This website and the NURV Ltd dba HomeTrust Applications (as defined below)(the "Sites"), together with the services provided through the Sites (collectively the Sites and services are the "Services") are owned and operated by NURV Ltd dba HomeTrust Corporation, a technology-powered real estate brokerage headquartered at 7900 E Union Ave STE 1100
1. Who Can Use the NURV Ltd dba HomeTrust Services You must be: a) at least the age of majority in the state where you live to use the Sites, and b) a resident of the United States. If you are under 13 years old, do not use the Sites.
2. Intellectual Property Ownership and License.
B. Trademarks NURV Ltd dba HomeTrust, the NURV Ltd dba HomeTrust logos and other NURV Ltd dba HomeTrust trademarks, service marks, graphics, and logos used in connection with NURV Ltd dba HomeTrust are trademarks or registered trademarks of NURV Ltd dba HomeTrust in the U.S. and/or other countries. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. Use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with NURV Ltd dba HomeTrust may be the trademarks of their respective owners.
C. Other Intellectual Property NURV Ltd dba HomeTrust also owns trade secrets and know-how that contribute to the functionality of the Services.
E. Reservation of Rights Except for the limited license granted above, NURV Ltd dba HomeTrust reserves all of its intellectual property rights in the Sites. This Agreement does not grant you any right or license with respect to any trademarks and logos.
F. Information Aggregation NURV Ltd dba HomeTrust is not responsible for any errors in displayed information or delays in displaying information. All information on the Sites is either transmitted to NURV Ltd dba HomeTrust from other entities or persons or was obtained through publicly available government sources. Issues of data accuracy may be brought to the attention of NURV Ltd dba HomeTrust by sending feedback but it is likely that such information accuracy cannot be corrected by NURV Ltd dba HomeTrust and the entity or person that generated the information must be appealed to.
4. Equal Housing Opportunity We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.
A. NURV Ltd dba HomeTrust Community Guidelines
Be respectful. We welcome debate, but we will not tolerate disrespectful language or personal attacks. Please avoid controversial topics such as politics, race, religion, and sexuality. We reserve the right to edit or remove any controversial content.
No solicitation. Real estate agents and other professionals are welcome here, but not to promote your services. You can include your brokerage, but no contact information or website addresses.
No spamming. Please do not post advertising, junk mail, spam, scams or chain letters.No illegal or offensive posts. Any content that contains illegal, inflammatory, libelous, obscene or pornographic material will be removed.
No public posting of private information or other people's unpublished contact information. This also includes communications from community administrators and moderators.
Moderation. We reserve the right to monitor content and delete or retain content in our sole discretion.
B. License You grant NURV Ltd dba HomeTrust a perpetual, unlimited right to use, reproduce, modify, distribute, and display your Submissions worldwide in any media. NURV Ltd dba HomeTrust may, but is not obligated to, post the name you associate with the Submission. Additionally, you grant NURV Ltd dba HomeTrust a perpetual unlimited license to use, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to NURV Ltd dba HomeTrust, without any further consent, notice and/or compensation to you or to any third parties.
C. Disclaimer NURV Ltd dba HomeTrust takes no responsibility and assumes no liability for any Submissions posted by you or any third party. We may not monitor or control the Submissions posted via the Services and, we cannot take responsibility for such Submissions. Any use or reliance on any Submissions or materials posted via the Services or obtained by you through the Services is at your own risk. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any forum, or elsewhere on the Sites. NURV Ltd dba HomeTrust IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANYTHING YOU POST ON NURV Ltd dba HomeTrust.
D. Forums NURV Ltd dba HomeTrust offers forums where you can post your observations and comments on designated topics. NURV Ltd dba HomeTrust account holders can create forum topic threads. NURV Ltd dba HomeTrust, in its sole discretion, may close or transfer threads, or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that everything you share in a forum may be seen and used by other users of the Services.
5. How NURV Ltd dba HomeTrust May Communicate with You
For purposes of responding to you and providing you with information and notices about your account or the Services (such as information about homes you might be interested in), you agree that NURV Ltd dba HomeTrust may communicate with you through the contact information associated with your NURV Ltd dba HomeTrust account or NURV Ltd dba HomeTrust Applications, including your device ID, email, mobile number, telephone, or the postal address you provided (if any). Please review your Account Settings or settings on your mobile device to control what kind of messages you receive from NURV Ltd dba HomeTrust. NURV Ltd dba HomeTrust has no liability rising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. Through the Services, you can make requests for home tours, real estate agent contact, help selling or buying a home or other requests. By making those requests, you authorize NURV Ltd dba HomeTrust to share your personal information including your home search history, favorites and saved searches, with a real estate professional (a NURV Ltd dba HomeTrust Agent or staff member, or a Partner Agent, as defined below). When you make such a request to NURV Ltd dba HomeTrust you are extending an express invitation for NURV Ltd dba HomeTrust, or another appropriate entity or person, to contact you. A Partner Agent is employed by or works with another brokerage, but has teamed up with us to provide NURV Ltd dba HomeTrust-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion.
6. Third Party Sites
7. NURV Ltd dba HomeTrust Applications
NURV Ltd dba HomeTrust offers services through applications built using NURV Ltd dba HomeTrust's platform ("NURV Ltd dba HomeTrust Applications"). Examples of NURV Ltd dba HomeTrust Applications include, without limitation, its smartphone applications (NURV Ltd dba HomeTrust for Android, NURV Ltd dba HomeTrust for iPad, or NURV Ltd dba HomeTrust for iPhone), and NURV Ltd dba HomeTrust "Share" buttons, which allow you to share your activities on the Sites with your friends using social media or email. You acknowledge you are responsible for all charges and necessary permissions related to accessing NURV Ltd dba HomeTrust through your mobile access provider.
You may deactivate your account at any time. After you deactivate your account, you will no longer have access to the Services. If you'd like to deactivate your account, please visit your Account Settings or contact Customer Service. NURV Ltd dba HomeTrust may terminate this Agreement or your account at any time, with or without notice.
You agree to indemnify NURV Ltd dba HomeTrust and hold NURV Ltd dba HomeTrust harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any Submissions or information you provide to the Services, and/or (c) any activity in which you engage on the NURV Ltd dba HomeTrust Sites or using the NURV Ltd dba HomeTrust Services.
NURV Ltd dba HomeTrust PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NURV Ltd dba HomeTrust DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NURV Ltd dba HomeTrust AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY NURV LTD DBA HOETRUST OR ANYTHING RELATED TO NURV LTD DBA HOMETRUST, YOU MAY DEACTIVATE YOUR NURV LTD DBA HOMETRUST ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. NURV Ltd dba HomeTrust IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH NURV Ltd dba HomeTrust TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. NURV Ltd dba HomeTrust DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, NURV LTD DBA HOMETRUST DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. NURV LTD DBA HOMETRUST DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. NURV LTD DBA HOMETRUST DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, NURV LTD DBA HOMETRUST DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
11. Limitation of Liability
12. Dispute Resolution
Any claim or controversy arising out of or relating to the use of the Sites, to the goods or services provided by NURV Ltd dba HomeTrust, or to any acts or omissions for which you may contend NURV Ltd dba HomeTrust is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitration shall be venued in Seattle, Washington. The arbitrator shall be selected pursuant to the AAA rules or from a list of arbitrators provided by NURV Ltd dba HomeTrust. Filing and other non-award costs will be paid for, in equal shares, by both parties except that the fee to the arbitrator will be paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand. Should any State or Federal law conflict with the above rules for resolving disputes or the AAA rules, such conflicting rules shall be severed from the enforceable rules and the enforceable rules shall survive and control the dispute resolution process. Any gaps left in the process due to severed rules shall be resolved at the discretion of the selected arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Seattle, Washington. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and NURV Ltd dba HomeTrust, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Seattle, Washington. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys' fees.
13. Additional Legal Terms
A. Severability If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
B. Notices You may contact us here. Or via mail or courier at: NURV Ltd dba HomeTrust Corporation ATTN: Legal Department, 1099 Stewart St, Suite 600, Seattle, WA 98101, USA.
C. Entire Agreement You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and NURV Ltd dba HomeTrust regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other NURV Ltd dba HomeTrust services.
E No Waiver Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
F. No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services.
G. Assignment and Delegation You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, NURV Ltd dba HomeTrust for any third party that assumes our rights and obligations under this Agreement.
H. Alpha and Beta Testing The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or prerelease form) that we may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and NURV Ltd dba HomeTrust, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
I. Potential Other Rights and Obligations You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.
J. Complaints Regarding Content Posted on the NURV Ltd dba HomeTrust Website For non-copyright complaints, you may notify us here.
K. International Matters NURV Ltd dba HomeTrust is controlled and operated from NURV Ltd dba HomeTrust's United States offices in Washington. We make no representation that the Services are appropriate or available for use in any particular location. Those who choose to access NURV Ltd dba HomeTrust do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Services, including software from NURV Ltd dba HomeTrust, is further subject to United States export controls. No Services, including software from NURV Ltd dba HomeTrust, may be downloaded or otherwise exported or re-exported in violation of any applicable law, rule or regulation.
L. Complaint Regarding Copyright Infringement If you are a copyright holder and believe your work has been used on the Sites in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
Your name, address, phone number, and email address, so that we can reach you;
Identification of the copyrighted work(s) you believe to be infringed;
Identification of the material on the Sites you believe is infringing, including a location description (e.g., a URL);
A statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the information you provided is accurate;
A statement that you have a good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law;
A physical or electronic signature; and
Send your infringement notices to:
NURV Ltd dba HomeTrust Legal Department
7900 E Union Ave STE 1100
Denver, CO 80237-2746
If your Submission is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to NURV Ltd dba HomeTrust. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located, or if you are outside of the United States, for any judicial district in which NURV Ltd dba HomeTrust may be found, and that you will accept service of process from the person who notified NURV Ltd dba HomeTrust of the alleged infringement or an agent of such person.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if NURV Ltd dba HomeTrust is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. NURV Ltd dba HomeTrust will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, NURV Ltd dba HomeTrust will, in its discretion, terminate authorization of users of the Services who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact NURV Ltd dba HomeTrust and provide information sufficient for us to verify that the user is a repeat infringer.