Terms of Use

The following Terms of Use (“Terms”) govern your use of the ValueYourHome.com website and mobile applications (“Sites”), content, products and services (“Services”) of Xome Inc. and its affiliates (“Xome”) on behalf of the brokerage (“Broker”) that are made available in the United States and its territories and possessions.

By accessing, downloading, installing, running or using any of these Services, you agree to be bound by these Terms, as updated from time to time. If you do not agree to our Terms, you should not access or otherwise use the Services.

1License

For as long as you remain compliant with all Terms as set forth herein, Xome grants you a limited, non-exclusive, non-transferrable, revocable license to access and use our Sites on any personal device that you own or control. This license also permits you to access and use any content, information, or related materials that are made available as a part of our Services.

Any rights not expressly granted herein are reserved by Xome and Broker. This license does not permit you to rent, lease, lend, sell, redistribute or sublicense our Sites and Services.

2Users & Eligibility

In order to use our Sites and Services, you must have reached the age of majority and be a resident of the United States. You further agree that you are not a resident of the European Union nor will you use our Sites and Services while present in the European Union.

Anyone under the age of 13 is prohibited from using our Services.

You must have a bona fide interest in the purchase, sale, or lease of real estate of the type being offered through the Sites.

3Site Content & Materials

The information maintained on the Sites is intended to provide users with information about Xome’s products and services and is subject to change without notice. Not all of the Services described in the Sites are available in all geographic areas.

Information on the Sites is deemed to be valid and reliable, but is not guaranteed. It is your sole responsibility to independently confirm and verify all information upon which you may rely or use from the Sites.

Property listing data may be available from us through other means, and in certain instances, may include additional property listing data where a seller has opted not to display its respective property through our Services.

4Data Use

All data and information obtained from our Sites is intended only for your personal, non-commercial use, and shall be used for no other purpose.

You shall not copy, screen scrape, redistribute or retransmit any of the data or information provided, except you may use the property listing data in connection with your purchase, sale, or lease of an individual property.

5Account, Username & Password

To receive access to certain information or Services and be permitted to search and view certain data from the Multiple Listing Service (“MLS”) database via the Sites, you must register and establish a username and password (“Account”). You must:

• Maintain the security of your username and password at all times
• Notify Xome in the event your username or password is lost or stolen
• Accept responsibility for all activities that occur under your Account
• Provide a valid email address as part of registration

Your Account is not transferrable and use is limited to one household per Account. We must maintain a record of your name, telephone number, email address, username, and current password for not less than 180 days after expiration of your password.

6Payment of Fees & Account Information

In connection with our Sites, you agree to pay all fees and charges incurred in connection with the applicable username and password (including applicable taxes) at the rates in effect when charges were incurred. We may bill charges automatically to your credit card.

If you opt to list your home through any of the Xome provided Services, you attest that you are over 18 years of age or otherwise of legal age to form a binding contract.

Real estate brokerage and MLS listing services will be governed by a separate written agreement between you and the selected real estate broker. The Services offered through the Site, including MLS listing services, may not be provided in all areas.

7Cancellations & Refunds

Any payments required for the purchase of Services must be paid by credit card. If you notify us of a cancellation within 24 hours of purchase, we will void, reverse, or credit the charges.

You can cancel your purchase by:

• Email: [email protected]
• Phone: 1-844-354-9111

Your listing will not have been canceled until you receive a confirmation from us. Refunds are NOT available more than 24 hours after purchase.

We will not provide refunds on the grounds of a temporary service failure, technical problems, or a failure to view your property listing due to browser or operating system incompatibility.

8Prohibited Use

As a condition of your use of our Services, you represent and warrant to us that you will not use our Services for any purpose that is unlawful or prohibited by these Terms. You may not:

• Use our Services in any manner that could damage, disable, overburden, compromise or impair our Services
• Interfere with any other party’s use and enjoyment of our Services
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services
• Post public comments which are obscene, false, misleading, not in good taste, violations of Fair Housing or other laws, or which constitute harassment of any kind

We reserve the right to remove any comments deemed inappropriate and to immediately terminate your access to our Services.

9Intellectual Property

Xome, its affiliates, successors and assigns, as the developer and host of our Sites, owns or licenses all intellectual property rights related to our Sites, including the look and feel and all underlying software.

You shall:

• Never remove or destroy any copyright or proprietary marking used in connection with our Services
• Never create derivative works, reverse engineer, decompile, or disassemble the Sites or any Services
• Never copy, screen scrape, redistribute or retransmit any data or information provided

The subject real estate board, association, or MLS possesses all ownership, rights, licenses and intellectual property rights, including the copyright, in the MLS database compilation.

You hereby grant us an irrevocable, perpetual, royalty-free, worldwide license to use all information you provide via posting, uploading, or submitting (“Submissions”) in connection with the operation of our businesses.

10Privacy

Please review the Privacy Notice, which governs your use of our Services and explains our practices. The Privacy Notice is incorporated by reference into these Terms.

We must at all times maintain a record of registrant information. If the MLS or Xome has reason to believe the Sites have been subject to a security breach or violation of MLS rules, we shall, upon request, provide to the MLS a copy of the record of any identified registrant.

11Communications & SMS Program

When you use our Services, you are communicating with us electronically. You expressly consent to receive communications from us electronically — by email, instant messaging, or other electronic means.

By submitting your contact information on the Site and accepting these Terms, you provide your electronic signature and consent to receiving telemarketing calls, SMS messages or other forms of communication from us, including our agents, affiliates and successors. You agree that:

• Xome, its agents and affiliates may call, email and send text messages to you for describing goods and services
• These calls and messages may use an automatic telephone dialing system and/or pre-recorded voice messages
• Standard message and data rates may apply
• Carriers are not liable for delayed or undelivered messages

This consent shall remain in effect until you revoke it. You may revoke your consent by contacting Xome Concierge at (844) 335-0586 or emailing [email protected].

Your consent to communications is not a condition of obtaining any services from us.

12Disclaimer of Warranties

No oral advice or written information given by Xome, its employees, affiliates, licensors, services vendors or agents will create a warranty.

13Limitation of Liability

If you do not agree with any part of these Terms of Use, or you have any dispute or claim against us, your sole and exclusive remedy is to immediately discontinue using our Services.

14Indemnification

You agree to defend, indemnify and hold harmless Xome and the Broker, including the respective affiliates, officers, directors, employees and agents of both Xome and the Broker, against any and all claims, losses, damages, liability, costs and expenses (including reasonable attorneys’ fees) arising from:

• Your use of our Services, including the property listing data
• Violation of these Terms
• Violation of any law or third-party’s rights, including infringement of any copyright, trademark, service mark, trade secrets, right of privacy or publicity

The terms of this section shall survive the termination of your relationship with us and/or registration for our Services.

15Copyright Infringement

We respect the intellectual property rights of others. To the extent anyone believes that his/her work has been reproduced in the property listing data in a way that constitutes copyright infringement, he/she may notify our agent in accordance with Title 17, United States Code, Section 512(c)(2).

Your notice must include: (a) a physical or electronic signature of the Complaining Party; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material; (d) contact information for the Complaining Party; (e) a good faith belief statement; and (f) a statement of accuracy under penalty of perjury.

16Governing Law & Jurisdiction

By using our Services, you agree that applicable federal law and the laws of the State of Texas, without regard to its principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.

You agree that venue for any disputes shall be located exclusively in Denton County, Texas and expressly waive any right to claim that such forum is inconvenient.

17Modifications to Terms

We reserve the right to modify these Terms and its policies at any time without advance notice. Any modification is effective once displayed or published on or within our Services. You are responsible for regularly reviewing these documents.

Continued use of our Services after any such changes shall constitute your consent to such changes.

+Regional MLS of Minnesota / NorthstarMLS — End User License Agreement (EULA)

The following terms and conditions govern all access to and use of this site for users accessing Minnesota MLS data. You accept, without limitation or alteration, all the terms and conditions contained herein.

This EULA is a legally binding contract between you; the owner of this site, Xome Inc. (“Broker”); Regional Multiple Listing Service of Minnesota, Inc., d/b/a NorthstarMLS (“RMLS”); and the developer of this site, Xome Inc. (“Developer”). Collectively, Broker, RMLS, and Developer are the “Licensors.”

1. Access Permitted. Licensors agree to provide you online access to the Licensed Content and the Licensed Site for the duration of the current viewing session. A new EULA is required upon each subsequent visit.

2. Acknowledgement of Title. All right, title, and interest in the copyrights and other intellectual property rights in the Licensed Site and Licensed Content reside at all times in Licensors and their licensors. No right to use any Mark displayed on the Licensed Site is granted herein.

3. License. Licensors grant you a revocable, limited, nonexclusive license to duplicate, distribute and display the Licensed Content solely for your personal, non-commercial use, subject to the limitations set forth in this EULA.

4. Limited Use. You will not: (a) use the Licensed Site for any non-personal or commercial purpose; (b) disclose Licensed Content to any third party except in furtherance of your personal real estate transaction; (c) gather any content by automated means including “screen scraping”; or (d) employ the Licensed Content for any unlawful purpose.

5. License Revoked. Your license is immediately revoked, without notice, in the event of any breach of this EULA.

Governing Law (EULA). This EULA shall be governed by the laws of the State of Minnesota. Any dispute shall have its forum in the state or federal courts located in Ramsey County, Minnesota.