Privacy Policy
Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how We collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to Homealytic.com. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. WE DO NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES
- WE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Indemnity
You agree to indemnify, defend and hold harmless Homealytic.com and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“Homealytic.com”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of Homealytic.com . The Homealytic.com Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
Homealytic.com ’ LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL Homealytic.com BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Homealytic.com ’ TOTAL LIABILITY EXCEED $100.00 USD. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that we are not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN DENVER, COLORADO; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN DENVER COUNTY, COLORADO, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and Homealytic.com and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to All Services
We provide educational content and operate online marketplaces that enable consumers to comparison shop on the Websites for financial products and services offered by our network of Providers.
By submitting any Qualification Form containing your electronic signature through a Homealytic.com Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that Homealytic.com, a third party on Homealytic.com ’ behalf, and Providers with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using Homealytic.com ’ services.
You consent to receive emails from Homealytic.com , its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
Opt Out
You may opt out of receiving calls/SMS/MMS/Emails from www.homealytic.com at any time by engaging in any of the following reasonable means:
(1) Fill out this Opt Out Form Click Here https://forms.gle/t2PRaVvDTqF8LVTN9
(2) Notifying a www.homealytic.com customer service representative that you no longer wish to be contacted by www.homealytic.com and are revoking your consent to be contacted; or
(3) Responding to any SMS, mobile, or text message you receive from www.homealytic.com in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by emailing: info@homealytic.comYou agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that www.homealytic.com is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
www.homealytic.com is not a lender or a creditor.
www.homealytic.com is not an agent of either you or any Provider. Except as otherwise provided for in your state (please see the Licenses section of the Websites), www.homealytic.com is not acting as your agent or as the agent of any Provider. www.homealytic.com ’ services are only administrative. You agree you will rely on your own judgment and research independent of any communications or information you receive from www.homealytic.com in deciding which available product, terms and Provider best suits your needs and financial situation.
Any Qualification Form you submit is not an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. The Provider is solely responsible for its services to you, and you agree that www.homealytic.com shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Qualification Form information and any other information provided by www.homealytic.com or received by them in the processing of your Qualification Form, whether you are qualified for a product with them or complete a formal application for services with them.
For any Service, by saving your information with www.homealytic.com or submitting a Qualification Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
When you “submit” information, create an account or otherwise register for Services through our Websites, you understand and agree that you have established a business relationship between you and www.homealytic.com . Accordingly, www.homealytic.com may send your information to certain affiliates and third parties as provided in our Privacy Policy and you agree that www.homealytic.com , its affiliates, and persons calling on www.homealytic.com behalf may contact you using information you provided with information and offers of services available through www.homealytic.com and the Websites. You also give www.homealytic.com permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Qualification Forms, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Qualification Form.
In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with www.homealytic.com in order to adhere to applicable laws. Providers and www.homealytic.com may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for www.homealytic.com and the selected Provider to share this information for these purposes.
By submitting a Qualification Form, you are providing express written instructions under the Fair Credit Reporting Act for www.homealytic.com and Provider partners with whom you are matched to obtain your consumer credit report from your credit profile or other information from contracted Credit Bureau(s) for the purpose of matching you to a Provider, product, or service through the www.homealytic.com network.
Services offered by Providers may only be made to residents of states where Providers are authorized to make such Loans. A Provider’s participation in and offering of its products on the Websites does not constitute an offer by any Provider or by www.homealytic.com to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any Loan product in any specific state through the Websites at any time, without prior notice.
We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. A Provider’s conditional Loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to Loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Loan commitment or interest rate lock-in agreement. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer. If you agree to terms with any Provider with whom you are matched on our Websites, you will be responsible for paying for any closing costs associated with your Loan (such as settlement services, Loan processing, underwriting or funding fees) at closing.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through www.homealytic.com to each of the Providers to whom your Loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet) from www.homealytic.com and its Providers.
Ratings & Reviews and User-Generated Content
On certain Websites, you may submit user generated content. By submitting any content on these Websites or through any social media channel associated with www.homealytic.com , you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
- use of the content you supply does not violate this Agreement and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any content that you submit on the Websites, Facebook, Twitter or any similar www.homealytic.com -affiliated social media property, you grant www.homealytic.com a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on any website or social media property that we deem, in our sole discretion, to violate the content guidelines or any other provision of these Terms of Use. We do not guarantee that you will have any recourse to edit or delete any content you have submitted. For the ratings and reviews service, ratings and written comments are generally posted within two to four business days. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not www.homealytic.com , are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of us, our agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
By submitting content or submitting your email address in connection with your rating and review, you agree that www.homealytic.com and its third-party service providers or the entity being reviewed may use your email address to contact you about the status of your review and other administrative purposes.
By entering your mobile number in form above you agree to receive marketing based text messages. Consent is not required for purchase. You may receive up to 5 messages per month. Standard text and data rates may apply.
SMS Terms
Please read these terms and conditions carefully. You expressly give consent to marketing text messages from “Homealytic” (“Homealytic”) including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services. You also accept and agree to be bound by these SMS Terms and Conditions.
Program Description
Homealytic may use an automatic telephone dialing system (“auto-dialer”) to deliver promotional marketing text messages to you. Receiving text messages is NOT a condition of purchase or other transaction with Homealytic.
Message Frequency
You can expect to receive approximately 4 texts per month.
Cost
Message and data rates may apply to each text message sent or received in connection with Homealytic text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Homealytic does not impose a separate fee for sending Homealytic text messages.
How to Opt-In
For on-going customer communications, visit the notifications page on Homealytic.com/ to enroll.
How to Opt-Out
To stop receiving text messages from a specific Homealytic message by replying STOP to the text received from Homealytic. You will then receive confirmation of your opt-out of that text messaging. The confirmation message you receive will be similar to the following: “Homealytic: You have been opted out and will not receive any more messages from Homealytic.” This will only opt you out of the specific text messaging campaign associated to that Homealytic’s phone number. You will remain opted in to other Homealytic text messages. For customer communications, visit Homealytic.com at any time to change your communication preferences.
Support/Help
To request more information, text HELP to XXXXX for the text messaging alert about which you have questions (i.e., the five digit number from which you are receiving the text messages).
Fill out this Opt Out Form Click Here
Eligibility
To receive Homealytic text messages, you must be a resident of the United States or Puerto Rico and 18 years of age or older. Homealytic reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Homealytic may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Homealytic’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Homealytic text messages will indicate your acceptance of those changes.
Termination of Text Messaging
Homealytic may suspend or terminate your receipt of Homealytic text messages if Homealytic believes you are in breach of these SMS Terms and Conditions. Your receipt of Homealytic text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Homealytic reserves the right to discontinue, temporarily or permanently, all or any part of Homealytic text messages, with or without notice.
Communications and Consent to Electronic Notices
You may communicate with Homealytic via postal mail, telephone, and our website. Company may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect. You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Homealytic will provide you with paper copies upon request. You may make such a request via any of the channels listed above.
Release and Indemnity
By participating, you agree to release and hold harmless Homealytic, Homealytic and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (together, the “Released Parties”), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this Initiative. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this Initiative, and none of them will have any liability or responsibility for any claim arising in connection with participation in this Initiative. The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE INITIATIVE AND ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send a message; any injury or damage to your or any other person’s wireless (cellular) device relating to, or resulting from, participation in this Initiative.
