Terms of Use

Welcome to HomeAssume.com. This website (“site”) is a venue to put potential sellers and potential buyers of homes with assumable mortgages in contact with each other (the “Service”).

By visiting our site, you are agreeing to these Terms of Use, our Privacy Policy, and other notices posted on this site. If you do not agree to the foregoing, you may not access our site. We suggest you print a copy of each of these documents for your records.

We have the right to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use will be effective immediately following the posting of such changes on this site. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this site following changes to these Terms of Use shall constitute your acceptance of all such changes.

PRIVACY POLICY

We respect the privacy of our users. Please take a moment to review our Privacy Policy. Acceptance of our Terms of Use includes acceptance of our Privacy Policy.

GENERAL PROVISIONS

The material that appears on our web site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before conducting any transaction, including the assumption, transfer or release of any mortgage that you have read about on this site, you should confirm with the associated mortgage company or other third parties any information (including, the terms of the loan, monthly payments, interest rate, and any adjustments thereto, transfer fees, payoff terms, and information concerning the real property, including title, taxes, liens, and encumbrances) that is important to your decision. You may decide to consult an attorney or real estate broker regarding the transfer of the property. We are not responsible for, and do not guarantee the performance of the Service or any information provided to a user.

The loan assumption process requires that both the buyer and seller provide information essential to the transaction. Such information may include an individual or company's name, address, phone number, email address, home description, mortgage details, credit history, and other information ("User Information"). Our site accepts the User Information supplied by various users, and we assume no responsibility for verifying the accuracy of such User Information. The User Information is used by the seller and buyer to contact each other and to facilitate the loan assumption process.

All real property transfers, terminations, and assumptions require the approval of the mortgage company (financial institution) holding the mortgage. Some mortgage companies charge fees in connection with transferring a mortgage. These fees are separate from any fees paid by you to us and are solely YOUR responsibility.

We may refuse to provide the Service to anyone or any entity at any time, in our sole discretion, and we reserve the right to deny use of the Service to anyone who uses the Service in a manner we consider inappropriate.

If you disagree with any material you find on our site, or if you find any material you believe to be inaccurate, please forward a copy of the material to our Customer Service Manager at HomeAssume.com, along with an explanation of your objection.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by sending an email, or by sending a notice by U.S. Mail to: Customer Service Manager, HomeAssume.com., 9233 Park Meadows Drive, Suite 8, Lone Tree, Colorado 80124.

For your convenience, we have made available a variety of links to other websites, not operated by us. While we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. We are not responsible for the products or services of these vendors.

OWNERSHIP

Our site is made available for your personal, non-commercial use only. The materials on this site are our or our licensors’ property, and are protected by U.S. copyright laws, international conventions and other copyright laws.You may not distribute, transmit, display, reproduce, modify, sell, create derivative works from, or otherwise exploit any on the materials on our site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. With the exception of using the "Send this page to a friend feature" and/or any "Affiliate Marketing Services" found on our site, you may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic means), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on our site should be sent to: HomeAssume.com, 9233 Park Meadows Drive, Suite 8, Lone Tree, Colorado 80124. You are free to establish a hypertext link to this site as long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us. However, without the prior written permission of us you may not frame any of the content of our site, nor incorporate into another website or other service any of our or our licensors’ intellectual property. Requests for permission to frame our content may be sent our Customer Service Manager, either by email, or at the address above. Notwithstanding the foregoing, upon our request, you must immediately remove any hypertext link to this site.

HomeAssume.com and the HomeAssume.com logo are our trademarks. All other names and/or logos are the property of their respective owners. You may not use any trademark or service mark appearing on our site without the prior written consent of the owner of the mark.

When you give us material, you grant us non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable, right to exercise the copyright, publicity and database rights you have in the material, in any media known now or in the future.

INTERACTIVE AREAS

The Blog is provided to give users 18 years of age or older a convenient means of connecting home sellers with persons who may assume their home mortgage. We do not endorse the accuracy of any message transmitted through the Blog. Please use your best judgment and be respectful to other individuals using this forum. Do not use vulgar, abusive, or hateful language. You may not use the Blog for advertising or promotional materials or other forms of solicitation not related to the Service. Given the nature of the Service and the volume of messages and listings, we cannot monitor all messages transmitted though the Blog. However, please contact a HomeAssume customer service representative if you encounter any communication that is obscene, defamatory, or otherwise unacceptable. We reserve the right to delete, move, or edit any communication that we deem to be a violation of these Terms of Use or defamatory or insulting in any way.

HOME LISTINGS

We DO NOT REVIEW every home listing posted on our site. You may well read any given listing before anyone on our staff does. We do not endorse or guarantee the accuracy of any listing. Responsibility for what is listed in on our site lies with each user. You alone are responsible for material you post. By using our site, you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy our site. We retain the right to deny access to anyone who we believe has violated these Terms of Use. Although we cannot monitor all the listings on our site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we will comply with the requirements of the law regarding disclosure of such messages to others, including law enforcement agencies.

You will not use the Service to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. You agree to conduct yourself ethically in the use of our site and in any transaction resulting from that use.

Listing a home on our site does not guarantee in any way that your mortgage will be successfully transferred or that you will not be required to fulfill your obligations with your mortgage company.

REGISTRATION

To obtain access to certain parts of our site, you will be required to register with us. As part of the registration process, you will be required to enter a valid email address and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not (i) register under the name of, nor attempt to enter the Service under the name of, another person; nor will you (ii) adopt a user name that we, in our sole discretion, deem offensive. You will be responsible for preserving the confidentiality of your password and will notify our Customer Service Manager of any known or suspected unauthorized use of your account.

TRANSACTION FEES

We charge seller’s who list a property with us a $199.00 one-time non-refundable listing fee for each property listed with us.

Sellers are responsible for paying all applicable fees in a timely manner with a valid payment method. If a seller’s payment method fails or is past due, we may collect fees owed using other collection matters which may include retaining a collection agency or legal counsel and, at our sole option, we may remove the seller’s listing from our site. You agree to pay us any collection costs including reasonable attorneys’ fees and court costs we incur in collecting our fees from you.

We reserve the right to revise our fees.

Sellers and buyers may incur additional fees from third parties in connection with the transfer of property including title company fees in connection with processing the transfer of property from seller to buyer, mortgage company fees in connection with assuming a mortgage, and attorney fees or real estate broker fees, if the service of an attorney or real estate brokers are used. Buyers and sellers are encouraged to seek appropriate legal advice before proceeding with the assumption process.

PAYMENTS

We accept all major credit cards, including Visa® and MasterCard®. Please be sure to provide the exact billing address and telephone number that your credit card issuer has on file for you. Incorrect information may cause a delay in the processing. Disputed credit card transactions possibly will be assessed the credit cards processor's processing charge for each time the transaction is disputed, plus administrative expenses plus any collection and/or attorney fees and court costs associated with our collection of debt.

REFUND POLICY

All fees billed and collected by us are non-refundable.

OUR RESPONSIBILITY

We will display the listings submitted by you on our site subject to your listing remaining in good standing. Your listings will be placed in our site's listing database, which may be accessed by other users of our site. We reserve the right to reject and/or remove any listing submitted by you for any reason.

We are not involved in the actual transaction between sellers and buyers. We have no control over the truth or accuracy of the listings, the terms and conditions of any assumption imposed by the mortgage company, the ability of buyers to assume a mortgage, or that a buyer or seller will actually complete a transaction.

We are not acting as your real estate broker or legal or tax advisor. Material that appears on our site does not constitute legal or tax advice. The transfer of property and assumption of a mortgage have significant legal and tax consequences to the seller and buyer and we advise you to consult an attorney or real estate professional.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

IF YOU RELY ON THIS SERVICE OR ANY MATERIAL AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE MATERIALS, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE. THE SERVICE IS PROVIDED TO YOU "AS IS." WE AND OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIAL AVAILABLE THROUGH THE SERVICE (OR ANY MATERIAL, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED ON, OR SOLD THROUGH THE SERVICE). NOR DO THEY GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR MANAGERS, MEMBERS, EMPLOYEES AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

YOU AGREE THAT OUR LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY ARISING OUT OF OR OTHERWISE RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO US FOR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES, EXCLUSIONS OR LIMITATION OF LIABILITY SO SOME OF THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

RELEASE

If you have a dispute with one or more users or any third party vendors linked to our site, you release us (and our managers, members, employees, affiliates, agents and licensors) from any claims, demands and damages (actual and consequential) of every kind and nature, know and unknown arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which provides "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

INDEMNITY

You will indemnify and hold us and our managers, members, employees, affiliates, agents and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

MISCELLANEOUS

No spamming. You agree not to gather any email addresses through our site for purposes of spamming.

These Terms of Use will be governed in all respect by the law of the State of Colorado as they apply to agreements entered into and to be performed entirely within Colorado between Colorado residents, without regard to conflict of law provisions.

You agree that any claim or dispute you may have against us may be resolved by a court located in Denver County, Colorado. You agree to submit to the personal jurisdiction of the courts located within Denver County, Colorado for the purpose of litigating all such claims or disputes.

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Terms of Use effective as of April 15, 2008.