Your relationship with Barastone and products and services provided by Barastone may also be governed by other written agreements. In the event of any conflict between this Agreement and the terms of such written agreements that may be executed by and between you and Barastone, the terms of such written agreements will control.
Changes in Terms
Barastone also may, at any time and without notice, modify or discontinue the Site. You agree that Barastone shall have no obligation of any sort to you in connection with any modification or discontinuance of the Site.
Barastone may terminate your access to this website for any reason, at any time, with or without notice to you.
You agree that you will not use or attempt to use the Site for any purpose other than conducting business with Barastone or its affiliates as a bona fide client of Barastone and in each case solely for your personal, non-commercial use, and you may not reproduce, sell or distribute the information provided thereon.
Products and Services
You acknowledge and agree that if you submit a request for any product or service offered through the homewealthIQ.com, we will share your personal information (such as your full name, address, telephone number, and social security number) with the providers in our provider network who can fulfill your request, including financial advisors, banks, mortgage bankers and brokers (the “Provider(s)”).
You acknowledge and agree that homewelathIQ only refers you to the Providers and does not make any product related decisions in connection with the Referral Service; HomewealthIQ is not a party to any agreement that you may make with the Provider; and the Provider is solely responsible for its services to you. You also acknowledge that by providing the Referral Service through the Site, homewealthIQ is not your agent or broker and does not recommend any specific product, service or Provider to you.
Any compensation homewealthIQ may receive for the Referral Service provided hereunder is paid by Providers for the products and services rendered by homewealthIQ to that particular Provider. HomewealthIQ does not charge you any fees to use the Site or the Referral Service. Please note that You agree that homewealthIQ is not and shall not be liable for any damages, costs, liabilities or losses of any type which arise or may arise out of or in connection with your use of the Provider’s service.
By submitting your request for a financial product, you agree that the Providers may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission or any state equivalent Do Not Call List. You understand that the Providers may retain the information you submitted to homewealthIQ.com whether you elect to use their services or not. If you no longer want to receive communications from a Provider, you agree to notify the Provider directly. You also grant homewealthIQ.com permission to send you regular updates of current financial products which may be of interest to you.
You represent and warrant that you will not use the Site to:
- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Site or any portion thereof without Barastone’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material that violates or infringes any third party’s privacy, intellectual property, copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
- Engage in conduct that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others, or which harms the goodwill or standing of Barastone or any of its clients, partners, employees, affiliates, agents, contractors or representatives.
- Alter, interfere or disrupt the content or functioning of the Site through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Site.
- Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
- “Mirror” the Site or any of its content on any other server without the express prior written permission of Barastone.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Site.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
- Attempt to interfere with the use of the Site by any other user. Barastone reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
Third Party Sites
In the event that the Site may be linked to or from other Third Party Sites, the Site may not be linked in such a way that causes the pages of the Site to be displayed within a frame on such Third Party Site, or may be displayed on a browser screen accompanied by advertising or other content not found on the Site. The fact that a third party provides a link to the Site does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Barastone and such third party
You acknowledge and agree that all content, Sites, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Content are owned by Barastone and are the copyrighted property of Barastone and/or its licensors and affiliates, and protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers used and displayed on the Site are registered and unregistered trademarks of Barastone and/or its licensors and affiliates in the United States and other countries. Except as explicitly permitted, neither your use of the Site nor this Agreement grants you any right, title or interest in or to any of Barastone or its licensors’ copyrights, trademarks or service marks. you acknowledge and agree that such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means (including display in meta tags or hidden text), without the prior written permission of Barastone, its licensors, or any other copyright owner
Disclaimer of Warranties
Barastone does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Barastone disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided "as is" and "as available," without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. Barastone does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Barastone assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
Limitation of Liability
THE LIABILITY OF BARASTONE IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARASTONE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO BARASTONE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR FIRST REMEDY IS TO STOP USING IT. THE MAXIMUM LIABILITY OF BARASTONE AND ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BARASTONE and YOU, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Consent to Communications
You agree that we may contact you regarding your application, account or our relationship. Barastone may also contact you by email or over the phone about services and products we believe may be of interest to you. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that you receive from us. We reserve the right, however, to contact you with important information relating to your account or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that you have provided to us
Cellular Phone Contact Policy
By providing us with a telephone number for a mobile device, including a number that you later convert to a mobile device number, you are expressly consenting to receiving communications—including but not limited to prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system—from us and our affiliates and agents at that number. This express consent applies to each such telephone number that you provide to us now or in the future. Calls and messages may incur access fees from your mobile services provider.
Consent to Electronic Communications and Disclosures
Protecting your User Name and Password
Barastone uses passwords to prevent unauthorized access to certain areas of the Site. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that Barastone establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold Barastone liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to the Site made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the Site, any information therein, or any online services offered through the Site. We may suspend or cancel your access to the restricted areas within the Site if we suspect the Site is being used in an unauthorized manner.
You agree to indemnify, defend and hold harmless Barastone and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Barastone Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; (b) any violation by you of this Agreement; or (c) your submission to Barastone of incomplete, inaccurate or untimely information or other data. The Barastone parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
Choice of Law; Arbitration and Jurisdiction
The Site is located and operated by Barastone in San Mateo, California. This Agreement shall be interpreted and enforced as though executed in San Mateo, and shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
Successors and Assigns
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of Barastone. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and Barastone.
This Agreement states the entire agreement between you and us concerning the use of this Site, and may not be amended or modified except through a written agreement signed by an officer of Barastone.
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with Barastone, telephone Barastone at 650-802-0800 or write to us at:
1900 O’Farrell Street, Suite 145
San Mateo, CA 94403
You agree that we may record the conversations our employees have with you. We do this from time to time to monitor the quality of service and accuracy of information our employees give you.