June 22, 2015
By using House Hacker, you agree to abide and be bound by these Terms of Use and/or any revised version. Any new service available on House Hacker or any modification of an existing service shall be governed by the Terms of Use, which may be modified or updated from time to time without notice to you. You are responsible for checking the most current version of the Terms of Use at http://househackerpro.com/eula.html and our privacy policy at http://househackerpro.com/privacy.html.
The Site is operated by House Hacker, Leander Texas.
House Hacker does not host Third-Party Content and keeps only technical and personal data in accordance with our Privacy Policy
House Hacker provides its users ("You"), for use, a set of online tools used in the preparation of property evaluation reports delivered as web pages or in email.
In consideration of your use of House Hacker, you represent that you are of legal age to form a binding contract, are not a minor under the age of 13, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the services offered by House Hacker. All personal information (which could include email address, House Hacker account password, and any optional information you chose to give to us) must always be promptly updated as soon as it stops being true, complete, accurate, or current. House Hacker is not responsible for any errors that occurs because of your failure to update this information.
You are responsible for maintaining the confidentiality of your House Hacker account password, and are responsible for all activities that occur under your account. You agree to immediately notify House Hacker of any unauthorized use of your password or account or any other breach of security. House Hacker cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. House Hacker reserves the right to refuse service to anyone at any time without notice for any reason.
Conduct of Users
As a condition for accessing and using the Site and the Service, you agree that you will not:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
In case of any violation of the above, House Hacker reserves the right to cancel and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion.
For information about our data protection practices, please see our Privacy Policy at http://househackerpro.com/privacy.html.
You understand that the technical processing and transmission of House Hacker services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We make every effort to protect your personal identifiable information. All secure orders and confidential information are processed through Secure Sockets Layer (SSL) technology via secure server.
You acknowledge and agree that House Hacker and any necessary software used in connection with House Hacker services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through House Hacker services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by House Hacker or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on House Hacker services, the Software, or the data collected on your behalf, in whole or in part.
House Hacker claims no ownership or control over any Data collected, posted or displayed by you on or through House Hacker. You retain all patent, trademark and copyright to all Data collected through House Hacker and you are responsible for protecting those rights, as appropriate. These rights are limited per Section 8 of the Terms and Conditions.
You agree to hold harmless and indemnify House Hacker, and its parent, affiliates, officers, agents, employees, advertisers or partners, from and against any claim by a third party arising from or in any way related to your use of House Hacker services, violation of these Terms of Service or any other actions connected with use of House Hacker services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, House Hacker will provide you with written notice of such claim, suit or action.
You expressly understand and agree that House Hacker, its parent, affiliates, officers, agents, employees, advertisers or partners, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if House Hacker has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use House Hacker services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from House Hacker services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on House Hacker services; or (v) any other matter relating to House Hacker services.
House Hacker'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO House Hacker FOR USE OF THE SERVICE.
Even if House Hacker, its parent, affiliates, officers, agents, employees, advertisers or partners have been advised of the possibility of such damages, certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
You expressly understand and agree that:
Your use of House Hacker services is at your sole risk. House Hacker services are provided on an "as is" and "as available" basis. House Hacker expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Although we use our best efforts and all available means to ensure the confidentiality of your personal data, we may not be held liable in the case of a breach of said confidentiality, regardless of its cause (including, but not limited to, technical difficulty, intrusion into our data processing system, or human mistake).
House Hacker makes no warranty that (i) House Hacker services will meet your requirements, (ii) House Hacker services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of House Hacker services will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through House Hacker services will meet your expectations, and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of House Hacker services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from House Hacker or through or from House Hacker services shall create any warranty not expressly stated in the terms of service.
While House Hacker prohibits the above conduct in connection with House Hacker, you understand and agree that House Hacker may or may not pre-screen its services but shall have the right (yet not the obligation) in its sole discretion to pre-screen, refuse or move any Data captured in House Hacker. You also understand and agree that you nonetheless may be exposed to such conduct and/or content and that you use House Hacker at your own risk.
House Hacker services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because House Hacker has no control over such sites and resources, you acknowledge and agree that House Hacker is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. These resources, content and services are provided to you "as is" to facilitate your web browsing. You further acknowledge and agree that House Hacker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
As such, you acknowledge that we may not be held liable with respect to third-party resources, such as PayPal or Amazon Web Services, and you agree to contact the appropriate third party with any claim or request you may have. We may not be held liable with respect to the content, advertisements, products, services or any other data or information available on or from those external sites or sources. Furthermore, you understand that we may not be held liable for any damages or loss arising from or connected with the use of or the reliance on the contents, goods, or services available on those external sites or sources.
It is our policy to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act or other applicable law.
You are free to incorporate House Hacker's trade names, trademarks, service marks, logos, domain names, and other distinctive brand identities in reviewing the House Hacker service provided that you reproduce them accurately and in good faith of portraying the service to meet with House Hacker's approval. House Hacker also requires that you attribute each instance properly, for instance, with a URL to the House Hacker website (http://househackerpro.com).
House Hacker grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software as delivered by the House Hacker website; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to House Hacker services. You agree not to access House Hacker by any means other than through the interface that is provided by House Hacker for use in accessing House Hacker services.
For Subscribers your service begins on the date you subscribe and lasts for the duration for which you paid. You must renew at the end of your term. There is no automated renewal. As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on House Hacker's website. Service is priced based on feature set.
With respect to such usage, you are responsible for monitoring the volume of your traffic monthly. If you are a monthly subscriber, and if your monthly volume exceeds the maximum allowed at your Service level more than once, your access to the Service may be terminated at the end of that month. You may contact us via email to request a change in the Service you are receiving and your account will be reinstated once you have paid applicable fees for the new Service. If you do not renew your Service at the appropriate level your Service will remain terminated.
We may change the fees for our Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by House Hacker prior to the effective date of such change.
Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable fees.
You agree not to reproduce, duplicate, copy, sell, trade, reverse engineer, or resell any portion of House Hacker services or data collected on your behalf, use of House Hacker services, or access to House Hacker services.
House Hacker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the House Hacker service (or any part thereof) with or without notice. You agree that House Hacker shall not be liable to you or to any third party for any modification, suspension or discontinuance of House Hacker services.
Payment, Refunds, Upgrading and Downgrading Terms
For House Hacker Free Subscribers, House Hacker may at any time and for any reason, including a period of account inactivity, terminate your access to House Hacker services, terminate this Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or if House Hacker has previously canceled or terminated your use of House Hacker services (in which case subsequent notice by House Hacker shall not be required), if you have provided an alternate email address, House Hacker will notify you via email of any such termination or cancellation, which shall be effective immediately upon House Hacker's delivery of such notice. Sections 13 through 17 of the Terms of Use (including the section regarding limitation of liability), shall survive expiration or termination.
House Hacker may choose to implement advertising on the House Hacker website and/or in the House Hacker service at a later date. House Hacker reserves the right to determine the manner, mode and extent of advertising on its services which will be subject to change. You agree that House Hacker shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of you clicking on such advertisement or as the result of the presence of such advertisers on House Hacker's services.
House Hacker may choose to enter into a relationship for the purpose of re-selling third-party services. House Hacker reserves the right to determine the manner, mode and extent of such services which will be subject to change. You agree that House Hacker shall not be responsible or liable for any loss or damage of any sort incurred by you electing to sign up for a third-party service offered through House Hacker.
House Hacker periodically schedules system downtime for maintenance and other purposes and will make all best efforts to notify you in advance. Unplanned system outages also may occur. House Hacker does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond House Hacker's control such as, but not limited to, strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where House Hacker or your servers are located or co-located.
You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to the Terms of Use.
Notices. House Hacker may send you notices via email, or display on the Site links to said notices. House Hacker may use this method, for instance, to inform you of future revisions to the Terms of Use.
Entire Agreement. The Terms of Service constitute the entire agreement between you and House Hacker and govern your use of House Hacker's services, superseding any prior agreements between you and House Hacker. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other House Hacker services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Use and the relationship between you and House Hacker shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and House Hacker agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Williamson, Texas.
Choice of Language. The terms of Use and any official communication between you and House Hacker shall be in English without regard to any content on the House Hacker website in other languages. Any English content on the website supersedes any similar content on the House Hacker website in other languages.
Waiver and Severability of Terms. The failure of House Hacker to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of House Hacker services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.