vipHomeLink Terms and Conditions

Terms of Use

Last Updated:December 6, 2019

Welcome and thank you for your interest in vipHomeLink, LLC (collectively with its subsidiaries, "vipHomeLink"). By clicking a registration or new account submission button, or by otherwise using vipHomeLink's websites, networks, mobile applications, or other services provided by vipHomeLink (collectively, the “Services”), or accessing any content provided by vipHomeLink through the Services, you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

  1. Eligibility;Accounts and Registration. You must be at least 18 years of age to use the Service. By agreeing to these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address, your physical address within your profile, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial agreement with vipHomeLink permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
  2. Use of the Services; Restrictions.
    1. Use of the Services. As long as you comply with these Terms of Use, vipHomeLink grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may include software for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
    2. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. vipHomeLink does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. vipHomeLink may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
    3. Use of Content. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services (“Content”) only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You may display and distribute the Content, so long as vipHomeLink is cited as a source on every page where such Content is displayed, including “Data Provided by vipHomeLink” or similar language. Such cite may not include a vipHomeLink logo without vipHomeLink’s prior written approval or imply any relationship between you and vipHomeLink beyond vipHomeLink being a source of the Content. To obtain permission, please email your request to [email protected]
  1. Prohibited Use. BY USING THE SERVICES, YOU AGREE NOT TO:
    1. use information provided by vipHomeLink through the Services, or rely on such information, in making any home purchase decisions, loan-related decisions, or otherwise;
    2. reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
    3. provide/post/authorize a link to any of the Services from a third-party website;
    4. remove or modify any copyright or other intellectual property notices that appear in the Services;
    5. use the Services for resale or other similar purposes;
    6. use the Services in any way that is unlawful, or harms vipHomeLink, its service providers, suppliers, or any other user;
    7. distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
    8. impersonate another person or misrepresent your affiliation with another person or entity;
    9. reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by vipHomeLink for a particular portion of the Services;
    10. upload invalid data, viruses, worms, or other software agents to the Services;
    11. interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures vipHomeLink may use to prevent or restrict access to the Services;
    12. conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
    13. use any of vipHomeLink's trademarks as part of your screen name or email address on the Services; or
    14. attempt to, or permit or encourage any third party to, do any of the above.
  1. Fees
  1. Generally. You are generally required to pay membership fees to access features of the Services. All fees are in U.S. dollars and are non-refundable. If vipHomeLink changes the fees for all or part of the Services, including by adding fees or charges, vipHomeLink will provide you advance notice of those changes. If you do not accept the changes, vipHomeLink may discontinue providing the applicable part of the Services to you. vipHomeLink’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize vipHomeLink to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, vipHomeLink may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
  2. Subscriptions.The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate our Subscription Service, you authorize vipHomeLink to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). vipHomeLink may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by logging in and accessing your settings page.

 

  1. User Materials.
    1. UGC Definition; License Grant. Certain portions of the Services allow users to upload images, photos, video, data, text, and other content (“User Generated Content”, “UGC”, or “User Materials”). By uploading User Materials to the Services, you agree to abide by the terms herein. vipHomeLink will not pay you for your User Generated Content or to exercise any rights related to your User Materials. vipHomeLink may remove or modify your User Materials at any time.
    2. UGC Disclaimer vipHomeLink is under no obligation to edit or control your User Materials or the UGC of any other User and will not be in any way responsible or liable for any User Materials. vipHomeLink may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in vipHomeLink’s sole judgment violate these Terms of Use or are otherwise objectionable, sexually explicit, harmful, or distasteful. You agree to waive, and do waive, any legal or equitable right or remedy you may have against vipHomeLink with respect to User Materials. vipHomeLink expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, vipHomeLink may investigate the allegation and determine in vipHomeLink’s sole discretion whether to remove the User Materials, which vipHomeLink reserves the right to do at any time and without notice.
  1. 3rd3rd Party/Linked Services/Sent information.
  1. Generally. The Services include links to select third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the opt-in or distribution of your User Materials (collectively, your “User Information”) to third parties not under vipHomeLink’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party, not vipHomeLink. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other agreements, which you are solely responsible for complying with. vipHomeLink does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By choosing to use a tool that allows for User Information to be transferred, you agree that vipHomeLink may transfer the applicable User Information to the applicable third-parties, which are not under the control of vipHomeLink. Furthermore, if you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. vipHomeLink is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
  2. Certain Third-Party Services. Certain aspects of the Services include third-party tools that are subject to additional third-party terms and conditions, including, but not limited to, the following:
    1. Windows Live Virtual Earth. Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use available at
    2. Google Maps. Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.html, and Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
    3. Stripe.  Some of the Services allow you to use Stripe Connect to make payments to other users, and may include additional processing or application fees detailed when you choose to connect to Stripe. Your use of Stripe is subject to the Stripe Connected Account Agreement, available at https://stripe.com/us/connect-account/legal . Additionally, by using Stripe, you agree not to use Stripe (and the Services generally) for any Prohibited Business purposes, as listed athttps://stripe.com/us/prohibited-businesses .
    4. Amazon. Amazon. vipHomeLink is a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, vipHomeLink earns fees from qualifying purchases that our Members make using the “Buy Now” options on our site. These fees are paid by the seller, and do not impact the prices paid by our vipHomeLink Members.
  1. Intellectual Property. The Services are owned and operated by vipHomeLink. The user interfaces, design, information, data, code, products, software, content, graphics, and all other elements of the Services (“vipHomeLink Materials”) provided by vipHomeLink are protected by intellectual property and other laws and are the property of vipHomeLink or vipHomeLink’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the vipHomeLink Materials, and vipHomeLink reserves all rights to the vipHomeLink Materials and Services not granted expressly in these Terms of Use.

Intellectual Property Notices:

Certain content on the Services could be owned by third parties. The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. vipHomeLink does not assert copyright or grant any rights to the underlying images or descriptions of real estate properties provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and the requirements of applicable law.

  1. Feedback. If you choose to provide input and suggestions regarding the Services, including related to any vipHomeLink Materials (“Feedback”), then you hereby grant vipHomeLink an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
  2. DMCA; Claims of Copyright Infringement. vipHomeLink respects the intellectual property rights of others, and asks that everyone using the Services do the same. Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify vipHomeLink's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the copyright agent can locate it; Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.

Notices of copyright infringement claims should be sent as follows:
By mail: 
vipHomeLink, LLC

6 South Street, Suite 302

Morristown, NJ  07960
Attention: Copyright Agent

By e-mail, and relating to content on vipHomeLink.com and related websites: [email protected].

If you give notice of copyright infringement by e-mail, we may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

  1. Termination/Changes to Agreement. Except as stated in separate product-specific agreements, you may terminate your account at any time by contacting [email protected]. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from vipHomeLink to use the Services will terminate automatically. In addition, vipHomeLink may in its sole discretion terminate your account on the Services or suspend or terminate your access to the Services at any time for any reason, with or without notice. vipHomeLink may alter, suspend or discontinue the Services or any portion of the Services without notice. vipHomeLink will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. vipHomeLink reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your agreement to the revised version of these Terms of Use. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use.
  2. Privacy Policy/Other Terms.
  1. Privacy Policy. vipHomeLink will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the vipHomeLink Privacy Policy for more information, which is incorporated into, and made a part of, these Terms of Use.
  2. Other Terms. Your use of the Services is subject to all additional guidelines, rules, and agreements applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services. All such terms are incorporated into, and made a part of, these Terms of Use.

 

  1. Indemnification. You agree to indemnify, defend, and hold harmless vipHomeLink, its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Services; (b) your breach of these Terms of Use; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party; (e) any User Materials you upload to, or otherwise make available through, the Services; (f) your willful misconduct; and (g) any other party’s access to and/or use of the Services using your account and password. vipHomeLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with vipHomeLink’s defense of that claim.

 

  1. No Warranties. VIPHOMELINK PROVIDES THE SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIPHOMELINK AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. VIPHOMELINK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY VIPHOMELINK ENTITY OR THE SERVICES THAT IS NOT EXPRESSIVELY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND VIPHOMELINK MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF MATERIALS THROUGH THE SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURSIDICTION TO JURISDICTION.

 

  1. Limitation of Liability/Exclusive Remedy. IN NO EVENT WILL VIPHOMELINK OR ANY OF ITS STAFF OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF VIPHOMELINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIPHOMELINK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (E) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS; (F) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (G) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (H) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (I) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (J) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (K) USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE AGGREGATE LIABILITY OF VIPHOMELINK AND ANY OF ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICES OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO VIPHOMELINK FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO THE CLAIMS; AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT OF THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

  1. Choice of Law; Disputes.These Terms of Use are governed by the laws of the State of New Jersey, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction and venue in the state and federal courts sitting in or near Morris County, New Jersey for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. vipHomeLink operates the Services from its offices in New Jersey and makes no representation that the Services are appropriate or available for use in other locations, including non-U.S. jurisdictions.

 

  1. General.You agree not to export from anywhere any part of the Services provided to you, or any direct product thereof, except in compliance with, and with all licenses and approvals required under, applicable export laws, rules and regulations. Any Services used by the U.S. Government are provided with the commercial license rights described herein. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. Only vipHomeLink may assign this Agreement, in whole or in part, at any time with or without notice to you. vipHomeLink's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use, and all expressly incorporated terms and agreements, constitute the entire agreement between you and vipHomeLink with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and vipHomeLink with respect to the Services.

 

  1. Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from vipHomeLink as further described in the Privacy Policy, including email and SMS/text notifications. Please read the Privacy Policy to learn more about vipHomeLink’s electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that vipHomeLink sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  2. Contact Information and License Disclosures. The Services are offered by vipHomeLink, LLC and its affiliates, located Morristown, New Jersey, USA. You may contact vipHomeLink by emailing [email protected].
© 2015 - 2021 vipHomeLink LLC - All Rights Reserved - Patents Pending

Contact

Address:

6 South Street #302

Morristown, NJ 07960

 

Would love to hear from you!

[email protected]

 

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