Terms of Use

Last updated: October 28, 2021

Knockaway, Inc., Knock Lending LLC, and Knock Homes LLC (“Knock “we,” “us,” or “our”) welcome you. We invite you to access and use our websites, https://www.knock.com and https://www.knocklending.com along with the services we provide through such websites (collectively, and with our mobile application, the “Site”) subject to the following terms and conditions (the “Terms of Use” or “Terms”), which may be updated by us from time to time.

BY BROWSING, ACCESSING, OR USING THE SITE AND THE MOBILE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY OF THE TERMS, THEN PLEASE DO NOT USE OR ACCESS THE SITE OR ANY PORTION THEREOF.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the availability of the Site, or to modify the Terms, at any time and without prior notice. If we modify the Terms, we will post the modification on the Site. By continuing to access or use the Site after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. We will provide the last date the Terms were updated at the beginning of these Terms. We encourage you to review these Terms regularly for updates.

1. ELIGIBILITY

The Site are available for individuals aged 18 years or older located in the United States. If you are 18 or older, but under the age of majority in your jurisdiction, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understands it. We reserve the right, in our sole and absolute discretion, to deny you access to the Site or any portion thereof, without notice and without reason.

2. DESCRIPTION OF USERS

a. Visitors.

Visitors to our Site, as the term implies, are people who do not register for an account, but want to explore the Site for informational purposes (“Visitors”). No login is required for Visitors to the Site. Visitors can view all content and access all publicly-available features and functionality on the Site, and contact us using the contact link on the Site.

b. Registered Users and Clients.

If you want to obtain Estimates (as defined below) for your existing home using our proprietary algorithm (the “Property Estimate Tool”), apply for a mortgage to purchase your new home on our lending platform, Knocklending.com, or save your information, search history, and results in our database, you will need to become a “Registered User” by registering for an account with the Site. Knock may accept or reject any registration in our sole and exclusive discretion. Further, if you are interested in having Knock sell your home by becoming a client of Knock (“Client”), you will be required to go through our listing application process. Knock is under no obligation to accept any individual as a Client or to list any particular home. If Knock does accept your application to list your home, you will be required to execute an exclusive listing and broker agreement with Knock (a “Listing Agreement”). As a Client, your Listing Agreement governs your use of our services and your obligations as a Client. These Terms govern your access to and use of the Site and does not supersede or negate anything in the Listing Agreement.

3. LENDING TOOL

When you connect to our lending platform, Knocklending.com, and apply for a loan to purchase your new home, we will ask you to provide certain personal financial information to help us find the right loan for you. All information that you provide through Knocklending.com shall be used and processed by Knock in accordance with our Privacy Policy and subject to our GLBA Policy. Your application for residential mortgage and any loan issued to you on Knocklending.com will be governed by the applicable mortgage application and loan agreements, and those agreements will govern your obligations as an applicant and borrower. These Terms govern your access to and use of the Site and does not supersede or negate anything in the mortgage application or mortgage loan agreement.

4. PROPERTY ESTIMATE TOOL

You may use our Property Estimate Tool by filling out the consumer web form on our Site and providing certain information to Knock. Some of this information may be personal information, such as your name, email address, and phone number; other information may include the location of the home you are interested in selling, the condition of the home, and your desired move-out date. All information that you provide us through the Site shall be used and processed by Knock in accordance with our Privacy Policy . In addition to information that you provide, our Property Estimate Tool will pull publicly available data about the home using the address you provide, such as the number of bedrooms and bathrooms and the square footage of the home. Once you provide the required information, our proprietary technology will provide you with an estimated sale price for your home (an “ Estimate ”). Estimates provided through the Property Estimate Tool are not guarantees of any listing price or actual sale price of your home. We are not liable to you or any third party, under any circumstances or for any reason, with respect to our Estimates or your use thereof or reliance thereon.

5. USE OF YOUR ACCOUNT

When you become a Registered User, you will need to log in using your email address and create a password. When creating your account, you must provide true, accurate, current, and complete information about yourself. You may not transfer your account to anyone else without our prior written permission. You are solely responsible for all activity under your account. Each user email and password can be used by only one individual. You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any use of any services, or communications from your account to Knock). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.

6. LICENSE GRANT

Subject to these Terms, Knock grants you a limited, non-transferable, non-exclusive, license to access and use the Site solely for your personal, non-commercial purpose. Knock may terminate this license at any time for any reason. By accessing and/or using the Site, you hereby agree to comply with the following guidelines:

You will not use the Site for any unlawful purpose;
You will not access or use the Site to collect any market research for competing businesses;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.

Knock may modify, suspend, or discontinue the Site at any time and it will not be liable to you or any third party. We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Site, or any portion thereof, without notice.

7. INTELLECTUAL PROPERTY

The Site and all content on the Site, including, but not limited to text, images, illustrations, audio clips, and video clips, is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Knock and its licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.

You may view all content on the Site (the “ Content ”) for your own personal, non-commercial use and not for any other use, including any commercial use, without the prior written consent of Knock. The Content may be owned by us, our affiliates or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Site, social media page, or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of these Terms, your permission to access the Site automatically terminates and you must immediately destroy any copies you have made of the Site.

The trademarks, service marks, and logos of Knock (the “ Knock Trademarks ”) used and displayed on the Site are registered and unregistered trademarks or service marks of Knock. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “ Third-Party Trademarks ,” and, collectively with Knock Trademarks, the “ Trademarks ”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any Site are prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Knock Trademarks inures to our benefit.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

Reporting Claims of Copyright Infringement

8. FEEDBACK

If you provide us with any feedback, comments, and suggestions with respect to the Site (“ Feedback ”), you hereby agree that we will be free to use, reproduce, and disclose any and all such Feedback in perpetuity subject to applicable privacy laws, for any lawful purpose, without compensation or attribution to you or any third party.

9. CONFIDENTIALITY

If you are a Registered User or Client, you acknowledge that Knock has disclosed or may disclose information relating to Knock’s technology or business (hereinafter referred to as “ Proprietary Information ”). You agree: (i) not to divulge to any third person any such Proprietary Information, (ii) to give access to such Proprietary information solely to those employees with a need to have access thereto for purposes of these Terms, and (iii) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that you take with your own proprietary information, but in no event less than reasonable precautions to protect such Proprietary Information. The foregoing will not apply with respect to any information that you can document (a) is or becomes generally available to the public other than through your own wrongful act, or (b) was in your possession or known by you prior to receipt from us, or (c) was rightfully disclosed to you without restriction by a third party, or (d) was independently developed without use of any Proprietary Information. Nothing in these Terms will prevent you from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that you give us reasonable prior notice of such disclosure to contest such order.

A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

10. USE AND TERMS OF TEXT COMMUNICATIONS

Our Site allows you to request and receive informational text messages (“ Text Messages ”) to inform you about the status of your price inquiry, next steps, reminders and other important information.

It is your responsibility to determine if your mobile service provider supports text messaging and your mobile device is capable of receiving text messages. Our Text Messages are subject to the terms and conditions of your agreement(s) with your mobile device carrier. You are responsible for any fees imposed by your mobile device carrier of any kind whatsoever. You acknowledge that our Text Messages are sent to you without being encrypted and will include information pertaining to price inquiry. Knock reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, modify, or suspend Text Messages services for scheduled or unscheduled maintenance, upgrades, improvements or corrections.

If you do not wish to receive mobile communications and text messages, you can opt-out either by not confirming your opt-in to receive Text Messages, by changing the text message settings on your account, or by responding to a text with “STOP” or “UNSUBSCRIBE” or otherwise following the opt-out instructions in a text message. Knock reserves the right to change these Terms, and your continued use of the Text Messages constitutes agreement to all such changes.

11. MORTGAGE PRE-IMBURSEMENT

You expressly authorize Knock Lending LLC to collect your personal information, including your full name and email address and acknowledge that you are wholly responsible for the accuracy and completeness of the data you provide to Knock Lending LLC for this purpose. You expressly authorize Knock Lending LLC’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. In order to originate credit transfers to your financial institution account, you will be required to provide certain information which may include your financial institution name, financial institution account number, financial institution routing number, and similar information (“Financial Information”). Such Financial Information will be collected and processed by our service provider, Dwolla, Inc. pursuant to the terms and conditions of their privacy policy .

12. DISCLAIMER OF WARRANTIES; NOT AN APPRAISAL

THE SITE, THE CONTENT, THE TEXT MESSAGES, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER KNOCK, NOR ITS AFFILIATES, NOR ITS THIRD-PARTY PROVIDERS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THESE TERMS. KNOCK, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. KNOCK WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA OUR TEXT MESSAGES OR ANY OTHER FAILURE TO RECEIVE TEXT MESSAGES FROM KNOCK.

ALL CONTENT ON THE SITE ARE SUBJECT TO THE POSSIBILITY OF ERRORS, OMISSIONS, OR WITHDRAWAL WITHOUT NOTICE. TO THE EXTENT THAT KNOCK, ITS AFFILIATES, OR ITS THIRD-PARTY PROVIDERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

KNOCK DOES NOT OPERATE AS AN ACCOUNTING, FINANCIAL, TAX, LEGAL, OR INVESTMENT ADVISOR. THE CONTENT AND INFORMATION, INCLUDING, WITHOUT LIMITATION, ESTIMATES, THAT YOU ACCESS ON THE KNOCK.COM SITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. KNOCK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUCH RESULTS, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE ACQUIRED BY YOUR USE OF THIS SITE. YOU HEREBY ACKNOWLEDGE THAT ANY DECISIONS INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO MORTGAGE, CREDIT, OR PURCHASES, ARE MADE AT YOUR SOLE DISCRETION AND RISK. KNOCK MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOU WILL BE APPROVED AS A KNOCK CLIENT, SECURE FINANCING FOR ANY PROPERTY, OR THAT KNOCK WILL ENTER INTO ANY AGREEMENT WITH YOU WITH RESPECT TO ANY PROPERTY OR PROPERTIES. NOTHING IN THESE TERMS SHALL OBLIGATE KNOCK TO EXECUTE ANY AGREEMENT WITH YOU, EVEN IF YOU ARE QUALIFIED BY OUR THIRD-PARTY MORTGAGE LENDERS. YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE DISCRETION AND RISK.

KNOCK DOES NOT PROVIDE APPRAISALS, AND ANY INFORMATION KNOCK PROVIDES REGARDING YOUR HOME IS NOT AND SHALL NOT BE CONSIDERED AN APPRAISAL.

13. LIMITATION OF LIABILITY

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100) EXCEPT AS OTHERWISE PROVIDED IN A LISTING AGREEMENT OR OTHER AGREEMENT BETWEEN YOU AND KNOCK.

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

14. FAIR HOUSING ACT DISCLOSURE

Knock does business in accordance with the Fair Housing Act. Thus, in connection with its activity under the Site, Knock will not discriminate against any person on the basis the person’s race, color, religion, sex, handicap, familial status (having one or more children), or national origin.

15. EXTERNAL SITE

The Site may contain links to third-party Site (“ External Site ”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Site. The content of such External Site is developed and provided by others. You should contact the Site administrator or webmaster for those External Site if you have any concerns regarding such links or any content located on such External Site. We are not responsible for the content of any linked External Site and do not make any representations regarding the content or accuracy of materials on such External Site. You should take precautions when downloading files from all Site to protect your computer from viruses and other destructive programs. If you decide to access linked External Site, you do so at your own risk.

16. INDEMNIFICATION

You will indemnify, defend, and hold Knock, our affiliates, and our and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, “ Knock Indemnitees ”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees incurred by any Knock Indemnitee in connection with a third-party claim, action, or proceeding (each, a “ Claim ”) arising from your violation of these Terms or your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim (provided that our failure to provide prompt written notice shall excuse your indemnification obligations only to the extent that you are prejudiced thereby); (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise, provided that you may not make any admission of liability on behalf of any Knock Indemnitee without our prior written approval.

17. COMPLIANCE WITH APPLICABLE LAWS

The Site are based in, and our services are only available in, the United States. The Site are designed to be accessed and used from the United States.

18. TERMINATION

We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Site, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.

19. BINDING ARBITRATION

In the event of a dispute arising under or relating to these Terms or the Site (each, a “ Dispute ”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“ FAA ”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS Site www.jamsadr.com . Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 20 below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

In the event the laws of your state prohibit arbitration, this Section will not apply; however, all other provisions of the Terms will remain in effect.

20. CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. In the event the laws of your state prohibit this class action waiver, this Section will not apply; however, all other provisions of the Terms will remain in effect.

21. EQUITABLE RELIEF

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Delaware for purposes of any such action by us.

22. CONTROLLING LAW; EXCLUSIVE FORUM

These Terms will be governed by the laws of the state of Delaware. The exclusive jurisdiction for any claim, action or dispute with Knock or relating in any way to your use of the Site will be in the state and federal courts of the state of Delaware and the venue for the adjudication or disposition of any such claim, action or dispute will be in Delaware.

23. MISCELLANEOUS

If these Terms are terminated in accordance with the termination provision in Section 17 above, such termination shall not affect the validity of the following provisions of these Terms, which shall remain in full force and effect: “Intellectual Property,” “Confidentiality,” “Disclaimer of Warranties; Not an Appraisal,” “Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” “Controlling Law; Exclusive Forum,” and “Miscellaneous.”

Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing (including with respect to any Listing Agreement, loan application, or loan agreement), these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The Listing Agreement, if any, is not superseded by these Terms. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.