Terms of Service

1. Introduction

Thank you visiting homebuyer.ai (the “Site”). These Terms of Use (“Terms”) govern your access to and use of the Site and any Growella mobile applications or services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with Growella Inc, located at 230 Findlay St, Cincinnati, OH 45202 (“Growella”) based on these Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.

2. The Services As a Marketplace.

The Services operate as a marketplace that allow users to interact with financial advisors, locate and contact financial service providers and professionals, such as third party experts, advocates, and advisors, post questions and comments on discussion forums and bulletin boards, review financial service providers and apply to pre-qualify for certain credit card or loan offers.

2.1 Information on the Services.

The Services and any advice, information or content thereon are provided for informational purposes only and do not constitute legal, financial, tax planning, or other advice from Growella. The Services may show content, prices, availability and other information provided by third-parties. Growella does not assume any liability for the accuracy and timeliness of such information. You agree that you are responsible for your own financial research and financial decisions, and that Growella is not responsible or liable for any decisions or actions you take or authorize third parties to take on your behalf based on information you receive as a user of Growella.

2.2 Relationship Between the Parties.

Growella is not a financial institution, insurance provider, real estate broker, mortgage broker or mortgage lender, broker-dealer, investment advisor, or holder of customer funds or other property. No landlord-tenant relationship, lender relationship, brokerage relationship, advisory relationship or any similar agency or fiduciary relationship is intended to be or shall be deemed to have been created between you and Growella. Growella and the Services are not endorsed by or affiliated with FINRA. Growella makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services. Before making any financial decisions or implementing any financial strategy, including recommendations of third parties identified through the Services, Growella recommends that you obtain additional information and advice of accountants or other financial advisors who are fully aware of your individual circumstances.

2.3 Third Party Agreements:

Growella is not a party to any relationship that forms between you any third party after using the Services. Any disputes that arise between you and any third party regarding your use of the Services are to be resolved exclusively between you and that third party.

2.4 Applying for Pre-Qualified Loans.

If you use the Services to apply to pre-qualify for certain loan offers from our loan provider partners you will need to register to use the Services and create a user account. Pre-qualified loan applications are subject to the Growella Prequalified Loan Offers Terms of Use, which may require your consent to use and accept electronic signatures. You may be required to consent to a credit check in order to apply for a pre-qualified loan.

3. Basic Terms

3.1 You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you are over 18 years of age, can form a binding contract with Growella, have not previously been terminated from using the Services, and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction.

3.2 You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

3.3 The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Growella may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

3.4 You are responsible for regularly reviewing the Agreement. You can review the most current version of the Terms of Service at any time at https://homebuyer.ai/pages/terms-of-service/. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 9 below. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

3.5 The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for Growella granting you access to and use of the Services, you agree that Growella, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

4. Privacy

4.1 Any information that you provide to Growella is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use(as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Growella. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Growella account, which you may not be able to opt-out from receiving.

4.2 To use some of the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. Please be aware that information you or Growella on your behalf share with third parties while using the Services is subject to the privacy policies and terms of use of those third parties and Growella is not responsible for the use of your information by those third parties.

5. Passwords:

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to Growella account. Growella cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6. Your Data:

You are solely responsible for all data that you upload or transmit through the Services (“Content”). Do not transmit Content you do not have permission to send to Growella. You are responsible for creating backup copies of any Content and Growella is not responsible for loss of any Content. By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.

6.1

You agree not to upload any Content on the Services that:

• Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
• Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
• Is a direct and specific threat of violence to others;
• Violates any contractual obligation;
• Is furtherance of illegal activities; or
• Is abusive, or constitutes spam.

6.2 Growella has the right but not the obligation to monitor and edit all Content.

6.3 You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

6.4 Please be aware that Growella does not verify the accuracy any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. We are not responsible for the actions of our users or your interactions with other users and we advise you to use the services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Growella be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

7. Digital Millennium Copyright Act

If you are a copyright owner on an authorized agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see § 17 U.S.C. 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which his to be disabled and information reasonably sufficient to permit the service
  provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and if available, an e-mail address;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to Growella Inc, 230 Findlay St, Cincinnati, OH 45202 or email: [email protected]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

8. Restrictions on your use of the Services:

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Growella’s computer systems, or the technical delivery systems of Growella providers; (ii)
probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Growella (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Growella(NOTE: scraping the Services without the prior consent of Growella is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding,spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or (vi) remove any copyright, trademark or other proprietary notices that have been placed in the Site or its content.

9. Growella’s Rights:

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of Growella and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. Growella reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Growella, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

10. Ending These Terms:

• You may end the Agreement with Growella at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at [email protected].

• We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

• In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.

• Nothing in this section shall affect Growella’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.

The Terms will continue to apply until terminated by either you or Growella as follows.

11. Disclaimers, Limitations of Liability and Indemnity:

Please read this section carefully since it limits the liability of Growella and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Growella Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

11.1 The Services are Available “AS-IS”. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE GROWELLA ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Growella Entities make no warranty and disclaim all responsibility and liability for: (i) any actions of Growella users; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Growella Entities or through the Services, will create any warranty not expressly made herein.

The Growella Entities makes no representations, warranties, or guarantees, express or implied, regarding any third party service or advice provided by a third party, or any quotes or offers provided through the Services. Growella does not endorse any particular advisor or other third party. Growella acts solely as an intermediary between you and third party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers.

11.2 Links

The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the Growella Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GROWELLA ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE GROWELLA ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID GROWELLA, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE GROWELLA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11.4 Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Growella Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms or any applicable law or regulation; (2) your interactions with any other Growella user; (3) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; and (4) any activity in which you engage on or through the Services.

12. General Terms:

12.1 Waiver: Any failure by Growella to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by Growella in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Growella does not prevent either from exercising any other rights, powers, or remedies.

12.2 Severability: If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Service continues in full force and effect.

12.3 Controlling Law and Jurisdiction

(a) Choice of Law: These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the state of Ohio, and shall be interpreted in all respects as a Ohio contract. Any dispute, controversy, claim or action arising from or related to your use of the Site or these Terms of Service likewise shall be governed by the laws of Ohio, exclusive of choice-of-law principles.

(a) Arbitration: In the event of a dispute between the Parties arising out of or relating in any way to this Agreement or your use of the Services, such dispute shall be submitted to the American Arbitration Association and shall be resolved by means of arbitration.

(i) Any arbitration between you and Growella will take place in Hamilton County, Ohio and will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Growella.

(ii) You agree that prior to filing for arbitration you shall send a written Notice of Dispute to Growella describing the nature and basis of the dispute and setting forth the relief sought. If you and Growella do not resolve the claim within 30 days of receipt of the Notice, you or Growella may commence an arbitration proceeding as provided herein.

(iii) The arbitrators shall issue a reasoned award, and it shall be final and binding upon the Parties and not subject to further appeal. The arbitrators shall be empowered to award money damages but may not award consequential, incidental, exemplary or punitive damages or order specific performance.

(iv) For claims under $10,000 Growella will reimburse you for the arbitration filing fee. Notwithstanding the foregoing, if the arbitrator determines your claim to be frivolous or brought for an improper purpose, you agree to reimburse Growella for all fees associated with the arbitration paid by Growella on your behalf. For claims $10,000 and over, the payment of fees shall be decided by the AAA Rules.

(v) For claims under $10,000 you may elect for a document only arbitration through a telephonic hearing.

(vi) Notwithstanding the foregoing, you and Growella agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.

(vii) The Parties hereby consent to the nonexclusive jurisdiction of the state and federal courts of Hamilton County, Ohio, United States, for the enforcement of any arbitration award or for any other dispute related to the Services or the Agreement that is not properly submitted to arbitration.

(viii) If you are a new Growella user, you can choose to reject the arbitration agreement contained in this Section 12 (“opt-out”) by mailing us a written opt-out notice postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the Growella account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Growella.

(ix) If Growella makes any future change to this Section 12.3(a) you may reject any such change by sending us written notice within 30 days of the change. You acknowledge and agree that, in the event you reject any future change, your account with Growella shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.

(b) Class Action Waiver: You and Growella agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No class arbitration is permitted, and no arbitrator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Growella user cannot and may not affect any other Growella users.

12.4 Entire Agreement: These Terms and our Privacy Policy are the entire and exclusive agreement between Growella and you regarding the Services (excluding any service for which you have a separate agreement with Growella that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Growella and you regarding the Services.

12.5 Notice to California Residents

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Services or to receive further information.

If you have any questions about these Terms, please contact us.

Effective: October 29, 2020