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our services or website. You shall not use any communication systems provided on our services or website (such as Forums or email) for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our services or website without our express prior written permission.

We are not a Lender

Home Captain, Inc. is not a financial institution, insurance provider or other Service Provider of financial services and cannot give opinions or recommendations on any specific loan products. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue mortgages, credit cards, insurance coverage or any other financial products.

To use certain services, you may be required to provide us with information about you, which may be of a confidential nature and may include personal identifying information and/or financial information (“Your Information”). If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy.

Home Captain, Inc. does not recommend or endorse any specific products that may be offered by any of the lenders with whom we share information. Home Captain, Inc. cannot guarantee loan approval through any lender or any specific loan product. You must use your own judgment in deciding what loan product is best for you. The lender you choose to provide your loan is solely responsible for the services they offer. You understand and agree that Home Captain, Inc. is in no way liable for any costs or damages incurred while doing business with the lender(s) with whom we share your information. In addition, you understand that our participating lenders may keep your loan request form whether or not they are able to qualify you for a loan.

The Home Captain, Inc. website and the contents and services provided herein are available only in regards to real property in all fifty states and Washington, D.C. Loans will only be made on real property located in states where participants are licensed to conduct mortgage lending business.

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by lenders or Service Providers our platform. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by our lenders or Service Providers are the best available.

We are not involved with and are not responsible for any fee arrangement that you may enter into with our lenders or service providers. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.

Loan Requests and Affiliated Services

Home Captain, Inc. is not affiliated with our approved lenders./p>

The Lenders participating with Home Captain, Inc. are solely responsible for their services to consumers. Home Captain, Inc. shall not be liable for any damages or costs of any type arising out of or in any way connected with any consumers’ use of the Home Captain, Inc. website, or the services offered by Lenders. Home Captain, Inc. is not responsible for any errors or delays caused by consumers or any Lenders in the loan process.

Home Captain, Inc. and its Officers may be affiliated with, and serve as board members, directors or officers of various affiliated entities (“affiliated groups”). The use of the Home Captain, Inc. name in any web or in any written materials created by any affiliated groups, or any link to the Home Captain, Inc. web site maintained on the web site of an affiliated group, does not imply that the affiliated groups are part of Home Captain, Inc. Any such links are provided for convenience and informational purposes only. Home Captain, Inc. may, from time to time, act as a sponsor for events of affiliated groups, and may purchase advertising or be entitled to receive recognition in affiliated group publications as part of a sponsorship.

No legal association is intended between Home Captain, Inc. and any affiliated group by virtue of an individual board member’s involvement with the affiliated group. Unless otherwise expressly stated on the Home Captain, Inc. web site or in document approved, written and adopted by Home Captain, Inc. Home Captain, Inc. does not endorse, approve, or sponsor any affiliated group. Individual Board members in their individual capacity may endorse, approve or sponsor any affiliated group, but such endorsement, approval or sponsorship shall not be deemed to bind Home Captain, Inc. or to be on behalf of Home Captain, Inc. or done with the permission, consent, authority or ratification of Home Captain, Inc., unless expressly stated otherwise in writing by Home Captain, Inc.

WE AND OUR AFFILIATES, THROUGH THE SERVICES OR WEBSITE, MAY PROVIDE A VENUE THROUGH WHICH YOU CAN OBTAIN INFORMATION AND YOU CAN FIND THIRD-PARTY SERVICE PROVIDERS, SUCH AS FINANCIAL INSTITUTIONS, CREDIT CARD PROVIDERS, MORTGAGE BROKERS, REAL ESTATE BROKERS, INSURANCE BROKERS, INSURANCE AGENTS, DISCOUNT PROGRAM REPRESENTATIVES AND OTHER PROFESSIONALS (“SERVICE PROVIDERS”). WE DO NOT ENDORSE OR RECOMMEND THE PRODUCTS OR SERVICES OF ANY SERVICE PROVIDER, AND ARE NOT AN AGENT OR ADVISOR TO YOU OR ANY SERVICE PROVIDER. WE DO NOT VALIDATE OR INVESTIGATE THE LICENSING, CERTIFICATION OR OTHER REQUIREMENTS AND QUALIFICATIONS OF SERVICE PROVIDERS. IT IS YOUR RESPONSIBILITY TO INVESTIGATE SERVICE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT YOU RELY ON YOUR OWN JUDGMENT AND THAT OF SUCH ADVISORS IN SELECTING ANY PRODUCTS OR SERVICES OFFERED BY SERVICE PROVIDERS. YOU ACKNOWLEDGE THAT NEITHER HOME CAPTAIN, INC., THE SERVICE PROVIDERS, NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, HOME CAPTAIN, INC., THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. HOME CAPTAIN, INC., ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, SERVICES, OR INFORMATION OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE. HOME CAPTAIN, INC. DOES NOT GUARANTEE THAT THE TERMS OR RATES OFFERED BY ANY PARTICULAR ADVERTISER, BUSINESS PARTNER, AFFILIATE, SERVICE PROVIDER OR OTHER THIRD PARTY ON OR THROUGH OUR SERVICES ARE THE BEST TERMS OR LOWEST RATES AVAILABLE IN THE MARKET.

Calls and the Role of Home Captain, Inc.

Home Captain, Inc. is a real estate broker licensed in the state of New York but does not necessarily broker real estate transactions. Home Captain, Inc. may or may not act as a real estate agent for you or any other user. Home Captain, Inc. does not necessarily sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Home Captain, Inc. may or may not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

If you, as a consumer, choose to contact a real estate agent or have a real estate agent contact you through the services or website by filling out a contact request or other request form on Home Captain, Inc.’s website, you authorize Home Captain, Inc. to provide your name and contact information and other identifying information you provide to the real estate agent you choose. You acknowledge that, by submitting your contact request or other request form on Home Captain, Inc.’s website, you may receive telemarketing calls from or on behalf of the real estate agent at the telephone number(s) you provide.

The services or website may provide phone numbers that can connect you with Home Captain, Inc., its service providers, or other third parties, such as real estate agents. Some of the numbers listed may be routed through a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to Home Captain, Inc. or through a Calling Service, you consent to such recording and monitoring. Home Captain, Inc. will treat recorded calls in accordance with its Privacy Policy.

Electronic Communication

When you utilize Services through our website, send email to us, or otherwise contact us through electronic means, you are communicating with us electronically and consent to receive communications from us via the same method(s) or any other method(s). Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Links

This website may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and information only and, as such, you access them at your own risk. The content of any Linked Sites is not under Home Captain, Inc.’s control, and Home Captain, Inc. is not responsible for, and does not endorse, such content, whether or not Home Captain, Inc. is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this website or provide any links that state or imply any sponsorship or endorsement of your website by Home Captain, Inc., or its affiliates or Providers.

Disclaimers

Home Captain, Inc. works to ensure the accuracy of all of the information on this website. However, errors may occur. Home Captain, Inc. reserves the right to edit and/or improve this website at any time. THIS WEBSITE AND THE INFORMATION, SOFTWARE, AND SERVICES CONTAINED HEREIN ARE PROVIDED “AS IS”. HOME CAPTAIN, INC. AND ITS PARTICIPATING LENDERS DISCLAIM ANY WARRANTY WHATSOEVER. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. HOME CAPTAIN, INC. AND ITS PARTICIPATING LENDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER INJURY ARISING OUT OF THE USE OF THIS WEBSITE. Home Captain, Inc. is not responsible for any damages to property, including, but not limited to, Trojan horses, viruses, backdoors, worms, trap doors, time bombs, cancelbots, or any other code or computer program that may interfere with the transfer of data or contribute to the destruction to property.

Copyright, Trademark and Service Mark Notices

All content on the website is: © Copyright 2014 Home Captain, Inc. All rights reserved. Home Captain, Inc. is NOT affiliated with any governmental entity, including the VA. Home Captain, Inc. is not a lender but has developed affiliate relationships with approved, licensed lenders to support users seeking VA and other loan products. We may provide customer information to our trusted affiliates to help you with your VA or other Loan. Our website contains material that is copyrighted under the United States copyright laws. This includes, but is not limited to, any services, graphics, text, videos, software, music, photos, or other trademarked items on Home Captain, Inc. You may not publish, modify copy, transmit, exploit, or participate in the transfer or sale of any created works in whole or in part in any manner unless it is permitted under copyright law. All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

We grant you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.

You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission

Dispute Resolution

Any claim arising out of or related to the use of Home Captain, Inc. shall be resolved through arbitration. The arbitration shall be held before an arbitrator under the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in the state of New York, except for main consumers for whom the location shall be designated at a location that is deemed reasonably convenient. These terms and conditions provide that all disputes shall be resolved by binding arbitration. You, the consumer, forfeit all rights to go to court to defend or assert your rights. You, the consumer also forfeit your rights to bring class action lawsuits against Home Captain, Inc. By using the goods or services provided by Home Captain, Inc., you give consent to these restrictions.

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York, New York, or the United States District Court, Eastern District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be affected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Indemnification

You agree to indemnify Home Captain, Inc. and its participating lenders from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this website, including any claims alleging facts that if accurate would equal a breach by you of this Terms of Use Agreement.

Errors and Delays

Home Captain, Inc. is not liable for delays or errors in responding to your loan request that are a result of inaccurate information you provide, or any other reason beyond Home Captain, Inc.’s reasonable control.

Additional Terms

This agreement between you, the consumer, and Home Captain, Inc. supersedes all promises, proposals, or prior communications, whether written, oral, or electronic. This agreement shall be subject to the laws of the state of New York. All rights not expressly granted are reserved.

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our website. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Please Retain for Your Records a Printed Copy of this Agreement.