Last Updated: April 12, 2018

Terms of Use


This terms of use agreement (this "Agreement") governs your use of the mellohome website (the “Site”). This Agreement should be read carefully before accessing or using this Site or by using the goods and services offered in or through the Site or alternative methods (including, for example, telephone, mail, text, email or facsimile), you accept and agree to be bound by this Agreement (the term Site includes use through these alternative methods).

By accessing or using this Site, you agree to be bound by this Agreement and, if applicable, such other terms of use agreements of mellohome that may be necessary for mellohome to provide you access to certain proprietary services and product(s). If you do not consent to these terms, please do not utilize the Site or the materials contained therein. mellohome provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

This Site is for general informational purposes. It is not a substitute for actual legal, investment or professional advice from a licensed competent individual in their field of expertise. The information and services offered on this Site is provided with the understanding that mellohome is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.

mellohome and its agents assume no responsibility for any consequences relating directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. mellohome strives to keep the information on this Site accurate, complete and up-to-date yet does not guarantee, represent or warrant that it is accurate, the most recent information available, nor do we guarantee that all opinions expressed or implied are accurate or reliable. The law and the application of the borrower's situation is unique to every situation, and your situation needs to be individually analyzed. mellohome and its suppliers cannot guarantee, and will not be responsible for, any damage or losses arising from or related to the accuracy, completeness or timeliness of the information presented or its application in your situation.

Services


mellohome helps connect homeowners and soon-to-be homeowners with real estate and home improvement professionals in their area. When you submit a request to find an agent, mellohome Services uses the information you provide and our own data on real estate professionals in order to match you with the best real estate professional to serve your needs.  mellohome Services is a free service for real estate buyers and sellers. mellohome Services may receive payment (a referral fee) that may be a percentage of the commission received by the real estate professionals involved in a related real estate transaction.  Use of our Site and services constitutes acknowledgment of, and agreement to, this compensation arrangement.  mellohome Services does not engage in actual real estate broker services. Real estate brokerage activities are performed by local real estate agents that have been referred to you by mellohome Services. The terms of any agreement between a real estate agent and you are not endorsed, recommended or otherwise known to or by mellohome Services.  mellohome Services is a licensed real estate broker in the State of Texas, but does not broker real estate transactions. mellohome Services does not act as real estate agent for any user.

When you submit information to mellohome Services for a real estate professional request, you authorize mellohome Services to use and provide this information to make a match. By providing this information to mellohome Services, you consent to being contacted by us and by our partner real estate professionals via phone, email, mail or other reasonable means.  You are extending an express invitation for mellohome Services and our partner real estate professionals to contact you by telephone at the numbers (whether landline or cellular) you have provided, and you hereby consent to any such calls even if your phone number is on the Do Not Call list. You understand that these partner real estate professionals may keep the information you submit whether or not you communicate with them regarding a real estate listing and whether or not you complete a real estate transaction with them.

Real estate professionals who use our Site are required to execute a separate agreement that contains additional terms.  Contact info@mellohome.com for the most recent version of that agreement. When a real estate professional submits information to mellohome Services, you authorize mellohome Services to also provide this information to our affiliates, including without limitation loanDepot.com, LLC, to contact you.

mellohome Improvement creates a network for home improvement professionals (“HI Pros”), including contractors, to connect with consumers looking to start home improvement projects. When you sign up with mellohome Improvement as an HI Pro, you agree to be connected to consumers seeking a home improvement professional for a home improvement project. By joining the mellohome Improvement network as an HI Pro you are agreeing to respond to connected consumers promptly and professionally. Any dealings between an HI Pro and a home improvement consumer for a home improvement project, including any terms, conditions, representations, or warranties associated with such dealings, are exclusively between the HI Pro and the home improvement consumer, and will not involve mellohome or its affiliates.

In order to join the mellohome Improvement network, you must agree to the terms of a separate agreement that contains additional terms. Contact contractor@mellohome.com for the most recent version of that agreement.

Personal and Noncommercial Use Limitation


You may access, download and print materials on this Site for your personal and non-commercial use. .

No Unlawful or Prohibited Use


As a condition of your use of this Site, you warrant to mellohome, that you will not use this Site for any purpose that is unlawful or prohibited by this Agreement. If you violate any of the terms of this Agreement, your permission to use the Site automatically terminates.

Prohibited Uses


Except as set forth herein, you are not authorized to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other web site, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. If and when requested by mellohome, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of mellohome, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site will be held accountable and may be subject to prosecution as determined by appropriate law enforcement agencies.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the content contained on the Site without mellohome’s prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on our Site.

You agree that mellohome may terminate your password, account, or use of the Site in mellohome’s sole discretion for any reason. All notices you give to us shall be in writing and shall be made either via e-mail or conventional mail. In addition, mellohome may post notices or links to notices through the Site to inform you of changes to the applicable terms of use, the Site, or other matters of importance. Please see our privacy policy available at https://www.mellohomeservices.com/privacy-policy, which is incorporated by reference into this Agreement, for the details of our commitment to your privacy.

Proprietary Rights


All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by mellohome. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of mellohome. All rights reserved.

THE CONTENTS OF THIS SITE, INCLUDING ITS "LOOK AND FEEL" (E.G., TEXT, GRAPHICS, IMAGES, LOGOS, AND BUTTON ICONS), EDITORIAL CONTENT, NOTICES, SOFTWARE (INCLUDING HTML-BASED COMPUTER PROGRAMS), AND OTHER MATERIAL ARE PROTECTED UNDER BOTH UNITED STATES AND FOREIGN COPYRIGHT, PATENT, TRADEMARK, AND OTHER LAWS. The contents belong to mellohome or to others as indicated. The information and materials contained in the Site may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, supplemented, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of mellohome. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purposes, the Site or use of or access to the Site or any information or technology obtained from the Site.

Links To Third Party Sites


During your use of this Site or at any time in the process, you may be led to other web sites operated by unaffiliated third parties. Inclusion of hyperlinks by mellohome on the Site to such third party web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and services therein, solely at your own risk. mellohome is not responsible for the quality or results or any product or service provided by these companies. As with all websites and all services, you should review their products and services carefully. Never give private information to any party or website or person that you have not completely investigated and established credibility. mellohome is not responsible for the use of the information that you give any third parties.

Liability Disclaimer


You agree that all access and use of the Site and its contents is at your own risk. By using the Site, you acknowledge that mellohome specifically disclaims any liability (whether based in contract, tort, negligence, strict liability or otherwise) for any direct, indirect, incidental, common law, statutory, regulatory, consequential, compensatory, punitive, or special damages arising out of or in any way connected with your access to or use of the Site (even if we have been advised of the possibility of such damages) including, but not limited to, any liability associated with any viruses which may infect your computer equipment. Calculators and tools on the Site provide you with ESTIMATES that may be different than actual amounts.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. mellohome, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIAL AT ANY TIME. ALL INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL mellohome, ITS AFFILIATES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIAL AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF mellohome, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THE MAXIMUM COLLECTIVE LIABILITY OF mellohome, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500.

 

Indemnification


You agree to indemnify, defend and hold harmless mellohome, its affiliates, including without limitation loanDepot.com, LLC and suppliers from any liability, loss, claim and expense (including attorney's reasonable fees) arising from or related to your violation of this Agreement.

 

Access: Changes To Agreement


mellohome reserves the right to modify or discontinue, temporarily or permanently, the Site for any reason, at its sole discretion, with or without notice to you. Likewise, mellohome may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the legal terms and conditions that govern your use of the Site periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

Miscellaneous


This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Texas without giving effect to any principles of conflicts of law. Failure by mellohome, to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between mellohome and you related to this Agreement shall be brought exclusively in federal district court.

mellohome logos, product and service names are trademarks / service marks owned by mellohome, (the "Marks"). You agree not to display or use the Marks in any manner without the prior written permission of mellohome.

This Site uses the Google Maps API, the Google Places API and the Google Maps Geocoding API to collect information about your location. By using this Site you agree to allow us to cache your location for the uses described herein. You may revoke this consent at any time by disabling geolocation sharing in your browser and starting a new browsing session. This information is used to identify nearby branch locations and provide directions to those locations and such information is only retained during your browsing session. Google’s Privacy Policy is incorporated herein and can be found at  https://www.google.com/policies/privacy. By using this site you agree to be bound by Google’s Terms of Service which may be found at https://www.google.com/intl/en/policies/terms.

No Minor Use


This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.

Use within the United States


This Site is intended to be accessed by persons located within the United States of America. Access and use of this Site by persons from locations other than the United States is prohibited.