Terms

Home Captain, Inc. is not a lender or associated with any governmental entity, including the VA.

Eligibility and Access to Our Services

Home Captain, Inc. encourages you to review this Terms of Use Agreement. Your use of this Website and any of its contents or submission of service requests via telephone (collectively “the Services”) constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you do not agree to these terms and provisions, you are not permitted to use this site. 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 .

By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations; (d) If you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.

To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with Home Captain, Inc. permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.

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.

Role of Home Captain

Home Captain, Inc. has a broker license in the state of New York, but Home Captain, Inc. does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) 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. Home Captain, Inc. assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.

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.

Information Requests

When you submit a request for information (an “inquiry”) through this website, a Home Captain, Inc. representative may contact you, most likely by email or at the telephone number you provided.

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.

E-SIGN Information: In order to better serve you, Home Captain, Inc. may provide you with certain records and communications (“Communications”) in electronic format. By submitting an inquiry, you hereby consent to receive these Communications in electronic format. You have the right to receive Communications on paper or in a non-electronic format. You also have a right to withdraw your consent to receive the Communications in electronic format.

If you desire only paper copies of the Communications, if you wish to withdraw your consent to receiving electronic Communications, or if you desire paper copies of Communications you have previously received, please contact customer service at 1-877-847-4302 or
email hello@homecaptain.com so that we may update your information accordingly.

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.

Use of the Services

As long as you comply with these Terms of Use, Home Captain, Inc. grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.

Home Captain, Inc. may freely use feedback you provide. You agree that Home Captain, Inc. may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Home Captain, Inc. a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Home Captain, Inc. in any way.

Prohibited Use

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.

(e) reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;

(f) provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;

(g) remove or modify any copyright or other intellectual property notices that appear in the Services;

(h) use the Services for resale, service bureau, time-sharing or other similar purposes;

(i) use the Services in any way that is unlawful, or harms Home Captain, Inc., its service providers, suppliers, or any other user;

(j) distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;

(k) impersonate another person or misrepresent your affiliation with another person or entity;

(l) reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Home Captain, Inc. for a particular portion of the Services;

No one may use the Website, facilitate or cause or allow it to be used, in violation of 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.

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.

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.

No Warranties. HOME CAPTAIN, INC. PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME CAPTAIN, INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOME CAPTAIN, INC. AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY HOME CAPTAIN, INC. ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND HOME CAPTAIN, INC. MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURSIDICTION TO JURISDICTION.

Copyright, Trademark and Service Mark Notices

All contents on the websites are the property of Home Captain, Inc. 1517 Voorhies Avenue; 2n d Floor; Brooklyn, New York 11235. 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.

Choice of Law and Dispute Resolution

These Terms of Use are governed by the laws of the State of New York, without giving effect to its conflict of law provisions. 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.

Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

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.