HomeSmartReports - Terms of Use

1. Definitions

1.1 The Companies: “THE COMPANIES” as used herein shall mean HSREPORTS and all the HSREPORTS Suppliers and Licensors.

1.2. The Values: “THE VALUES” used herein shall mean, collectively, all value estimates of residential properties generated by each AVM model available through the HSREPORTS Web site.

1.3. The Data: “THE DATA” used herein shall mean, collectively, real property ownership information, comparable sales and census information compiled by HSREPORTS and HSREPORTS Suppliers and Licensors

1.4. Proprietary Products: “PROPRIETARY PRODUCTS” shall mean, collectively, all contents, systems, fill-out forms, or menus contained in the HSREPORTS websites, including the layout of the HSREPORTS websites.

1.5. The term THE VALUES and THE DATA, as used herein shall mean, collectively, all “VALUES”, “DATA,” and “PROPRIETARY PRODUCTS” which are estimated market values, related information of residential properties generated by using proprietary property valuation models and information services, and the systems used to generate THE VALUES and/or THE DATA, the which are trademarked systems owned by THE COMPANIES or HSREPORTS.

2. Ownership; Licenses

2.1. Grant of Rights to CLIENT: In consideration of the CLIENT’s payment of fees and subject to the terms and conditions of this Agreement, CLIENT is granted a non-exclusive, non-transferable license to access THE VALUES and THE DATA through the HSREPORTS Web site.

2.2. CLIENT acknowledges that THE VALUES, THE DATA, and PROPRIETARY PRODUCTS are proprietary and/or confidential material of THE COMPANIES and/or HSREPORTS. Further, THE COMPANIES and/or HSREPORTS retain sole and exclusive ownership of all rights, title, and interest in and to THE VALUES, DATA, and PROPRIETARY PRODUCTS and all modifications and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), subject only to the rights and privileges expressly granted to you herein by HSREPORTS. THE VALUES, DATA, and PROPRIETARY PRODUCTS are protected by the United States copyright laws and international treaty provisions. CLIENT may not reverse assemble, reverse compile, reverse engineer, decompile, disassemble, or otherwise translate or reproduce THE VALUES, DATA, and PROPRIETARY PRODUCTS. CLIENT may not create derivative works from THE VALUES, DATA, and PROPRIETARY PRODUCTS. CLIENT may not remove any notice of copyright, trade secret, or other proprietary protection from THE VALUES, DATA, and PROPRIETARY PRODUCTS. CLIENT acknowledges that in the event of your breach of any of the foregoing provisions, HSREPORTS will not have adequate remedy in money or damages. HSREPORTS therefore shall be entitled to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request. HSREPORTS’s right to obtain injunctive relief shall not limit its right to seek further remedies. Notwithstanding the foregoing, CLIENT may disclose THE VALUES or THE DATA which relates to a particular property.

2.3. CLIENT shall not use THE VALUES or THE DATA for reproduction, sale, publication, or any other use in relation to any product or service to be provided to any third party, or any commercial exploitation.

2.4. CLIENT shall acquire no proprietary rights in or to THE VALUES or THE DATA, which rights remain with HSREPORTS and THE COMPANIES.

2.5. CLIENT will not use or cause THE DATA or THE VALUES to be used for its internal business purpose of telemarketing and/or marketing.

2.6. CLIENT agrees not to reproduce or publish any portion of the reports in any manner other than as stated in this Agreement or use the reports for illegal purposes whatsoever.

3. Disclaimer of Warranties

3.1. The information supplied in all reports is sourced from public record documents. “THE VALUES” AND “THE DATA” ARE PROVIDED TO CLIENT “AS IS” AND “AS AVAILABLE,” AND ALL USES OF “THE VALUES,” AND/OR “THE DATA” ARE AT CLIENT’S SOLE RISK. ALL WARRANTIES CONCERNING “THE VALUES” AND THE UNDERLYING DATA AND PROCESSES, BOTH EXPRESS AND IMPLIED, ARE HEREBY EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, ACCURACY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL “THE COMPANIES” OR “HSREPORTS” BE LIABLE TO “CLIENT” OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER ARISING OUT OF OR RELATING IN ANY MANNER TO THIS AGREEMENT, “THE VALUES” OR “THE DATA”, WHETHER UNDER CONTRACT, TORT OR OTHER THEORY OF LIABILITY, EVEN IF “THE COMPANIES” OR “HSREPORTS” IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THE COMPANIES OR HSREPORTS HAVE ANY LIABILITY WHATSOEVER RELATED TO THIS AGREEMENT, IN NO EVENT WILL SUCH LIABILITY EXCEED THE COST OF THE REPORT REQUESTED WHICH GAVE RISE TO THE CLAIM IN QUESTION.

3.2. NEITHER THE VALUES NOR THE DATA CONSTITUTE AN APPRAISAL OF THE SUBJECT PROPERTY. THE CONDITION OF THE SUBJECT PROPERTY AND CURRENT MARKET CONDITIONS CAN GREATLY AFFECT THE VALIDITY OF THE REPORTS. THE REPORTS DO NOT INCLUDE A PHYSICAL INSPECTION OF THE SUBJECT PROPERTY NOR SURROUNDING PROPERTIES OR AN ANALYSIS OF CURRENT MARKET CONDITIONS BY A LICENSED OR CERTIFIED APPRAISER.

3.3. HSREPORTS and CLIENT agree that their actions in connection with this agreement and use of information gathered or disseminated, complies with and will comply with all applicable state and federal laws and regulations applicable to the use of such information including, without limitation, rights of privacy afforded to all persons by state and United States Constitutions and, to the extent applicable, the restrictions imposed on the use of financial information by the Gramm-Leach-Bliley Act, the Federal Right to Financial Privacy Act, and all applicable state laws governing private investigators, consumer reporting agencies and investigative consumer reporting agencies.

4. Indemnity

4.1. CLIENT assumes sole responsibility for all use of THE VALUES or THE DATA including the liability and responsibility for any and all claims, demands, losses, damages, liabilities, costs, charges and expenses, including reasonable attorney’s fees, arising out of CLIENT’s use of THE DATA or THE VALUES and indemnifies HSREPORTS and THE COMPANIES with respect thereto. Any use of the THE DATA or THE VALUES by CLIENT pursuant to the Service Agreement SHALL BE AT ITS OWN RISK and HSREPORTS and THE COMPANIES shall not be responsible for any errors or omissions.

5. Limitation of Liability

CLIENT agrees that HSREPORTS and THE COMPANIES shall not be responsible for any damages including, but not limited to, those incurred as a result of loss of use of the HSREPORTS Reports, loss of the HSREPORTS Reports or the cost of recovering HSREPORTS Reports, the cost of any substitute data, or claims by third parties, or for other similar costs. Additionally, HSREPORTS and THE COMPANIES will not be liable for consequential, special, or punitive damages of any kind, including lost profits or lost savings, even if CLIENT has made HSREPORTS aware of the possibility of such damages. In no event shall HSREPORTS or THE COMPANIES be liable for any damages resulting from CLIENT’s inability or failure to access any Web Site.

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