Terms of Service & Privacy Policy

Please read these Terms of Use (this “Agreement”) carefully. This Agreement constitutes a legal agreement between you and Haefer Branch LLC, doing business as Haefer Homes (“we,” “us,” “our,” or “Haefer Homes”), governing your access to and use of the website or mobile application provided by us (collectively, the “Services”). “You” and “your” refer to both individuals using the Services and entities using the Services on behalf of or for the benefit of an organization (for example, a business or real estate entity). The parties to this Agreement are collectively referred to as the “Parties” and individually as a “Party.”

By registering an account, clicking or tapping any button or box marked “accept,” “agree,” or “OK,” by using Haefer Homes LLC Services, and my attending Open Houses hosted by Haefer Homes LLC or its affiliates, you agree to be bound by this Agreement and any updates to it.

Haefer Homes operates under Haefer Branch LLC, a real estate business, and is not a real estate broker. This Agreement does not apply to any real estate brokerage services or ancillary services that may be offered by any third-party partners, agents, or affiliates (collectively, the “Other Services”). If you interact with third-party providers, including other real estate professionals, we encourage you to consult with them directly to understand any specific terms and conditions applicable to those Other Services.

This Agreement includes a mandatory arbitration provision, as detailed in Section 17 below, which requires disputes to be resolved through individual arbitration, rather than by jury trials, court proceedings, class actions, or class arbitrations.

Effective Date. The “Last Updated” legend indicates the date when this Agreement was last revised and published on an official website owned and managed by Haefer Branch LLC. We may update this Agreement by notifying you through reasonable means, including posting a revised version on the Services. Subject to applicable laws, we reserve the right, at any time and without liability, to: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required for the use of the Services.

 License to Use the Services. Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive license to access and use the Services for your personal use only, unless otherwise agreed. The Services and all of its components are either owned by us or licensed to us by third parties (non-affiliated service providers). We and our third-party licensors retain all rights, title, and interest in the Services, including all intellectual property rights such as patents, copyrights, trademarks, and trade secrets. Please note that the Services may not be compatible with all hardware or devices. You are responsible for acquiring, maintaining, and paying for all hardware, telecommunications, and other services required to use the Services. The Services may include software applications (collectively, the “Apps”) that may offer additional products or services. Certain components of the Services may require you to download or use specific software or Apps to function properly.

Registration; Usernames and Passwords; Communications. To use the Services, you may need to register an account with us. During registration, you may be required to provide personal information, such as your name, email address, username, password, and any other necessary details to create and access your account. We reserve the right to reject or require changes to any username, password, or other information you provide during registration. Your username and password are for your personal use only and must be kept confidential. You are responsible for maintaining the security of your account and all activities associated with it. If you become aware of any breach of confidentiality or unauthorized use of your username, password, or account, you must notify us immediately. You may not sell, transfer, or otherwise assign your account to another individual or entity without our prior written consent.

We may communicate with you through telephonic, mail, in-person, or electronic means when you use the Services, send us emails, when we post notices on the Services, or send you emails to keep you informed about the Services or other related real estate products and/or services. By using the Services, you: (a) consent to receive communications from us in electronic form; (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements as if they were in written, hard-copy form; and (c) authorize us to contact you about the Services or other real estate products or related services at the phone number and email address you provided, even if your number is listed on a federal, state, or internal Do Not Call list. You also consent to receive marketing information, phone calls, and messages using a system for selecting or dialing numbers. With respect to (c), your consent is not a condition of purchasing any products or services, and you may unsubscribe at any time.

Information Collected Through the Services. By using the Services, you represent, warrant, and agree to the following regarding the information you provide to us:

• You will comply with all applicable laws concerning any information you provide or access through the Services, including any information uploaded or synchronized with the services for which you have given consent to use;
• The information you provide is and will remain accurate and complete, and you will update and maintain the information as needed;
• You have all necessary rights and permissions to authorize the processing of such information under this Agreement.

 

By using our Services, you agree that Haefer Homes may automatically collect information from you and your device while you use the Services. This may include actions you take on our website or mobile applications, such as links visited, session details and duration, and any information you input. Additionally, you agree that we may share the information we collect through the Services, including personally identifiable information, with our Affiliated Entities (as defined in Section 14) and other third parties.

Your Conduct. By using the Services, you represent, warrant, and agree that you will not:

• Use the Services for any unlawful purpose, or in violation of any federal, state, or local laws or regulations, or for fraudulent or tortious activities.
• Post, transmit, or make available any content that is: (a) threatening, harassing, degrading, hateful, intimidating, or otherwise disrespectful of others’ rights and dignity; (b) defamatory, libelous, fraudulent, or tortious; (c) obscene, indecent, pornographic, or objectionable; or (d) protected by intellectual property rights such as copyright, trademark, trade secrets, or privacy rights, without the express prior written consent of the applicable owner.
• Introduce any harmful code, such as viruses, worms, Trojan horses, spyware, or any program intended to damage, disrupt, or monitor the operation of hardware, software, or equipment through the Services.
• Link, integrate, or provide access to the Services or its infrastructure without prior explicit written permission from Haefer Homes.
• Impersonate another person or entity in connection with your activities on the Services.
• Transmit spam, chain letters, or unsolicited communications through the Services.
• Harvest or collect personal information about other users of the Services.
• Interfere with the operation or content of the Services or the networks or servers used to operate the Services (such as hacking or defacing the Services).
• Inhibit others from using the Services.
• Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, or otherwise exploit any portion of the Services.
• Reverse engineer, decompile, or disassemble any part of the Services.
• Remove or alter any proprietary rights notices from the Services.
• Frame or mirror any part of the Services or incorporate the Services into another product or service.
• Systematically download or store content from the Services.
• Tamper with or bypass any security technology associated with the Services.
• Use any automated tools, such as robots, spiders, or data mining tools, to retrieve, index, scrape, or gather content from the Services without prior written consent.

 

We may monitor your use of the Services to ensure compliance with this Agreement. We reserve the right to remove or refuse any data or material on the Services at our discretion. Additionally, we may disclose information about your access to and use of the Services, including the circumstances surrounding such access.

You are solely responsible for understanding and complying with all applicable laws and regulations regarding your use of the Services, including obtaining any necessary legal counsel to ensure compliance.

Third-Party Materials; Links. Some features of the Services may be provided by third parties, including third-party apps (“Third Party Materials”), or may allow for the routing or transmission of such materials, including through links. By using these features, you direct and permit us to access, route, and transmit the applicable Third Party Materials to you.

We will only share information with third parties when you request it, to enhance the Services, or to provide additional functionality, and we will do so in accordance with our Privacy Policy, which can be found at [Privacy Policy Link]. We do not endorse, and make no representations or warranties regarding, any aspect of the Third Party Materials. Third-party app providers may present you with their own terms, conditions, and policies (the “Third Party Terms”). You are solely responsible for reviewing and complying with any Third Party Terms you agree to.

For your security or for any other reason deemed appropriate by us in our sole discretion, we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time.

Artificial Intelligence. Some features of the Services may incorporate or enable the use of artificial intelligence (AI) provided by us or third parties. If you choose to use such functionality, you expressly acknowledge, understand, and agree to the following:

• The use of AI technologies involves inherent risks and uncertainties;
• AI systems may produce inaccurate or unreliable results due to limitations in data quality, algorithmic biases, or unforeseen circumstances. As such, you must exercise caution and critically evaluate the outputs generated by AI systems before making decisions based on them;
• The collection, storage, and processing of data through AI systems may pose privacy and security risks. You should be aware of the potential for unauthorized access, data breaches, or misuse of personal information, particularly with AI systems provided by third parties;
• The complexity and unpredictability of AI systems may lead to unexpected outcomes, unforeseen consequences, or unintended side effects. Therefore, you should thoroughly review all AI-generated outputs, ensuring they are factually accurate, suitable for your intended use, and comply with all applicable federal, state, and local laws and regulations, including any regulations related to multiple listing services or equivalents.

1. Transactions. You may be able to purchase products, services, or access Apps through the Services (each, a “Transaction”). To initiate and complete a Transaction, you may be required to provide information, such as your credit card number, expiration date, and billing address. You represent and warrant that you have the legal right to use the credit card you provide in connection with the Transaction, and you grant us the right to share such information with third parties for the purpose of processing Transactions. Verification of your information may be required before any Transaction is acknowledged or completed.

We may:

• Impose conditions on honoring any coupon, discount, or similar promotion;
• Prevent any user from completing a Transaction; and/or
• Refuse to provide any user with any product, service, or App

 

Unless otherwise specifically stated, all Transactions are final, non-cancellable, and non-refundable. You are responsible for paying all charges incurred by you or on your behalf at the prices in effect at the time the charges are incurred. Additionally, you are responsible for any taxes applicable to your Transactions.

Subscriptions; Payment Authorization. If you purchase an App, product, or service through an App, or start a free trial for an App, product, or service via the Services, this is considered a “Subscription.” Your Subscription may automatically renew at the regular subscription price and frequency specified at the time of purchase or when you started the free trial, unless you are otherwise notified in writing. Unless you stop automatic renewal before the renewal date or cancel the free trial prior to its end, you authorize us (without further notice to you, unless required by applicable laws) to charge the payment method you provided for the current subscription fees and any applicable taxes on a monthly basis or at another specified frequency.

If we cannot charge your payment method for any reason, such as an expired card or insufficient funds, you remain responsible for any unpaid amounts. We may attempt to charge your payment method again if you update your payment information. We may also terminate a subscription or change the terms of a subscription at any time. If we terminate a subscription, you will receive a prorated refund, if applicable.

Feedback. If you provide us with any ideas, proposals, suggestions, or other materials (“Feedback”), such Feedback will be considered a Submission (as defined below). You acknowledge and agree that such Feedback is not confidential, that your provision of Feedback is unsolicited and gratuitous, and that it is provided without any restrictions. Additionally, your provision of Feedback does not create any fiduciary or other obligation on our part.

Submissions. Any posts, blogs, reviews, comments, or similar content that you make available to us through the Services will be considered “Submissions.” By making a Submission, you grant us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and sublicensable license (through multiple tiers) to reproduce, distribute, perform, display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze, and exploit such Submission for any purpose, without additional compensation to you or any third party. This license includes the right to use your Submission in any format or media, subject to the terms outlined in our Privacy Policy, ensuring that the use of any Personal Information does not violate the Privacy Policy.

Our Proprietary Rights. We and our third-party licensors (as applicable) own the Services, which are protected by United States and international intellectual property and proprietary rights and laws. Our trade names, trademarks, and service marks include Haefer Homes and Branch Financial Coaching, along with any associated logos. All trade names, trademarks, service marks, logos, copyrightable works, and other content, information, or materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works, or other content, information, or materials without the express prior written consent of the owner.

Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability. NEITHER WE, NOR OUR AFFILIATES, AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF: (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00), IN THE CASE OF BOTH (A) AND (B) WHETHER ARISING OUT OF, RELATING TO, OR RESULTING FROM THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity. You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or activities arising out of, relating to, resulting from, or in connection with, this Agreement, the Services (including all Submissions and Third Party Materials), or the Other Services; or (b) any violation or alleged violation of this Agreement by you.

Termination. This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third-party, immediately deactivate or delete your username, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.

Governing Law; Dispute Resolution; Class Action Waiver. This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the Commonwealth of Virginia, U.S.A., without regard to its principles of conflicts of law regardless of your location.

In the event of any controversy or claim arising out of or related to this Agreement or any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (a “Dispute”), the Parties agree to resolve the Dispute through alternative dispute resolution rather than through court proceedings with a judge or jury.

If a Dispute arises, both Parties will promptly appoint a knowledgeable and authorized representative to meet and negotiate in good faith in an attempt to resolve the Dispute. The location, form, and schedule of these discussions will be determined at the discretion of the Parties within ninety (90) days following the appointment of the representatives. Any discussions and correspondence during this process are for the purpose of settlement only and will not be admissible in future proceedings without the mutual consent of both Parties.

If the Dispute cannot be resolved through negotiations, the Parties will seek mediation. If mediation is required, the Parties agree to attempt to resolve the dispute with a neutral mediator selected by both Parties. Mediation will take place within ninety (90) days following the conclusion of the negotiation period, and the mediator’s fees will be shared equally between the Parties.

If mediation fails to resolve the Dispute, the Parties agree to resolve the matter through binding arbitration. The arbitration will be governed by the laws of the Commonwealth of Virginia and take place within Campbell County, Virginia. The arbitration will be conducted by a qualified arbitrator mutually selected by both Parties, and any arbitration award may be entered into a court of competent jurisdiction.

The arbitration process is designed to be efficient, and the Parties agree to a timeline for arbitration hearings and the final award. The arbitrator will have the authority to award actual damages and reasonable attorney’s fees to the prevailing Party, but shall not award punitive or other damages not based on the actual damages suffered by the prevailing Party.

Both Parties agree that any arbitration under this Agreement will proceed on an individual basis. Class actions or class arbitrations are not permitted. Both Parties waive their right to a jury trial and agree that neither will participate in a class arbitration or class action.

Information or Complaints. If you have a question or concern regarding the Services, contact us by calling us directly at (434) 944-6982. Please note that email communications may not be secure, so do not include personal, payment, or sensitive information in your emails to us.

For any residents of Virginia who wish to submit a formal complaint or need assistance, you may also reach out to the Virginia Department of Professional & Occupational Regulation or an appropriate local authority.

Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail or email, requesting that we remove such material or disable access to it.

If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Export Controls; International Use. You are responsible for ensuring that you comply with U.S. export controls, including any U.S. government embargoes or other federal regulations that restrict exports. You represent, warrant, and covenant that you are not: (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restrictions, or a country that has been designated as a “terrorist-supporting” country; or (b) listed on any U.S. government lists of restricted end users.

We do not make any representation that the Services are appropriate, available, or will function as intended in locations outside the United States. Access to the Services from territories where such Services are illegal is prohibited. If you choose to access the Services from outside the United States, you do so at your own risk and are solely responsible for ensuring compliance with local laws and regulations.

Furthermore, if you access or use the Services from outside the United States, your information may be transferred to, stored, and processed in the United States, where our servers may be located. By using the Services, you consent to such transfer, storage, and processing of your information in the United States.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would violate local law or regulation or impose any registration requirements on us or our affiliated entities.

Miscellaneous. This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement.

If any provision of this Agreement is found to be unlawful, void, or unenforceable for any reason, that provision will be considered severable from this Agreement and will not affect the validity or enforceability of the remaining provisions.

You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under this Agreement without restriction.

No waiver by either Party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption, or section title contained herein is for convenience only and does not define or explain any section or provision. Terms defined in the singular will have the same meaning when used in the plural, unless otherwise specified.

Any use of the term “including” or variations thereof in this Agreement will be interpreted as if followed by the phrase “without limitation.”

This Agreement, including any incorporated terms, conditions, and addenda, constitutes the entire agreement between you and us regarding the subject matter and supersedes any prior or contemporaneous written or oral agreements or understandings between you and us relating to the same.

Notices to you (including notices of changes to this Agreement) may be made via posting to the Services, by email (including via links) to the most recent email address you have provided, or by regular mail to the most recent mailing address you have provided.

A printed version of this Agreement and any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this Agreement, to the same extent as business documents and records originally generated and maintained in printed form.

We will not be held responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.