Legal
Effective as of January 1, 2023.
This Privacy Policy describes how Hoom Inc. (hereafter, “Hoom”) and our subsidiaries and affiliates (collectively, "Hoom R&D Private Limited," "we", “us,” or "our") process personal information that we collect through our website at home.llc and other online services that link to this Privacy Policy (collectively, the “Service”), our social media pages, marketing activities, and other activities described in this Privacy Policy. You also have certain rights under the Fair Credit Reporting Act.
California Residents: See the California privacy notice below for important information about our collection, use, and disclosure of your personal information as well as your California privacy rights.
Personal information we collect
Information you provide to us. Personal information you may provide to us through the Service or otherwise includes:
Contact data, such as your first and last name and email address.
Application data, such as your first and last name, email address, mailing address, phone number, home address, estimated home valuation, and other information you provide when you submit a prequalification request or application for one of our financial products.
Communications data about our communications with you, including when you contact us through the Service, social media, email, text messages, or otherwise, including the date, time, and contents of the message, and the email addresses, phone numbers (and carrier name), and social media handles from which your messages are sent.
Transactional data pertaining to your transactions with us, including information about any financial products we provide you.
Relationship data, such as the personal information of relatives or third parties that you provide to us.
Financial data, such as your stated income, credit score and credit history, and financial account numbers.
Government identification data, such as national identification number (e.g., Social Security Number, tax identification number, passport number), state or local identification number (e.g., driver’s license or state ID number), and an image of the relevant identification card.
Survey data, including information you share when you choose to participate in a survey. We recommend that you read any instructions, terms, or rules applicable to the survey before participating.
We may also collect other data not specifically listed here and will use it as described in this Privacy Policy or as otherwise disclosed at the time of collection.
Third-party sources. We may combine personal information we receive from you with personal information that we obtain from other sources, such as:
Public sources, such as government agencies, public records, and other publicly available sources.
Private sources, such as data licensors.
Marketing partners, such as joint marketing partners.
Third-party services, such as financial institutions from which you authorize us to retrieve your information for use in connection with our review of your application for our products or services, which may include your address and Social Security Number, account balances, transaction history, and length of relationship with the third party.
Automatic data collection.
We, our service providers, and our business partners may automatically log information about you, your computer, or mobile device, and your interaction over time with the Service, our communications, and other online services, such as:
Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, Bluetooth, LTE, 3G), and location data that can be derived from it, general location information such as city, state, or geographic area that can be derived from your IP address, and precise geolocation of your device when you authorize our mobile application to access it in your device’s settings.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails, forwarded them, or clicked links within them.
Location data, including the general location associated with your IP address or, when you authorize the Service to access it, your device’s precise location.
Cookies and similar technologies. Some of the automatic collection described above is facilitated by the following technologies:
Cookies, which are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place and “third party” cookies that our third-party business partners and service providers place.
Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email address was accessed or opened or that certain content was viewed or clicked.
Session replay services, which employ software code to record users’ interactions with the Services in a manner that allows us to watch DVR-like replays of those user sessions. The replays include users’ clicks, mouse movements, scrolls, and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. For example, we use session replay services provided by Hotjar. You can learn more about Hotjar at https://www.hotjar.com/legal/policies/privacy/ and how to tell Hotjar not to collect your data at https://www.hotjar.com/policies/do-not-track/.
How we use your personal information
We may use your personal information for the following purposes or as otherwise described at the time of collection:
Service delivery and operations. We may use your personal information to:
provide, operate, and improve the Service and our business;
communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages;
administer and communicate with you about surveys in which you choose to participate;
understand your needs and interests, and personalize your experience with the Service and our communications; and
provide support for the Service, and respond to your requests, questions, and feedback.
Marketing and advertising. We, our service providers, and our third-party advertising partners may collect and use your personal information for marketing and advertising purposes:
Direct marketing. We may send you direct marketing communications via mail, email, or (with your consent) text messages and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-out of marketing section below.
Interest-based advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the Automatic data collection section above) with the Service, our communications, and other online services over time and with different browsers and devices, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. We may also share contact data about our users with these companies to facilitate interest-based advertising to those or similar users on other online platforms.
Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services. As part of these activities, we may create aggregated, de-identified, and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified, or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.
Compliance and protection. We may use your personal information to:
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements or our internal policies;
enforce the terms and conditions that govern the Service; and
prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.
Cookies and similar technologies. The Service employs cookies and similar technologies to facilitate the purposes for which we use personal information:
Service delivery and operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and authenticating you into the Service, and to enhance the performance and functionality of our services.
Interest-based advertising. To facilitate interest-based advertising as described above.
Research and development. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails and advertisements. For example, we use Google Analytics cookies for this purpose. You can learn more about Google Analytics and how to prevent the use of Google Analytics relating to your use of our sites here: https://tools.google.com/dlpage/gaoptout?hl=en.
How we share your personal information
We may share your personal information with the following parties and as otherwise described in this Privacy Policy or at the time of collection.
Affiliates. Our corporate parent, subsidiaries, and affiliates.
Service providers. Third parties that provide services on our behalf or help us operate the Service or our business (such as mail delivery, hosting, information technology, customer support, email delivery, marketing, consumer research, and website analytics).
Advertising partners. Third-party advertising companies for the interest-based advertising purposes described above.
Professional advisors. Professional advisors, such as lawyers, auditors, bankers and insurers, where necessary in the course of the professional services that they render to us.
Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and protection purposes described above or as otherwise permitted by law.
Business transferees. Parties (and their respective advisors) to business transactions or proposed transactions involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Hoom (including, in connection with insolvency, bankruptcy or similar proceedings). Personal information may be also transferred to such parties in connection with due diligence preceding such transactions or as part of the transfer of assets/interests that occur when the transactions close.
Your choices
In this section, we describe the rights and choices available to all users. California residents can find additional information about their rights below.
Opt-out of communications. You may opt-out of marketing-related emails by following the opt-out or unsubscribe instructions at the bottom of the email or by emailing us at support@home.llc. Please note that changes requested of us may not be effective immediately, and until such changes take effect, you may still receive or not receive promotional communications from us. If you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. If you receive text messages from us, you may opt out of receiving further text messages from us by replying STOP to our message.
Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, certain features of the Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org. You can also configure your device to prevent images from loading to prevent web beacons from functioning.
Blocking web beacons. Most browsers allow you to configure your device to prevent images that would include web beacons/clear GIFs from loading. To do this, follow the instructions in your particular browser settings.
Advertising choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:
Browser settings. Changing your internet web browser settings to block third-party cookies.
Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
Platform settings. Google offers opt-out features that let you opt-out of use of your information for interest-based advertising. You may be able to exercise that option at the following websites:
Google: Opt-out (https://adssettings.google.com/)
Ad industry tools. Opting out of interest-based ads from companies that participate in the following industry opt-out programs:
Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
Digital Advertising Alliance: optout.aboutads.info.
You will need to apply these opt-out settings on each device and browser from which you wish to limit the use of your information for interest-based advertising purposes. We cannot offer any assurances as to whether the companies we work with participate in the opt-out programs described above.
Do not track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals unless we explicitly indicate otherwise. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Declining to provide information. We need to collect personal information to provide certain services. If you do not provide the information we identify as required or mandatory, we may not be able to provide those services.
Other sites and services
The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications, or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.
Security
We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies, and we cannot guarantee the security of your personal information.
International data transfer
We are headquartered in the United States and may use service providers that operate in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
Children
The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please email us at support@home.llc. If we learn that we have collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.
Changes to this Privacy Policy
We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.
How to contact us
Email: support@home.llc
Mail: Hoom Inc., 1325 Denlyn St., Novato, CA 94947
Phone: 415-707-0976
California Privacy Notice
This notice describes our collection, use, and disclosure of personal information of California residents in our capacity as a “business” under the California Consumer Privacy Act (“CCPA”) and their rights with respect to their personal information. For purposes of this notice, “personal information” has the meaning given in the CCPA but does not include information exempted from the scope of the CCPA. For example, the CCPA exempts information covered by our U.S. Consumer Privacy Notice or subject to the Fair Credit Reporting Act.
Your privacy rights. If you’re a California resident, you have the following rights under the CCPA:
Right to know. You can request information about the categories of personal information that we have collected; the categories of sources from which we collected personal information; the business or commercial purpose for collecting, sharing and/or selling personal information; the categories of any personal information that we sold or disclosed for a business purpose; and the categories of any third parties with whom personal information was sold, shared, or disclosed for a business purpose.
Right to access. You can request a copy of certain personal information that we have collected about you.
Right to deletion. You can request that we delete personal information that we collected from you.
Right to correction. You can request that we correct inaccurate personal information that we have collected about you.
Right to opt-out. You can request to opt-out of disclosures of your personal information that constitute “selling” or “sharing” of your personal information as defined in the CCPA.
Nondiscrimination. You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.
You may submit requests to exercise your right to know, access, deletion, and correction by submitting an online request here or calling us at 415-707-0976. The rights described above are not absolute, and in certain cases, we may decline your request as permitted by law. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
Identity verification. We need to verify your identity to process your requests to exercise your rights to know, access, deletion, and correction, and we reserve the right to confirm your California residency. To verify your identity, we may require you to log into an online account if you have one, provide identifiers we can match against information we may have collected from you previously, confirm your request using the email, or telephone account stated in the request, provide government identification, or provide a declaration under penalty of perjury, where permitted by law.
Authorized agents. Your authorized agent may make a request on your behalf upon our verification of the agent’s identity and our receipt of a copy of a valid power of attorney given to your authorized agent pursuant to applicable state law. If you have not provided your agent with such a power of attorney, we may ask you and/or your agent to take additional steps permitted by law to verify that your request is authorized, such as information required to verify your identity and that you have given the authorized agent permission to submit the request.
Information practices. The following describes our practices currently and during the past 12 months:
Sources and purposes. We collect all categories of personal information from the sources and use them for the business/commercial purposes described above in the Privacy Policy.
Sales and sharing of personal information. Our use of the interest-based advertising services described above may constitute “sharing” of your personal information from which you have the right to opt-out. That is because these services use our users’ personal information (specifically, the contact data, device data and online activity data described above in Personal information we collect) to show you ads they think may interest you on other online services. You can request to opt-out of this “sharing” of your personal information by clicking “Do Not Share My Personal Information” at the bottom of our webpage. Your request to opt-out will apply only to the browser and the device from which you submit the request. You can also enable the Global Privacy Control (GPC) to opt out of the “sharing” of your personal information for each participating browser system that you use. Learn more at the Global Privacy Control website: https://globalprivacycontrol.org. We do not “sell” personal information as defined by the CCPA and have no actual knowledge that we have sold or shared the personal information of California residents under 16 years of age.
Sensitive personal information. We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the CCPA.
Retention. We generally retain personal information to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. The length of time we retain particular categories of personal information is determined based on whether it is sufficient to achieve such purposes. When we no longer require the personal information, we may either delete it, anonymize it, or isolate it from further processing.
Collection and disclosure. The chart below describes the personal information we collect by reference to the categories of personal information specified in the CCPA (Cal. Civ. Code §1798.140), and the categories of third parties to whom we disclose it. The terms in the chart refer to the categories of information and third parties detailed above in the Personal information we collect section. Information you voluntarily provide to us, such as in free-form webforms, may contain other categories of personal information not described below. We may also disclose personal information to professional advisors, law enforcement and government authorities, and business transferees as described above in the How we share your personal information section of this Privacy Policy.
These Terms of Use were last updated March 13, 2023.
Welcome to Hoom Inc.! Please carefully review the following rules that govern your use of our website, home.llc.
This Terms and Conditions of Use Agreement (the “Terms of Use”) is a legal agreement between you and Hoom Inc. (hereafter, “Hoom”), a Delaware corporation (together with its related, affiliated, or subsidiary companies, “Hoom R&D Private Limited”, “we”, or “us”). These Terms of Use apply to home.llc (and any subdomains thereof) owned, operated, licensed, and controlled by Hoom (the “Site”). This Site is the property of Hoom. By using this Site, you signify that you have read and understand, and agree to be bound by, these Terms of Use, regardless of whether you are a registered user of our Site.
In addition to these Terms of Use, you may be subject to additional policies, such as our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures (collectively, the “Hoom Policies”), that may be posted on the Site from time to time. All terms from such Hoom Policies are hereby incorporated by reference. You also have certain rights under the Fair Credit Reporting Act.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE OTHER HOOM POLICIES, DO NOT USE THE SITE.
If you have any questions, complaints or suggestions regarding our Terms of Use or practices, please contact us at support@home.llc.
CHANGES TO TERMS OF USE OR SITE
Hoom reserves the right in its sole discretion, to change, modify, add, or remove portions of these Terms of Use and the other Hoom Policies at any time, without notice. It is your responsibility to check these Terms of Use and the other Hoom Policies periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Hoom may, at any time and without notice, modify or discontinue the Site. You acknowledge and agree that Hoom will have no obligation of any sort to you in connection with any such modification or discontinuance.
OUR AGREEMENT
The information contained on the Site is of a general nature and is not tailored to your individual circumstances. Information on the Site is not intended as an offer or commitment to enter into an agreement with you. Hoom reserves the right to refuse to provide our products and services to anyone at anytime. In addition to these Terms of Use, you may enter into other agreements with us that will govern your use of Hoom products or related services offered by us. If there is any conflict between these Terms of Use and such other agreements, the other agreement will control with respect to the specific aspects of the Hoom product to which it applies.
AUTHORIZED USERS
This Site is intended solely for users who are 18 years of age or older, and any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. Hoom does not knowingly collect information from persons under the age of 18.
By using the Site, you represent and warrant (i) that you are 18 or older, (ii) that you are legally qualified to enter into contracts under applicable law, and (iii) that you agree to, and to abide by, all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or otherwise violate an agreement between you and us, or for any other reason, Hoom may at any time in its sole discretion, with or without notice, (i) delete your account and any content or information that you have posted on the Site and/or (ii) prohibit you from using or accessing the Site. You agree that Hoom will not be liable to you or any third party for any termination of your account.
APPLYING FOR HOOM PRODUCTS
Your acceptance of the Consent to Electronic Communications and Electronic Signatures is required to apply for and use any Hoom products and related services. You may be required to register with Hoom in order to access and use certain features of the Site, such as applying for a Hoom product. To complete a Hoom application, you will be required to submit information about yourself (“Application Data”), either directly or indirectly by authorizing Hoom to retrieve your information maintained online by third party financial institutions and social media platforms with which you have customer relationships, maintain accounts, engage in financial transactions, or use their online services (the “Provider Services”). This Application Data may include personal information such as addresses and your Social Security number, as well as information from the Provider Services such as account balances, transaction history, length of membership with such third party institutions, educational background, and professional history, and Hoom uses this information in connection with our review of your application for Hoom products. During this stage of the application process, you may be directly or indirectly connected to the website for the Provider Services you have identified. Hoom may coordinate with one or more online financial service providers to access Application Data maintained on the third party site. Hoom may use and store the content to evaluate your Hoom application and to provide services to you, but Hoom does not store any user account credentials. The online financial service providers store your login credentials securely in a separate database using multi-layered hardware and software encryption.
By submitting information, data, passwords, usernames, PINs, other sign-in information, materials, and other content from third party sites and platforms to Hoom through the Site, you (i) hereby authorize and permit Hoom to use that content, and hereby license that content to Hoom, solely for the purpose of evaluating your Hoom application and providing related services to you and (ii) represent that you are entitled to submit such information to Hoom for use for this purpose, without any obligation by Hoom to pay any fees or other limitations. When you connect your third party accounts with the Site during your application process, you expressly authorize Hoom to access Application Data maintained by identified third parties, on your behalf as your agent. For purposes of these Terms of Use and solely to provide you with services in connection with your application for Hoom’s products, you grant Hoom a limited power of attorney, and appoint Hoom as your attorney-in-fact and agent, to access third party sites and retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN HOOM IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, HOOM IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY.
You understand and agree that the Site is not sponsored or endorsed by any third parties accessible through the Site. Hoom is not responsible for the accuracy of the information maintained by or on third party sites, nor for products or services offered by or on such sites. You further acknowledge and agree that we have no control over the provision of Provider Services or provision of access to the Provider Services by your provider(s), do not guarantee that you will be able to use the Site features with the Provider Services, and will have no liability whatsoever for any actions or inactions on the part of the third party sites resulting in your inability to use the Site to access your accounts, obtain data, download transactions, or otherwise use or access the Provider Services.
Application Data and certain other information about you is subject to our Privacy Policy, Credit Report Policy, and Consent to Electronic Communications and Electronic Signatures.
ACCURACY OF INFORMATION PROVIDED
In consideration of your use of the Site, you agree to (i) provide, or cause to be provided, including through third party sites, accurate, current, and complete Application Data and (ii) maintain and promptly update your Application Data (and any other information you provide to Hoom) so that it is accurate, current, and complete at all times.
RESEARCH DATA
Anonymous, aggregate information (consisting of financial account balances, other financial account data, or other available data that is provided by you) may be used by us or our third party vendors to conduct certain analytical research, performance tracking and benchmarking. Our third party vendors may publish summary or aggregate results relating to metrics comprised of research data, from time to time, and distribute or license such anonymous, aggregated research data for any purpose, including but not limited to, helping to improve products and services and assisting in troubleshooting and technical support. Your personally identifiable information will not be shared with or sold to third parties.
AUTHORIZATION TO CONTACT
By submitting information to Hoom through our Site or otherwise, you are making an inquiry as to the products offered by Hoom and give Hoom permission to contact you through email, fax, or telephone or any other means, even if your phone number is on a “Do Not Call” registry. When you submit information through our Site, we may send your information to our affiliates or service providers.
CELLULAR PHONE CONTACT POLICY
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider.
CONSENT TO SHARE INFORMATION WITH CONTRACTORS
I expressly authorize Hoom to share my information including my name, address, anticipated funding amount, and anticipated funding date with general contractors that I may be working with for the sole purpose of providing the contractor with the status of my transaction. I understand that I may withdraw my consent at any time by contacting Hoom by phone at 415-707-0976 or by email at support@home.llc.
ACCOUNT SECURITY
Hoom may use passwords to prevent unauthorized access to certain areas of our Site. You are solely responsible for maintaining the confidentiality of your user name, password and other security-related identifiers. You are solely and fully responsible for all use of your account and for any actions that take place using your account or under your user name and password. You agree to immediately notify us of any loss, theft, or unauthorized use of your password or account and of any other security breach relating to you. Hoom will not be responsible for any losses or damages arising out of the unauthorized use of your account, and you agree to indemnify and hold harmless Hoom, its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Hoom Parties”), for any improper, unauthorized or illegal uses of your account.
LICENSE
Hoom grants to you a personal, non-exclusive, non-transferable, limited license to access and use the Site in accordance with these Terms of Use. Hoom reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of this Site not specifically permitted under these Terms of Use is expressly prohibited. This license is revocable by Hoom at any time without notice and with or without cause.
INTELLECTUAL PROPERTY
All content on this Site, including but not limited to web pages, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, text, graphics, images, artwork, logos, icons, audio clips, and video clips (collectively, the “Content”), are owned by Hoom or its affiliates, or by third party content providers, merchants, sponsors and licensors, and all right, title and interest therein shall remain the property of Hoom and/or such third parties. All Content is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. You are authorized solely to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on this Site for the purpose of transacting business with Hoom. You agree that you will not duplicate, publish, frame, modify, edit, reproduce, sell, display, transmit, create derivative works from, participate in the transfer of, post on the World Wide Web, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of Hoom. Additionally, you agree that you will not (i) remove or alter any author, trademark or other proprietary notice or legend displayed on the Site (or printed pages produced from the Site); or (ii) make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business with Hoom. As a condition to your use of this Site, you warrant to Hoom that you will not use our Site for any purpose that is unlawful or prohibited by these Terms of Use.
USER REPRESENTATIONS
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, transmit, share, store, publish, display or otherwise make available (hereinafter, “upload”) or email or otherwise use via the Site. You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise uploaded by you through the Site (i) violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal proprietary rights, (ii) violate any contractual, fiduciary or judicially imposed nondisclosure obligations, or (iii) contain libelous, defamatory or otherwise unlawful material. You agree that you may not use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. Violations of system or network security may result in civil or criminal liability.
You further agree not to use the Site to:
probe, scan or test the vulnerability of this Site or the Hoom network or breach security or authentication measures without proper authorization;
interfere with or disrupt the Site or servers or networks connected to the Site (including, without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”), or disobey any requirements, procedures, policies or regulations of networks connected to the
upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
access data that is not intended for you;
invade the privacy of, obtain the identity of, or obtain or access personally identifying information of other users of this Site;
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the
upload or make publicly available on the Site any private information of any third party without authorization, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
register for more than one user account or register for a user account on behalf of an individual other than yourself;
use or attempt to use another's account, service or system without authorization from Hoom, or create a false identity on the Site;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
upload any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
intimidate or harass other users;
upload any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
upload content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Hoom or its users to any harm or liability of any type;
upload content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, or any regulations having the force of law; or
further or promote any criminal activity or enterprise or provide instructional information about illegal activities. You shall not and shall not permit any third party to, directly or indirectly: (i) reverse engineer, decrypt, decompile, decode, disassemble, or otherwise attempt to obtain the source code to the applications developed or owned by Hoom (the “Developer Applications”) that are contained in the Site; (ii) rent or time-share the Developer Application or host the Developer Application in a multi-tenant environment; (iii) remove or destroy any copyright notices, proprietary markings or confidential legends placed upon or contained within the Developer Application or any copies thereof; (iv) engage in any activity with the Developer Application that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of any third party; and (v) use the Developer Application or data provided via the Developer Application in any way in furtherance of criminal, fraudulent, or other unlawful activity. You must comply with applicable laws and regulations in using, accessing or distributing the Developer Application, including any data provided via the Developer Application.
THIRD PARTY WEBSITES
This Site may contain links to outside services and resources, the availability and content of which Hoom does not control. Such links are provided for your reference and convenience only. We are not responsible for examining or evaluating, and we do not warrant or endorse, the offering of these businesses or individuals or the content of their web sites. Hoom does not assume any responsibility or liability for the actions, products, and content of these or any other third parties. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Some of the services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at https://www.google.com/intl/en_us/help/terms_maps.html.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically to the extent permissible by law. We will communicate with you by email or by posting notices on this Site. 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 to the extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You may unsubscribe from future promotional emails by clicking on the opt-out/unsubscribe link and following the instructions contained in any of the automated emails that you receive from us. You are deemed to have received electronic messages sent to you when they are sent to the most recent email address that you provided to us. Your electronic communications with us are further subject to our Electronic Communications and Electronic Signatures Policy.
MONITORING AND RECORDING COMMUNICATIONS
You understand and agree that we may monitor and/or record any communications between you and us for quality control and other permitted business purposes. You also understand and agree that this monitoring or recording may be done without any further notice to you or anyone acting on your behalf.
DISCLAIMER OF WARRANTIES
HOOM DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE MATERIAL IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS- AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOOM CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE INFORMATION PUBLISHED HEREIN, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY RELATING TO THE COMPLETENESS, ADEQUACY, TIMELINESS, OR ACCURACY OF ANY INFORMATION ON THE SITE. HOOM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOOM FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The Site may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. Hoom assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Hoom will not be liable for any loss that results from (i) the failure of electronic or mechanical equipment or communication lines, (ii) telephone network issues, (iii) viruses, bugs, errors, configuration problems or the incompatibility of computer hardware or software, (iv) the failure or unavailability of Internet access, (v) problems with Internet service providers or other equipment or services relating to your computer or network, (vi) problems with computer or communications networks or facilities, (vii) problems with data transmission facilities or your telephone, cable or wireless service, or (viii) unauthorized access, theft, operator error, severe weather, earthquakes, or other natural disasters or labor disputes. Hoom is also not responsible for any damage to your computer, software, modem, telephone, wireless device or other property related in any way from your use of the Site.
LIMITATION OF LIABILITY
HOOM’S LIABILITY IS LIMITED. EXCEPT WHERE PROHIBITED BY LAW, NONE OF THE HOOM PARTIES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF HOOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN A WRITTEN AGREEMENT WITH YOU, HOOM'S MAXIMUM LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS SITE, OR ITS CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOOM AND YOU, AND THAT THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
INDEMNITY
By using the Site, you agree to defend, indemnify, and hold harmless the Hoom Parties from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees and costs) arising out of or relating to (i) your use of this Site or the Content, (ii) your breach of these Terms of Use or (iii) your submission to Hoom of incomplete, inaccurate or untimely Application Data or other information. The Hoom Parties reserve the right to assume or participate through the counsel of their choice, at your expense, in the investigation, settlement and defense of any such action or claim.
EXPORT RESTRICTIONS
You acknowledge that the Site features and any software underlying such Site are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or Site features, directly or indirectly, to: (i) any countries that are subject to U.S. export restrictions; (ii) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (iii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.
SEVERABILITY; ENTIRE AGREEMENT
Any failure by Hoom to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms. If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms of Use constitute the entire agreement between you and Hoom with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hoom with respect to such use are hereby superseded and cancelled.
LAW AND VENUE
This Site is located in the State of California. These Terms of Use and the relationship between you and Hoom shall be governed by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of this Site or the Content. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of this Site or the Content must be filed within one year after such claim or cause of action arose or be forever barred.
RELATIONSHIP
Without limiting any other provision of these Terms of Use and except as otherwise provided herein, these Terms of Use create no agency, partnership, joint venture, or employee-employer relationship between you and Hoom.
CUSTOMER SERVICE
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with Hoom, call us at 888-764-6823 or email us at support@home.llc.
PRIVACY
At Hoom, we respect the privacy of our users. Please review our Privacy Policy (which also governs your visit to our Site) to understand our practices. By using the Site, you consent to our collection and use of personal data as outlined therein. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, notwithstanding Hoom's efforts to protect such transmissions.
Consent to Electronic Communications and Disclosures
Welcome to Home LLC! To utilize our electronic services, you must agree to the terms outlined in this Consent to Electronic Communications and Disclosures ("Consent"). This Consent governs your use of Home LLC's electronic services, enabling you to initiate transactions and communicate with us electronically. We may also be required by law to provide you with certain written information, notices, or disclosures, which with your consent, we will deliver to you electronically.
1. Definitions
In this Consent, "you" and "your" refer to the individual giving consent and any authorized representatives. "Home," "we," "us," or "our" refers to Home LLC and its related companies. "Website" encompasses home.llc and its subdomains.
2. Scope of Your Consent
This Consent applies to all communications, disclosures, notices, terms, conditions, and other documents related to Home LLC's products. Your consent remains effective until expressly withdrawn.
3. Consent to Method of Electronic Communication
All communications provided to you electronically will be sent either directly to the email address provided on your application or through our Website. Documents may be delivered in PDF format. By affirmatively consenting, you agree that electronic documents or communications have the same legal effect as written and signed paper documents.
4. Receiving a Paper Copy
You have the right to request a paper copy of any electronic document or communication, including this Consent. You may request a paper copy at no charge by emailing notice@home.com or calling (855)-223-3144.
5. Hardware and Software Requirements
By affirmatively consenting, you acknowledge that you have the necessary hardware and software to access, view, and retain electronic communications from Home LLC. We will notify you of any changes to these requirements.
6. Electronic Signatures
By affirmatively consenting, you acknowledge that you are voluntarily signing certain Home LLC documents electronically. Your electronic signature binds you to the terms and conditions to the same extent as a signature on paper. Certain real estate transaction documents may require a paper signature in front of a notary public.
7. Withdrawing Your Consent
You may withdraw your consent to receive electronic notices by contacting us as described in Section 4. Please note that withdrawal of consent may result in termination of your access to our electronic services.
8. Updating Your Contact Information
You must notify us of any change in your email address by emailing notice@home.com.
9. Acknowledgement
By affirmatively consenting, you acknowledge your consent to receive electronic communications and agree to comply with the provisions of this Consent until or unless you notify Home LLC of withdrawal.
Changes to Credit Authorization Policy
Home reserves the right, at its sole discretion, to modify, add, or remove portions of this Credit Authorization Policy at any time without notice. It is your responsibility to periodically review this policy for changes. Your continued use of the Site or submission of an inquiry, pre-qualification request, and/or application indicates acceptance of any changes.
Consumer Reports
In connection with your inquiry regarding qualification for a Home investment ("Pre-Qualification Inquiry") or your application for a Home investment on the Site ("Application"), we may request consumer reports and related information about you. These requests are regulated by the Fair Credit Reporting Act. By providing written instruction, you authorize Home to obtain such reports from U.S. national credit reporting agencies like Experian, Equifax, and TransUnion ("Credit Bureaus").
Inquiry & Pre-Qualification
For your Pre-Qualification Inquiry, we may conduct a "soft credit pull" through Credit Bureaus to assess your initial qualification for a Home investment. This will not impact your credit score. By submitting your Pre-Qualification Inquiry on the Site, you authorize Home to obtain information from your credit profile. Upon request, we will disclose the Credit Bureau(s) from which we obtained your consumer report.
Investment Application
If you meet initial eligibility requirements and decide to submit an Application, we may conduct a "hard credit pull" to verify your identity and make decisions regarding your Application. This inquiry will impact your credit score. By submitting your Application on the Site, you authorize Home to obtain information from your credit profile. Upon request, we will disclose the Credit Bureau(s) from which we obtained your consumer report.
Verification of Mortgages & Liens
You consent to Home obtaining verification reports for your mortgage(s) and related liens (Verification of Mortgage "VOM") from lenders and mortgage servicing agencies to evaluate your application. VOM documents your mortgage payment history and other relevant information. We may also use VOM reports to verify balances, monthly payments, and monitor your mortgage information. We may anonymize and use any obtained reports to improve our business and develop new products and services.
Monitoring Investments
If you complete an investment with Home, you authorize us to obtain consumer reports through soft credit pulls during the investment term for servicing and monitoring purposes.