Instructions We know that it isn’t very much fun to read terms and conditions in a wall of text full of legalese before you get started. But this is an important transaction, and there are important things in these Terms and Conditions of Use. We’ve tried to write them in a way that is easy to read and understand. And we’ve broken them up into digestible parts so you won’t get bogged down and just skip through them. If you do not agree to these Terms and Conditions of Use, please do not use the Homevana.com website.


The following legal documents are also required to sign in order to list your home in the MLS. Click below to preview them:
Agency Relationship
MLS Listing Agreement

This is the final purchase contract that both seller(s) and buyer(s) will sign:
California Residential Purchase Contract

Terms and Conditions of Use ("Terms")
Introduction
Thanks for using Homevana.

Please read these Terms carefully. By using Homevana or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

We’ll start with the basics, including a few definitions that should help you understand this agreement. Homevana (the “Service”) is a Software as a Service (“SaaS”) that delivers a do-it-yourself publishing software offered through the URL www.Homevana.com (we’ll refer to it as the “Website”).

For sellers – The Website allows you to

publish

information about your property and offer it for sale to potential buyers, communicate with those potential buyers, and negotiate the terms of sale with buyers-whether or not the buyers have a real estate agent representing them.

For buyers – The Website allows you to make an appointment to see the seller’s home, view information about the seller’s property, make and negotiate offers

directly

to a seller, negotiate the terms of sale with a seller, and complete the entire sales

transaction

online.

As someone using the Service or a representative of an entity that is a user of the Service, you are a “User” according to this agreement (or “you”). Homevana.com is operated by Homevana, Inc., a California corporation (“Homevana,” “we,” “us,” or “our”). Homevana is not a real estate agent or broker and is not engaged in real estate services. By law, Homevana cannot and will not give you any real estate advice or information on matters requiring a real estate license. Homevana is also not an attorney, legal counsel, or law firm. We cannot and will not give you any legal advice. Homevana is not a title insurance company, mortgage company, moving company, appraiser, staging company, photographer, virtual tour creator, lockbox provider, or marketing flyer maker. We cannot and will not give you any advice about any of those products or services. You get the picture. We won’t be giving you any advice about anything except how to use the Website or the Service. Homevana is just a super cool and transparent publishing and communications platform for sellers and buyers to get together and complete a home sale transaction.

That being said, we recognize that selling or buying a home yourself can be a little intimidating. That is why Homevana has

compiled

news articles, statistics, and other factual information that you can use to educate yourself and help make decisions. Homevana has also provided help bubbles throughout the Website to offer this same type of information as you move through the process. The help bubbles look like this and you just need to hover over or click on them with your mouse to reveal their contents. Homevana has employees, independent contractors, and/or other representatives ("our Team") that are available between the hours of 8 a.m. and 5 p.m. Pacific Standard Time to assist you.

As we said before, our Team cannot by law offer you advice about what price you should set, how much you should offer, whether you should accept a potential buyer’s offer, etc. But we can help you if you get stuck anywhere in the process while using the Website. For example, if you cannot move past a step in a wizard (a step-by-step process for gathering your information and putting it into one form or another), our Team may be able to

assist

you in identifying what needs to be filled in, checked off, or otherwise completed. Our Team may also be able to answer general questions about what happens after your property is listed in the MLS, which websites your listing will be

syndicated

to, how to use the communications tool, etc.

There are also professionals such as attorneys, home inspectors, photographers, and others who advertise on the Website. You can contact these advertisers through the Website and hire them to assist you with any of those specialized needs that Homevana cannot provide. And, of course, you are always free to hire, engage, or employ your own professionals to assist you, as well.

Homevana works with a sister company, Retopia, Inc. (“Retopia”), which is a real estate brokerage. If you are a User of the Service selling your home, you will be asked to enter into an agreement with Retopia (or any other licensed real estate brokerages ["Brokers"] that Homevana works with) for certain limited real estate services such as listing your property in an MLS. You agree that you will only use Brokers that we have selected for those limited real estate services. If you do not want to use these Brokers, please do not use Homevana. Brokers’ services are separate from and not a part of the Service that we are referring to in this agreement. But your agreement to these Terms (including but not limited to the E-Signature policy) will apply to your relationship with Brokers.

You agree that Homevana or Brokers may electronically publish information about you and your property on the Website and other third party websites for the purpose of allowing you to market and sell property owned by you for a specific period of time set by you. This information about you and your property may include but is not limited to your name, contact information,

profile

, and property address. You understand and agree that your information will be published TO THE WORLD on the Internet and that your information may be viewed by anyone at any time.

These Terms along with our Privacy Policy, Acceptable Use Policy, Copyright Policy, Document Retention Policy, API Guidelines, and Electronic Signature (E-SIGN) Policy define the terms and conditions under which you’re allowed to use Homevana and how we’ll treat your account while you’re a User. If you have any questions about our terms, feel free to contact us.
ACCOUNT
Eligibility

In order to use Homevana, you must meet the following requirements:
  • Be at least eighteen (18) years old and able to enter into contracts
  • Complete the registration process
  • Agree to the Terms
  • Provide true, correct, complete, and up-to-date contact information
  • Not be an active, licensed real estate salesperson, broker or other real estate sales license holder

In addition, If you are married or own your home with someone else, that other person or persons must also complete the registration process using a different working email address

By using Homevana, you

represent and warrant

that you meet all the requirements listed above, and that you won’t use Homevana in a way that violates any laws or regulations. If you sign up for Homevana on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf and that you won’t use Homevana in a way that violates any laws or regulations.

Homevana may refuse service, close accounts of any Users, and change eligibility requirements at any time. We expect that you will be honest in providing all of the information necessary to use the Service because lying, omitting, or fudging information can result in your account being closed, or worse-a potential buyer or a seller may rely on something that you say or do and may be able to take legal action against you if it is false.

Term

The Term begins when you sign up for Homevana and continues as long as you use the Service. Clicking on the “I agree” button and the “Login” button after entering your username and password means that you have officially “signed” the Terms. We will provide notice of changes to the Terms via email or other electronic communication. We also try to give “opt in” checkboxes or E-SIGN (see below for more information) to make it clear when you are agreeing to these Terms or other options or requirements during your use of the Service.

Closing Your Account

You or Homevana may terminate this Agreement at any time and for any reason by giving notice to the other party. Closing your Homevana account will constitute notice of termination. We may suspend our Service to you at any time, with or without cause. Once terminated, we may permanently delete your account and all the data associated with it, including your communications, photos, listing information and data from our Website. However, if you have completed a property transaction using the Service, we will not delete your account or the data and information associated with it for at least 3 years from the date of the transaction. If you don’t log into your account for 12 or more months, we may treat your account as "inactive" and permanently delete the account and all the data and information associated with it unless you have completed a property transaction using the Service.

Acceptable Use Policy

Our Acceptable Use Policy sets some rules that you have to follow as a Homevana User. Some are dictated by the law, some are common sense (do unto others), and some are based on our Users' experience selling their homes online. You agree to use Homevana to publish real estate for sale that is legally owned by you. You agree that you are not a real estate salesperson or broker using the Service in your real estate professional capacity. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of Homevana.

Users are not allowed to create fake accounts (accounts with false User personal information). Users are not allowed to submit fake or test offers. Creating fake accounts or submitting fake or test offers may result in your account being permanently deleted and subject you to liquidated damages. Unless you are a serious home seller or buyer, do not use Homevana.

Liquidated Damages

In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre estimate of the damages:

  • If you are an active, licensed real estate salesperson, broker or other real estate sales license holder, use the Service or Website, and we are forced to delete your account and/or intervene in any transactions, then the liquidated damages will be not less than $500.
  • If you create an account using a false identity or information and we are forced to delete your account and/or intervene in any transactions, then the liquidated damages will be not less than $250.
  • If you submit fake or test offers and we are forced to delete your account and/or intervene in any transactions, then the liquidated damages will be not less than $350.

Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us or through the communications tool. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Homevana. We may change the Website, the Service, or any features of the Service at any time.

Account and Password

You’re responsible for keeping your account name, password and E-SIGN PIN confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons we may only reset your password.

Account Disputes

We don’t know the inner workings of your personal relationships or the nature of your home ownership, and we don't arbitrate disputes over who owns an account or a property. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. As noted above, if you own your home with another person such as a spouse, relative, friend, roommate or acquaintance, each of the other person(s) will need to register a separate account with a valid email address, create a separate E-Signature profile and agree to these Terms.
E-SIGNATURE CONSENT
Important Notice: In order to open a Homevana account, as defined in the Terms, we must provide certain disclosures required by law. We can only provide these disclosures and other information electronically if the applicant consents. Users can also only sign forms, documents and agreements electronically if the User consents. Your electronic signature on agreements and documents has the

same effect as if you signed them in ink.



User Consent: By checking the “I agree to have the Terms and Conditions presented electronically,” which you hereby adopt as your electronic signature, you consent and agree to the following:

We can provide documents required by law and other information about your legal rights and duties to you electronically.

All communications can be sent electronically including but not limited to billing statements and disclosures, the purchase contract, real estate disclosures, MLS entry forms, listing agreement(s), and acknowledgements of receipt (collectively defined as “Documents”) to you electronically (1) via email or (2) by communication through or access to the Website.

Note: If you want a paper copy, you can print a copy of the Documents or download the information for your records.

This consent applies to your use of the Service and the Website; a User’s relationship, if any, with Brokers; to all future Documents associated with the Service and the Website; to all future transactions on the Website or through the Service in which you use Homevana’s SaaS, products or services at any time; and to other Documents that we provide to you (or you provide to us) by email, unless you have, prior to such transaction, withdrawn my consent by the procedure mentioned below.

What You Will Need: You understand that in order to access and retain the electronic Documents you will need the following:
  • A computer with an Internet connection.
  • A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), Google Chrome (www.google.com/chrome). The browser must have cookies enabled.
  • A valid email address.
  • Sufficient storage space to save past disclosures and/or an installed printer to print them.
  • If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add "support@homevana.com" to your email address book.


Requesting Paper Documents and Withdrawing Consent: You understand that you have the right to receive these Documents in paper form but that you will be charged $20 for paper Documents. You can request paper copies and/or withdraw consent by contacting us at the following address:

Homevana, Inc.
Customer Support - Legal Department
701 B. Street, Suite 200
San Diego, CA 92101

Any withdrawal of your consent to receive electronic Documents will be effective only after we have a reasonable period of time to process your withdrawal. You understand and agree that if you withdraw your consent to receive electronic Documents, we may – though we are not obligated to – cancel your Homevana account and/or the Services.

Updating Email Address: At any time, you can update the email address to which we will send alerts that your Documents are available. You can change your email address by signing into Homevana.com and going to “Account.” You can also do this by contacting us at the following address:

Homevana, Inc.
Customer Support - Legal Department
701 B. Street, Suite 200
San Diego, CA 92101

Legal Effect: By consenting, you agree that electronic disclosures have the same meaning and effect as if you provided paper Documents to us. When we send you an email or other electronic notification alerting you that the Documents are available electronically and we do in fact make them available online, that shall have the same meaning and effect as if we provided a paper disclosure to you-whether or not you choose to view the Documents, unless you had previously withdrawn your consent to receive Documents electronically. You understand and agree that Documents are considered received by you within 24 hours of the time posted to our Website or within 24 hours of the time emailed to you, unless we receive notice that the email was not delivered.

General: You understand and agree that we reserve the right to cancel this electronic Documents service, change the terms of use of this service, or send Documents in paper form at any time. You understand and agree that we are responsible for sending notice of the Documents to you electronically including at the email address you have provided but are not responsible for any delay or failure in your receipt of the email notices.
PAYMENT
Free to Use the Service

The Service is free to use for all sellers and buyers. We are able to offer the Service for free because advertisers pay us money to direct advertisements to you through the communications tool. You can read all about what data we collect in the Privacy Policy. But the bottom line is that we will not sell your information to outside advertisers. We have built a unique communications system that allows advertisers to pay to use the Website to contact you with advertising you may need related to the purchase or sale of property. Advertisers are only allowed to contact you through the communications tool. Our communications tool will send you email notifications when an advertiser (or other User or we) send you an email message through the communications tool. But advertisers will not contact you outside the Website unless you provide them with your contact information. If you did not provide your contact information and an advertiser contacts you directly (not through the communications tool), please email customer service to tell us about it. We will investigate and reprimand or remove that advertiser if appropriate.

Please read, view, click through, or watch the advertisements that the advertisers send you (otherwise how else will you know whether or not you want or need their product or services). Of course you are under no obligation to do so, but by buying their products or using their services, you help keep the Website and Service free to use.

You may also see banner ads, daily specials and other offers from advertisers on the Website. Those offers are governed by the terms set by the advertisers, and we do our best to bring in advertisers, products, and services that would be interesting or useful to you when you are buying or selling a property.

Additional Services

You may buy additional items or services as needed through Homevana or third party vendors on our Website. These items or services can be found on the “Order Services” page. These additional services may include yard signs, flyers, lockboxes, professional photography, virtual tour, staging, open house hosting, appraisals, and marketing flyers. Pricing and other terms for these additional services will be given when they are offered.

Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Credit Charges

A User using a credit card, for example, to pay for additional services represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to contact you by email, but we may suspend your account until your payment can be processed.

Identity Verification

We use a third party to verify that you are who you say you are. You agree to complete the necessary information for the third party to complete the verification process. If you do not agree, do not use Homevana.
RIGHTS
Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Homevana (proprietary rights include patents, trademarks, service marks, and copyrights).

Privacy Policy

We may use your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
RULES AND ABUSE
General Rules

The Service includes a communication tool that allows sellers and buyers to communicate in writing. The communications tool can function like email, where Users receive notification in their actual email inbox and can respond to those messages through their Homevana inbox. All messages sent through the communications tool are recorded and saved for future reference in accordance with our document retention policy. If you choose to communicate outside the communications tool, those messages may not be recorded and may not provide you the protection that Homevana’s communication tool does.

Your protection using Homevana: User communications, discussions, and emails within Homevana DO NOT form a binding contract until the Users E-Sign the Residential Real Estate Purchase Contract through the Service. Users are free to discuss, debate, and negotiate through the communications tool without locking themselves in until the Users E-Sign the Purchase Contract. Any agreements that result from those discussions, debates, and negotiations that those Users have through that process need to be reflected in the finalized Residential Real Estate Purchase Contract.

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Homevana User or advertiser, we want to hear about it. Please report it to our Team through the customer service email link. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.

Compliance with Laws

You represent and warrant that your use of Homevana will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like the Fair Housing Act. For more information about applicable laws, please see www.hud.gov/fairhousing
LIABILITY
Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages.

No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Warranties of Merchantability

Since people use Homevana for a variety of reasons, we can’t guarantee that it will meet your specific needs. But we hope it does!

Indemnity



You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or Users. Homevana and the Service are provided as a platform for Users to publish.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

The State of California’s laws, without regard to conflicts of laws principles, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, Acceptable Use Policy, Copyright Policy, Document Retention Policy, API Guidelines, Electronic Signature Policy or the Service itself will be decided by the state and federal courts in San Diego, California. Each party will be subject to the jurisdiction of those courts.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third party internet service providers.

Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If it turns out that a section of this Agreement isn’t valid or enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point. Also, a waiver of any provision in these Terms in any instance does not constitute a waiver of any other provision or waiver in any other instance.

No Changes in Terms at Request of a User

Because we have many Users, we can’t change these Terms for any one User or group. If we did that, keeping up with the changes would be a logistical nightmare. Sorry-no changes, no exceptions.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Breach

In the event of a security breach that may affect a User, we’ll notify you of the breach and provide a description of what happened.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Homevana, 701 B. Street, Suite 200, San Diego, CA, 92101, or any addresses as we may later post on the Website.

Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, Document Retention Policy, API Guidelines, and Electronic Signature Requirements (all of which are incorporated into these Terms by reference), and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.
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