HomeStart [hereinafter “Agency”] provides an online portal for homeowners to apply to their county’s foreclosure mediation program.
When you open an account to use or access certain portions of the Agency’s website or service, you must complete the application process by providing the complete and accurate information requested on the application form. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify the Agency immediately of any unauthorized use of your account, user name or password. The Agency shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by the Agency, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password.
Ownership - This Site is owned and operated by HomeStart. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the Agency or by its respective partners, third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by the Agency, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Agency’s intellectual property rights, whether by estoppels, implication, or otherwise. The Agency does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Agency. Any rights not expressly granted herein are reserved by the Agency.
Limited Permission - The Agency hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the Materials are not used on any other Web site or in a networked computer environment and (ii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Third Party Sites - This Site may contain links to Web sites controlled by parties other than the Agency (the "Third Party Sites"). The Agency works with a number of partners and affiliates whose sites are linked with the Agency. The Agency is not responsible for and does not endorse or accept any responsibility for the availability, the contents, the products, the services or the use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. The Agency makes no guarantees about the content or quality of the products or services provided by such sites. The Agency is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Agency is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Agency of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that the Agency is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
LIMITATION OF LIABILITY - IN NO EVENT SHALL THE AGENCY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF THE AGENCY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification - You agree to defend, indemnify and hold harmless the Agency, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
Compliance with Export Restrictions - You may not access, download, use or export the Site or Materials in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials, or any direct product there from, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for any prohibited purpose.
Access - The Agency grants the user a limited right to access the application. This access right will be in place while the applicant is in the Mediation Program. Upon the termination of the access period, any and all rights created for the user to access the questionnaire shall expire. If the access period lapses without submission of the application for processing, the Agency has no further obligation to user including, but not limited to, providing access to the application.
Authorization to share information - The Agency agrees to maintain the confidentiality of user’s information; however, user authorizes the Agency and its Mediation Program Affiliates to release/exchange information from user's records in order to assist user in pursuing foreclosure prevention options including, but not limited to, loan modification, forbearance agreement, short sale, deed-in-lieu, etc. This information will be released only to those institutions, companies and agencies that the Mediation Program believes can provide assistance in preventing a mortgage foreclosure. Examples of such entities include mortgage servicers, mortgage investors, public agencies, real estate related service providers and other nonprofit organizations. If necessary, information on file at another entity may also be released to the Mediation Program. In accordance with appropriate disclosures, non-identifying information may be released to funders of the Mediation Program and/or the Agency. This information release/exchange will be restricted to specific financial data, such as income, budget, debt and mortgage details provided by you. This authorization will remain valid until revoked in writing by the user.
WARRANTY - THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGENCY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE AGENCY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE AGENCY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
Acknowledgement - BY USING THE AGENCY’S SERVICES OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.