Legal

Terms of use March 03, 2016 - Archived

Last Modified on March 08, 2016

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.

Welcome to the HouseCanary.com website (the “Site“). Your access and use of the Site provided by HouseCanary, Inc. (“HouseCanary,” “we,” “us,” or “our“) 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.

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.

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.

12. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.

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.

16. General.

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