Welcome to the HouseCanary Appraiser tablet/mobile software application (the “App”) and website (as located on https://appraiser.housecanary.com or any other website, the “Site”). Your access and use of the App, the Site and of the features, products and services provided by HouseCanary, Inc. (“HouseCanary,” “we,” “us,” or “our”) through the App and/or the Site, but excluding any software, products or services provided by HouseCanary under a separate written agreement (individually and collectively, the “Service”), is subject to the terms and conditions in this Terms of Use (this “ToU”).
You must agree to this ToU in order to use the Site. If you use the Site we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By using the Site, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not use the Site.
1. ToU Updates. HouseCanary may update this ToU at any time and HouseCanary 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 the Site after the updated ToU is posted on the Site. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Site.
2. Provision of the Site. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Site. You acknowledge and agree that HouseCanary may make changes to the Site at any time without notifying you in advance.
3. Termination of Site. HouseCanary reserves the right to deny service to any person or entity at HouseCanary’s sole and absolute discretion. You acknowledge and agree that HouseCanary may stop providing the Site or restrict your use of the Site at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU and/or if HouseCanary suspects that you have used any aspect of the Site to conduct any fraudulent or illegal activity.
4. HouseCanary Products; Accounts. If you determine to sign up for any products or services provided by HouseCanary, you will be required to give HouseCanary contact information such that HouseCanary will be able to contact you. Once you sign up for an account, you will be required to accept the terms of use applicable to the products and/or services for which you have signed up (e.g., HouseCanary PRO, HouseCanary Value Report or HouseCanary APPRAISER). Consequently, the applicable terms of use, and not this ToU, will apply to any such account and your use of such products and/or services.
5. Restrictions and Conditions of Use.
5.1. Use of the Site. HouseCanary permits you to view and use a single copy of the Site solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained from the Site.
5.2. Accessing the Site. You agree not to access, or attempt to access, the Site by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Site through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers) and you agree to comply with the instructions contained in any robots.txt file present on the Site.
5.3. No Violation of Laws. You agree that you will not, in connection with your use of the Site, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.4. Use Restrictions. You may not connect to or use the Site in any way that is not expressly permitted by this ToU.
a. You may not: (a) remove any proprietary notices from the Site; (b) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (c) sell, assign, rent, lease, act as a service bureau, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity without the prior written consent of HouseCanary; or (d) make any false, misleading or deceptive statement or representation regarding HouseCanary and/or the Site.
b. Without limiting 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 Site (or any servers, systems or networks connected to the Site) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Site or any other person’s or entity’s use of the Site (or any servers, systems or networks connected to the Site); (ii) attempt to gain unauthorized access to the Site, accounts registered to other users, or any servers, systems or networks connected to the Site; (iii) use the Site for any commercial purpose or the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Site, unless you are specifically authorized to do so in a separate written agreement with HouseCanary; (iv) use the Site to (A) develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; or (B) perform any unsolicited commercial communication not permitted by applicable law; or (v) 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.
5.5. No Data Mining or Harmful Code. You agree that you will not (a) obtain or attempt to obtain any information from the Site including, without limitation, information about other users of the Site or other software data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Site, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse routing, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site.
5.6. Violation of this ToU. You acknowledge and agree that you are solely responsible, and HouseCanary has 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. HouseCanary may at its option, terminate its relationship with you if it determines you are using the Site contrary to the restrictions found in this Section 5 or any other terms of this ToU.
6. Links. The Site may contain links to websites operated by other parties. HouseCanary provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of HouseCanary and HouseCanary is not responsible for the content available on the other websites. Such links do not imply HouseCanary’s endorsement of information or material on any other website and HouseCanary disclaims all liability with regard to your access to and use of such linked websites.
7. Intellectual Property.
7.1. Trademarks. The HouseCanary name and logo are trademarks and service marks of HouseCanary. Unless permitted in a separate written agreement with HouseCanary, you do not have the right to use any of HouseCanary’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
7.2. Ownership. You acknowledge and agree that HouseCanary, or its licensors, owns all right, title and interest in and to the Site, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Further, you acknowledge that the Site may contain information that HouseCanary has designated as confidential and you agree not to disclose such information without HouseCanary’s prior written consent.
8. Privacy Policy. By accepting this ToU or using the Site, you represent that you have read and consent to our Privacy Policy in addition to this ToU. HouseCanary may revise the Privacy Policy at any time and the new versions will be posted on the Site. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Site.
9. Location. The Site is operated by HouseCanary in the United States. If you choose to access the Site 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.
10. Children. The Site is not directed toward children under 13 years of age nor does HouseCanary knowingly collect information from children. If you are under 13, please do not submit any personal information about yourself to HouseCanary.
11. DISCLAIMER OF WARRANTIES.
11.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
11.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSECANARY EXPRESSLY DISCLAIMS 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.
11.3. HOUSECANARY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE.
11.4. HOUSECANARY DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE WILL BE CORRECTED; OR (e) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.5. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.
11.6. ADDITIONAL DISCLAIMERS. You acknowledge and agree that projected market and financial information, conclusions and other information contained in HouseCanary’s products and services (and/or HouseCanary’s databases and analytical processes) are based upon tested methodologies for accuracy. However, such information and conclusions are not definitive forecasts, appraisals or opinions of valuations. All such information and conclusions are stated in terms of probability of likelihood based on market factors and information submitted to HouseCanary, and such information and conclusions are not guaranteed by HouseCanary and should not be construed as investment advice or relied upon for critical decision making. HouseCanary uses or has used public and/or confidential data and assumptions provided to HouseCanary by third parties, and HouseCanary has 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.You acknowledge and agree that, except as provided in connection with any particular product or service within its associated terms of use, HouseCanary makes no representations or warranties, express or implied, regarding HouseCanary’s products and services, or the information contained therein, including the recommendations or the advice given therein, and HouseCanary has no liability to you, or to any third parties, relating to the use or implementation of the information contained in HouseCanary’s products and services, or any action, inaction or decisions (including any lending, investment, purchase or disposition decision) that may be made based on the information provided therein. You agree that any decision (including any lending, investment, purchase or disposition decision) regarding or relating to or based on the use or implementation of any output, data, analysis, recommendation or advice contained in HouseCanary’s products and services is made solely by you, and your agents and employees, at your or their sole and exclusive discretion. You further agree that you, and your agents and employees shall not hold HouseCanary or any of the Related Parties liable for the use or implementation, by you or any other party, of the information contained in HouseCanary’s products and services, or for any action, inaction or decisions (including any lending, investment, purchase or disposition decision) made, by you or any other party, based on the information provided in HouseCanary’s products and services.HouseCanary’s products and services are provided solely for general business information, do not constitute real estate, legal, tax, accounting or other professional advice, or an offer to sell or lease real estate, and may not be used for or relied upon for these purposes. No lawyer-client, advisory, fiduciary or other relationship is created by your acceptance or use of HouseCanary’s products and services. You shall not use HouseCanary’s 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.You acknowledge and agree that HouseCanary’s 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 HouseCanary’s products and services.Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSECANARY, AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (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 DIRECT, 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 SITE, EVEN IF HOUSECANARY AND/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; ORc. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE.
12.2. 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.
13. Indemnification. You agree to indemnify, defend and hold HouseCanary and the Related Parties harmless from any and all claims, demands, damages or other losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (i) your use of the Site or (ii) your breach of this ToU or any other policies that HouseCanary may issue for the Site from time to time.
14. Governing Law; Jurisdiction. This ToU is governed by the laws of the State of Texas, without regard to conflict of laws principles. You and HouseCanary agree that, except as otherwise provided in Section 15 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 Site 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.
15. Binding Arbitration.
15.1. Arbitration Procedures. You and HouseCanary agree that, except as provided in Section 15.4 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 15 and the JAMS Rules, the terms in this Section 15 will control and prevail.Except as otherwise set forth in Section 15.4, 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.
15.2. Location. The arbitration will take place in San Antonio, Texas, unless the parties agree to video, phone and/or internet connection appearances.
15.3. 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.
15.4. 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 your or HouseCanary’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use of HouseCanary’s intellectual property; 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.
15.5. 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.
15.6. Severability. You and HouseCanary agree that if any portion of this Section 15 is found illegal or unenforceable (except any portion of Section 15.4), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15.4 is found to be illegal or unenforceable then neither you nor HouseCanary will elect to arbitrate any Claim falling within that portion of Section 15.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within San Antonio, Texas, and you and HouseCanary agree to submit to the personal jurisdiction of that court.
16. General.
16.1. ToU Revisions. This ToU may only be revised in a writing signed by HouseCanary, or published by HouseCanary on the Site.
16.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HouseCanary as a result of this ToU or your use of the Site.
16.3. Assignment. HouseCanary may assign its 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 HouseCanary’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
16.4. 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.
16.5. Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, 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.
16.6. 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 HouseCanary’s right to enforce the same provision at a later time. An express waiver by HouseCanary 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.
16.7. Notices. All notices given by you or required under this ToU shall be in writing and addressed to: HouseCanary, Inc., 17806 IH 10, Suite 300, San Antonio, Texas 78257.
16.8. 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 Site, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
16.9. Equitable Remedies. You acknowledge and agree that HouseCanary 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.
16.10. Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and HouseCanary with respect to the Site and supersedes any and all prior agreements between you and HouseCanary relating to the Site.
If you have any questions about any of our privacy practices, please reach out to us at privacy@housecanary.com.
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