Last modified: September 10, 2019
Before we can show you pictures and prices of homes, or show you comments on active listings from real estate agents, brokers or sales persons, our MLS data providers require you to acknowledge that you are considering HouseCanary (and any registered broker affiliate) as your real estate agent, broker or salesperson (unless you are a licensed real estate agent). Accordingly, by accessing and using the Service, you acknowledge and agree that you are considering HouseCanary (and any registered broker affiliate) as your real estate agent, broker or salesperson (except if you are a licensed real estate agent). You have no obligation to work with us to assist you in valuing a property. You can choose to work with us or not. This ToU and relationship does not create a financial obligation for you and any such obligation would be pursuant to a separate written or electronic agreement expressly agreed by you
PLEASE NOTE: WHERE PERMITTED BY APPLICABLE LAW, THIS TOU CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER SECTION 19. PLEASE READ THIS TOU CAREFULLY. BY AGREEING TO THIS TOU, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS TOU (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 19) AND AGREE TO ALL OF ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TOU, YOU MAY NOT USE OR ACCESS THE SERVICE.
This ToU contains important language governing your use of the Service. It addresses, among other things, information about how we provide the Service, how we or you may terminate the Service, the requirements imposed on you when managing your account and how we handle disputes (which are handled by binding arbitration in most cases).
1. ToU Updates. We reserve the right to modify, supplement, update or replace all or any portion of this ToU at any time, and we will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If we make any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to the address associated with your account, through a pop-up window on the Site, or other similar mechanism. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications.
3. Termination of Service. We reserve the right to deny service to any person or entity at our sole and absolute discretion. You acknowledge and agree that we may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if we suspect that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If we disable your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account.
4. Accounts and Security.
4.1. Account. To access certain aspects of the Service, you must have an account. You can create an account by completing the registration process. You may be required to provide information about yourself as part of the registration process or your continued use of the Service. You agree that any registration information that you submit to us will be correct, accurate and up to date.
4.2. Account Security. Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately if you become aware of any unauthorized use of your password or of your account.
4.3. Account Sharing or Transfers. Accounts are registered to you personally and may not be transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else.
4.4. Cancellation by You. You have the right to cancel your account at any time. You may cancel your account by contacting us via email at [email protected].
4.5. Termination by Us. We may at any time terminate your account at any time for any reason or no reason, including if:
a. We determine that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to us;
b. We determine it is required by law to terminate your account; or
c. We decide to stop providing the Service or critical portions of the Service.
4.6. Effect of Account Termination or Cancellation. If you voluntarily terminate your account, you may request that we reactivate that account at any time by contacting us via email at [email protected] Accounts terminated by us for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.
4.7. Communication by Us. For purposes of responding to you and providing you with information and notices about your account or the Service (such as information about homes you might be interested in), you agree that this ToU constitutes a written contract and an existing business relationship between you and HouseCanary, and that we may communicate with you using the contact information associated with your account. Please review your account settings on the Site or settings on your mobile device to control what kind of messages you receive from HouseCanary. HouseCanary has no liability arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. Through the Service, you may find, search and filter for homes and home types you are looking for, listing price and neighborhood information regarding schools, safety, proximity to grocery stores and neighborhood amenities. By using the Service, you authorize HouseCanary to share your personal information including your contact information, home search history, favorites and saved searches. HouseCanary may send you messages, including without limitation email, text messages/SMS, push notifications, and direct mail, relating to your account or your use of the Service. HouseCanary will not send you messages for marketing purposes without first receiving your prior express consent.
5. Use Requirements.
5.1. License Grant. Subject to the terms and conditions of this ToU, we hereby grant you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service and to download, install and use the App solely in connection with your personal, non-commercial use of the Service on compatible devices owned or controlled by you, all of which may only be used in accordance with this ToU and any other rules, restrictions or documentation set forth by us from time to time.
5.2. Updates. We may require that you download and install updates to the App from time to time. You acknowledge and agree that we may update the Service from time to time with or without notifying you, and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that we have no obligation to make the Service available to you, make any subsequent versions of the Site available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and we may terminate your access to the Service or stop offering the Service at any time.
6. Restrictions and Conditions of Use.
6.1. Use of the Service. You agree that you are at least the age of majority in the state, province or territory where you live to use the Services and a resident of the United States. If you are under 13 years old, you are not authorized to use the Service. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Service. We reserve the right to add or remove information, content or services from the Site at any time at our sole discretion.
6.2. Accessing the Service. You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
6.3. No Violation of Laws. You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation, or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
6.4. Use Restrictions. You may not connect to or use the Service in any way that is not expressly permitted by this ToU.
a. Without limiting the generality of the foregoing, you agree that you will not: (i) remove any proprietary notices from the Service; (ii) use the Service to analyze, review or obtain information regarding the functionality, features, content, materials or individual elements of the Service, whether for commercial purposes or otherwise, except as expressly permitted herein; (iii) modify, merge, decompile, disassemble, scrape, translate, decode or reverse engineer any portion of the Service or technology used by HouseCanary to deliver the Service for any purpose (including, without limitation, to discover or directly access the source code, analytics, algorithms, methodologies or other know-how of the Service or any component or portion thereof), or use any data mining, gathering or extraction tool, or any robot, spider or other automatic device or manual process, to monitor or copy any portion of the Service or other technology of HouseCanary or the data generated thereby; (iv) derive, mine, extract, scrape and/or store any aspect of the Service for purposes of developing a database of information for any owned or third-party software, technology, product or service; (v) use, reproduce, compile, disclose, publish, display, distribute, transmit or make available any portion of the Service or technology of HouseCanary or the data generated thereby for the purpose of selling or licensing the same on a stand-alone basis or otherwise; (vi) make any portion of the Service publicly available; (vii) create derivative works from the Service or any aspect thereof; or (viii) store the Service outside of the United States; (ix) use, resell or sublicense the Licensed Materials for use: (A) as a factor in establishing an individual’s eligibility for credit, insurance, or employment; (B) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority; (C) in connection with underwriting individual insurance; or (D) in a way that would cause the Licensed Materials to constitute a “consumer report” under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. or similar statute, or by any other authority having jurisdiction over the Parties; (x) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without our prior written consent; or (xi) make any false, misleading or deceptive statement or representation regarding us or the Service.
b. Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with us; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation, or treaty.
c. Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by us in our sole discretion.
6.5. Use Restrictions and Commercial Use.
a. Without limiting the generality of the foregoing, you agree that you are authorized to use the Service only for residential real estate transactions, and not for commercial real estate transactions of any kind.
b. Real estate agents, brokers, salespersons and other professionals (“Agents”) are welcome to use the Service but may not promote their Service. Agents may include their brokerage as part of their Submitted Content but may not include contact information or website addresses and may not embed any marketing information in listing photos or videos, including an agent’s name, company or brokerage name, logo, phone number or email address (note: where available HouseCanary will display the name, photo, license number, brokerage name, phone number and/or email address of listing Agents who submit listings to the Service).
c. Agents may not post any information that identifies any individual person whether such person is a property-owner or otherwise, or any information that could be used to identify any individual person, in all cases except for any broker or salesperson associated with the applicable party.
6.6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and we have no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. We may immediately terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 6 or any other terms of this ToU.
7.1. Links from the Service. The Service may contain links to websites operated by independent third parties. We provide these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under our control and we are not responsible for the content available on the other websites or services. Such links do not imply our endorsement of information or material on any other website and we disclaim all liability with regard to your access to and use of such linked websites. You understand and acknowledge that your access and use of linked websites and the services provided through these websites is governed by the terms of service and other agreements posted on such websites. You should review any applicable terms of service or agreements of a third party site before using it or sharing any information with it, because you may give the third party permission to use your information in ways we would not.
7.2. Links to the Service. Unless otherwise set forth in a written agreement between you and us, you must adhere to our linking policy as follows: (a) the appearance, position and other aspects of any link to the Site may not be such as to damage or dilute the goodwill associated with our or our licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website. We reserve the right to revoke its consent to the link at any time and in its sole discretion.
8. Intellectual Property.
8.1. Trademarks. The HouseCanary Property Explorer name and logo, and all related trademarks, are trademarks and service marks of HouseCanary. Unless permitted in a separate written agreement with us, you do not have the right to use any of our trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws. Apple, the Apple logo, iPad, iPhone, and iPod touch are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Android is a trademark of Google Inc. and use of this trademark is subject to Google Permissions. Other trademarks and logos used in connection with our Service may be the trademarks of their respective owners, and such use is not intended to grant us any rights in such trademarks.
8.2. Ownership. You acknowledge and agree that HouseCanary, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that we have designated as confidential and you agree not to disclose such information without our prior written consent. You may not buy any ads or use any meta-tags or other hidden text using the HouseCanary or Property Explorer name or any affiliate name thereof or trademarks without our specific, prior written permission. If you violate this ToU, your permission to access and use the Site or Service is automatically revoked pursuant to Section 4.5.
8.3. Feedback. You may choose to, or we may invite you to, submit comments, bug reports, ideas or other feedback about the Site and the Service (“Feedback”). By submitting Feedback, you agree that we are free to use such Feedback at its discretion without any obligation to you. We may also choose to disclose Feedback to third parties. You hereby grant us a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.
10. Location. The Service is operated by us in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
11. Submitted Content.
11.1. We are not the source of, do not verify or endorse and take no responsibility (directly or indirectly) for any materials submitted or made available through the Service via any function which allows a user (or third party) to post or submit content (“Submitted Content”). Any use or reliance on Submitted Content posted via the Service or obtained by you through the Service is at your own risk. By using the Service, you agree that your Submitted Content may be viewable by other users of the Service. Submitted Content is entirely the responsibility of the person (or third party) from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. WE ARE NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF YOUR SUBMITTED CONTENT. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false, inaccurate or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, discriminatory, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. We may in our sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of this ToU. Further, we may in its sole discretion remove such content and terminate your account if you submit any content that is in breach of this ToU.
11.2. We do not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant us a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of or incorporate into other works, edit, translate display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and our (and our successors’ and affiliates’) business, including without limitation for marketing, promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 11.2. In connection with the Service, you hereby waive all moral rights in and to all Submitted Content you post or otherwise provide to us, all to the maximum extent permitted by applicable law. We will not pay you for your Submitted Content or to exercise any rights related to your Submitted Content set forth in the preceding sentence.
11.3. You acknowledge and agree that: (a) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and we have no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (c) we do not guarantee any confidentiality with respect to your Submitted Content; and (d) we are not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. We do not endorse any Submitted Content, and expressly disclaims any and all liability in connection with Submitted Content.
11.4. You acknowledge that we have the right to pre-screen your Submitted Content, but has no obligation to do so. At our sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that violates this ToU or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
11.5. You acknowledge that your Submitted Content is your sole responsibility. You agree that, under no circumstances, will we be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the reliance, use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
12. Children. The Service is not directed toward children under 13 years of age, and we do not knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to us.
13. DISCLAIMER OF WARRANTIES.
13.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOUSECANARY DOES NOT CONTROL OR VET THIRD-PARTY GENERATED CONTENT FOR ACCURACY.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
13.3. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE.
13.4. WE DO NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FURTHERMORE, HOUSECANARY DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
13.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
13.6. HOUSECANARY IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY SUBMISSIONS OR OTHER THIRD-PARTY CONTENT) SENT THROUGH HOUSECANARY TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. HOUSECANARY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICE BY OTHER USERS OF THE COMMUNITY; THEREFORE, HOUSECANARY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
13.7. ADDITIONAL DISCLAIMERS. You acknowledge and agree that projected market and financial information, conclusions and other information contained in our products and services (and/or our databases and analytical processes) are not definitive forecasts, appraisals or opinions of value. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to us, and such information and conclusions are not guaranteed by us and should not be construed as investment advice or relied upon for critical decision making. We use or have used public and/or confidential data and assumptions provided to us by third parties, and we have not independently verified the data and assumptions used in these analyses or data sets. Changes in the underlying data or operating assumptions, or any loss of access to any one or more sources will clearly impact the analyses, conclusions and appraisals.
Our products and services , do not constitute legal, tax, accounting or other professional advice, and may not be used for or relied upon for these purposes. Although you are entering into a lawful consumer-broker, seller/buyer or similar relationship, no attorney-client, advisory, fiduciary or other relationship is created by your acceptance or use of our products and services. You shall not use our products and services for personal, family or household purposes or to determine an individual’s eligibility for credit, insurance, employment, or government license or benefit. The information on the Site, or in the Service is not an offer or solicitation by anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
You acknowledge and agree that our information providers shall not be liable for any claim or loss resulting from the content of, errors or omissions in, or your use of the information contained in or retrieved from our products, and services and including without limitation any Submitted Content. Issues of data accuracy may be brought to our attention by sending feedback but it is likely that such information accuracy cannot be corrected by us and the entity or person that generated the information must be appealed to. For example: incorrect listing information can only be changed by the third-party listing agent under our terms with the MLSs.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
14. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
14.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSECANARY AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
a. ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THIS WEBSITE), EVEN IF HOUSECANARY OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
b. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR
c. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE.
14.2. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF HOUSECANARY OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of HouseCanary and the Related Parties shall be limited to the fullest extent permitted by law.
15. Release. You release HouseCanary, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Service. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
16. Indemnification. You agree to defend, indemnify and hold HouseCanary and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service; or (b) your breach of this ToU or any other policies that HouseCanary may issue for the Service from time to time. You further agree to cooperate as required by HouseCanary in the defense of any claim. HouseCanary reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of HouseCanary.
17. Governing Law; Jurisdiction. This ToU is governed by Texas law, without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and HouseCanary agree that, except as otherwise provided in Section 19 below, the state and federal courts located in San Antonio, Texas will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, HouseCanary shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
18. Claims of Copyright Infringement.
If you are a copyright holder and believe your work has been used on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent with the following information:
If your Submitted Content is removed or access to it is disabled and you believe in good faith that a claim has been wrongly made against you, you may submit a counter-notification to us. Your counter-notification must be in writing and sent to our Copyright Agent, whose address is above. Your counter-notification must contain the following information:
It is expected that all users of any part of the Service will comply with applicable copyright laws. However, if HouseCanary is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. HouseCanary will comply with the appropriate provisions of applicable law in the event a copyright notification or counter notification is received by its designated agent.
Under appropriate circumstances, HouseCanary may, in its sole discretion, terminate authorization of users of the Service who are repeat infringers. If you believe that a user is a repeat infringer, please follow the instructions above to contact HouseCanary and provide information sufficient for us to verify that the user is a repeat infringer.
19. Binding Arbitration.
19.1. Arbitration Procedures. You and HouseCanary agree that, except as provided in Section 19.4 below, all disputes, controversies and claims related to this ToU (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in this ToU. In the event of a conflict between the terms set forth in this Section 19 and the JAMS Rules, the terms in this Section 19 will control and prevail.
Except as otherwise set forth in Section 19.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and HouseCanary will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in this ToU, (a) you and HouseCanary may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND HOUSECANARY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
19.2. Location. The arbitration will take place in San Antonio, Texas, unless the parties agree to video, phone or internet connection appearances.
19.3. Limitations. You and HouseCanary agree that any arbitration shall be limited to the Claim between HouseCanary and you individually. YOU AND HOUSECANARY AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
19.4. Exceptions to Arbitration. You and HouseCanary agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of HouseCanary’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
19.5. Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
19.6. Severability. You and HouseCanary agree that if any portion of this Section 19 is found illegal or unenforceable (except any portion of Section 19.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 19.4 is found to be illegal or unenforceable then neither you nor HouseCanary will elect to arbitrate any Claim falling within that portion of Section 19.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Bexar, Texas, United States of America, and you and HouseCanary agree to submit to the personal jurisdiction of that court.
20. Notice Regarding App Stores. To the extent that you are using our mobile applications that you downloaded through a third party’s App store, you further acknowledge and agree to the terms of this Section 20. You acknowledge that this ToU is between you and HouseCanary only, not with the owner or operator of the App store (the “App Store Provider”), and the App Store Provider is not responsible for the App or the Service and the content thereof.
20.1. The App Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Service. In the event of any failure of the App or Service to conform to any applicable warranty, you may notify the App Store Provider and the App Store Provider will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, the App Store Provider will have no other warranty obligation whatsoever with respect to the App or the Service.
20.2. The App Store Provider will not be responsible for addressing any claims by you or any third party relating to the App or the Service or your possession and/or use of the App or the Service, including, but not limited to (a) product liability claims; (b) any claim that the App or the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
20.3. The App Store Provider will not be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or the Service and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the App or the Service. You acknowledge and agree that the App Store Provider and its subsidiaries are third-party beneficiaries of this ToU, and upon your acceptance of this ToU, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this ToU against you as a third-party beneficiary of this ToU.
20.4. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
21. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
22.1. ToU Revisions. This ToU may only be revised in a writing signed by us, or published by us on the Site.
22.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this ToU or your use of the Service.
22.3. Assignment. We may assign our rights under this ToU to any person or entity without your consent. The rights granted to you under this ToU may not be assigned without our prior written consent, and any attempted unauthorized assignment by you shall be null and void.
22.4. Alpha and Beta Testing. The Service includes any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we may conduct (“Testing“). Except to the extent otherwise provided in another agreement between you and HouseCanary, your participation in any Testing and use of any content, information, or other materials in connection with such Testing shall be subject to this Agreement.
22.5. Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
22.6. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, except as otherwise provided in Section 19.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
22.7. No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by us of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
22.8. Notices. All notices given by you or required under this ToU shall be in writing and sent to HouseCanary, Inc., 19707 IH 10 West, Suite 309, San Antonio, Texas 78257.
22.9. Equal Housing Opportunity. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the United States. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, national origin, or other protected status.
22.10. Export Administration. You must comply with all export laws and regulations of the United States or any other country (“Export Controls”) and you shall not export, direct or transfer any portion of the Service, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
22.11. Equitable Remedies. You acknowledge and agree that we would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
22.12. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and us with respect to the Service and supersedes any and all prior agreements between you and us relating to the Service.
23.2. Information from MLS sources is deemed reliable but not guaranteed. Additional disclosures apply to residents of Colorado, Kansas, Missouri, New York, North Carolina, Rhode Island, South Carolina, and Texas.
23.3. HouseCanary receives the homes for sale from many listing sources. The following disclaimers apply to listings only from that particular data source.
MRED – Midwest Real Estate Data
Based on information submitted to the MRED as of September 10, 2019. All data is obtained from various sources and has not been, and will not be, verified by broker or MRED. MRED supplied Open House information is subject to change without notice. All information should be independently reviewed and verified for accuracy. Properties may or may not be listed by the office/agent presenting the information. Copyright 2019 Midwest Real Estate Data LLC. All rights reserved.
ARMLS – Arizona Regional Multiple Listing Service, Inc.
Indicates a property listed by a real estate brokerage other than the web site owner. Information Deemed Reliable But Not Guaranteed. All information should be verified by the recipient and none is guaranteed as accurate by ARMLS. Copyright 2019 Arizona Regional Multiple Listing Service, Inc. All rights reserved.