Homebody InsuranceAgency, LLC ("Homebody") provides the "User" access to thehomebody.com website and Homebody services subject to these terms and conditions of use. By accessing or using this website, including information made available on this site and the associated Homebody app (collectively, the"Site"), and/or availing itself of the services offered herein (collectively the "Services") User accepts these terms and conditions of use, including all product terms and conditions, privacy policies, and guidelines incorporated by reference (collectively, the "Terms") and any modifications that may be made to the Terms from time to time. If User does not agree to any provision of the Terms, they may not access or use the Site or avail themselves of the Services.
1.Modifications to Terms
Homebody reserves the right to change or modify any of the Terms contained herein, and any other terms, policies, or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. User's continued use of the Site following the posting of such changes or modifications will constitute acceptance of such changes or modifications.
2. Copyrights and Limited Trademarks
The Site and all content and materials available on the Site, including, without limitation, any logos, designs, text, documents, graphics, software, videos, sound files, and the selection and arrangement thereof (collectively,"Content"), are the proprietary property of Homebody and are protected by U.S. and international copyright laws. The Homebody names and logos, and any other product or service name or slogan contained on the Site and in any Content are trademarks of Homebody and may not be copied, imitated or used, in whole or in part, without the prior written permission of Homebody or the applicable trademark holder. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied under these Terms. Unless stated explicitly in these Terms, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
3. No Spam Policy
User acknowledges and agrees that any unauthorized use of the Site or Homebody’s computer systems (e.g., unsolicited email advertisements) is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the User or its agents to civil and criminal penalties.
4. Fee and Payment Disclaimer
Any fees or payments collected by Homebody applicable to transactions set forth on the Site, and all terms and conditions applicable to such fees or payments are set forth in the Site's Terms of Sale (defined in Section 8 below). THE SITE IS PROVIDED AS-IS AND USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PURCHASE, SALE, LEASE, OR OTHER TRANSACTIONS BY OR WITH SITE USERS OR OTHER THIRD PARTIES THAT RELATE TO THE SITE, ARE AT USERS OWN RISK.
User is responsible for determining whether sales, use, and other taxes apply to any transaction or other dealings relating to the use of the Site. Users must collect, report, and remit the correct tax to the appropriate tax authority. Homebody is not obligated to determine whether sales, use, or similar taxes apply to any transactions or other dealings relating in any manner to the Site, and, except as stated expressly on the Site, is not responsible for collecting, reporting, or remitting any sales, use, or similar taxes arising from any transactions or dealings relating to the Site.
6. Registration Data; Account Security
In consideration of the use of the Site, User agrees to (a) you are at least 18years of age; (b) provide accurate, current and complete information about User as may be prompted by registration forms on the Site ("RegistrationData"); (c) maintain the security of any logins, passwords, or other credentials that User selects or that are provided for use on the Site; and (d)maintain and promptly update the Registration Data, and any other informationUser provides to Homebody, and to keep all such information accurate, current, and complete.
Homebody reserves the right, in its sole discretion, to terminate your access to theSite and the related services or any portion thereof at any time, without notice or liability.
Failure to comply with Fair Credit Reporting Act (“FCRA”) may result in state or federal enforcement actions, as well as private lawsuits. Any person who knowingly and willfully obtains a consumer credit report or score under false pretenses may face criminal prosecution.
You understand and agree to use the Services in strict compliance with the Gramm-Leach Bliley Act (U.S.C. Title 15, Chapter 94,Section 6801 et seq.) and similar state statutes, if applicable.
7. Unauthorized Use of Your Password
Sharing your password with any other person is a breach of theseTerms. You agree that you are solely responsible for all transactions or acts that are validated through use of your password, whether or not made with your knowledge or authority. All instructions transmitted by or received from anyone presenting your password on the Site are binding to you You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Site for which you will be legally responsible. If you ever suspect that someone may have obtained access to your password who is not intended to have authority to act on your behalf, please contact Homebody immediately. You can authorize Homebody to refuse to accept any further transactions initiated under that password on your behalf and Homebody will use commercially reasonable efforts to block such transactions.
8. Reminders, Pre-Recorded Calls & Text Messages
On occasion, our customer service representatives, our affiliates, and/or an automated telephone dialing system may call you to respond to your inquiry, provide reminder messages about your account and other important information regarding our or an affiliates’ products and services. In the event of the use of the automatic telephone dialing system, these messages are played automatically when the telephone is answered, whether answered by you or someone else. You give us, our affiliates, and third-party lenders your consent to call any telephone number you have given to us, as well as any numbers we acquire that we can reasonably associate with your account, and to leave messages, whether pre-recorded or otherwise. If you are in default of your obligations to us, you authorize us to call you at any numbers you have provided us or we have obtained for you, to leave a message with a person or voice mail service stating our name and phone number, to text you, to write you at home and to acquire location information about you from references or employers on your application. You agree that we will not be liable to you for any such calls. You further consent to the recording and monitoring, for quality assurance and collection purposes, of any call that you place to us (or our affiliates) or that we (or our affiliates) place to you.
9. Paid Services
Homebody offers Services on the Site that require the payment of fees. Services, are made available subject to additional Terms and Conditions that supplement these Terms, made available and must be agreed to in connection with the purchase of any Services by User. Cancellations and modifications will be processed by Homebody in a timely manner. Homebody will not refund any pre-paid fees for Services during the month in which a cancellation or modification request was received. Homebody makes no guarantees with respect to the results expected or realized by User through the Services.
User will defend, indemnify and hold harmless Homebody, its parents, subsidiaries and affiliates, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to its use of the Site, violation of theseTerms, or violation of any rights of a third party.
11. Disclaimer of Warranties
USER AGREES THAT USE OF THE SITE AND THE SERVICES IS ENTIRELY AT USER"S OWN RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS” OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. HOMEBODY DISCLAIMS ANY WARRANTIES FOR THE SECURITY,RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE AND FOR THE RESULTS OF THE SERVICES. HOMEBODY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SITE. HOMEBODY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICES.
12. Limitation of Liability
NEITHER HOMEBODY NOR ITS PARENT, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING,WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HOMEBODY OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TOUSER’S ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, ANY CONTENT OR SERVICES. NEITHER HOMEBODY NOR ITS PARENT COMPANY SHALL BE HELD LIABLE FOR: A RESULT OF AN ERROR OR OMISSION IN PROCESSING ANY AUTHORIZED RECURRING DEBIT PAYMENT OR, YOU DO NOT HAVE ENOUGH MONEY IN YOUR ACCOUNT TOMAKE YOUR PAYMENT OR, A TRANSFER OF MONEY FROM YOUR ACCOUNT IS RESTRICTED OR,THIS WEBSITE WAS NOT WORKING OR, CIRCUMSTANCES BEYOND HOMEBODY’S CONTROL PREVENT PAYMENT DESPITE REASONABLE PRECAUTIONS OR, YOU FAIL TO USE THIS WEBSITE PROPERLY OR FAIL TO PROPERLY SECURE YOUR COMPUTER FROM VIRUSES, SPYWARE, TROJAN HORSES, OR OTHER MALICIOUS CODE OR, YOU DO NOT REQUEST PAYMENT SUFFICIENTLY INA DVANCE OF YOUR PAYMENT DUE DATE OR, YOUR FINANCIAL INSTITUTION OR CARD ISSUER REFUSES TO HONOR YOUR PAYMENT OR, HOMEBODY HAS BLOCKED YOUR ACCESS TO THIS WEBSITE OR, THIS WEBSITE HAS BEEN TERMINATED OR SUSPENDED OR, THIS WEBSITE INDICATES YOUR REQUEST WILL NOT BE PROCESSED OR, FROM ANY ACT OR OMISSION OFANY FINANCIAL INSTITUTION, ELECTRONIC FUNDS TRANSFER SYSTEM, OPERATOR OR THIRD PARTY SERVICE PROVIDER, OR CREDIT CARD ISSUER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. THE MAXIMUM TOTAL LIABILITY OF HOMEBODY AND ITS SUPPLIERS AND LICENSORS FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE AMOUNT ACTUALLY PAID, BY USERTO HOMEBODY FOR USE OF THE SITE AND THE SERVICES IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
This Site may contain links to sites maintained by third parties. SBG is not responsible for the content or privacy policies of those sites, and the existence of such links should not be considered an endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
14. Restrictions onAccess Downtime
Access to and use of the Site and Services may be temporarily down ,inaccessible, or deactivated due to maintenance, upgrades, equipment failure, power failure, and/or other scheduled or unscheduled downtimes or interruptions and Homebody shall not be liable to User or any third party for any such circumstances. Neither Homebody nor its suppliers or licensors will be liable to User or to any third party for any modification, discontinuance, orrestriction of the Site or Services.
15. Consent to Electronic Communications
By using the Site, User consents to receiving electronic communications from Homebody.These communications may include notices about User’s account and information concerning or related to the Site. User agrees that any notices, agreements, disclosures, or other communications that Homebody sends electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. General Legal Notices
Homebody’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of User’s license to access the Site or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms are governed by the laws of the State of Utah, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Site, Services or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the AmericanArbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in SaltLake City, Utah, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Utah law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between User and Homebody concerning the Site and Services. These Terms supersede all prior agreements or communications between User and Homebody regarding the subject matter of these Terms.
17. Questions & Contact Information
User should direct any questions or comments about the Site to Homebody at [email protected].
The Homebody Privacy Notice applies to use of this Site, and its terms are made a part of these Terms by this reference. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure.
These terms and conditions (“Terms and Conditions”) form a binding contract between Homebody Insurance Agency, LLC (“Homebody”, “we”, “us”, “our”) and you (“you”, “your”). You acknowledge that you have read and understand these Terms and Conditions and agree to conduct all transactions with us by electronic means, including electronic enrollment and payment.
1. Payment Terms.
You agree, by submitting your payment information via this website, to authorize Homebody to charge your credit card or debit your bank account for the amount(s) shown on such payment screens, which may include insurance premiums as well as administrative and other fees charged by Homebody for its services. Homebody fees are non-refundable once collected, and are subject to change from time to time in Homebody’s sole and reasonable discretion, without prior notice to you. For recurring debit transactions, you also authorize Homebody to make automatic withdrawals between 3-15 days prior to the commencement of the next billing period of your policy. If any payment is rejected for any reason, including insufficient funds, your applicable policy(ies) may be cancelled, and you will have no coverage. Late or failed payments will result in a lapse of coverage. Your coverage will be terminated if we have not received payment as of midnight, Mountain Time, of the policy renewal date. The first payment will be billed immediately, and you will be auto-debited on the day the coverage period begins; all other payment obligations will be billed 3-15 days prior to the commencement of the next billing period of your policy.
You understand that if your policy start date is 120 days or more from today’s date, the premium quoted to you here may be subject to change before the policy is instated. You agree that the policy premium rates and other charges required to keep your policy active may increase from time to time, in accordance with the terms of the policy documents provided by the insurance carrier, and you agree to pay the amounts provided to you when payment is due. You further agree that Homebody may back-bill you for such increased fees within a reasonable amount of time after the effective date(s) of such increases.
2. Term and Termination.
The term of each insurance policy placed through Homebody is either month-to-month (a monthly continuous policy) or annual (yearly continuous policy). These Terms and Conditions will remain in place perpetually, so long as you continue to have an insurance policy through Homebody, or until either party terminates these Terms and Conditions by providing seven (7) days prior written notice to the other party. If a cancellation notice is not received prior to a new billing cycle, you will not be refunded any amounts already debited from your account. To terminate these Terms and Conditions, you must send your notice to [email protected] or mail it to Homebody Cancellations, 4205 Chapel Ridge Ln Lehi, UT 84043. If a recurring payment is rejected by your financial institution, we reserve the right to terminate these Terms and Conditions by providing written notice to you as outlined above.
3. Limitation of Liability.
Homebody's liability is limited by law and limited to those damages proximately caused by Homebody, and Homebody shall not be liable for any special, incidental, or consequential damages arising from any breach of these Terms and Conditions. If Homebody's error was unintentional and is determined to have resulted from a bona fide error, Homebody's liability is limited to actual damages. Neither Homebody nor its parent company shall be liable for: (a) any error or omission in processing any authorized recurring debit payment; (b) any payment returned for insufficient funds; (c) any payment failure because your account is restricted; (d) any network or computer failure resulting in your inability to use this website; (e) circumstances beyond Homebody's reasonable control that prevent your payment from being processed; (f) your failure to submit a payment sufficiently in advance of your payment due date; (g) any refusal of your financial institution or card issuer to honor your payment; (h) your inability to make a payment because Homebody has blocked your access to this website in accordance with these Terms and Conditions; or (i) any act or omission of any financial institution, electronic funds transfer system, operator or third party service provider, or credit card issuer.
4. Recurring Debit Transactions.
Homebody is entitled to use and rely upon the information you provide on this website, but is not responsible for any loss results from mistaken or fraudulent information provided by you or someone who purports to be you. Each recurring debit transaction will be processed using the information you provide when you enroll. Homebody has no obligation to provide notice to you of a delinquent payment, which will occur if an authorized recurring debit from your account is rejected, and a payment has not been made by the due date. Homebody may, at its discretion, initiate a payment or adjustment from an authorized recurring debit entry that was made in error, and choose the system or third party service provider to be used to process the recurring debit payments.
Homebody functions as an insurance agent, and not as an insurance carrier. Any protections afforded to Homebody under these Terms and Conditions shall also apply to any Homebody parent, subsidiary, and affiliated entity. No waiver of any terms will be effective unless in writing. You may not transfer your rights or obligations under these Terms and Conditions. These Terms and Conditions are governed by the laws of the State of Utah, without regard to the state’s conflict of laws provisions, and by applicable federal laws and regulations. If any term herein is deemed to be invalid or unenforceable, the remaining terms shall remain valid and enforceable as written. These Terms and Conditions are in addition to any other agreement you have with Homebody. Each party shall bear any and all fees and other charges applicable and designated by its own financial institution(s).
6. Fraud Warning.
It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines, and denial of insurance benefits. Your state may have specific warnings against filing false claim information. In case of same-day coverage enrollment, you certify there have been no losses, accidents, or circumstances that might give rise to a claim under this policy within the previous 24 hours, and you agree that any claims incurred prior to the effective date of the policy shall not be covered thereby.
7. Agreement to Deal Electronically
All of your transactions with Homebody may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms and Conditions unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of these Terms and Conditions and any other contract or disclosure that we are required to provide to you.
By submitting payment or other information on any step of a transaction within this website, you agree to conduct such transaction by electronic means. By completing any transaction with us through this website, you are agreeing to conduct an electronic transaction and to use and receive communications through electronic means. You agree to enter the requested information electronically, including any applicable insurance contract(s), via the Internet, and to be notified regarding any transaction electronically through the email address and/or phone number you have provided. You understand that electronically signed documents have the same legal effect as hard copies with ink signatures. You understand that you may refuse to conduct other electronic transactions in the future.
Except as otherwise provided in these Terms and Conditions, we will give you any notices regarding this website by posting them on this website. You also authorize Homebody to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the website for notices, and you will be considered to have received a notice when it is posted on the website, or when sent by us via electronic mail, whether or not received by you. You must keep your email address current and any notice sent by us to an email address that you have provided to us will be considered effective notice.
8. Underwriting Entities
You are provided the following information pursuant to various state insurance laws, including, but not limited to those of California, Maine, and Missouri.
The following terms are the Membership Agreement (“Membership Agreement”) of the Identity Theft Protection program (the “Program”) between you, the person who has enrolled in the Program (“you”, “your”, or “Member”), and Homebody Insurance Agency, LLC (“Homebody”, “we”, “us”, “our”). Upon enrollment, you agree to be bound by these terms. You should read the terms carefully. If you have any questions regarding your membership, you may contact our customer service center 24 hours a day at the toll-free number listed on your membership card.
1. Membership Benefits.
As a Member, you are entitled to access discounts and/or other benefits on various products and services offered by participating vendors through www.residentsecureonline.com ("Program Website") and customer service center ("Benefits"), as described in your membership guide, provided to you by Homebody once enrolled, or on Program Website. Some Benefits may not be available in your area. Additionally, the discounts available through the Program may not be used in conjunction with any other discount program. PLEASE SEE YOUR MEMBERSHIP MATERIALS AND THE PROGRAM WEBSITE FOR IMPORTANT DETAILS AND LIMITATIONS. All listed or quoted prices are current prices only and are subject to change without notice. We reserve the right to suspend or end the Program or certain aspects thereof, without prior notice, in our sole discretion. We also reserve the right to suspend or end certain aspects of the Program in certain geographic areas, without prior notice, in our sole discretion.
2. Membership Terms.
Your membership is effective immediately upon your enrollment in the program and shall continue on a month-to-month basis until cancelled as described below. You may cancel your membership at any time by calling us at the toll-free number listed on your membership card or by writing us at the address indicated below. Unless you notify us that you wish to cancel your membership by following these instructions, or your membership is otherwise cancelled as provided herein, your membership will continue automatically and you will be billed the then-current membership fee, which will appear on your statement, depending upon how you enrolled.
3. Payment of Membership Fee.
The payment of your membership fee (which, if applicable, includes any trial period fee as well as enrollment or processing fees and shipping and handling charges) is made automatically by a charge to the payment account authorized by you (the "Payment Account") in accordance with the Terms to which you agreed. In the event that the Program offer to which you agreed includes a trial period, you may cancel your membership at any time during the trial period and not be charged, other than any one time enrollment or processing fees, and shipping and handling charges, in each case depending on the Program offer to which you agreed, as well as money paid for Benefits ordered by you. We reserve the right to terminate your membership at any time without notification, including in the event that we are unable to bill the membership fee to your specified Payment Account.
4. Promotional Membership Fee.
From time to time, in our sole discretion, we may provide a reduced membership fee, for a promotional period, to first-time or other selected customers. If you are provided with such a promotional reduction in your membership fee ("Promotional Membership Fee"), your Payment Account will be charged the Promotional Membership Fee for the promotional period. You agree that any such reduced price is only valid for the promotional period established by us, and that the regular applicable periodic membership fee will be charged to your Payment Account following the end of the promotional period. Terms of the Promotional Membership Fee, including the duration and amount of the Promotional Membership Fee, may vary from time to time.
5. Continuation of Membership.
Unless you notify us that you wish to cancel your membership by following the instructions in the paragraph below titled Termination of Membership, your Membership will continue automatically and you will be billed the then-current membership fee which will appear on your Payment Account statement, depending upon how you enrolled. We reserve the right to increase or decrease the membership fee, or add new fees and charges, from time to time. You agree that unless you cancel your membership prior to the effective date of the membership fee increase, you will be charged the new applicable periodic membership fee on each anniversary date after the effective date of such change, and you authorize us to charge the new applicable periodic membership fee to your Payment Account. You are solely responsible for any and all fees charged to your Payment Account by the credit or debit card issuer, bank, or financial institution, including but not limited to membership, processing, shipping and handling, overdraft, insufficient funds, and over-the-credit-limit fees, in each case to the extent applicable.
6. Electronic Fund Transfer Authorization.
If the Payment Account you have provided is a checking account, you authorize us to create an electronic funds transfer request ("EFT") which will be presented to your bank for payment from your checking account. Your membership term shall be month-to-month; you therefore authorize us to charge your checking account on a monthly basis, and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring monthly membership fee with pre-authorized charges to your checking account and your electronic execution of an acknowledgement of your acceptance of this Membership Agreement ("Electronic Signature") constitutes your pre-authorized EFT authorization for future charges on your checking account and your consent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with this Membership Agreement, including, without limitation, differing amounts due to Promotional Membership Fees or changes to your membership plan, and you authorize us to charge your checking account for such varying amounts. You agree that if an EFT is returned unpaid, you will pay a service charge up to the maximum amount allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your membership as described in these Terms. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel your pre-authorized debit authorization by contacting your bank within a sufficient time to cancel the authorization (Please see your agreement with your bank for the terms and conditions of cancellation). Please note, however, that you must still notify us of the cancellation of your membership as described herein, as cancellation of your authorization with your bank will not serve as notice to us concerning cancellation of your membership.
7. Use of Membership.
Your membership is non-assignable and non-transferable. You agree that only you—or if the Family Plan, as defined in the membership guide, is selected, you, your spouse, your domestic partner, and your children up to and including age 25 who are residing at your address or attending school—may use the membership. Benefits are not to be resold. You are limited to one membership per twelve-month period per immediate family. You are responsible for all use of your membership and will promptly notify us if you become aware of any unauthorized use of your membership, your membership card or membership number, or if your membership card is lost or stolen. If you were offered the opportunity to claim a premium or gift in connection with your enrollment in the Program, you are limited to one premium or gift per Program and, depending upon the offer you agreed to, you may be required to be a member of the Program at the time that your claim is processed.
8. Disclaimer of Liability.
You agree that Homebody and its parents, our subsidiaries, affiliates, partners and providers are not responsible or liable for any Benefits provided by participating vendors and, if you have any claims relating to such Benefits, you will make your claim against the vendors providing the Benefit. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. We do not guarantee, nor are responsible for, the quality of products or services provided by any independent vendors.
We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to you in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be.
IN NO EVENT SHALL WE OR ANY OF OUR PARENTS, AFFILIATES, PARTNERS OR PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR AGGRAVATED DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, PROGRAM WEBSITE, MEMBERSHIP GUIDE, ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON ANY PROGRAM WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN, OR ADVERTISED ON ANY PROGRAM WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PROGRAM WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR MEMBERSHIP.
9. Changes to Terms and Conditions.
We may, at any time, and at our sole discretion, modify this Membership Agreement by posting the modified Membership Agreement on the Program Website. You agree to review this Membership Agreement periodically on the Program Website. If you do not agree to any modification of this Membership Agreement, you must immediately cancel your membership. Continuing your membership following any such modifications will constitute your acceptance of the modified Membership Agreement.
10. Termination of Membership.
YOU MAY TERMINATE THIS MEMBERSHIP AGREEMENT AND YOUR MEMBERSHIP AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER LISTED ON YOUR MEMBERSHIP CARD/MATERIALS OR BY NOTIFYING US IN WRITING AT CUSTOMER SERVICE, Homebody Insurance Agency, 4205 Chapel Ridge Rd., LEHI, UT 84043. YOUR CANCELLATION WILL BE PROCESSED PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, YOU WILL NOT OWE ANY FURTHER MEMBERSHIP FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, PROCESSING AND/OR TRIAL PERIOD FEES MAY NOT BE REFUNDABLE. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PROGRAM (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE WILL TERMINATE YOUR MEMBERSHIP IF IT IS NOT USED IN ACCORDANCE WITH THIS MEMBERSHIP AGREEMENT OR YOU HAVE NOT PROPERLY ENROLLED IN THE PROGRAM. IN SUCH A CASE, WE RESERVE THE RIGHT TO: (1) NOT REFUND MEMBERSHIP FEES (INCLUDING, WITHOUT LIMITATION, ANY ENROLLMENT OR PROCESSING FEES, SHIPPING AND HANDLING CHARGES AND OTHER FEES, IN EACH CASE TO THE EXTENT APPLICABLE) PAID BY YOU AND/OR (2) NOT FULFILL ANY PENDING ORDERS FOR BENEFITS PURCHASED PRIOR TO CANCELLATION OF THE MEMBERSHIP. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON. MEMBERS ARE PROHIBITED FROM RE-ENROLLING IN THE PROGRAM FOR TWELVE (12) MONTHS FOLLOWING CANCELLATION.
11. Entire Agreement.
This Membership Agreement, along with any terms that you agreed to while accessing the Program Website, contains all of the terms and conditions of membership, and no representations, inducements, promises, or agreements concerning the membership not included in this Membership Agreement shall be effective or enforceable. If any of the provisions of this Membership Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect as written.
12. Governing Law.
THIS MEMBERSHIP AGREEMENT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between you and us (or made by or against anyone connected with you or us, or claiming through you or us) arising from or relating to your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Utah, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, you and Homebody retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the State of Utah without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between you and us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and Homebody do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis. If you prevail in the arbitration of any Claim against us, we will reimburse you for any fees that you paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. However, any participatory hearing that you attend shall take place in Salt Lake City, Utah, unless you chose to have the hearing take place in the federal judicial district that includes your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your membership as well as voluntary payment of the debt in full by you or any bankruptcy by you.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING, WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS MEMBERSHIP AGREEMENT, BY REGISTERED MAIL AT ARBITRATION OPT-OUT, HOMEBODY INSURANCE AGENCY, 4205 CHAPEL RIDGE RD., LEHI, UT 84043. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM UNLESS THE MEMBERSHIP IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR MEMBERSHIP IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE FIRST ANNIVERSARY OF YOUR ENROLLMENT DATE.
14. Availability Restrictions.
This program is only available to residents of the contiguous United States (excluding any such states as we may designate from time to time in your Membership Guide and/or the Program Website).
15. Consent to Electronic Communications.
You consent to receive communications from us about your membership electronically, either by e-mail or by notices posted on the Program Website, as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. You agree that we may send you e-mails which include notices about your membership as well as information pertaining to the Program and services, such as featured products/services or new offerings. You agree that this information is part of your membership with us.
For purposes of these Rent Reporting Terms, Resident or User or You shall mean the individual enrolling in Rent Reporting, which is a credit reporting and financial tool provided through Homebody and its affiliate Simplified Business Group, LLC, also known as Rent Dynamics (“SBG”), to report Resident’s rent and utility payments due under their rental agreement to one or more consumer reporting agencies (e.g., Equifax, TransUnion, and/or Experian) (“Rent Reporting”). Enrollment in Rent Reporting is entirely optional and is not a condition of your rental agreement.
The monthly fee will be charged with Resident’s rent bill on an automatic recurring basis unless and until Resident cancels. Charges are non-refundable.
After enrolling in Rent Reporting, Resident may cancel Rent Reporting at any time, for any or no reason, by using the Homebody app,, by sending written notice of termination to Homebody at 4205 Chapel Ridge Road, Lehi, Utah 84043 – Attn Rent Reporting Service Charge, or contacting Homebody directly at [email protected]. Resident must cancel no later than ten (10) days before the end of the month to avoid being charged for a subsequent month.
The Rent Reporting services and fees may be altered or otherwise modified by Homebody with thirty (30) days’ advance notice to Resident. Resident’s failure to cancel Rent Reporting after receiving such notice constitutes acceptance of any such changes.
For more information about Rent Reporting, please refer to the FAQs located at https://www.homebody.com/products/rent-reporting or contact Homebody at [email protected] or 1-877-577-0850.
1. Rent Reporting
In providing Rent Reporting, SBG adheres to all FCRA and any other applicable federal and state regulations when reporting payment or failure to make payments to the Credit Bureaus (as later defined). Users of Rent Reporting acknowledge that their performance under their Lease (as later defined) may be reported to one or more of Equifax, TransUnion, and Experian (individually a “Credit Bureau”, together the “Credit Bureaus”), whether their performance is positive or negative. Users specifically acknowledge and agree that SBG may disclose any default under their rental payments, along with any other relevant information, to the Credit Bureaus. SBG will report payments or failure to make payments under your Lease to the Credit Bureaus, which in part is designed to assist parties in establishing a credit history and/or a credit score. Impacts to your credit score may vary. Credit scores are impacted by many factors and SBG does not represent or warrant that reporting conducted by SBG will have an impact (positive or negative) on a user’s credit score. Rent Reporting provided by SBG may not factor into a user’s credit score on all scoring models (i.e. may not be included on some FICO or Vantage score models) used by various lending institutions. Participation in Rent Reporting can be canceled or revoked at any time by the consumer by canceling Rent Reporting. Subject to FCRA and any other applicable federal or state laws, rules, or regulations, the following restrictions apply to all users who have their payments or failure to make payments reported to a Credit Bureau:
2. Permissible Purpose
SBG uses information and reports from one or more Credit Bureaus to track score changes and measure the effectiveness of Rent Reporting. User acknowledges and agrees that Credit Bureaus may provide a user’s individual credit reports to SBG solely for the purpose of tracking changes to the user’s credit score over periods of time in order to measure the effectiveness of Rent Reporting. SBG will make such credit score information available to the user in the Rent Reporting resident portal when the information is collected, for as long as user is enrolled in Rent Reporting.
SBG provides public record information using a variety of third-party personal information suppliers, technologies, and public information databases. User hereby authorizes and instructs SBG to act as user’s agent by accessing and using any available online searchable databases on user’s behalf for the purpose of obtaining and gathering personal information about user for user’s use and benefit and to request the removal of user’s personal information from databases if user so directs. The public information that SBG obtains is delivered via the internet by a digital dashboard that contains alert flags and nationwide public record information that is obtained from third parties, as well as proprietary databases and derived information. Unless explicitly stated otherwise, any new features that augment or enhance the current Protection Services – including the release of new SBG properties – shall be subject to these Terms. User hereby authorizes SBG to communicate with user with routine status update emails, monthly emails, alert emails, and with information about other privacy and security products.
3. Identity Authentication
SBG obtains, verifies, and sometimes stores personal information of its users. User authorizes SBG, directly or through third parties, to make any inquiries SBG considers necessary to verify user’s identity. This may include asking user for further information, requiring user to take steps to confirm ownership of user’s email address or a financial account, and verifying user’s information against third-party databases or through other sources. If SBG cannot verify user’s information to the extent SBG deems necessary, SBG may not be able to allow user to use the Services. User understands and agrees that when using Rent Reporting user will provide, true, accurate, current, and complete information about user and that user will maintain and update such information.
4. User Representations
Upon enrollment for Rent Reporting and using the Site, user agrees that user is providing the following representations to SBG: (1) user is over the age of 18; (2) that all information provided by user to SBG is truthful, accurate and complete; (3) that user understands that upon enrollment user is providing ‘written instructions’ in accordance with the FCRA for SBG to obtain information from user’s personal credit profile or other information from a consumer reporting agency; and (4) user understands that user is authorizing SBG to retain a copy of user’s personal credit information in its records along with other information that user is submitting upon enrollment, or within the Site at any time to use that information to provide Rent Reporting and third party offers from time to time.
5. Purchase Policy
Rent Reporting is available for a fee. Resident will be charged a fee only after SBG obtains Resident’s consent to pay such fee. SBG reserves the right to change the fees or use of Rent Reporting or to change the features of Rent Reporting, at any time with thirty (30) days’ advance notice to Resident. Resident’s failure to cancel Rent Reporting after receiving such notice constitutes acceptance of any such changes. Resident shall pay all fees incurred through the use of Rent Reporting at the rates in effect for the billing period in which Rent Reporting is delivered. Resident understands and agrees that the Rent Reporting subscription will automatically renew at the end of the predetermined time period unless SBG is contacted by Resident to cancel Resident’s account. However, Rent Reporting is immediately terminated upon Resident’s move out from Resident’s current residence. If Resident moves to another residence (or unit in the same community) which engages SBG to provide Rent Reporting, Resident must re-enroll to continue receiving Rent Reporting.
6. SBG Termination/Access Restriction
If Rent Reporting is not actively used by Resident via a log-in to Rent Reporting account for a term of 120 days or more, SBG may discontinue the provision of the Rent Reporting.
User agrees that Homebody and SBG and their service providers, as applicable, retain all ownership and proprietary rights in Rent Reporting, associated content, technology, mobile applications, and websites.
8. User Conduct
User agrees not to use Rent Reporting or the content or information delivered in any way that would: (a) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of Rent Reporting to impersonate another person or entity; (b) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) create liability for Homebody or SBG or their service providers or cause Homebody or SBG to lose the services of their service providers; (d) access the information and content programmatically by macro or other automated means; or (e) use Rent Reporting in such a manner as to gain unauthorized entry or access to computer systems.
User agrees to defend, indemnify and hold harmless Homebody and SBG, their third-party service providers, and their officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses, including settlement amounts and reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of Rent Reporting, user’s violation of these terms or user’s infringement, or infringement by any other person of user’s account, of any intellectual property or other right of anyone.
10. DISCLAIMER OF WARRANTIES
YOU AGREE YOUR USE OF THE SERVICES AND ALL INFORMATION AND CONTENT (INCLUDING THAT OF THIRD PARTIES) IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, AND OUR SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE USE OF THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE, AND OUR SERVICE PROVIDERS, MAKE NO WARRANTY THAT THE SERVICES (i) WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICES OR TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTPLUS OR ITS SERVICE PROVIDERS THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. LIMITATION OF LIABILITY
YOU AGREE THAT HOMEBODY AND SBG AND THEIR THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER’S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
12. Export Restrictions
You acknowledge that Rent Reporting and any software underlying Rent Reporting are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the software or services, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that Rent Reporting may include technical data subject to export and re-export restrictions imposed by U.S. law.