Terms of Use

1. Welcome to Homendo

Welcome to Homendo, provided by Homendo, Inc. ("Homendo"). By using Homendo's websites (defined to include all properties (mobile, Web or otherwise) owned and operated by Homendo), related data, and/or related services (collectively, "Services"), you agree to be bound by the following terms of use, as updated from time to time ("Terms of Use").

2. Artificial Intelligence (AI) & Colorado AI Act Compliance

Homendo utilizes "High-Risk Artificial Intelligence Systems" as defined by the Colorado AI Act (SB24-205), specifically through the TimeToSell.AI platform, to generate predictive analytics, Sell Index Scores, and property valuations.

• Nature of AI Output: The scores, valuations, and predictions provided are probabilistic estimates generated by machine learning algorithms based on public data and user behavior. They are informational tools only and do not constitute an appraisal, a guaranteed offer, or a definitive statement of value.
• No Consequential Decisions: You agree that Homendo is a data provider and not the final decision-maker. You agree NOT to use Homendo's AI scores as the sole basis for making a "consequential decision" regarding housing, lending, or employment opportunities for any consumer. All AI-generated insights must be reviewed by a human professional before action is taken.
• Non-Discrimination: In compliance with Colorado Law and the Federal Fair Housing Act, you are strictly prohibited from using our AI-generated data (including Sell Index Scores) to discriminate against any person based on race, color, religion, sex, disability, familial status, or national origin.
• Developer/Deployer Liability: Homendo maintains a risk management policy to mitigate algorithmic bias. However, users (Agents/Brokers) acting as "Deployers" of this data are responsible for ensuring their use of the data complies with local regulations.

3. Privacy & Data Protection

We respect your privacy and comply with applicable data protection regulations, including the California Consumer Privacy Act (CCPA), Colorado Privacy Act (CPA), and GDPR principles where relevant.

• Right to Know: You have the right to request details on the personal data Homendo collects, uses, and shares.
• Right to Delete: You may request the deletion of your personal data at any time by contacting privacy@homendo.com, subject to legal retention requirements (e.g., real estate transaction records).
• Do Not Sell: Homendo does not sell your personal contact information to third parties for their direct marketing purposes without your affirmative consent.

4. Permissible Use

Unless you are a real estate or lending professional acting in your professional capacity, you agree to use the Services for your personal use, and your commercial use is limited to transactions done on your own behalf.

The commercial use of real estate and lending professionals is limited to providing information to consumers via the Services or, where authorized, taking actions on behalf of a consumer client (e.g., post a home for sale). Without limitation, lending professionals and institutions are prohibited from using information provided by Homendo through the Services in making any loan-related decisions.

The Services may be used only for transactions in residential real estate and may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties, timeshares, and vacation rentals.

Subject to the restrictions set forth in the following paragraphs, you may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Services. Notwithstanding the foregoing, the aggregate level data provided on the Homendo Listing Pages, (the "Aggregate Data") may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Homendo is cited as a source.

5. Agent Websites Subscription

Homendo provides a comprehensive Agent Website service, which includes both a domain name and hosting services. Agents may purchase their domain name through Homendo, which will manage and automatically renew it annually on behalf of the agent. Homendo is committed to ensuring continuous online availability of Agent websites with a promise of 24/7 uptime.

Hosting services are offered with a monthly fee, and Homendo's support team is available to assist Agents with configuration and updates upon request. Agent websites, hosted on Homendo servers, provide an array of customizable options such as template updates, color changes, and the ability to post news, testimonials, and market information.

These websites are designed to display listings from an Agent’s multiple listing service (MLS), and Homendo ensures that they are initially configured to comply with applicable MLS rules. Agents must secure written authorization from the controlling entity (board or association) of the MLS data prior to its display on their website. It is the Agent’s duty to continuously ensure that their website adheres to all relevant MLS or IDX rules. Homendo provides support to maintain compliance, but in the event of non-compliance, Homendo reserves the right to suspend or terminate services upon notification of any rule violations, until such time as compliance is re-established. Homendo reserves the right to terminate any Agent's website for non-payment, ensuring that the service can continue to offer robust and compliant hosting to all agents who adhere to these terms.

6. Restrictions and Additional Terms

You agree not to remove or modify any copyright or other intellectual property notices that appear in the Services. You will not use the Services for resale, service bureau, time-sharing or other similar purposes. Further:

• Acceptable Use: You agree not to use the Services in any way that is unlawful, or harms Homendo, its service providers, suppliers or any other user. You agree not to use the Services in any way that breaches the Good Neighbor Policy, the Homendo Mortgage Marketplace Code of Conduct, the Homendo Rentals Terms or any other policy or notice on the Services. You agree not to distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services. You agree not to impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party Web sites or otherwise. Except as expressly stated herein and without limitation, you agree that you will not, nor will you permit or encourage any third party to, reproduce, publicly display, or otherwise make accessible on or through any other Web site, 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.
• Automated Queries: Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Services, unless you have received express written permission from Homendo. As a limited exception, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Services and provide an index with links to the Services' Web pages, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users.
• 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.
• Calls: If you, as a consumer, choose to contact a real estate agent through the Services by filling out a contact request or other request form on Homendo, you authorize Homendo to provide your name and contact information and other identifying information you provide to the real estate agent you choose. Further, if you elect to request pre-approval from a Lender (as defined below) in connection with your contact with a real estate agent, you authorize Homendo to provide your name and contact information and other identifying information you provide to the participating Lender. You acknowledge that, by submitting your contact request or other request form on Homendo or by electing to request pre-approval, you may receive telemarketing calls from or on behalf of the real estate agent or Lender at the telephone number(s) you provide.

7. Materials You Provide; Account Use; Privacy

For materials you post or otherwise provide to Homendo in connection with the Services (your "Submission"), you grant Homendo an irrevocable, perpetual, royalty-free worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your Submission, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.

Homendo will not pay you for your Submission or to exercise any rights related to your Submission set forth in the preceding sentence. Homendo may remove or modify your Submission at any time. For each Submission, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Homendo the rights in this paragraph and that the Submission complies with Section 6 above. You are solely responsible for all Submissions made through your Homendo user account or that you otherwise make available through the Services.

Homendo will not use client contact information that is uploaded by agents into Homendo's Agent Hub portal for any purpose.

You may not share your Homendo user account with others. You are responsible for all actions taken via your account. Homendo will treat your use of the Services in accordance with its Privacy Policy. Certain Homendo functionalities may involve the distribution of your Submission to third party Web sites over which Homendo has no control. Homendo is not responsible for and makes no warranties or representations pertaining to these third party Web sites, including but not limited to the content, availability, or functionality of such Web sites. You are responsible for ensuring that your Submission complies with the terms of use associated with any such third party Web site and you understand that your Submission and your use of a third party Web site will be treated in accordance with that third party Web site's own privacy policy.

8. Advertising & Role of Homendo

Advertising: Homendo's business is primarily funded through advertising. You understand and agree that the Services may include advertisements, and that these are necessary to support the Services. To help make the advertisements relevant and useful to you, Homendo may serve advertisements based on the information we collect from you or in relation to your interaction on our site. See the Privacy Policy for more details.

The Role of Homendo: Homendo does not act as a real estate agent for you or any other user. Homendo does not sell, buy, or negotiate the purchase, sale, or exchange of real property. Further, Homendo does not lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property.

9. Mortgage Information Services

• Homendo Mortgage Marketplace: Homendo allows consumers to provide anonymous information to banks, lenders, originators, loan brokers and their employees (collectively, the "Lenders") to request quotes on terms for home loans. Lenders may elect to respond to consumer requests with non-binding customized quotes. These non-binding quotes are not intended to be Good Faith Estimates as defined in the Real Estate Settlement Procedures Act. Homendo also allows consumers to request that Lenders pre-approve them for home loans. When consumers submit the required information and request pre-approval from a participating Lender, Lenders may elect to respond based on parameters established by the Lender. Qualification for pre-approval does not constitute an offer to lend, a commitment for a loan, or a guarantee of specific rates or terms. If you, as a consumer, choose to contact a Lender through Homendo Mortgage Marketplace by filling out a contact request or other request form on Homendo, you authorize Homendo to provide your name and contact information and other identifying information you provide to the Lender you choose, along with your quote or pre-approval request. You acknowledge that, by submitting your contact request or other request form on Homendo, you may receive telemarketing calls from or on behalf of the Lender you choose at the telephone number(s) you provide. By submitting your name, contact information and other identifying information, your identity will no longer be anonymous. Any loan or other business conducted is between you and the Lender.
• The Role of Homendo; Disclaimer: Homendo is not a Lender, mortgage broker, loan originator, loan processor, or underwriter. Homendo does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans, or make loans or credit decisions in connection with loans. Homendo does not take applications for credit or issue pre-approval letters. Any request for quotes or pre-approval is not an application for credit. Homendo does not endorse or recommend the products of any particular Lender. Nothing contained in the Services is an offer to lend or a commitment for a loan, and Homendo does not guarantee any specific loan terms and conditions offered to consumers by a Lender will be granted, or that consumers will be offered any type of loan by any Lender. Homendo is not an agent of either any consumer or any Lender. Homendo is only providing an administrative service to consumers and participating Lenders. Decisions regarding pre-approval requests are made by participating Lenders and not Homendo. Homendo assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services, including Homendo Mortgage Marketplace, and any other information available there. Interest rates provided through the Services are for information purposes only, and actual interest rates may vary.
• Fees: The Homendo Mortgage Marketplace is free to consumers.
• Privacy: Homendo will not provide personally identifying information about consumers to any Lender without the consumer's consent. However, Homendo may use such information to improve the relevance of advertising shown to consumers. Please consult the Privacy Policy for more information.
• Lender Terms: Lenders participating on Homendo Mortgage Marketplace are further subject to the Homendo Mortgage Marketplace Terms of Use.

10. Software

The Services may include software for use in connection with the Services. If such software is accompanied by an end-user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Homendo grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Use.

11. Linked Materials and Third-Party Materials

The Services include links to third-party products, services and Web sites, as well as materials provided by third parties. Homendo does not endorse, and takes no responsibility for such products, services, Web sites, and materials. You understand that Homendo has no obligation to, and generally does not, approve or monitor materials provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and Homendo takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

12. Claims of Copyright Infringement

Homendo 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 Homendo's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

• Identification of the copyrighted work that you claim has been infringed;
• 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
• 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.

13. Intellectual Property

The Services are the property of Homendo, and subject to the intellectual property rights of Homendo and its licensors. ©2012-2025 Homendo, Inc. All rights reserved. You may not use any of Homendo's trademarks as part of your screen name or email address on the Services. 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.

Homendo does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright owner's permission and/or the requirements of applicable law.

14. NO WARRANTY

HOMENDO 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, HOMENDO AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOMENDO 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.

15. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL HOMENDO OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOMENDO OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

16. Changes; Discontinuance

Homendo reserves the right to change these Terms of Use at any time in its sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to Homendo's websites. 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. Homendo may alter, suspend or discontinue the Services at any time to you and/or to others, without notice.

17. Choice of Law; Disputes

These Terms of Use are governed by the laws of the State of Washington, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Services and/or these Terms of Use. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys' fees and expenses.

18. Indemnification

You agree to defend and hold Homendo, its affiliates, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of the Services, your violation of any law or the rights of a third party, or any Submission made through your Homendo user account or that you otherwise make available through the Services.

19. Release

You release Homendo, its affiliates, and their respective directors, officers, employees, and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Services. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

20. 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. All 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. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Homendo may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Homendo'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 constitute the entire agreement between you and Homendo with respect to the Services and supersede all prior or contemporaneous communications of any kind between you and Homendo with respect to the Services.