Terms of Service

 

 

 

Welcome to CircleHomes.com (the “website”). By accessing and using the website, mobile applications, clicking a “get started” button, or other types of buttons on our website, or otherwise availing yourself of the services and information offered through the website, you (the “User” or “You”) agree to be bound by these Terms of Service (hereinafter “Terms of Service” or “Agreement”) in effect at the time of each such access or other use of the website. If you do not agree with these terms and conditions, do not use this website. You also acknowledge that Circle Homes may, from time to time, in its sole discretion and without notification to you, modify these Terms of Service. It is your responsibility to apprise yourself of any such revision or modification each time you visit or use the website. If you do not agree, you are not authorized to access or use the website in any manner, and you must exit the website immediately. Circle Homes, and its affiliates, may provide you with notices, and you consent to receive such notices, including but not limited to those regarding changes to the Terms of Service, Privacy Policy, promotions, surveys, marketing campaigns whether such notices are sent to you by email, first-class mail, SMS, MMS, text messages, voice calls, postings, data, transactions on CircleHomes.com website, automatic dialing systems, robocalls, or other reasonable means or hereinafter developed. Circle Homes is the provider of an internet platform for residential real estate buyers and sellers in specified geographic areas. Circle Homes has created the website as a means of providing, via the Internet, access to information about its services and other subjects related to its services. The features and information that a user may avail themselves of via the website are collectively referred to herein as the “Services.” This Agreement and the Privacy Policy may be modified by CircleHomes.com from time to time, and such modifications are effective upon posting by CircleHomes.com on the website. User to Provide Internet Access To access the website and/or use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. By accessing the website or becoming a user, you consent to have this Agreement and the Privacy Policy provided to you in electronic form. Use By Children Prohibited The website is not intended or designed to attract children under the age of 13. Circle Homes does not knowingly allow anyone under the age of 13 to access any Services or other features of this website. Term This Agreement will remain in full force and effect while you use the Service. Accessibility and Availability Circle Homes makes no guarantees regarding the availability of the website or the Services. Furthermore, Circle Homes reserves the right, within its sole discretion, to discontinue the website or Services and/or modify the contents of the website or the terms of its Services as it sees fit, including but not limited to the functionality of the website. You agree that Circle Homes will not be liable to you for any such discontinuance or modification of the website or the Services. Authorized Use Circle Homes grants you a limited license to access and make personal use of the website for purposes and uses that are legal and that are otherwise permitted by these Terms of Service. Other than page caching, you are not authorized to download or modify the website or any portion of it, except with the express written consent of Circle Homes. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of any information; or any use of data mining, robots, or similar data gathering and extraction tools. Furthermore, you may not pose or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. You are also prohibited from using the website in any way that restricts or inhibits any other website user from using or enjoying the website consistent with the letter and intent of these Terms of Service. Non-Commercial Use by Users Users may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by the Company or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Website for any purpose. The Company may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website. Any unauthorized use terminates the permission or license granted by Circle Homes in relation to the website. Prohibition Against Harmful Transmissions You agree that you will not upload, post, email, or otherwise transmit to the website any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment. You also agree not to (a) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution process; (b) create compilations or derivative works of any content and materials from the Site; (c) use any content and materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (e) make any portion of the Site available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (f) remove, decompile, disassemble, or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (g) use any automatic or manual process to harvest information from the Site; (h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (i) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and (j) export or re- export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Security Of Your Account You are responsible for maintaining the confidentiality of the username and password you designated during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out of your account at the end of each session. Guaranteed Offer Terms You also agree that Circle Homes may share the information you provide with thirdparty investors to assess your qualifications, to secure an offer if you are eligible, and for other purposes necessary to carry out Circle Homes’ obligations. Any third-party investors’ use of your personal information is subject to their own privacy policies. Decisions regarding your qualifications of the Offer Program are made at Circle Homes and its third-party investors’ sole discretion and will be considered final and binding. Linking (To & From) The Website; Advertisers Linked-To Sites Circle Homes may, from time to time, provide via the website, links to other worldwide websites or resources and/or advertisements or other such promotional materials for third parties. Because Circle Homes has no control over the content of linked-to sites or the quality of the goods or services offered via these linked-to sites, you acknowledge and agree that Circle Homes is not responsible for and in no way guarantees or endorses: (1) the availability of linked-to sites or resources; (2) the accuracy or completeness of any content available at or through the linked-to sites; and (3) the goods or services offered via these third-party sites. Accordingly, you acknowledge and agree that Circle Homes shall not be responsible or liable to you in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content of any linked-to websites and/or the quality of any goods or services offered by or through any linked-to third-party site. Links To CircleHomes.com From Other Sites Unless otherwise authorized in writing by Circle Homes, no user or third-party is authorized to “deep link” to any web page contained on the website (i.e., no links are permitted under any circumstances from third-party websites to CircleHomes.com web pages other than the CircleHomes.com home page). Such links are expressly prohibited. Furthermore, without written permission from Circle Homes, no user or third-party may link to the CircleHomes.com home page in such a manner as to create a reasonable possibility or likelihood of confusion by users of the third-party website as to the true ownership or sponsorship of CircleHomes.com and/or as to the existence or lack thereof of some affiliation or other relationship between CircleHomes.com and the third-party and/or its website. Content on CircleHomes.com Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by CircleHomes.com, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. CircleHomes.com does not: (1) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (2) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website. Under no circumstances will CircleHomes.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the website or transmitted to or by any users. Content Posted by You on CircleHomes.com (a) You are solely responsible for the content that you publish or display (hereinafter “post”) on the Service or transmit to other users. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading, or false information to CircleHomes.com. If information provided to CircleHomes.com subsequently becomes inaccurate, misleading, or false, you will promptly notify CircleHomes.com of such a change. (b) By posting content to any public area of CircleHomes.com, you automatically grant, and you represent and warrant that you have the right to grant, to CircleHomes.com, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by CircleHomes.com will not infringe or violate the rights of any third party. (c) Your use of the Service, including but not limited to the content you post on the Service, must be in accordance with all applicable laws and regulations. Privacy Policy Circle Homes will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please consult the Circle Homes Privacy Policy for more data, which is incorporated into and made a part herein by reference within these Terms of Service. Circle Homes Warranties NEITHER CIRCLEHOMES NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSEES, EMPLOYEES, MEMBERS, OFFICERS, DIRECTORS, OR AGENTS WARRANT THAT THE SERVICES OR THE INFORMATION PROVIDED VIA THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE HEREIN, THE SERVICES ARE DISTRIBUTED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH WARRANTIES BEING EXPRESSLY DISCLAIMED. NEITHER CIRCLEHOMES NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, ATTORNEYS, ASSIGNEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE OPERATION OR MALFUNCTION OF THE SERVICES, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability CIRCLEHOMES SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, ANY INFORMATION CONTAINED AT THE WEBSITE THROUGH ACCIDENT OR THROUGH FRAUDULENT OR WRONGFUL MEANS OR DEVICES. CIRCLEHOMES SHALL HAVE NO LIABILITY WITH RESPECT TO CIRCLEHOMES’ OBLIGATIONS UNDER THIS AGREEMENT OR IN RELATION IN ANY WAY TO THE WEBSITE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CIRCLEHOMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF CIRCLEHOMES TO YOU OR FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS VIA THE INTERNET, THE COST OF SUCH DISPUTED PRODUCTS (I.E., THE AMOUNT YOU PAID TO CIRCLEHOMES FOR SUCH PRODUCTS). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. NOTE THAT SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THE TWO PRECEDING PARAGRAPHS. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING THEREIN MAY NOT APPLY TO YOU. You agree to indemnify, defend, and hold harmless Circle Homes, its directors, members, managers, officers, employees, assignees, and agents attorneys, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a claim that: (1) if true, would constitute a breach of any of your representations, warranties, or agreements hereunder; and/or (2) arises out of your negligence, willful misconduct, or other breach of this Agreement. If one or more of the words, phrases, sentences, clauses, sections, subdivisions, or subparagraphs contained herein shall be held invalid, this Agreement shall be construed as if such invalid portion had not been inserted. If any invalid language is severed under this paragraph, the severed language shall be comprised of the smallest unit possible such that the severance of the unit results in a valid provision (i.e., a single item in a list will be severed rather than the entire list, a clause will be severed rather than the entire sentence, etc.). This Agreement sets forth and contains the entire agreement about the matters set forth herein between you and Circle Homes. There are no promises, terms, conditions, or obligations other than those contained herein. This Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between and among the parties. The headings used herein are for convenience only. The headings do not purport to define, limit, or extend the scope or intent of the language of the section and the paragraphs to which they pertain. The waiver by one party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach of the same or any other provision by the other party. The failure of a party at any time to require performance of any provision hereof shall in no manner affect the right later to enforce the same. The website contains copyrighted material, trademarks, and other proprietary information which may include text, software, photos, videos, graphics, music, and sound. The entire contents of the website are copyrighted as a collective work under the United States copyright laws. Circle Homes owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under the copyright law or expressly allowed herein, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of Circle Homes and the copyright owner, if other than Circle Homes. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any such ownership rights by downloading copyrighted material or otherwise using the website. Some of the content on the site is copyrighted work of third parties. The following trademarks and service marks, along with Circle Homes logos and product and service names, are trademarks of Circle Homes. Without the owner’s prior written permission, you agree not to display or use the Circle Homes in any manner not permitted by the applicable state and U.S. laws or as otherwise allowed by these Terms of Service. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at https://www.loc.gov/copyright. In accordance with the DMCA, Circle Homes has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written notification of claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to Circle Homes designated contact agent, as identified below. Please note: If you materially misrepresent that online material, product, or activity is infringing your copyrights, you may be liable for damages (including costs and attorney fees) and could be subject to criminal prosecution for perjury. We suggest you consult with a legal advisor before filing any notice or counter-notice. You warrant and agree that your access to and use of the website are following the laws governing such access, use, and related conduct in your geographic region. Circle Homes may make changes to the information on this website or to the services described herein at any time without notice. Circle Homes makes no commitment to update this information. It does not constitute an offer to sell or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision. Circle Homes is not a publicly traded company. Content of this site herein is intended to identify forward-looking statements designed to fall within securities laws safe harbor for forward-looking statements. No information herein is intended or purports to be any type of securities filing or registration or related documents. Use of this website or the corresponding services for any use or reason other than the intended and permissible uses described or implied herein is expressly prohibited. Any such misuse may constitute a violation of state and federal criminal laws and may result in civil and/or criminal prosecution. Furthermore, without limiting other remedies, Circle Homes may immediately issue a warning and/or temporarily or indefinitely suspend or terminate your privilege to use and access the website if you: (1) breach this Agreement; and/or (2) take actions that Circle Homes believes may result in legal liability for you, for Circle Homes, or for other website users. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation, or counseling under any circumstance. No attorney-client relationship is formed, nor is anything submitted to this Site treated as confidential. The accuracy, completeness, adequacy, or currency of the Content is not warranted or guaranteed. Your use of information on the Site or materials linked from the Site is at your own risk. You represent and warrant that you will use the Site and any products or services thereon in a manner consistent with all applicable laws and regulations. You agree that you will not upload or transmit any communications or content of any type that infringes or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes. Effective Date These Terms of Service were last modified on January 1, 2024.

 

 

Privacy Policy

 

 

 

 

Circle Homes is committed to safeguarding your privacy online whenever you use our website. Please review the following Privacy Policy to understand how your personal information will be treated as you make full use of our many offers. What Personally Identifiable Information Do We Collect? By accessing and using the website, mobile applications, or clicking a "get started" button, we may collect different types of information from our website in several ways. Initially, you may browse our website without submitting any personal information. However, if you choose to learn more about our services, you will be asked to complete an inquiry form. This may include personally identifiable information such as your name, address, email address, telephone number, payment information, details about your home, financial information, and more. We may also collect personal information when you request information about a real estate property, submit an inquiry or application for engagement or employment, or when you contact us via letter or email. From time to time, we may also ask users to complete surveys for research, testimonials, or promotional purposes. Wherever we collect personal information, it will be subject to the terms of this Policy. We may also collect certain location information when you use our website, such as your computer’s IP address or your mobile device’s GPS signal. Our website may contain links and advertisements to other websites operated by other companies or people. Therefore, we do not control the privacy policies of those websites, and this Policy statement applies only to information collected and maintained by us. How Do We Use Your Information? Our primary goal in collecting personally identifiable information is to provide you, the user, with a customized experience on our website. This includes personalization services and delivering relevant advertisements and content. We may use the information collected online to provide and improve the website, fulfill your requests for products, services, and information, analyze website usage, customize content, and for other purposes disclosed to you at the time of collection or pursuant to your consent. Cookies and Tracking Technologies We use cookies and similar technologies for technical reasons to enable the efficient operation of the website and to enhance user experience. By using the websites, you consent to our use of cookies and similar technologies. You may opt out of cookies and similar technologies in accordance with your browser settings, but please note that certain functionalities on the site may no longer function properly if you choose to do so. Links to Third-Party Sites Our website contains links and advertisements to other sites that may not be controlled by us. We encourage you to view the privacy policy and terms of use of any sites you may visit. We do not make any representations concerning the privacy practices or terms of use of such sites. Testimonials and Social Media We may post customer testimonials on our website or affiliated social media pages with the customer’s consent. Our website includes social media features that may collect your IP address and page visits. Your interactions with social media outlets are governed by the privacy statement of the company providing them. Careers If you apply for employment or engagement on our website, we will use the information you provide for recruitment purposes. We may also collect demographic information to support our workplace initiatives. Your provision of information to us is voluntary, but failure to provide sufficient information may result in rejection of your application. Data Sharing We may share information with subsidiaries, contractors, or third-party service providers for the purpose of providing our services or as required by law. We do not rent, share, sell, or trade personally identifiable information to third parties for their direct marketing purposes. Security Measures We follow industry standards to protect the personal information submitted to us, but we cannot guarantee 100% security. Users are encouraged to notify us of any security breaches. Changes to This Privacy Policy If Circle Homes decides to change its Privacy Policy, we will post those changes to this Privacy Policy and other appropriate places so that you are aware of the information we collect, how we use it, and under what circumstances, if any, we disclose such information. Circle Homes reserves the right to modify this Privacy Policy at any time, so please review it regularly.