AGENT PORTAL TERMS AND CONDITIONS OF USE

Updated and Effective Date: May 11, 2023

Home Partners Holdings LLC ("Home Partners" or "we" or "our") welcomes you to the Agent Portal. These Terms and Conditions of Use, together with the Agent Portal Privacy Policy , the Home Partners Terms and Conditions of Use and Privacy Policy contained on the Home Partners website (www.homepartners.com) (collectively, "Terms" ) shall govern your promotion of the Home Partners Lease Purchase Program and other such programs which Home Partners may add from time to time for licensed real estate professionals ("Program"), including through any web sites, applications, or other services that post a link to or include these Terms (collectively, "Portal"). These Terms apply when promoting the Program as a Home Partners program and any white label promotion of the Program.

In accordance with our goals, this Portal will permit you to link to another website not within Home Partners’ control, that may have terms of use that differ from, or contain terms in addition to, these Terms. Your access to such website through a link provided on this Portal is governed by the terms of use and policies of that website, not this Portal.

1. Acceptance of and Agreement with Portal Terms of Use

Please read these Terms carefully before continuing on with your use of the Portal. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS PORTAL. By accessing and using the Portal, you hereby acknowledge that you have read, understand and agree to be bound by these Terms.

These Terms set forth the entire understanding and agreement between you and Home Partners with respect to the Portal. As a condition to your use of this Portal, you warrant to Home Partners that you will not use the portal or the Portal Content for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Portal and the Portal Content shall immediately terminate without the necessity of any notice. Home Partners retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.

2. Permitted Users of the Portal

The Portal is provided strictly for use by licensed real estate professionals that intend to promote the Home Partners Lease Purchase Program and other such programs which Home Partners may add from time to time (the "Program"). Access by others is not permitted. Any use of the Portal or its content (Portal Content, as defined below) in any way not expressly permitted by these Terms is prohibited, and may be actionable under applicable law or may cause you to be disqualified from doing further business with Home Partners. By using the Portal, you warrant that you have the legal right, power, and authority to accept the Terms on your own behalf and on behalf of any company that employs you or that you represent.

3. Confidentiality

You hereby agree (a) to keep confidential all proprietary information of Home Partners, its affiliates, and of all residents and prospective residents, including, without limitation, all information provided to you regarding leads, applicants or prospective residents of the Program or to which you have access (collectively, "Proprietary Information"), (b) not to use any Proprietary Information for any purpose other than in connection with your participation in our Program, and (c) not to disclose any Proprietary Information to any third parties, except as otherwise permitted herein.

To the extent that you have access to information which would be considered “personal information” under applicable law and relates to a lead, applicant or prospective resident including, but not limited to, the name, phone number, address, credit card information, social security number, and/or account or financial information with or without a password (collectively, "PII"), you acknowledge and agree that such information is highly confidential and private in nature and you agree to hold such information in confidence, and protect such information in accordance with applicable law. To the extent that you obtain PII from Home Partners, except as may be required by applicable law, you shall not use or disclose such PII without the prior written consent of Home Partners. You agree that: (i) you are responsible for your use of the Portal as well as any information generated or derived from your use; and (ii) Home Partners has no obligation to maintain anything you upload on its servers and reserves the right to delete from its systems any information on regular intervals without notice.

4. Privacy and Rights to Use Information

You hereby agree that when you disclose any PII relating to consumers to us (such as your clients and/or prospective residents), you represent and warrant that you have provided the consumer any legally required notice and obtained any legally required consent and have the authority to provide the PII to us on their behalf.

5. Trademarks, Copyrights, and Restrictions

The Portal includes all materials that comprise the Portal, including, without limitation: all past, present, and future versions of the Portal, graphics, layout design, text, images, audio, video, designs, artwork, trade and service marks, data, domain names, the “look and feel” of the Portal, any and all copyrightable material (including source and object code) (collectively, “Portal Content”).

You agree that the Portal Content is owned by Home Partners and is protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by us, no rights in the Portal Content (either by implication, estoppel, or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Portal Content by using the Portal. You may only use the Portal Content as expressly set forth in the Terms. Unauthorized use, copying, reproduction, storage, modification, republishing, uploading, downloading, posting, transmitting, distributing, duplicating, removal or alteration of advertising, or any other misuse of any of the Portal Content is strictly prohibited.

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, revocable, non-assignable, and non-transferable, limited license to access the Portal, including the Portal Content solely for the purpose of promoting the Program and using the Portal and Portal Content in accordance with the applicable documentation. Except as otherwise permitted under the Terms, in no event will you, or permit any other person or entity to:

(a) use the Portal beyond the scope of the license granted under these Terms;

(b) make any statement or take any action suggesting that you have a relationship with Home Partners other than as an unaffiliated partner;

(d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Portal available on the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;

(e) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, terms of the documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the Portal;

(f) use the Portal or the Portal Content for the purposes of: (i) benchmarking or competitive analysis; (ii) developing, using or providing a competing software product or service; or (iii) any other purpose that is to our detriment or commercial disadvantage;

(g) reverse engineer, disassemble, decompile, decode, or adapt the Portal or Portal Content or otherwise attempt to derive or gain access to the source code of the Portal, in whole or in part;

(h) use the Portal in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or any applicable law; or

(i) distribute, bypass, or breach any security device or protection used for or contained on or in the Portal.

You represent and warrant that your use of the Portal will at all times comply with all laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, as well as any and all regulatory, administrative, and legislative authorities having jurisdiction over such materials, you, or the Portal. Any other use of Home Partners materials or Home Partners intellectual property not set forth in this section is strictly prohibited.

You agree not to challenge any of Home Partners’ rights and interests in the Portal and Portal Content, including to refrain from acquiring any proprietary rights.

6. User Content

The Portal may provide you the participate and post content to us or post content publicly on the Portal (including, without limitation, questions, answers, comments, notes, tickets, suggestions, testimonials, photographs, videos, documents, or other content) (collectively, “User Content”).

Except as otherwise described in the posted Agent Portal Privacy Policy or other agreement on the Portal where you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.

You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Home Partners the license below. Upon Home Partners’ request, you will furnish Home Partners any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You retain any ownership you have in your User Content, but you acknowledge that Home Partners must have a license from you in order to accept your User Content. Accordingly, you grant to Home Partners a non-exclusive unrestricted, worldwide, irrevocable, perpetual, transferable, sublicensable, and royalty-free license to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.

Home Partners is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of Home Partners. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion.

You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Home Partners.

You agree that Home Partners is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize Home Partners to publish your User Content in a searchable format that may be accessed by anyone. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, Twitter, and Pinterest). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

You agree that Home Partners has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. Home Partners will not have any obligation to you with regard to User Content and Home Partners may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.

User Interactions and Disputes

You are solely responsible for your interaction with other users of the Portal, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Acceptable Use Policy: Community Rules

When you contribute, upload or otherwise provide User Content to the Portal, you agree to comply with the following Community Rules ("Rules"):

User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Portal and elsewhere, with appropriate attribution if required.
No pictures or images of anyone without permission. If you choose to upload photos to the Portal, link to embedded videos, or include other images of real people, make sure you have their express permission to post it. If any of the people pictured are minors, you must obtain their parent or guardian’s express permission to have their image and name used by us. Before obtaining their permission and sharing the photo with us, send them a copy of or a link to these Terms.
Don't upload third party materials without permission. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials without permission. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
No access-restricted content. Your User Content may not include content that contains restricted or password only access pages, or hidden pages or images.
No music. Your User Content may not contain any music unless the work and performance is original to you and/or you have all rights to the musical work (including any performances). No jingles, sampling or otherwise.
Keep it relevant. Your User Content should relate to the content on the Portal and should be intended to add to the discussion and community on the Portal.
Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for everyone to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Portal. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, ethnicity, gender, sexual orientation or physical handicap or other intrinsic characteristics or that are unlawful, threatening, libelous, defamatory, slanderous, intrusive on another’s privacy, harassing, abusive, vulgar, indecent, obscene, pornographic or sexually explicit or profane.
Do not post User Content to the Portal for commercial purposes. Your User Content may not advertise or promote a product, service, or promotions (like contests or sweepstakes) except those provided by us on the Portal. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You may not engage in any activities that solicit passwords or personal information from other users for commercial or unlawful purposes.
Do not upload User Content that is inappropriate or illegal. You may not submit any User Content that might be harmful to minors or any others. Your User Content may not promote any illegal activity. If someone could go to jail for taking action suggested by your User Content, don't upload or post it. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
No violence. Your User Content may not promote violence or describe how to perform a violent act.
Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. You may not use a false e‑mail address or otherwise mislead us or third-parties as to the origin of any User Content.
Reviews. Any reviews you post must reflect your true and honest experience with us and our Program.
Public forum. We hope that you will use the Portal to exchange information and content and have discussions with other members. However, please remember that you are submitting User Content to a public forum and User Content that you post will be accessible and viewable by other users. Do not post personal information (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information).
Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
Don't damage the Portal or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system or device.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

7. Prohibited Activities and Content

In addition to other prohibitions set forth in these Terms, the following is a partial and nonexclusive list of the kinds of activities and content that are prohibited on or through the Portal. You are prohibited from using the Portal or its content:

For any unlawful purpose;
To solicit others to perform or participate in unlawful acts;
To violate any international, federal, provincial/territorial or state regulations, rules, laws, or local ordinances;
To engage in any activity that might be harmful to minors or others;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, threaten, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information;
To transmit “junk mail” or unsolicited mass mailing or “spam”;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality, security or operation of the Portal or any related websites or the Internet;
To collect or track the personal information of others.

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy web pages of the Portal or for any other unauthorized purpose without our prior expressed written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal; and (c) take any action that imposes an unreasonable or disproportionately large load on Home Partners’ hardware and software infrastructure.

The use of online tools, including software or automated scripts such as bots to extract data from the Portal, homepartners.com or any of our other online properties, as well as the disclosure of any such extracted data, for commercial purposes (“screen scraping”) is strictly prohibited.

We reserve the right to terminate your use of the Portal for violating any of the prohibited uses or any other provisions of the Terms

8. Reporting Claims of Copyright and Other Intellectual Property Infringement

You may not use the Portal for any purpose or in any manner that infringes the rights of any third party. Home Partners encourages you to report any content on the Portal that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. It is our policy to expeditiously respond to clear, legally valid notices of copyright infringement that comply with the criteria established by Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”).

If you believe any materials on the Portal infringes your copyright, you may submit a notification by providing Home Partners’ Designated Copyright Agent with the following information in writing or via email:

Your physical or electronic signature.
A description of the copyrighted work that you claim has been infringed.
A description of where on the Portal the material you claim is infringing may be found, sufficient for Home Partners to locate the material (e.g., the URL).
Your name, address, phone number and email address (if any).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated copyright agent to receive DMCA Notices is:

Name: Legal Department
Address: Home Partners Holdings LLC, 120 S. Riverside Plaza, Suite 2000, Chicago, IL 60606
Phone: 847-234-5155
Email: legal@homepartners.com

We suggest that you consult your legal advisor before filing a notice with Home Partners’ copyright agent, because there may be penalties for false claims.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If we request additional information necessary to make your DMCA notice complete, please provide that information promptly. If you fail to comply, your DMCA notice may not be processed further. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

A copy of your notice, including any contact information provided, may be provided to third parties, including the complainant or the user who posted the content being reported.

Other Intellectual Property. If you believe that any content on the Portal violates your exclusive rights other than copyrights, please provide Home Partners at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on the Portal to:

Name: Legal Department
Address: Home Partners Holdings LLC, 120 S. Riverside Plaza, Suite 2000, Chicago, IL 60606
Phone: 847-234-5155
Email: legal@homepartners.com

9. Ethics

You hereby agree to adhere to the Standards of Practice and all other terms and conditions set forth in the National Association of Realtors Code of Ethics & Arbitration Manual irrespective of your membership therein. See https://www.nar.realtor/code-of-ethics-and-arbitration-manual.

10. Marketing Materials and Promotion of the Program

When promoting the Program in any manner, including to consumers or other real estate professionals, in no event shall you (a) make any false or misleading statements or omissions in any marketing, advertising or promotional materials relating in any way to Home Partners or purporting to describe the Program; (b) make any statement or take any action suggesting that you have a relationship with Home Partners other than as an unaffiliated broker; (c) state or imply that you are a "partner" of, or "authorized" by, Home Partners, or make any similar representation or implication of special status with Home Partners; or (d) make any unfounded promises, such as "guarantee" that a consumer will qualify for the Program or specify terms on which a consumer may purchase a home within the Program. You may use any or all of the preprinted marketing materials available in the Portal to market and promote the Program and for no other purpose. Any use of the Home Partners’ marketing materials for training in exchange for compensation is prohibited. Any and all Portal marketing materials must be used exactly as written; editing and revision are strictly prohibited except as may be explicitly permitted to allow for co-branding. If you are using the Home Partners name or brand to promote the Program in any manner, you must include any required disclaimers and/or disclosures and must adhere to the Broker and Agent Marketing Guidelines and Brand Standards ("Marketing Guidelines") at all times. The creation of personalized consumer marketing materials is permitted provided that any use or reference to Home Partners, its affiliates, the Program or any trademark or logo thereof in any respect whatsoever must strict comply with the terms, conditions and specifications prescribed by the Marketing Guidelines on the Portal. All of your marketing, advertising and promotional materials and activities shall at all times comply with all laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, the Fair Housing Act (Title VIII of the Civil Rights Act of 1968) and any similar state laws, as well as any and all regulatory, administrative and legislative authorities having jurisdiction over such materials, you or the Program. All of your marketing, advertising and promotional materials and activities shall at all times comply with the National Association of Realtors Code of Ethics & Arbitration Manual. Home Partners reserves the right to require you to modify at any time any personalized marketing materials that reference the Program, Home Partners, or otherwise incorporate the Home Partners brand identity or any Home Partners intellectual property. Any other use of Home Partners materials or Home Partners intellectual property not set forth in this section is strictly prohibited.

11. Other Rules Governing Agent Activities

You may not provide any type of compensation or monetary incentive to a prospective resident for participation in the Program including, without limitation, a rebate, gift, reimbursement or payment of the application fee, security deposit, rent or any other form of remuneration. You may not ask or require a prospective resident to provide any type of compensation in cash or in-kind as a condition to their participation in the Program. Further, Home Partners believes it is essential that you develop a strong working relationship and maintain a direct relationship with each prospective resident from the point of application through the entire property submission process. You must personally show each prospective resident the target property prior to submitting the home for Home Partners consideration. You may not delegate showing activity to another agent or administrative support assistant for any reason, nor use any electronic means such as FaceTime, Skype or Messenger to show a prospective resident a property. You may not use other agents to circumvent the restrictions and obligations set forth in these Terms.

12. Use the UTM Link

You may only send or use the Home Partners UTM Referral Link for leads with whom you have made direct contact. You agree not to post the Home Partners UTM Referral Link on any public website, including your website (if any) or advertising medium, print or otherwise (e.g., Craig’s List, classified ads, circulars, mailers).

13. Third Party Links

The Portal may from time to time display links to other third party websites or resources as a convenience to you. Home Partners is not responsible or liable for, and does not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products or other materials on or available from such websites or resources. Various third-party websites may provide links to the Portal. We have not reviewed any or all of the third-party websites linked to the Portal. We are not responsible for the content of any off-site pages or any other websites linked to the Portal.

Neither Home Partners nor its service providers are responsible for the practices of any third parties. Your correspondence and business dealings with third parties found through the Portal, including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Home Partners is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

14. Contests, Sweepstakes and Other Interactive Transactions

The Portal may offer you opportunities to enter contests and sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration, or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable contest, sweepstakes, or other promotion. By entering contests or sweepstakes, you signify your agreement to all of the terms set forth on the Portal applicable to the contest or sweepstakes, as well as to the terms set forth in these Terms and in our Privacy Policy. See our Agent Portal Privacy Policy for further information.

15. Account Password and Security

The Portal contains features that require your registration of a username and password ("Account"). You agree to provide accurate, complete, current and truthful information in creating and maintaining an Account. Any personal information you submit to Home Partners via the Portal will be governed by the Agent Portal Privacy Policy.

You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password. You agree (a) to log out of the Account at the end of each session; (b) to keep the password confidential and not share it with anyone else; (c) not sell or otherwise transfer your Account or any Account rights; and (d) to notify Home Partners immediately of any unauthorized use of your password or other breach of your Account. You are solely responsible for your Account. Home Partners is hereby authorized to act on instructions received through your Account, and shall have no responsibility for any loss or damage arising from your failure to comply with this Section. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Portal. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Portal, including, without limitation, those governing your transmission or use of any software or data.

16. Support

Home Partners has no obligation to provide support, maintenance, updates, upgrades, modifications, or new releases (“Updates”) to the Portal. Home Partners may elect, in its sole discretion, to provide any Updates. Home Partners reserves the right to limit, modify, or terminate any capabilities or the Portal Content at any time.

17. Communicating With Us

Home Partners welcomes your comments. However, please do not send us any unsolicited creative ideas, original materials, or suggestions relating to products or marketing plans. You acknowledge that Home Partners may be working on or developing material similar or the same in nature and that Home Partners may have received similar or the same intellectual property rights from another party. Home Partners shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Portal. Home Partners owes you no obligation connected to your submissions. Any discussion or negotiations between you and Home Partners regarding your submissions does not constitute recognition of the novelty or originality of your submission. Notwithstanding the foregoing, these Terms in no way limit your rights under the Consumer Review Fairness Act of 2017 (H.R. 5111).

18. Broker's Indemnity of Home Partners

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Home Partners, its past, present and future affiliates and their respective officers, directors, shareholders, employees, agents, contractors and representatives, from and against any and all claims, damages, investigations, liabilities, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees) (collectively a "Claim", that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Portal or Portal Content; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (d) any misrepresentation made by you. You will cooperate as fully required by Home Partners in the defense of any Claim. Home Partners reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any Claim without the prior written consent of a duly authorized employee of Home Partners.

19. Home Partners’ Limitation of Liability

To the fullest extent permitted by applicable law, you agree that under no circumstances will Home Partners be liable to you for any loss or damage of any kind (including, without limitation, any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) arising out of or relating in any way, directly or indirectly, to: (a) Portal; (b) Portal Content; (c) your use of, inability to use, or the performance of Portal; (d) any action taken in connection with an investigation by Home Partners or law enforcement authorities regarding your use of Portal; (e) any action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Portal’s technical operation; or (g) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction, even if foreseeable and even if Home Partners had been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or destruction of Portal). In no event will Home Partners be liable to you or anyone else for loss, damage, or injury, including, without limitation, death, or personal injury.

20. Additional Disclaimers

All Portal Content is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion. Your use of the Portal and the Portal Content shall be at your sole risk.

Without limiting the foregoing, we do not warrant that your use of the Portal will be error-free, uninterrupted, or secure, that defects will be corrected, or that the servers that makes the Portal available are free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information on Portal is accurate, complete, or useful. You assume total responsibility and risk for your use of the Portal and your reliance thereon. No opinion, advice, or statement of Home Partners, whether made on Portal, in response to a question, or otherwise, will create any warranty not expressly stated in these terms.

You represent and warrant that your activities are lawful in the jurisdiction(s) where you access or use the Portal. Please remember that it is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information or statement available on the Portal. It is possible that the Portal could contain inaccuracies or errors or that unauthorized alterations could be made to the Portal by third parties. Although we attempt to ensure the integrity of the Portal, Home Partners make no guarantees as to the Portal’s completeness or correctness.

21. Export Regulations

You will not yourself, or permit any other individual to, export, re-export, release, directly or indirectly, any software, documentation, technology, technical data, or any products that include or use any of the foregoing, the export, re-export, or release of which to certain jurisdictions or countries is prohibited or requires an export license or other governmental approval, under any law, including the U.S. Export Administration Act and its associated regulations ("Controlled Technology") to any country, jurisdiction, or person to which the export, re-export, or release of Controlled Technology (a) is prohibited by applicable law; or (b) without first completing all required undertakings (including obtaining any necessary export license or other governmental approval).

22. Access and Modifications

Home Partners reserves the right to terminate your access to and use of the Portal or any of its features in its sole discretion, without notice and liability, including, without limitation, if Home Partners believes your conduct fails to conform to these Terms. Home Partners also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities or to the applicable local, regional or national board of realtors.

Home Partners also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Portal Content, in whole or in part, including the cessation of all activities associated with the Portal, with or without notice. You agree that Home Partners will not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal or any part thereof. Home Partners also reserves the right to charge for use of the Portal, in whole or in part, and to change its fees from time to time in its discretion.

Home Partners reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting. By using this Portal after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms. You can determine when the then-current Terms were last revised by referring to the "Last Revised" legend at the top of this page. Each time you access the Portal, you signify your acceptance of the then-current Terms.

23. Governing Law

These Terms are governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Home Partners brings to enforce these Terms, or in connection with any matters related to Portal, will be brought only in either the state or Federal courts located in and for Chicago, Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms are deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

24. Contact Information

If you have any questions about these Terms, please contact us at:

Home Partners of America
120 S. Riverside Plaza, Suite 2000
Chicago, IL 60606
877-234-5155

I have read, understand and agree to be bound by these Terms. Any breach of the rules thereof may, in Home Partners' sole discretion, result in the termination of your right to participate in the Program and may lead to further legal action.

Home Partners