TERMS OF USE

HOMEUNION HOLDINGS, INC. TERMS OF USE
HomeUnion, Inc. (CA BRE Lic#01526904)  (“HomeUnion or the “Company), is a company registered in the State of California, which operates investment property market places for traditional and IRA-based property investing.  The Company owns and operates the following web site domains and the policy outlined here encompasses all these domains:

  1. HomeUnion.com
  2. HomeUnionServices.com
  3. InvestmentPropertyMarketplace.com
  4. IRApad.com
  5. UnApartment.com
  6. HomeUnionMD.com
  7. HomeUnionRentals.com

ACCEPTANCE OF THE TERMS OF USE AGREEMENT

The HomeUnion website, located at https://www.HomeUnion.com (the “HomeUnion Website” or the “Site”) is a website owned and operated by HomeUnion, Inc. The submission of information to, and use of any and all information services available through the HomeUnion Website is subject to the following terms and conditions (the “Terms of Use Agreement” or “Terms and Conditions”).  Please read this Terms of Use Agreement carefully.  By interacting with, submitting information to, and/or accessing information from the HomeUnion Website, You, the end user Client (“Client”) AGREE TO ALL OF THE TERMS AND CONDITIONS in this Terms of Use Agreement.  These Terms constitute a legal agreement between you and HomeUnion, Inc.

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to HomeUnion through the HomeUnion website, Client agrees to be bound by the following terms and conditions. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. HomeUnion, or any of its affiliated entities, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, HomeUnion and its affiliated entities are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the HomeUnion Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the HomeUnion Website, Client hereby grants HomeUnion and its affiliated entities a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use Client’s name and other identifying information in connection with such Unsolicited Information.

If you do not agree to these Terms and Conditions, do not submit information to, or access information from the HomeUnion Website. HomeUnion may update the HomeUnion Website terms of use at any time without notice, and continued interactions with the HomeUnion website constitutes acceptance of the most recently updated Terms of Use Agreement. The latest Terms of Use Agreement is available at all times on the HomeUnion Website.

HomeUnion is not an investment adviser, is not advising on securities and is not utilizing the HomeUnion Website to provide investment or other advice, and no information or material available through the HomeUnion Website shall constitute investment advice. No material available through the HomeUnion Website shall be used or considered as an offer to sell or a solicitation of any offer to buy securities of any product. Offers can only be made where lawful under, and in compliance with, applicable law. HomeUnion does not provide investment advisory, tax, legal or financial services, and recommends that you consult a licensed real estate, tax, legal, accounting or investment professional to perform an independent analysis before making decisions regarding the purchase or sale of real estate.

HomeUnion offers several services to individuals engaged in the real estate investment process. Any rental management services offered by HomeUnion or any of its affiliated entities is wholly separate from brokerage services offered by HomeUnion or any of its affiliated entities. Clients are free to use any or all of such services.

The performance information shown on the HomeUnion Website are projections based upon the basic information you have provided and representative properties. These are not actual results. The data is based upon the potential performance of representative properties. These specific properties may or may not be available at the time of any potential investment. Further, you select the specific properties you are interested in; thus the performance of those specific properties selected will differ.

The data presented is subject to significant assumptions. While HomeUnion believes the assumptions used to generate this data are reasonable, these assumptions are subjective in nature and other assumptions may also be reasonable. Different assumptions may result in materially different returns. Prospective Clients should satisfy themselves that they understand the assumptions used and their effect on these projections. Clients should understand that they may lose some or all of their investment. The projections set forth in these materials are provided to you on the understanding that you will understand and accept the inherent limitations of such results, will not rely on them in making any decision to invest in a property. No representation is being made that a performance record similar to the projected returns will or is likely to be achieved. Further information is available upon request.

The projected returns are being shown on a net basis, net of estimated expenses for Property Taxes, Insurance, HOA , Property management and Asset management fees, rehabilitation cost, closing costs and estimated provisions for vacancy and repairs and maintenance.

The featured sponsors, professionals, advertisers, property inventory providers or other third parties shown on or linked through the HomeUnion Website are not affiliated with HomeUnion. HomeUnion.com does not endorse, guarantee, warrant, and/or evaluate information, services, performance, and/or opportunities provided by our featured sponsors, professionals, advertisers, and/or inventory providers.

The HomeUnion Website may periodically provide links to third party websites. The Terms of Use Agreement govern only the HomeUnion Website and not any such third party websites. HomeUnion’s decision to link to a third party website is not an endorsement of the content or services in that linked third party website. If you decide to access linked third party websites, you do so at your own risk. You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.

Any information, variables and calculation results shown regarding individual properties and/or the real estate market (whether in a large or particularized area) are for illustrative purposes only and should not be relied on as your sole or primary means for making real estate investment decisions. HomeUnion and our affiliates have not verified the information and make no guarantee, warranty or representation about it. Though care has been taken to ensure that the information comes from reliable and verified sources, investors are advised to perform their own checks and due diligence. HomeUnion shall not be held responsible for any information appearing on the website.

HomeUnion is not a lender and the exact terms of any loan used to finance real estate maintenance or acquisitions will be decided between the lender and the investment property account holder. Any loan-related information provided is for informational purposes only. Actual loan terms and conditions may vary based upon properties, down payments and a number of other factors. Any information shown related to financing is subject to credit and other approvals.

All questions concerning this Agreement should be directed to: info@HomeUnion.com

OR by Mail to:

HomeUnion, Inc.
2010 Main Street, Suite 250
Irvine CA 92614
ATTN: Member Care

MEMBERSHIP PRIVILEGES

The HomeUnion Website extends membership privileges to individuals and entities. By providing us with your email address and becoming an HomeUnion.com member, you are giving us permission to send you electronic newsletters and email notifications that are provided as services by HomeUnion.com. Of course, you may elect to opt-out of the receipt of these services at any time by simply responding to the service that you received.

No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the password-protected areas of the HomeUnion website without express written permission from HomeUnion, Inc. Membership privileges to the HomeUnion Website are granted by HomeUnion, Inc. to those who are offered the opportunity to join the HomeUnion Website through invite or referral, and only after choosing to sign up as a HomeUnion Registered Member (“Member”), such privileges are exclusively granted to the Member only. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered Member without the express written permission of HomeUnion, Inc. Use of the site requires that each Member maintain a valid email address and a password, which shall be utilized for logging on to the HomeUnion Website. Members are not permitted to share their individual logon information with others. HomeUnion, Inc. has the right to refuse HomeUnion Website access to any person who refuses to abide by the terms and conditions herein or abuses their rights related to the HomeUnion Website.

HomeUnion utilizes email as a vital and primary communication channel with Clients. The Member hereby acknowledges and grants HomeUnion, Inc. and the HomeUnion Website the permission to communicate with Member via email (as well as other communication channel such as phone and/or fax) for any purposes HomeUnion, Inc. and or HomeUnion Staff determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. HomeUnion, Inc. will use its best efforts to honor Client’s request to opt out of marketing messages, but under no circumstances will HomeUnion, Inc. have any liability for sending any email to HomeUnion Website Registered Members.

The member acknowledges entering into a lawful consumer-broker relationship with HomeUnion if they choose to acquire properties through HomeUnion and has a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through HomeUnion.

NO RESPONSIBILITY FOR CONNECTIVITY

Client is responsible for the means you use to access the Site and all costs associated therewith. HomeUnion is not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the HomeUnion Website.

USE OF INFORMATION

Client agrees to treat all information obtained from the HomeUnion Website, including listings, search format, search methodology, resource information, blog or social media information, and any information otherwise made available to the Client, (individually and collectively known as “HomeUnion Content”), as proprietary to HomeUnion, Inc. Client agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of HomeUnion, Inc. HomeUnion, Inc. does not ensure the accuracy of, endorse or recommend any HomeUnion Website Content and Client uses such Content at the Clients’ own risk. Client may access the Property Listings (the “Listings”) solely to obtain initial information from which further evaluation and investigation may commence. The listing details of these properties are also shared with other clients. At the time of acting on a specific listing, it is possible that the properties are in escrow or already sold. In such situations, HomeUnion may share the listings of other available properties from the inventory.

Client shall limit access to and use of Listings and all HomeUnion Content to personal and internal use, and shall not use Listings or any other HomeUnion Content for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Client shall not use or reproduce Listings obtained from HomeUnion for or in connection with any other listing service or device. Clients violating these specific terms, including those Clients utilizing the HomeUnion Website in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership, and any and all other remedies available to HomeUnion by state and/or federal law.

SUBMISSION AND ADMINISTRATION OF LISTING      

Client agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to the HomeUnion Website unless the Client has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Client’s website or on the HomeUnion Website or associated websites. Specifically, Client will not submit a photograph if Client received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the HomeUnion Website. HomeUnion, Inc. may, in its sole discretion but without any obligation to search for such, remove properties from display on the HomeUnion Website that are alleged to have been submitted in violation of this provision. In addition, HomeUnion, Inc. may require additional evidence of compliance with this provision from Clients who are alleged to have submitted properties or other information in violation of this Agreement. HomeUnion, Inc. will, in its sole discretion, terminate the accounts of, and refuse service to, any Client who repeatedly or knowingly violates this Agreement. Client agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the HomeUnion, Website. Additionally, the Client agrees to allow the Property Listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Client’s website or the HomeUnion Website. HomeUnion, Inc. shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the HomeUnion Website and HomeUnion, Inc. shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Client (a) represents and warrants that all properties and associated information provided by the Client will be accurate; (b) agrees that the Client will not permit the posting of a property on the HomeUnion Website under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Listings related to the properties provided by the Client and maintain their accuracy at all times. HomeUnion, Inc. reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on the HomeUnion Website. HomeUnion, Inc. accepts no responsibility for checking the accuracy of reports or data files submitted by the Client. While HomeUnion, Inc. shall take all reasonable efforts for data backup and business resumption, the Client will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to HomeUnion, Inc. for the HomeUnion Website.

REFERRAL AGREEMENT- (Licensed Real Estate Professionals Only)

Members who are licensed real estate professionals and who send referrals (Referring Member) will be assigned to said referrals as the local expert on real estate within the state chosen in their HomeUnion.com profile (designated state). Outside the Referring Member’s designated state, referrals will be assigned a licensed buyer’s agent who has agreed to pay Referring Member a referral fee equivalent to a mutually agreed gross commission received by said buyer’s agent. This shall apply to all referrals from Referring Member for as long as the Referring Member remains a member of HomeUnion.com.

DISCLAIMERS AND LIMITATIONS

HomeUnion, Inc. will make every reasonable effort to ensure that the information contained on the HomeUnion website is accurate and reliable; however, errors sometimes occur. in addition, HomeUnion may make changes and improvements to the information provided herein at any time. this website and the information, software, products and services associated with it are provided “as is.” HomeUnion and/or its suppliers or real estate investor professionals disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. use of this web site and/or other HomeUnion sites is at client’s own risk. HomeUnion and/or its suppliers or real estate investor professionals are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of this web site and/or HomeUnion’s services or with the delay or inability to use this web site, or for any information, software, products and services obtained through this web site, or otherwise arising out of the use of this web site, whether resulting in whole or in part, from breach of contract, negligence, strict liability or otherwise, even if HomeUnion and/or its suppliers, or real estate investor professionals had been advised of the possibility of damages. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to the client.

 LIMITATION OF LIABILITY AND INDEMNIFICATION

As a condition of use of this web site and/or HomeUnion website services, client agrees that in no event shall HomeUnion, Inc. be liable for any indirect, special, incidental or consequential damages (including without limitation, damages for loss of business profits, loss of business, loss of use or of data, or interruption of business) arising out of this agreement. Client’s exclusive remedy, and HomeUnion, Inc.’s entire liability under this Agreement shall be a refund to Client of the fees paid to access HomeUnion Website hereunder, and in no event will HomeUnion liability for any reason exceed such fee. HomeUnion, Inc. (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Client’s use of the Deliverables, and Client shall indemnify HomeUnion, Inc.(and its officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Client arising from Client’s use or application of the Services or the Deliverables.

ERRORS, OMISSIONS AND DELAYS

HomeUnion, Inc. is not responsible for any errors, omissions or delays in responding to an offer, counteroffer, inquiry or accessing real estate investor professional services caused by an incorrect e-mail address provided by the Client or third party service provider, or other technical problems within or beyond our reasonable control.

BOOKS AND RECORDS

Members may store certain documents related to real estate transactions in the HomeUnion Website’s “myVault” application. HomeUnion shall not be liable for the loss of any documents stored in the myVault application, and Members should ensure that they make provisions for the secure, off-site storage of any documents available to them through the myVault application.

OWNERSHIP AND LICENSE GRANT

HomeUnion, Inc. retains all rights (including intellectual property rights), title and interest in the HomeUnion Website, HomeUnion Content, HomeUnion Website Database, HomeUnion Technology, and all underlying technology and data including any enhancements and improvements thereto. Client will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or algorithms or sequence of HomeUnion Website technology, or delete or alter author attributes or copyright notices. Client shall use the HomeUnion Website solely for its own use and shall not allow others to use the HomeUnion Website under or through that Client login email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

Client will not and will not allow others to: copy, redistribute, or retransmit, any of the listings information provided except in connection with the Client’s consideration of the purchase or sale of an individual property.

NOTICES

All notices to HomeUnion, Inc. must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to HomeUnion, Inc. physical address.

ASSIGNMENT

This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by Client without the prior written consent of HomeUnion, Inc., which retains the right to withhold consent in its sole discretion.

OTHER TERMS

This Agreement constitutes the entire agreement between the Client and HomeUnion, Inc. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between the Client and HomeUnion, Inc. with respect to HomeUnion Website and information, software, products and services associated with it.

OTHER RIGHTS OF HOMEUNION, INC.

Client agrees that HomeUnion, Inc. shall have the right to use Listings and other information submitted to HomeUnion Website for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by HomeUnion, Inc. Clients and partners. HomeUnion, Inc. shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. HomeUnion, Inc. shall have no obligation to (i) resolve disputes among users of the HomeUnion Website; or (ii) monitor or verify the accuracy or proper use of the Listings. HomeUnion, Inc. reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on HomeUnion Website, located at https://www.HomeUnion.com.

TERMINATION

HomeUnion reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or any part of the HomeUnion Website, at any time and for any reason without prior notice or liability. HomeUnion reserves the right to change, suspend or discontinue all or any part of the HomeUnion Website at any time without prior notice or liability.

SECURITY OF THE SITE

Actual or attempted unauthorized use of the HomeUnion Website may result in criminal and/or civil prosecution. HomeUnion reserves the right to view, monitor and record activity on the HomeUnion Website without notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the HomeUnion Website. HomeUnion will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.

GOVERNING LAW

This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.