USER CONSENT AGREEMENT

Last Updated: [04/08/2025]

Introduction

Welcome to www.hoyonow.com (HOME ON YOUR OWN) ("Website"). By accessing or using this Website, you agree to be bound by this User Consent Agreement ("Agreement"). Please read this Agreement carefully before using our Website. If you do not agree to these terms, you must not use this Website.

By clicking the "I Agree" button, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement. This Agreement sets forth the legally binding terms and conditions for your use of the Website.

1. User Rights and Obligations

1.1 Rights

• You are granted a non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with this Agreement.
• You may view, download, and print material from the Website solely for your personal, non-commercial use.

1.2 Obligations

• You agree to use the Website only for lawful purposes and in accordance with the terms of this Agreement, our Terms and Conditions of Service, and any other contracts or agreements that you execute with us.
• You shall not use the Website in any way that breaches any applicable local, national, or international law or regulation or any provision in this Agreement or any other contract or agreement that you execute with us.
• You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms and comply with them.

1.3 Consent to Use of Personal Information

• By submitting personal information (including name, contact details, property photos, and property descriptions) on the Platform, you consent to:
• The collection, storage, and use of your data as described in our Privacy Policy.
• The sharing of your data with third-party service vendors for the purpose of facilitating services related to real estate transactions.
• The use of your submitted property photos and descriptions for platform marketing and promotional purposes.

YOU HAVE THE RIGHT TO WITHDRAW CONSENT AT ANY TIME BY CONTACTING US DIRECTLY.

2. Consent to Electronic Communications

By using the Platform, you consent to receive communications from us, including:

• Service updates and platform notifications
• Marketing communications (with the option to opt out)
• Transactional emails related to account activity and service confirmations
• Email communication containing information and notifications related to or required in order for us to provide the services for which you are using the Platform

3. Consent for User-Generated Content Use

By submitting content (e.g., property photos, property descriptions, and reviews):

• You grant the Platform a non-exclusive, worldwide, royalty-free license to use, modify, display, and distribute the content for platform-related purposes and for purposes which may provide a commercial benefit to the Platform or vendors who advertise on the Platform.
• You represent that you have the legal right to submit the content and that it does not infringe any third-party rights.

4. Consent for Cookies and Tracking Technologies

By using the Platform, you consent to the use of cookies and similar tracking technologies as described in our Cookie Policy, including but not necessarily limited to:

• Performance analytics (e.g., Google Analytics)
• Personalized advertisements and retargeting
• User experience enhancements

You can manage or withdraw consent for cookies through your browser settings.

Additional information concerning our Cookie Policy can be found in our Terms and Conditions of Service.

5. Revoking Consent

You may revoke your consent for data collection, marketing communications, and content use by:

• Adjusting your account settings
• Contacting us directly at support@hoyonow.com
• Following the unsubscribe links included in our marketing emails

6. Limitation of Consent

• Revoking consent may affect your ability to use certain features of the Platform or may make it impossible to use the Platform at all.
• Data required for legal, security, or contractual obligations may be retained even after consent withdrawal.

2. Acceptable Use and Prohibited Actions

2.1 Acceptable Use

• The Website may be used only for lawful purposes by individuals seeking information about our services, purchasing or using our services or purchasing or using the services provided by the vendors advertising on the Website.

2.2 Prohibited Actions
You agree not to:

• Violate any applicable local, state, federal, or international law, ordinance, or regulation.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website.
• Access the Website to monitor its availability, performance, or functionality, or for any other benchmarking or competitive purposes.
• Post, distribute, or transmit any content that is offensive, abusive, defamatory, obscene, or invasive of another's privacy.
• Upload or transmit viruses, Trojan horses, or other material detrimental to the Website's operation.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any server, computer, or database connected to the Website.
• Use any robot, spider, crawler, scraper, or other automated means to access the Website for any purpose without our express written consent.

3. Intellectual Property

• All content on the Website, including text, graphics, logos, icons, images, and software, is the property of www.hoyonow.com, HOME ON YOUR OWN, or its owners, officers, directors, shareholders, members, managers, employees, representatives, parents, subsidiaries, predecessors or successors in interest, or corporate affiliates (“Affiliates”) or its content suppliers and is protected by United States and international copyright laws.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without the express written permission by www.hoyonow.com, HOME ON YOUR OWN, or any of its/their Affiliates.

4. Privacy and Data Protection

• Our Privacy Policy, which can be found at Privacy Policy details the practices we maintain related to the collection, use, and disclosure of user information.
• By using the Website, you consent to the collection and use of your data in accordance with our Privacy Policy and applicable data protection laws, including GDPR and CCPA where applicable.
• We implement a variety of security measures to maintain the safety of your personal information, but we cannot guarantee its absolute security.

5. Limitation of Liability

• In no event shall www.hoyonow.com, HOME ON YOUR OWN, its Affiliates, vendors advertising on the Website or any licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Website.
• This limitation of liability applies to all causes of action, whether based in contract, tort, warranty, statutory rights, or any other legal theory.

6. Termination and Access

• We reserve the right to terminate or suspend your access to the Website, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms of this Agreement.
• Upon termination, your right to use the Website will immediately cease.
• You may appeal a termination decision by contacting support@hoyonow.com  within 30 days of termination. The appeal process will be reviewed and a decision will be communicated within 15 business days.

7. Miscellaneous

7.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

7.2. Dispute Resolution Procedure:

1. 7.2.1 Initial Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to the use of the Platform, including but not limited to any services provided, agreements entered into, or interactions facilitated by the Platform (collectively, “Dispute”), shall first be communicated in writing to Platform via email at support@hoyonow.com (“Notice of Dispute”). The Notice of Dispute shall include a detailed description of the issue, all relevant facts, and the requested resolution. Upon receipt of the Notice of Dispute, Platform shall have ten (10) business days to review and respond. The response may include a proposed resolution, request for additional information, or a denial of the claim. The parties shall engage in good faith negotiations during this period to resolve the matter amicably.
2. 7.2.2 Mandatory Pre-Suit Mediation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution, the complaining party shall then demand mandatory pre-suit mediation via written notice to Platform via email at support@hoyonow.com (“Notice of Presuit Mediation”).  Mediation shall be conducted strictly in accordance with the following terms:
   • - The mediation shall take place in Orange County, Florida and shall be governed by the standard rules of mediation in effect at the time of the Dispute. Mediation shall be in person and not virtual unless agreed to by both parties.
   • - The parties shall mutually select a mediator within ten (10) business days of the mediation demand. If the parties cannot agree on a mediator and thirty (30) days or more have passed since the Notice of Presuit Mediation, Platform shall select a mediator which it deems acceptable and schedule the mediation.
   • - Each party shall participate in mediation in good faith with the intent to reach a resolution.
   • - The parties shall equally share the costs of the mediation, including the mediator’s fees.
   • - Each party shall bear its own legal fees and expenses incurred up to and through mediation, regardless of the outcome of the mediation.
3. 7.2.3 Litigation. If the parties are unable to resolve the Dispute through Initial Dispute Resolution or Mandatory Presuit Mediation, only then may the complaining party file a lawsuit in a court of competent jurisdiction located in Orange County, Florida. The litigation shall be subject to the following conditions:
   • - Jurisdiction and Venue: The parties irrevocably consent to the exclusive jurisdiction and venue of the courts located in Orange County, Florida for any litigation arising out of or related to the Dispute.
   • Attorneys’ Fees and Costs: The prevailing party in any litigation shall be entitled to recover its reasonable attorneys’ fees and costs, but only from the date of filing the lawsuit forward. Any fees or costs incurred prior to filing suit shall be borne by each party individually.
   • Waiver of Jury Trial: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT OR THE USE OF THE PLATFORM.

7.4 Amendments and Modification. No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by authorized representatives of both Parties, provided however the Platform reserves the right to update the terms of this Agreement at any time and in such case, users will be notified of material changes via email or platform notifications. Your continued use of the Platform after updates constitutes acceptance of the revised terms.

7.5 Assignment. Neither Party may assign its rights or delegate its duties under this Agreement without the prior written consent of the other Party.

7.6 Notices. All notices under this Agreement shall be in writing and shall be deemed to have beenduly given i) When delivered by hand, upon receipt; ii) When sent by email, upon acknowledgment of receipt by the receiving Party; iii) When sent by overnight courier, on the next business day; or iv) When mailed by certified or registered mail, return receipt requested, postage prepaid, on the third business day after the date of mailing.

7.7 Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

7.8 Survival. All terms, conditions, covenants, obligations, and/or promises contained herein which reasonably can survive termination or cessation of use of the Platform by any user, whether such termination or cessation was voluntary or involuntary, shall survive said termination or cessation of use of the Platform.

7.9 Waiver. The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

7.10 Periodic Review and Updates. The Parties agree to periodically review the terms of this Agreement at least annually to ensure it remains relevant and compliant with current laws and business practices. Updates to this Agreement shall be mutually agreed upon and documented in writing.

Contact Information. If you have questions about this Agreement or need to notify the Platform of any matter, contact us at

[P.O. Box 570175, Orlando, FL 32857]

[support@hoyonow.com]

Acknowledgment
By clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.