Homebody Insurance Agency, 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.
These terms and conditions of use are a binding contract between Homebody Insurance Agency, LLC ("Homebody", “we”, or “us”) and you (“you” or “your”). These terms and conditions of use, privacy policy, and any other agreement or document incorporated by reference, including applicable product terms and conditions (the “Product Terms”) (collectively, the "Terms"), govern your access to and use of Homebody’s website, mobile websites, and phone applications (the “Sites”), and any content, functionality, products, and services offered on or through the Sites, including Homebody products and services (collectively, the “Services”). Certain Services may be provided by affiliates of Homebody, who are third-party beneficiaries of the Terms.
YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN AN ARBITRATION PROVISION GOVERNING HOW CLAIMS BETWEEN YOU AND US CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO: (1) WAIVE YOUR RIGHT TO A COURT HEARING AND A JURY TRIAL, (2) SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND (3) WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THESE TERMS, MEANING THAT YOU AND WE ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES.
BY ENTERING INTO THESE TERMS, YOU AND HOMEBODY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.
By using the Services, whether by creating an account, browsing the Sites, or otherwise, you agree that you have read and agree to be bound by these Terms. If you do not agree to these Terms in their entirety, your sole option is to discontinue your use of the Services.
We may update the Terms from time to time, which will be posted to the Services. By using the Services following the effective date of any modification to these Terms, you consent to the modified Terms.
1. Your Account
In order to use the Services, you must be at least 18 years of age. If you choose to create an account, you must provide information to us that is true, accurate, and current, and you must keep your registration and contact information up to date. You are responsible and must protect the security of your account and password. You will be responsible for all use of your password or other credentials, even if such use was conducted without your authority or permission. When using the Services, you agree to abide by all laws and these Terms.
All instructions transmitted by or received from anyone presenting your password on the Services are binding to you. 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. You agree not to let others use your account. You agree not to disclose your password to anyone and 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 Services 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 us immediately. You can authorize Homebody to refuse to accept any further transactions initiated under that password on your behalf and we will use commercially reasonable efforts to block such transactions.
Subject to applicable law, we may, at any time and without notice to you, terminate or block your access to the Services for any reason, in our sole discretion, including but not limited to the following reasons:
You declare the following:
Failure to provide or maintain accurate and current data that is being passed to and from you will result in breach even if we have been advised of the possibility thereof.
2. Consent to Electronic Communications
All of your transactions with or through the Services 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 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 the Terms and any other contract or disclosure that we are required to provide to you.
You understand that by clicking the box titled "I have read and accept the Terms & Conditions", “Create Account”, “Submit”, or any similar derivation thereof, you are agreeing to conduct an electronic transaction and to use and receive notices, communications, disclosures, and records through electronic means. You agree to enter the requested information electronically via the Internet, and to be notified regarding any transaction electronically through the email address 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. Your transaction, if applicable, is subject to your acceptance of these Terms, which are agreed upon when you proceed with your transaction.
3. Intellectual Property Rights
The Services, Sites, and their contents, features, and functionality are owned by Homebody, its licensors, or other third parties, and are protected by copyright and intellectual property rights under both United States and foreign law. Using the Services or the Sites does not give you any ownership rights therein or to any branding or trademarks that appear within the Services, which you may not use. You may not obscure, remove, or alter any part of the Services, including any legal notices. All rights not expressly granted are reserved by Homebody, its affiliates, and its partners.
You are permitted to use the Services for your personal, non-commercial use only.
4. Submissions and Content
You may provide to Homebody comments or information (such as feedback or ideas in response to a customer survey, concepts or other information), which are collectively deemed “Submissions”. You hereby grant us a worldwide, non‐exclusive, sub-licensable, perpetual, irrevocable, royalty‐free license to use and exploit the Submissions without any payment or attribution obligation of any kind.
If you upload or post any content to the Services (such as images, video, audio or text) (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to the User Content (or possess sufficient rights to grant the licenses set forth herein). You understand that you are solely responsible for your User Content. Homebody reserves the right to remove any User Content that Homebody determines in its sole discretion is in violation of any of these Terms. We may use the User Content, in addition to any other data you provide or that is collected from you in accordance with our Privacy Policy or our Property Clients’ instructions, to train, develop, and improve our products and services powered by artificial intelligence.
By uploading or posting User Content to the Sites, you grant Homebody and its affiliates a worldwide, non‐exclusive, sub-licensable, perpetual, irrevocable, royalty‐free right and license to use, reproduce, modify, adapt, tag, publish, translate, create derivative works from, distribute, perform, and display such User Content.
You understand that all property postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Services or transmitted through or in connection with the Services by property managers, owners, users, advertisers, or others (the “Third Party Content”) are the sole responsibility of such third parties from whom such content originated. Homebody has no responsibility or duty to review, approve, or pre-screen any Third Party Content, and Homebody is not responsible for any such content. The views and opinions they express are solely those of the original contributor. You are solely responsible for evaluating the truth or accuracy of any Third Party Content.
5. Rental Payments
5.1 If payment is made by ACH, including eCheck, you understand that if such payment is returned from the bank for any reason, you may be charged additional returned item fee(s), which will be added to the original amount and auto-debited from your bank account at least ten days after the initial payment fails. In the event that subsequent fee collection auto-debits also fail, you may continue to incur fees related to such attempts. You assume all responsibility for all such fees. Returned item fees vary; please contact your leasing office for details. Additional fees may also be assessed by your bank and/or Property Client. Your copy of the application will serve as a receipt for the application fee collected.
Oregon Residents Only: Entrata, Inc., the parent company of Homebody (“Entrata”) is acting as Payment Processor’s authorized delegate with respect to your ACH payments.
Payment Processor: EntrataPay, LLC, a wholly-owned subsidiary of Entrata, Inc. and affiliate of Homebody, and the payment processor appointed by Homebody to process your payments. Either Entrata, Inc. or Payment Processor will process your payment and will be identified in the Payment Gateway as the processor. For purposes of Section 4 of these Terms, “we”, “us”, or “our” also includes Payment Processor.
5.2 Convenience fees are charged by us, and not by your Property Client. Convenience fees are not surcharges and are non-refundable. We are a third-party vendor, who is not the seller, lessor, or management company. Such convenience fees are not being charged based on any method of payment. Any payment methods initiated through the online platform may be charged a convenience fee including credit card, debit card, electronic checks, and cash payments. These fees are being charged by us for providing the convenience of an online payment channel. You agree that convenience fees may also apply to amounts refunded directly to your payment card, such as security deposit refunds.
5.3 If you are applying for a lease, no guarantees are made to you that a property rental is or will be made available. You understand that you will acquire no rights in or to a property rental until you accept and sign a rental agreement and pay all applicable application fees and security deposits.
5.4 You authorize the Property Client to obtain such credit reports, criminal histories, character reports, verification of rental and employment history as it deems necessary to verify all information in your application. You further understand that false, fraudulent, misleading or incomplete information may be grounds for denial of tenancy or subsequent eviction. There are no warranties offered by us or the Property Client, whether express or implied.
5.5 You hereby authorize Entrata or Payment Processor (if applicable), on behalf of the Property Client, to initiate transaction entries, including any convenience fees noted herein, to your transaction account number (including checking and savings accounts) and/or charges to your credit card. This billing will occur at the time of payment of each transaction.
5.6 You hereby acknowledge that we and/or the Property Client may apply a convenience fee with each transaction initiated through the electronic systems, through which you may pass payment information to us, including but not limited to name, mailing address, email address, and dollar amount of payments received (the “Payment Gateway”). We may amend this convenience fee at any time with or without notice. All convenience fees will be displayed on the payment screen prior to finalizing your transaction.
5.7 We and your Property Client make every effort to comply with all payment processing rules and regulations. If you believe you have been charged a convenience fee in error, please contact the Property Client to whom your payment is submitted.
5.8 We advise you that your credit card or bank account billing statement will show a charge item that displays the name of the merchant account of the payee. If you are unsure of that name, you agree to contact payee before processing this transaction so as to be sure to recognize the transaction when it appears on your monthly statement.
5.9 We reserve the right to cancel your transaction processing account at any time for any reason. Your payee may also decline/refuse any and all payments at any time and for any reason at which time we will return the payment amount entered into the Payment Gateway, minus convenience fees paid, in an appropriate and reasonable time frame.
5.10 We reserve the right to refuse processing service to you at any time for any reason. You also maintain the ability to discontinue use of the Payment Gateway at any time for any reason. Active recurring payments must be deleted before use of service is discontinued. It is your responsibility to terminate any and all recurring payments on your account before relocating or moving - otherwise charges will continue to be assessed to your billing account during the period designated for recurring payments to take place. You agree to defend, indemnify and hold harmless Homebody, Payment Processor, Property Client, their affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns for any recurring payments that are charged because you failed to cancel your recurring payment. You can cancel your service by contacting your Property Client. We, in our sole discretion, may cancel this service without notice.
5.11 If you believe a transaction was made improperly, we in our sole discretion may void, issue a credit, or rescind any transaction made through the Payment Gateway prior to remittance of such payment to your payee. Payment disputes arising after payment has been settled to your payee are between you and payee alone. We may act as an intermediary if such actions can reasonably and efficiently handle said problem.
5.12 Both you and payee mutually reserve the right to cancel, reverse, or halt any and all checking or savings account or credit card transactions that have been cleared through the Payment Gateway.
5.13 Entrata and Payment Processor will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS). For purposes of PCI-DSS compliance, we are responsible for all cardholder data it possesses, stores, processes, or transmits on your behalf. Such cardholder data includes account numbers, card expiration dates, and CVV2 data. Unless otherwise noted, all personally identifiable information is used solely for the normal business purpose of offering and rendering services.
5.14 Entrata and Payment Processor act as the Property Client’s authorized agent in collecting payment owed by you to the Property Client. Payment by you to Entrata or Payment Processor shall be considered payment to the Property Client, extinguishing your payment obligation to the Property Client (in the amount paid by you) as if you had paid the Property Client directly.
5.15 By signing up for recurring payments, you authorize us to charge the designated payment method on the selected date, and re-attempt payment for five business days thereafter if prior attempts are unsuccessful. Additionally, you consent to our storage of your card or bank information to facilitate future recurring payments.
5.16 You may not use the Payment Gateway for any illegal purpose or in any manner inconsistent with the terms and conditions set forth in these Terms. You agree that our Services shall only be used for lawful purposes. Any transaction or transmission which violates federal, state, or local laws is expressly prohibited.
6. Prohibited Content and Conduct
You must not, and may not allow any third party to, do or attempt to do any of the following:
7. Notice and Communications
Except as otherwise provided in these Terms, we will give you any notices regarding the Services by posting them on the Sites. You also authorize Homebody to send notices (including notice of subpoenas or other legal process, if any) via electronic mail. You must check the Services for notices, and you will be considered to have received a notice when it is posted on the Services, 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.
You agree that our customer services representatives, our affiliates, and Property Clients communicate with you at any telephone numbers or email addresses you provide to us. Such communications may include reminders and notices about your rent payments, reminders about your account, provide maintenance and other property updates, and other important information. Some communications may be automatically generated by a virtual assistant. You agree that Homebody is not responsible or liable for the content of Property Clients’ messages. You authorize Homebody to share with Property Clients any telephone numbers or email addresses you have provided to us for this purpose. For more information on texting terms and conditions, see Text Messaging (SMS) Terms below.
We use artificial intelligence and machine learning to deliver some of our Services. When you interact with the Services, you may be engaging with virtual assistants or other services powered by artificial intelligence or machine learning algorithms. When you engage with a virtual assistant, it will introduce itself as such, and you acknowledge that any communication with them is at your own discretion and risk. Homebody does not warrant or guarantee that any information provided using such technology is accurate, complete, reliable, current, or error-free.
8. Services Payments
Homebody offers Services that require the payment of fees, as set forth in the Product Terms. Cancellations and modifications are subject to the Product Terms and will be processed 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.
9. Indemnification
You agree to defend, indemnify, and hold harmless Homebody, its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and suppliers, from and against all third party claims, actions or demands, costs, damages, liabilities, settlements, and expenses, including reasonable legal and accounting fees, arising in connection with your use of the Services or resulting from, or alleged to result from, your use of the Services or your violation of these Terms or any law. We shall have the right, in our sole discretion, to select our own legal counsel to defend Homebody from any claims (but by doing so shall not excuse your indemnity obligations). You shall notify Homebody immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Homebody’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Homebody, settle, dispose or enter into any proposed settlement or resolution of any claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Homebody.
10. Disclaimer of Warranties
HOMEBODY PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS OR CONTAMINATION-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (INCLUDING WARRANTIES MADE ORALLY), WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. LATITUDE AND LONGITUDE CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND.
11. Limitation of Liability
The Services may contain links, advertisements, or integrations to other websites, services, and products provided by third parties (“Third Party Products”). Such Third Party Products are provided for your convenience only. We have no control over Third Party Products and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use, access, or purchase of any Third Party Product is entirely at your own risk, and subject to separate terms of use and/or other agreements between you and the provider of such Third Party Product (a “Third Party Service Provider”). You are solely responsible for your decision to permit any Third Party Service Provider to use or access your data. You may be required to agree to separate terms and conditions.
Homebody is not responsible for any Third Party Products, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness, or quality, even if Homebody has reviewed, certified, or approved the Third Party Product for use in connection with the Services. The Third Party Service Provider is solely responsible for ensuring that any information submitted through their websites, products, services, or third party applications to the Services is accurate, complete, and correct. Homebody is not responsible for the standards or business practices of any Third Party Service Provider.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER.
The Services may also contain links, advertisements, or integrations to other websites, services, and products that are provided by Entrata or our affiliates (“Affiliate Products”). Such Affiliate Products may be subject to separate terms of use or other agreements.
12. Third Party Products; Affiliate Products
The Services may contain links, advertisements, or integrations to other websites, services, and products provided by third parties (“Third Party Products”). Such Third Party Products are provided for your convenience only. We have no control over Third Party Products and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use, access, or purchase of any Third Party Product is entirely at your own risk, and subject to separate terms of use and/or other agreements between you and the provider of such Third Party Product (a “Third Party Service Provider”). You are solely responsible for your decision to permit any Third Party Service Provider to use or access your data. You may be required to agree to separate terms and conditions.
Homebody is not responsible for any Third Party Products, including their accuracy, reliability, availability, security, data handling, data processing, completeness, usefulness, or quality, even if Homebody has reviewed, certified, or approved the Third Party Product for use in connection with the Services. The Third Party Service Provider is solely responsible for ensuring that any information submitted through their websites, products, services, or third party applications to the Services is accurate, complete, and correct. Homebody is not responsible for the standards or business practices of any Third Party Service Provider.
WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE) OR FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY SERVICE PROVIDER.
The Services may also contain links, advertisements, or integrations to other websites, services, and products that are provided by Entrata or our affiliates (“Affiliate Products”). Such Affiliate Products may be subject to separate terms of use or other agreements.
13. Access Connect
If a Property Client has enabled smart home access, using your personal device you may use the Services to access certain areas within a Property Client’s property, including your residence. You agree to manage and share access in accordance with your property’s policies and these Terms. You acknowledge that use of your personal device to access your residence carries inherent risks, including unauthorized access or use due to lost, stolen, or compromised devices. You agree that Homebody is not liable for any loss, damage, or unauthorized access resulting from your use of such devices unless caused by our negligence or breach of these Terms. It is your responsibility to maintain the security of your login credentials and to promptly notify us of any suspected unauthorized access.
Smart device access requires the use of third-party hardware and software, which may be subject to additional terms and conditions. Homebody is not responsible for any such third-party hardware or software.
14. Licensed Insurance Agency
Homebody Insurance Agency, LLC is a licensed insurance agency. Homebody is not an insurance carrier. The disclosures included in the Homebody Legal Notice are incorporated herein.
15. 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.
If you are located in one of the following states, please take time to review the Fraud Notice prior to submitting your application or filing a claim: AL, AK, AZ, AR, CA, CO, DE, DC, FL, IN, KY, LA, ME, MD, MN, NH, NJ, NM, NY, OH, OK, OR, PA, RI, TN, TX, VA, WA and WV.
16. Dispute Resolution & Venue Selection
Any claim, dispute, or controversy between you and us arising out of, in relation to, or in connection with these Terms or the Services, including claims regarding applicability or validity of this arbitration provision (each, a "Claim"), shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. This agreement to arbitrate (this “Arbitration Agreement”) applies to all Claims between you and Homebody, including our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, agents, and shareholders. This Arbitration Agreement also applies to Claims between you and your property manager or property owner, who shall be considered an intended third-party beneficiary of this Arbitration Agreement.
This Arbitration Agreement is made pursuant to a transaction involving interstate commerce. In all other respects, including without limitation the determination of any questions about whether Claims are within the scope of this Arbitration Agreement and therefore subject to arbitration, shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 ("FAA") and resolved by interpreting the Arbitration Agreement in the broadest way that applicable law will allow it to be construed, to the exclusion of any state or municipal law of arbitration. If the FAA is inapplicable for any reason, then this Arbitration Agreement is governed by the laws of the State of Utah, other than such laws, rules, regulations, and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek, except as expressly set forth in this Arbitration Agreement (including Claims based on contract, tort, fraud, agency, negligence, statutory or regulatory provisions, or any other source of law). 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 for any Claim that is within such court’s jurisdiction and proceeds on an individual basis. Nothing in this Arbitration Agreement bars either you or Homebody from bringing issues to the attention of federal, state, or local agencies.
This Arbitration Agreement applies to all Claims now in existence or that may arise in the future. This Arbitration Agreement shall survive any termination of these Terms or conclusion of your relationship with Homebody.
You and Homebody agree that any claim or dispute within the scope of this Arbitration Agreement shall be arbitrated on an individual basis, shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and shall not under any circumstances proceed as part of a class action. You and Homebody agree that the AAA Supplementary Rules for Multiple Case Filings shall not apply to any claim or dispute within the scope of this Arbitration Agreement.
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND HOMEBODY EACH UNCONDITIONALLY WAIVE ANY RIGHT TO A JURY TRIAL. THIS MEANS THAT ANY CLAIM WOULD BE DECIDED BY A JUDGE, NOT A JURY. FURTHER, WITH RESPECT TO ANY CLAIM THAT PROCEEDS IN A COURT, YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
The arbitration shall be conducted before a single arbitrator, applying the substantive laws of the State of Utah, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. The arbitrator’s authority is limited solely to the Claims between you and us alone. The arbitrator will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages. 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, but not your attorney or other legal fees. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
In order to initiate arbitration, you must follow the applicable provisions of the AAA Consumer Arbitration Rules. Arbitration rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. The place and legal seat of the arbitration shall be in Salt Lake City, Utah, unless the arbitrator determines that another location would be more appropriate in accordance with the applicable AAA rules. Notice of such arbitration may be provided to us at the following address: Attn: Legal Department, Homebody Insurance Agency, LLC, 4205 Chapel Ridge Road, Lehi, UT 84043.
With the exception of any of the prohibition of class and representative actions and non-individualized relief provisions above, if a court of competent jurisdiction decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall still apply. If a court of competent jurisdiction decides that any of the prohibition of class and representative actions and non-individualized relief provisions above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from this Arbitration Agreement and may be litigated in court. All other disputes subject to arbitration under the terms of this Arbitration Agreement shall be arbitrated under its terms.
If you are a new user, you can choose to reject this Arbitration Agreement by notifying us in writing within 30 days after you accept these Terms for the first time. You must send your opt-out notice by registered mail to: Arbitration Opt-Out, Attn: Legal Department, Homebody Insurance Agency, LLC, 4205 Chapel Ridge Road, Lehi, UT 84043.
The opt-out notice must include your first name, last name, mailing address, phone number, the email address used to log in to your account (if applicable), along with a statement that you decline this Arbitration Agreement. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
17. Miscellaneous
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 your 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. These Terms, including all policies and guidelines incorporated into these Terms by reference, constitute the entire agreement between you and Homebody concerning the Site and Services. These Terms supersede all prior agreements or communications between you and Homebody regarding the subject matter of these Terms.
17.1. Contact Us
If you have any questions any questions or comments about any of the Homebody products or services, please contact us at [email protected] or 877-577-0850.
17.2. Privacy
The Homebody Privacy Notice applies to your use of the Services and is incorporated herein.
17.3. Restrictions on Access 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 you or any third party for any such circumstances. Neither Homebody nor its suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Site or Services.
17.4 iOS Terms
This Section 15.8 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Homebody only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fail to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. Additional Terms
Homebody Text Message System
These Homebody Text Message System terms (“Text Terms”) are expressly incorporated into and made a part of the Terms. Capitalized terms used but not defined in these Text Terms will have the same meaning given in the Terms, as applicable.
Quick Help
The message you received on your phone was sent to you by a Property Client because you signed up to receive messages either on a property's website or because you opted-in to a text messaging service by sending a text with a KEYWORD to 51378. Homebody Text Message System facilitates communication between property management companies and their customers. Message and data rates may apply. Federal law provides an express exception from the consent requirement for communications that are made for “emergency purposes.” Federal regulations define “emergency purposes” as “situation[s] affecting the health and safety of consumers.
If you believe the message reached you in error, please do one of the following:
Alert Management
Residents
If you are a resident of the Property Client sending you text messages, you can manage all notifications from within ResidentPortal™. Log in to your property and go to your My Profile tab. Under the text messaging settings block, click "Edit" and un-check the services you would like to opt-out of. You can also manage which messages you would like to be subscribed to in the same place.
As a resident you have the following commands:
Non-Residents
If you are a non-resident or resident, you have the following commands:
Support Ticket Updates
If you have opted for text messaging updates while creating support ticket, you have the following commands:
FAQs
How did I get subscribed to your service?
There are two ways you can opt-in to our services. The first is via the web (on a form). The second is by texting a keyword to the shortcode, 51378.
Am I being charged for these messages?
That depends on the standard text messaging rate plan you have set up with your carrier/provider. Neither Homebody nor a Property Client are directly charging you to receive these messages. However, standard message and data rates may apply.
Terms and Conditions
You must be 18 years or older to receive/send text messages in affiliation with any of these subscriptions. By your participation in these property subscriptions, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the specific property.
You acknowledge that text messages are distributed via third party mobile network providers and, therefore, the Property Client cannot control certain factors relating to message delivery. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Carriers are not liable for delayed or undelivered messages.
Property Client does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
If you opt-in or sign up to receive text messages, you thereby agree to receive text messaging service messages at the phone number you provide for such purposes. Such messages will come from Homebody.
Participation in our service is free of charge but standard carrier text messaging charges will apply. You may opt out at any time by following the opt-out instructions above. You represent that you are the owner or authorized user of the wireless device you use to sign up for the text messaging service, and that you are authorized to approve the applicable charges. Homebody will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or text message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your text message usage, and their practices are governed by their own privacy policies.
You acknowledge and agree that the text messaging service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging service.
FEES
Neither Homebody or the Property Client charge a fee for any of the subscriptions listed above.
Standard message and data rates may apply for any messages sent to you from the Property Client and to the Property Client from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
FREQUENCY
Message frequency may vary.
Additional Help
For all questions, please contact the Property Client you receive these messages from directly. Alternatively, you may email [email protected].
Homebody Services are subject to the additional following Product Terms. By purchasing the listed Homebody Service, you agree to the applicable terms below.
The following Renters Insurance terms and conditions (the “Renters Insurance Terms”) govern your participating in the Renters Insurance program (the “Renters Insurance Program”) between you, the person who has enrolled in the Renters Insurance Program (“you”, “your”, or “Member”), and Homebody. Upon enrollment, you agree to be bound by these Renters Insurance Terms. You should read the terms carefully. If you have any questions regarding your policy, please contact us or the carrier listed on your policy documents.
1. Payment Terms
You agree, by submitting your payment information via the Services, 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. If you elect to pay on a recurring basis, you authorize Homebody to make automatic withdrawals for each billing period. If any payment is rejected, late, or otherwise not received for any reason as of midnight (Mountain Time) of the policy renewal date, including insufficient funds, your policy will be cancelled, and your coverage will lapse.
Homebody has no obligation to provide notice to you of a failed payment or otherwise delinquent policy. 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.
You understand that if your policy start date is 120 days or more from the enrollment 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 Renters Insurance Terms will remain in place perpetually, so long as you continue to have an insurance policy through Homebody, or until either party terminates these Renters Insurance Terms by providing seven 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 the policy, you must send your notice to [email protected] or mail it to Homebody Cancellations, 4205 Chapel Ridge Ln Lehi, UT 84043.
Identity Theft Protection
The following terms are the Identity Theft Protection terms and conditions (“Identity Theft Terms”) of the Identity Theft Protection program (the “Identity Theft Program”) between you, the person who has enrolled in the Identity Theft Program, and Homebody. Upon enrollment, you agree to be bound by these Identity Theft Terms. You should read the terms carefully. If you have any questions regarding the Identity Theft Program, you may contact us or the carrier listed on your policy documents.
1. Membership Benefits
As a Member, you are entitled to access discounts and other benefits on various products and services offered by participating vendors through www.residentsecureonline.com and the Sites (the "Program Website") and customer service center (the "Benefits"), as described in your membership guide. Some Benefits may not be available in your area. Additionally, the discounts available through the Identity Theft 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 Benefits or certain aspects thereof, 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) is made automatically by a charge to the payment account authorized by you (the "Payment Account") in accordance with the Terms. In the event that the Identity Theft 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 Identity Theft 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 these Identity Theft Terms ("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 these Identity Theft Terms, 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 Identity Theft Program, you are limited to one premium or gift per Identity Theft Program and, depending upon the offer you agreed to, you may be required to be a member of the Identity Theft Program at the time that your claim is processed.
8. 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 IDENTITY THEFT 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 IDENTITY THEFT 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 IDENTITY THEFT PROGRAM FOR TWELVE (12) MONTHS FOLLOWING CANCELLATION.
9. Availability Restrictions
The Identity Theft 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).
Rent Reporting is a credit reporting and financial tool provided through Homebody and its affiliate Simplified Business Group, LLC, dba Rent Dynamics (hereinafter together in these Rent Reporting Terms, “Homebody”), to report your rent and utility payments to one or more consumer reporting agencies (“Rent Reporting”). Enrollment in Rent Reporting is entirely optional and is not a condition of your rental agreement. These Rent Reporting terms and conditions (“Rent Reporting Terms”) apply to your enrollment in Rent Reporting, in addition to any other Rent Reporting-specific terms, such as the Rent Reporting lease addendum.
The monthly fee will be charged with Resident’s rent bill on an automatic recurring basis unless and until Resident cancels. 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 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, Homebody adheres to all FCRA and any other applicable federal and state regulations when reporting payment information to the Credit Bureaus (as later defined). You acknowledge that your performance under your 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 your performance is positive or negative. Homebody will report 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 Homebody does not represent or warrant that reporting conducted by Homebody will have an impact (positive or negative) on your credit score. Rent Reporting provided by Homebody may not factor into your credit score on all scoring models (i.e., may not be included on some FICO or Vantage score models) used by various lending institutions.
Once payments have been reported to a Credit Bureau, the reporting of those payments cannot be modified, amended, or canceled unless you submit a valid dispute pursuant to the requirements of the FCRA or other applicable State statutes.
To be eligible for reporting to a Credit Bureau, Homebody will need to verify the existence of a valid written rental lease agreement, including verifying that you are listed as a lessee (“Lease”). Additionally, Homebody requires verification of certain lease details with the landlord, i.e. the lease payment amounts due and due dates. If Homebody is unable to verify any and all necessary information for reporting, Homebody will not be able to report your payments to any Credit Bureau. You consent to Homebody confirming this information with your landlord.
Notwithstanding the above, any party may dispute any entry on a credit report provided by Homebody to a Credit Bureau in accordance with the FCRA or other applicable State statute. Homebody is not responsible for how a Credit Bureau may manage or use the information provided to them by Homebody and you agree to hold Homebody harmless against any such claims (all subject to the FCRA). See such Credit Bureaus for their terms and conditions of how they collect, store, manage, use, modify, disseminate, and distribute such information. Once the information is transmitted from Homebody to a Credit Bureau, such Credit Bureau will obtain an ownership interest in that data.
Homebody and its affiliates are not credit repair organizations and are not offering to sell, provide, or perform any service to you for the express or implied purpose of either improving your credit record, credit history, or credit rating or providing advice or assistance to you with regard to improving your credit record, credit history or credit rating, nor does Homebody charge consumers a fee for advice on how to change, modify or improve their credit file or score. You acknowledge and agree that you are not seeking to purchase, use or access Rent Reporting in order to do so. Please note that accurate adverse information on your credit report cannot be changed.
Once your payments for an account have been reported to a Credit Bureau, the cessation of the reporting for such account (or the inconsistent reporting of such payments) may negatively impact your credit history. Homebody shall not be liable for any claims, charges, demands, damages, or adverse impacts on your credit score or credit history if you cease using Rent Reporting (or have inconsistent reporting).
2. Your Rights
2.1 You have the right to review any file on you maintained by any consumer reporting agency, and to receive a copy of a consumer report containing all information in that file as provided under the FCRA or other applicable State statute;
2.2 A copy of the consumer report containing all information in your file will be furnished free of charge by the consumer reporting agency if you request it within 30 days of receiving a notice of a denial of credit as provided under the FCRA or other applicable State statute;
2.3 A nominal charge not to exceed $5 may be imposed on you by the consumer reporting agency for a copy of the consumer report containing all the information in your consumer report, if you have not been denied credit within 30 days from receipt of your request;
2.4 A complete and accurate statement of your right to dispute the completeness or accuracy of any item on you contained in any file that is maintained by any consumer reporting agency, as provided under the FCRA or other applicable State statute;
2.5 A complete and detailed description of the services to be performed by the credit services business for or on behalf of the consumer, and the total amount the consumer will have to pay for the services; and
2.6 A statement that accurately reported information may not be permanently removed from the file of a consumer reporting agency.
2.7 Homebody is regulated as a credit services business under Maryland law.
3. Credit Score Disclosure
Homebody uses information and reports from one or more Credit Bureaus to track score changes and measure the effectiveness of Rent Reporting. You acknowledge and agree that Credit Bureaus may provide your individual credit reports to Homebody solely for the purpose of tracking changes to your credit score over periods of time in order to measure the effectiveness of Rent Reporting. Homebody will make such credit score information available to you in the Services when the information is collected, for as long as you are enrolled in Rent Reporting.
Homebody provides public record information using a variety of third-party personal information suppliers, technologies, and public information databases. You hereby authorize and instruct Homebody to act as your agent by accessing and using any available online searchable databases on your behalf for the purpose of obtaining and gathering personal information about you for your use and benefit and to request the removal of your personal information from databases if you so direct. The public information that Homebody 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 services shall be subject to these Rent Reporting Terms.
4. Identity Authentication
Homebody obtains, verifies, and sometimes stores your personal information. You authorize Homebody, directly or through third parties, to make any inquiries to third parties that Homebody considers necessary to verify your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or a financial account, and verifying your information against third-party databases or through other sources. If Homebody cannot verify your information to the extent Homebody deems necessary, Homebody may not be able to allow you to use certain Rent Reporting features.
5. Representations
Upon enrollment for Rent Reporting, you agree that you are making the following representation: (i) that you understand that upon enrollment you are providing “written instructions” in accordance with the FCRA for Homebody to obtain information from your personal credit profile or other information from a consumer reporting agency, and (ii) you understand that you are authorizing Homebody to retain a copy of your personal credit information in its records along with other information that you are submitting upon enrollment, or within the Services at any time to use that information to provide Rent Reporting and third party offers from time to time.
You agree 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 its service providers or cause Homebody to lose the services of its 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.
6. Purchase Policy
Rent Reporting is available for a fee. Resident will be charged a fee only after Homebody obtains Resident’s consent to pay such fee. Homebody 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 Homebody 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 Homebody to provide Rent Reporting, Resident must re-enroll to continue receiving Rent Reporting.
7. Homebody Termination
Homebody may terminate the Rent Reporting Service at any time by written notice to you.
The Homebody Rewards Program (the “Rewards Program”) is a loyalty program provided by Homebody through which Members register for a valid Homebody rewards account and earn points (“Points”) that will be credited to their Homebody rewards account (“Rewards Account") as set forth herein (the “Rewards Program”). All Points earned are associated with your unique Homebody ID number. Where applicable, Members may redeem their Points through the Site(s), also described herein.
These Homebody Rewards terms and conditions (the “Homebody Rewards Terms”) are a binding contract between Member and Homebody. Homebody provides the Rewards Program to Members through the homebody.com website, and the Rewards Program is subject to these Homebody Rewards Terms.
You acknowledge that the Rewards Program is offered by Homebody and not by the Property Client, and you agree that these Homebody Rewards Terms are between you and Homebody, and that the Property Client is not a party to such Terms.
Definitions
“Member” “you” or “your” shall mean the individual who created a Rewards Account in connection with the Rewards Program;
“Property” shall mean a property owned or managed by a Homebody client that is participating in the Rewards Program, and where Members make rental payments to.
“Points” shall mean the points awarded to Members through their participation in the Rewards Program and redeemed for certain rewards as may be permitted under these Terms and other Rewards Program rules as established by Homebody from time to time.
“Rent” shall mean the regular rental payment made to a Property pursuant to a lease agreement.
“Bonus Points” shall mean additional Points offered through the Rewards Program or with third-party partners, such as special promotional offers, and additional terms and conditions may apply.
“Sanctions Lists” shall mean any government restricted lists, including but not limited to, the Specially Designated Nationals List, Blocked Persons List, Foreign Sanctions Evaders List maintained by the Office of Foreign Assets Control (“OFAC”), as well as the Denied Party List, Entity List, and Unverified List administered by the Bureau of Industry and Security
1. Eligibility
The Rewards Program is offered only to legal residents of the fifty (50) United States, the District of Columbia, or the United States territories, who (a) are eighteen (18) years of age or older at the time of participation; (b) are not a person identified on any Sanctions Lists or located in an OFAC designated sanctioned jurisdiction; and (c) enroll in and are responsible for a Rewards Account.
Each eligible Member shall maintain only one Rewards Account. Corporations, groups, and/or associated entities cannot enroll as Members. Homebody reserves the right to limit the number of Members in the Rewards Program. If you are not eligible to participate, you are prohibited from accessing, using, and registering for the Rewards Program.
2. Cancellation and Suspension
We may temporarily or permanently prohibit you from participating in the Rewards Program, including, but not limited to, your ability to earn and use Points, even if Points were previously earned, or in any way deemed necessary by Homebody in its sole discretion. We may also:
We reserve the right to terminate, expire, modify or restrict any aspect of the Rewards Program at any time with or without notice, including cancellation of your Rewards Account with or without cause.
3. Earning Points
Members can earn Points in one of the following ways, as may be determined by the Property:
The method by which Members can earn Points may vary by Property and such methods are subject to change in Property’s sole discretion. Property will determine the value of any such methods of earning Points. Homebody is not responsible for any change in the value assigned to any such methods of earning Points. Points will be considered earned after the Points are posted to your Rewards Account. Points will be posted to your Rewards Account after any applicable payment is processed or the action is completed, and the Property notifies Homebody of such. Homebody is not responsible for any delay in notification of completed payments or actions required to earn Points.
4. Earning Bonus Points
We may offer you ways to earn Bonus Points through the Rewards Program or with third-party partners, such as special promotional offers. Additional details will be provided at the time of the offer. Participation in any special promotional offers is entirely optional. Additional terms and conditions may apply.
Posting Bonus Points to your Rewards Account is in Homebody’s sole discretion. Further, Homebody may apply returns or refunds to your Rewards Account at its sole discretion, which may result in a negative Point balance.
5. Using Points
You may redeem Points available in your Rewards Account for the following options as made available by Homebody:
Except as required by applicable law, Homebody may add, delete, or change the redemption options as described in these Homebody Rewards Terms at any time in its sole discretion, and the Point value of each redemption option listed above may vary at Homebody’s discretion. You are responsible and liable for any used Points, including redemption from any authorized users who may have access to your Rewards Account. Additional terms and conditions may apply. Once you have approved the redemption option, the transaction to redeem Points will be considered final. Homebody is unable to reverse a redemption of your Points. If you no longer have an active lease at a Property in the Homebody network, your Points will remain in your Rewards Account for you to redeem through Homebody, but redemption options may be limited.
Earned and unredeemed Points are displayed through the Services and may be viewed by logging into your Rewards Account.
When electing to use your Points on Gift Cards, you are subject to the terms and conditions of the Gift Card. Homebody and the Property are not parties to any such agreement between you and any Gift Card issuer. You may be given the option to choose between different types of Gift Cards. After you redeem your Points for a Gift Card, Homebody and the Property have no liability for (i) the sale of products or services using any Gift Card; and (ii) any issuer’s failure to honor a Gift Card, Gift Cards may expire and/or be subject to fees at the discretion of the Gift Card issuer in accordance to their respective terms and conditions and policies. Neither Homebody nor the Property have control over issuer expiration dates or fees. All risk of loss and title for Gift Cards will pass to you when you complete your redemption of Points for such Gift Cards. Neither Homebody nor the Property will replace any stolen, lost, or damaged Gift Cards.
You may not use your Points to make partial payment on Rent unless you also have made arrangements to pay the balance of your Rent payment (i.e., the amount of payment due that will not be covered by your Point redemption) in full. You are not permitted to use your Points on Rent if you are (i) not current on your Rent payments, (ii) subject to eviction proceedings at the Property, or (iii) otherwise in breach of your lease at the Property.
Points may not be purchased or redeemed for cash, bank credit, or virtual currency. Points may not be assigned or transferred, Members may not transfer or exchange Points with each other, and there is no secondary market. Points may only be redeemed in a manner consistent with the options as made available by Homebody in this Section.
6. Losing Points
Points will not expire as long as your Rewards Account remains open and active. However, if your Rewards Account becomes inactive or closed due to any of the reasons listed below, you will immediately lose all your Points. Your Rewards Account is considered inactive if:
If we decide to cancel the Rewards Program, you’ll have at least thirty (30) days from the date we cancel the Rewards Program to redeem or otherwise use your earned and eligible Points, or a longer period as may be required under applicable law. If you don’t use your Points during that time, you’ll lose them. You may lose Points as described above during the thirty (30) day cancellation period.
We won’t reinstate Points you lose, unless we’ve determined, in our sole discretion, there has been an error.
7. Member Responsibilities
You acknowledge that you are financially responsible for all actions taken and liabilities created through your access to and use of the Rewards Program, including, but not limited to, unauthorized use or loss of your Member account credentials, fraud occurring through or against your account, and your misuse of Points or the Rewards Program.
8. Termination or Suspension
YOU MAY TERMINATE THESE TERMS AND CANCEL YOUR REWARDS ACCOUNT AT ANY TIME BY NOTIFYING US IN WRITING AT [email protected] OR BY MAIL AT CUSTOMER SERVICE, HOMEBODY INSURANCE AGENCY, LLC, 4205 CHAPEL RIDGE RD., LEHI, UT 84043. YOUR CANCELLATION WILL BE PROCESSED PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, PROCESSING AND/OR TRIAL PERIOD BENEFITS MAY BE FORFEITED. IF YOU CANCEL YOUR REWARDS ACCOUNT, ANY UNREDEEMED POINTS SHALL BE AUTOMATICALLY FORFEITED. YOU ARE PROHIBITED FROM RE-ENROLLING IN THE REWARDS PROGRAM FOR TWELVE (12) MONTHS FOLLOWING THE DATE OF RECEIPT OF YOUR CANCELLATION REQUEST.
WE WILL TERMINATE YOUR REWARDS ACCOUNT IF 1) IT IS NOT USED IN ACCORDANCE WITH THESE TERMS; 2) YOU HAVE NOT PROPERLY ENROLLED IN THE REWARDS PROGRAM; 3) WE SUSPECT ABUSE OF THE REWARDS PROGRAM; 4) YOU FAIL TO COMPLY WITH THE TERMS HEREIN; 5) INACTIVITY OF MORE THAN 24 MONTHS ON YOUR REWARDS ACCOUNT; 6) YOU FILE FOR BANKRUPTCY; OR 7) WE DETERMINE YOU HAVE PARTICIPATED IN ILLEGAL ACTIVITY, FRAUD, MISREPRESENTATION, OR OTHERWISE ANY ACTIVITY OR CONDUCT INCONSISTENT WITH APPLICABLE LAWS AND REGULATIONS AND/OR THESE TERMS. IN SUCH A CASE, WE RESERVE THE RIGHT TO REVOKE ALL UNREDEEMED POINTS AND AWARDS. WE RESERVE THE RIGHT TO TERMINATE YOUR MEMBERSHIP AT ANY TIME FOR ANY OTHER REASON. YOU ARE PROHIBITED FROM RE-ENROLLING IN THE REWARDS PROGRAM FOR TWELVE (12) MONTHS FOLLOWING TERMINATION.
9. Point Corrections
At any time and in its sole discretion Homebody may correct the number of Points credited to a Rewards Account or items redeemed with Points in your Reward Account. If after a correction, or for any other reason, you have a negative balance in your Rewards Account, any Points earned afterwards will be applied to the negative balance first. You will not be able to use Points until your balance is a positive amount. The balance in your Rewards Account may become negative due to Points you were awarded are reversed because you returned the purchase, and you do not have enough Points in your Rewards Account to cover the reversal. If Homebody in its sole discretion determines that you were ineligible to receive, redeem or otherwise use Points, Homebody reserves the right to reverse the award of Points or reverse the redemption of Points.
