Terms of Service
This Terms of Service Agreement (this โAgreementโ) is a binding agreement between you and California Prime Real Estate LLC. and its affiliated companies (collectively, โVillaPad,โ โwe,โ โus,โ or โourโ) providing the terms and conditions for your use of our Services.
By โServices,โ we mean all the products and services owned and operated by VillaPad, including the content, features, data, and software made available through www.VillaPad.com (the โWeb Siteโ), our mobile applications, and other websites or applications we operate.
Please review this Agreement carefully. ย By accessing and using our Services, you agree to all the terms and conditions of this Agreement. ย Please be sure to also review our
Privacy Policy, which is incorporated and made a part of this Agreement.
This Agreement contains warranty and liability disclaimers.
We may modify this Agreement from time to time and will post the amended agreement at www.VillaPad.com/terms. You will be deemed to have accepted this Agreement as amended if you continue to access our Services after any amendments are posted.
- General Terms
1.1 Using Our Services
1.1.1 General Requirements
By accessing our Services, you agree to abide by all applicable local, state, national, and international laws and regulations in your use of our Services.
Our Services are intended only for personal, non-commercial use by U.S. residents aged 18 years and over. If you do not qualify, please immediately discontinue use of our Services. We reserve the right to refuse to provide our Services to anyone at any time.
1.1.2 Registered Users
We reserve the right to restrict certain of our Services to registered users. In the event that any of our Services requires you to register prior to our granting you access, you agree to provide accurate, current, and complete account information, including but not limited to your name, address, telephone number, and email address, and to update this information as necessary to keep it accurate, current, and complete.
You may not sell, transfer, or assign your account with us to anyone else. You are responsible for maintaining the confidentiality of your account name and password, and for all activities that occur while logged in under your account. You agree to notify us immediately at contact@VillaPad.com of any unauthorized use of your account.
1.1.3 License
VillaPad grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. VillaPad reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not specifically permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 Copyrights, Trademarks and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of VillaPad (collectively, our โContentโ).
Our Content, including any content licensed to us by third party content providers (the โProvidersโ), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. ย Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
1.1.5 Infringement
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (โDMCAโ) to:
To find out what to include in the notice, click here to read the
DMCA.
1.1.6 Other Restrictions
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other partyโs use and enjoyment of our Services.
1.1.7 Submissions
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a โsubmissionโ) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.
By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
1.1.8 Mobile ID and Identity Verification Data
When you use your mobile device to electronically unlock our properties, you authorize your wireless carrier to disclose information about your wireless carrier account, such as subscriber status, payment method and device details, if available (the โMobile ID Dataโ). In addition, when you access the Services through a mobile device to electronically unlock our properties, you may be prompted to share your U.S. driverโs license or state-issued ID data. By sharing such information, you authorize our third-party identity verification service provider to collect the data displayed on and/or encoded in the barcode of your ID in accordance with its privacy policy, and you authorize us to receive such information (collectively, the โVerification Informationโ) from such service provider. As discussed in our Privacy Policy, we only use the Mobile ID Data and Verification Information for lawful purposes, including identity verification, security and fraud avoidance.
1.2 Disclaimers
1.2.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED โAS ISโ AND โAS AVAILABLE,โ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. VILLAPAD, ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 Assumption of Risk
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that VillaPad is not engaged in rendering legal, tax or other professional services. ย If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 Limitation of Liability
In no event shall VillaPad be held liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with your use of our Services or our Content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure in any way related to our Services or our Content, including but not limited to the inaccuracy of any reports, tools, analyses, agreements, or forms available through our Services or our Content.
You agree that neither VillaPad, its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. ย Additionally, you agree that VillaPad is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
1.4 Indemnification
You agree to indemnify, defend, and hold harmless VillaPad, its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneysโ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. ย You must not settle any such claim or matter without the prior written consent of VillaPad. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
1.5 Governing Law
This Agreement will be governed by the laws of the state of California, without regard to its provisions relating to conflict of laws.
1.6 Enforceability
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by VillaPad of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of VillaPad.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of VillaPad.
1.7 Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you expressly agree that we may contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. You can opt-out of text messages by replying โSTOPโ to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. ย Please be aware that we may record or monitor telephone calls for quality assurance.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
- Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. ย Weโve broken those out below.
2.1 VillaPad Estimates
If you received a VillaPad Estimated Offer (collectively referred to herein as a โVillaPad Estimateโ) from VillaPad, that VillaPad Estimate was calculated using publicly-available information and VillaPadโs proprietary valuation model built by our in-house team of real estate valuation professionals. It typically takes into account hundreds of data sets related to your home and its location.
Importantly, the VillaPad Estimate is not an appraisal, and is not an offer to purchase your home. It is merely an invitation for you to request an offer to purchase your home (an โVillaPad Offerโ).
2.2 Selling to VillaPad
2.2.1 VillaPad Offers
A VillaPad Offer is an offer by VillaPad to purchase a home. ย You will be eligible to receive a VillaPad Offer after you provide us with information about your home and (i) you are the owner or represent the owner of the home, (ii) the home is in one of our service areas, and (iii) the home meets our parameters, which may change from time to time for a given service area under our sole discretion.
In making you a VillaPad Offer, VillaPad is not acting as your real estate agent or broker. VillaPad is merely acting as, or on behalf of, a purchaser of real estate. As a seller, you have the right, and it is your responsibility, to independently evaluate and decide whether to accept the VillaPad Offer.
2.2.2 Not an Appraisal
Your VillaPad Offer will be calculated using publicly-available information, our proprietary valuation model, and the information you give us, like your unique home features and upgrades. Importantly, a VillaPad Offer is not an appraisal. It is the purchase price VillaPad is willing to pay for your home, subject to additional terms, conditions, and fees outlined in the offer.
2.2.3 Service Charge
Your VillaPad Offer will reflect a figure for VillaPadโs service charge. This service charge is intended to cover the expenses VillaPad incurs in buying and reselling your home, including holding costs like taxes, utilities, and maintenance. Service charge will vary dependent on anticipated costs for the particular home. It does not include negotiated repairs costs or third party charges related to the settlement of the sale.
2.2.4 Accepting a VillaPad Offer
If you accept a VillaPad Offer, you agree to the following additional terms and conditions regarding the sale of your home. We may modify this Agreement from time to time, so please review this Agreement at the time the Purchase and Sale Contract (the โSale Contractโ) governing your home sale executed. In the event of any conflict between the Sale Contract and the terms of this Agreement or the terms of the VillaPad Offer, the provision in the Sale Contract shall prevail to the fullest extent permitted by law.
When selling to VillaPad, the Sale Contract is entered into based upon home information represented by the seller prior to a home assessment. VillaPad reserves the right to request repairs or a price reduction should the home not accurately reflect the home information provided. ย In the event the parties do not agree to the repair request or price reduction, then either party may cancel the transaction and earnest money will be refunded.
2.2.5 After Youโve Sold
Please ensure youโve contacted the U.S. Postal Service to set up address forwarding to your new address effective as of your close date. Also, be sure to update your address anywhere that you regularly order packages from. ย Once your home sale has closed, we disclaim all liability for any mail or packages delivered to the property.
This Agreement was last modified on December 12, 2019.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY VILLAPAD.