These Terms of Use (“Terms”) govern access to and use of the Homes By Luke website, including its content, calculators, forms, and related online features (collectively, the “Site”). The Site is operated by Miller Built Realty LLC, doing business as Homes By Luke (the “Company,” “we,” “us,” or “our”).
By accessing or using the Site, you agree to these Terms to the extent enforceable under applicable law. If you do not agree, discontinue use. You represent that you are at least 18 years old and have legal capacity to use the Site and provide the information you submit.
Scope; no professional engagement
The Site provides general information about real estate and related services. Luke Miller’s real estate brokerage services are provided through Wayvora Realty. The Site is not an offer to provide services in a jurisdiction where the relevant provider is not authorized to do so.
Accessing the Site, exchanging preliminary communications, requesting information, or submitting a property inquiry does not, by itself, establish a brokerage, agency, fiduciary, contractor, or other professional relationship. Any engagement, scope of services, compensation, representation, or transaction is subject to applicable disclosures, law, and separate agreements with the appropriate provider.
These Terms govern Site use only. They do not replace required agency disclosures or modify a signed brokerage, purchase, construction, or other service agreement. In the event of a conflict, the applicable signed agreement controls with respect to the services or transaction it addresses.
Informational use; independent verification
Content is provided for general informational purposes and is not individualized legal, tax, investment, financing, engineering, inspection, or appraisal advice. You are responsible for obtaining appropriate professional advice and independently verifying information material to a decision.
Do not rely exclusively on Site content to enter into a transaction, waive a contingency, determine property condition or value, select financing, or establish eligibility for a program. Publication of information does not create a duty to update it on any particular schedule.
Listings, estimates, and illustrative materials
Listing information, prices, availability, square footage, boundaries, school assignments, taxes, financing assumptions, market statistics, and program terms may be supplied by third parties and may contain errors, omissions, or outdated information. All such information is subject to change and independent confirmation. Display of a property does not establish that it remains available or that the Company is its listing broker.
Calculators, home-value ranges, projected proceeds, cost estimates, and timelines are illustrative estimates based on assumptions and available information. They are not appraisals, lending commitments, binding quotations, offers to purchase or sell, or guarantees of price, cost, timing, or outcome. Actual results may differ materially.
Photographs, renderings, staged imagery, and AI-generated materials may be illustrative. Unless expressly identified otherwise, such materials do not establish the condition, availability, specifications, or completed construction of a particular property.
Submissions and communications
You are responsible for the accuracy, legality, and completeness of information you submit and for having authority to provide it. You authorize the Company to use submissions to evaluate and respond to your request and administer related services, subject to the Privacy Policy and applicable law. This authorization does not transfer ownership of your information or constitute unrestricted permission to disclose it.
Do not submit sensitive identification, financial account, health, or other confidential information through general inquiry forms. Electronic transmission does not establish confidentiality obligations beyond those imposed by applicable law or an existing agreement.
The Company does not guarantee receipt, delivery, response time, service availability, or acceptance of an inquiry. Website submissions do not constitute delivery of contractual notices, offers, acceptances, amendments, or time-sensitive transaction instructions unless expressly agreed in writing. Independently confirm receipt of material communications.
Contact information supplied with an inquiry may be used to respond to that inquiry. Text-message and data charges may apply; reply STOP or contact the Company to opt out of texts. A general inquiry does not constitute consent to an automated marketing text-message campaign.
Limited permission and prohibited conduct
Subject to these Terms, you may access the Site and download or print reasonable portions of its content for lawful, personal, noncommercial use. This permission is limited, nonexclusive, nontransferable, and revocable to the extent permitted by law.
You may not use the Site to violate law or third-party rights; impersonate another person; submit fraudulent, abusive, or unsolicited material; introduce malicious code; circumvent access controls; attempt unauthorized access; interfere with Site operation; or systematically extract or republish content without authorization. These restrictions do not limit activities protected by applicable law.
We may restrict, suspend, or terminate access reasonably necessary to address misuse, security concerns, legal obligations, or violations of these Terms. Provisions that by their nature should survive termination remain in effect.
Intellectual property
Except for rights expressly granted here or provided by law, the Site and its text, design, software, branding, images, and other materials are owned by the Company or their respective licensors and rights holders. No license to trademarks or other intellectual property is implied. Do not remove ownership notices or use branding in a manner that suggests an unauthorized affiliation or endorsement.
Third-party listing content, logos, marks, and other materials remain subject to their owners’ rights and applicable usage restrictions.
Third-party content and services
The Site includes links to and information concerning independently operated listing platforms, lenders, contractors, public agencies, and other providers. Their services and websites are subject to their own terms and policies. A reference, link, or introduction is not a warranty of performance, availability, suitability, or financial condition and does not make the Company responsible for a third party’s independent acts or omissions.
You are responsible for evaluating third-party services and entering into any necessary agreements directly with the relevant provider. Nothing in this section limits duties the Company independently owes under law or a separate agreement.
Privacy, analytics, and advertising
The Site uses Microsoft Clarity, Google Analytics, and Meta Pixel for interaction analysis, session replay, audience measurement, advertising attribution, and remarketing. Information about these technologies, recipient policies, and applicable choices appears in the Privacy Policy and its privacy rights section.
Agreement to these Terms does not substitute for any separately required consent to data processing, cookies, or marketing, and does not waive rights granted by applicable privacy law.
Disclaimer of warranties
To the fullest extent permitted by applicable law, the Site and its content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and noninfringement.
The Company does not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components, or that content will be accurate, complete, current, or suitable for a particular purpose. No statement obtained through the Site creates a warranty not expressly set forth in a binding agreement.
These disclaimers apply to Site use and do not disclaim professional duties, express obligations under a separate agreement, or warranties that cannot lawfully be excluded.
Limitation of liability
To the fullest extent permitted by applicable law, the Company and its members, managers, personnel, and agents will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost opportunities, business interruption, or loss of data, arising out of or relating to access to, use of, or inability to use the Site, even if advised of the possibility of such damages.
This limitation applies regardless of the legal theory asserted, but does not exclude or limit liability for fraud, willful misconduct, gross negligence, or any other liability that applicable law prohibits excluding or limiting. It does not alter liability arising under a separate professional-services or transaction agreement. Where a limitation is not permitted, it applies only to the extent lawful.
Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its members, managers, personnel, and agents from third-party claims, damages, liabilities, and reasonable legal expenses to the extent caused by your unlawful use of the Site, your material violation of these Terms, or content you submit that infringes a third party’s rights.
This obligation does not apply to the extent a claim results from the indemnified party’s negligence, willful misconduct, or violation of law. The Company will provide reasonable notice of a claim and reasonable cooperation, and no settlement may impose an admission or nonmonetary obligation on another party without that party’s consent.
Governing law and disputes
These Terms are governed by Minnesota law, without regard to conflict-of-law principles, except to the extent mandatory law requires otherwise. Subject to applicable consumer protections and jurisdictional requirements, disputes arising from these Terms or Site use shall be brought in state or federal courts of competent jurisdiction in Minnesota.
Nothing in these Terms prevents you from submitting a complaint to a regulator, exercising a nonwaivable statutory right, or using a forum that applicable law requires to remain available.
Amendments; general provisions
We may revise these Terms by posting an updated version and effective date. Changes apply prospectively, subject to notice and assent requirements imposed by law. Material changes do not retroactively alter an accrued claim or a separate signed agreement.
These Terms constitute the agreement concerning Site use, subject to any separate applicable written agreement. If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law. Failure to enforce a provision is not a waiver of the right to enforce it later. Headings are for convenience and do not affect interpretation.
Contact information
Miller Built Realty LLC, DBA Homes By Luke
Rochester, Minnesota
Attention: Website Terms
[email protected] or 507-216-2497