Please review these Terms of Use before using this website. Welcome to HomePace, Inc. (DBA “HomePace,” “we,” or “us”). By viewing and using the web site at qualify.easyknock.com/homepace including any subdomain thereof (the “Site”) you both represent and warrant that you have read and understood, and you agree to be bound by, the Agreement and by these Terms of Use and Privacy Policy.
You agree that you will not use or attempt to use the Site for any purpose other than conducting business with HomePace or its affiliates as a client of HomePace and in each case solely for your personal, non-commercial use, and you may not reproduce, sell or distribute the information provided thereon.
You represent and warrant that you will not use the Site to:
The website may contain links to websites operated by third parties (“Third Party Sites”). Such links are provided for your reference and convenience only. HomePace does not have control over Third Party Sites, each of which may be governed by its own terms of service and privacy policy. HomePace has not reviewed, and cannot review, Third Party Sites, and therefore does not warrant or endorse any Third Party Site, the content thereon, or the operator or operations of that site. By visiting or using Third Party Sites, you assume all responsibility and liability for resulting harms, whether to you or any third party, including without limitation as resulting from your downloading or use of any content, software or other materials available therefrom.
You acknowledge and agree that all content, Sites, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Content are owned by HomePace and are the copyrighted property of HomePace and/or its licensors and affiliates, and protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers used and displayed on the Site are registered and unregistered trademarks of HomePace and/or its licensors and affiliates in the United States and other countries.
You must be at least 18 years old and a resident of the United States to use the Site. By agreeing to this Agreement, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Site; and (c) you are a resident of the United States.
The HomePace Site is for information, education, and noncommercial purposes only. Although some of the HomePace Site content may be related to the purchase of real estate or financial products, the Site is not intended to, and does not, provide legal, tax, real estate, investment or insurance advice. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any property or financial product by HomePace or any third party. Certain planning tools available on the Site may provide general education based on your input. You are solely responsible for determining if any investment or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your investment specific situation.
HomePace does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the HomePace disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. HomePace does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. HomePace 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, Content.
HomePace is not liable for any consequential,incidental, exemplary, special or indirect damages arising out of or relating to your use of the website or products or services offered through the website, regardless of any advice or notice given to HomePace. This includes, but is not limited to, damages that may result from the inconvenience, delay of loss of use of the site, the information herein or for omissions or inaccuracies in the information published through the site. If you are dissatisfied with the website, your first remedy is to stop using it. The maximum liability of HomePace and its affiliates, successors, or assigns, or any of its officers, directors, employees or agents, will be $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 you and HomePace.
You agree that we may contact you regarding your application, account or our relationship. HomePace may also contact you by email or over the phone about services and products we believe may be of interest to you. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that you receive from us. We reserve the right, however, to contact you with important information relating to your account or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that you have provided to us.
Because the HomePace operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. If you apply for a program or service through the Site, you authorize HomePace to treat your application or request as if it had been made in writing and signed by you. As part of doing business with us, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site, including any programs you may request or receive, your registration as a on our Site, (each, a “Disclosure”), from us.
You agree to indemnify, defend and hold harmless HomePace and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “HomePace Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; (b) any violation by you of this Agreement; or (c) your submission to HomePace of incomplete, inaccurate or untimely information or other data. The HomePace parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
The Site is located and operated by HomePace in 1389 Center Drive, Suite 200, Park City UT 84098. This Agreement shall be interpreted and enforced as though executed in Delaware, and shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of HomePace. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and HomePace.
This Agreement states the entire agreement between you and us concerning the use of this Site, and may not be amended or modified except through a written agreement signed by an officer of HomePace.
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with HomePace, email us at support@homepace.com, call us at (919) 737-7637, or write to us at 1389 Center Drive, Suite 200, Park City UT 84098.
HomePace may, at any time and without further notice, revise or modify these Terms of Use by posting an amended version on the Site. Any changes will be effective immediately upon posting. It is your responsibility to review these Terms of Use periodically. If at any time you find either unacceptable, you must leave the Site.
