TERMS OF USE

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Effective Date: January 1, 2020

Home Junction Inc. (“Home Junction”) is pleased to give you access to our online and mobile websites (the “Site” or “Sites”), applications (the “Apps”), widgets (the “Widgets”), API(s) access (the “API”), embedded functionality (the “Embedded Functionality”), website and application plugins (“the Plugins”), geospatial and non-geospatial data (the “Data”) and related Internet services for use by Home Junction and customers of Home Junction, (collectively, the “Services”). Any person accessing the Services is referred to as “you”. By accessing or using any part of the Services, you and the entity owning the URL via which you accessed the Services agree to accept and comply with the terms, conditions, and notices stated herein (“Terms of Use”). The terms “You”, “you”, “User” and “user” refer to anyone who accesses the Services.

Terms of Use and any policy or guideline regarding the Services may be modified by Home Junction from time to time, in its sole discretion, without notice to you. Any changes or modification will be effective immediately upon posting of the revisions to the Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms of Use periodically and check the updated revision date for changes. If you do not accept the conditions set forth in the Terms of Use, do not access or use any part of the Services for any purpose.

If you have questions about the Terms of Use, please email us at TermsOfUse@homejunction.com.

1. Acceptance of Terms

HOME JUNCTION DOES NOT, AND THE SERVICES ARE NOT INTENDED TO, PROVIDE FINANCIAL OR REAL ESTATE ADVICE. HOME JUNCTION IS NOT A LENDER OR REAL ESTATE BROKER REPRESENTING YOU OR ANOTHER USER. Home Junction assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the Services or any other information available through or in connection with the Services. The Services may contain links to other websites. Your use of such other websites is subject to the Terms of Use, if any, contained within each such website. Additional terms may govern use of some third party host websites. In the event that any provision, term or guideline contained on a particular website upon which Services can be accessed or used, conflicts with this Terms of Use, the terms of such third party website shall control over this Terms of Use, except with respect to the Terms set forth below, which shall at all times control.

2. Privacy

Any information that we may collect from you during your use of the Services is subject to our Privacy Policy. These Terms of Use incorporate the terms of the Home Junction Privacy Policy.

3. Account Creation and Information

To use some of the features on the Services, you may be required to create an account and/or utilize a Home Junction issued license key. During the creation of your account, you agree to give us true, accurate and complete information for any required fields and to promptly update this information when it changes. You are solely responsible for activity that occurs on your account. You are completely responsible for maintaining the confidentiality of your username, password, any license key information, and for all activities undertaken with your account, password, and license key. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account, password, or license key, you agree to immediately notify Home Junction and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of the Services. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

4. Advertising

Home Junction’s business may be at least partially funded by advertising and service providers. Your business dealings with any advertiser or service provider are solely between you and such third party. Home Junction is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser or service provider. If you have a dispute with one or more advertisers or other third parties, you release Home Junction from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

5. General Use of the Services

Home Junction offers you access to the Services solely for personal and non-commercial use. Except with the express written permission of Home Junction, you agree that you will not access or attempt to access password-protected, secure or non-public areas of the Services. You agree to access the Services only for legal purposes that are permitted under these Terms of Use. Among other things, you agree not to:

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  1. Copy, aggregate, distribute, transfer, reproduce, modify, create derivative works from, or store or sell any Content or information, in whole or in part, from the Services or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content for any commercial purpose without the express prior written consent of Home Junction.
  2. Obtain or attempt to obtain any materials or information through any means not made readily accessible by Home Junction through the Services.
  3. Remove or modify any copyright or other intellectual property notices that appear on the Services.
  4. Use the Services in any way that harms Home Junction, its service providers, suppliers or any other user including the entity owning the URL via which you accessed Services.
  5. Frame or utilize framing techniques to enclose any portion or imagery, text, design, or layout of the Services.
  6. Upload any Content that would be considered spam, unsolicited advertising or low quality data for the purpose of harming the Services.
  7. You further agree to the following:
    1. Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of website, related data, and/or related services on third-party websites. Nonetheless, publicly available search engines and similar Internet navigation tools (“Search Engines”) may query the Services and provide an index with links to the Services, only to the extent such unlicensed “fair use” is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system (“captcha”) which limits access to human users. Home Junction reserves the right to restrict automated queries further.
    2. BINGTM Maps. BING Maps imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft BING Maps Terms of Use.
    3. GoogleTM Maps. Google Maps imagery is supplied by Google, and use is subject to both the Google Terms of Use and the Google Maps/Earth Terms of Use.
    4. Yahoo!TM Maps. Yahoo! Maps imagery is supplied by Yahoo!, Inc., and use is subject to the Yahoo! Maps Terms of Use.
    5. MapQuestTM Maps. MapQuest Maps imagery is supplied by MapQuest and use is subject to the MapQuest Maps Terms of Use.
    6. OpenStreetMapsTM. OpenStreetMaps imagery is supplied by OpenStreetMaps and use is subject to the OpenStreetMap Terms of Use.
    7. MapBox MapsTM. MapBox Maps imagery is supplied by MapBox and use is subject to the MapBox Terms of Use.

6. Content You Provide

Raw data, certain shapes, facts, and general ideas are not protected by copyright law. Data of any kind, whether text, shapes, software, code, music or sound, photographs or graphics, video or other materials made available publicly or privately is collectively referred to as “Content”. To the extent that you post, upload, input, submit or otherwise transmit (collectively “Transmit” or “Transmitting” as appropriate) Content on or through the Services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the Services. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to Home Junction as provided below.

You promise that you will not use the Services to Transmit any Content (i) not related to appropriate subject matters, (ii) which is misleading to others, including consumers, (iii) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iv) that you do not have a right to post and Transmit under any law or under contractual relationships, (v) such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vi) and materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Moreover, you promise that you will not intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By transmitting, posting, displaying, or publishing Content on, to, or through the Services, you hereby grant, and you represent and warrant that you have the right to grant, to Home Junction the non- exclusive right to use all Content entered by You in any of their print or electronic publications, including but not limited to the right and license to host, serve, reproduce, build upon, use, modify, publicly perform, publicly display, reproduce and distribute such Content, and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing, on and through the Services and to charge for access to and/or use of such Content. Your license to Home Junction is royalty-free, fully paid, fully sublicensable, irrevocable, worldwide and perpetual. Furthermore, by posting Content to any area of the Services, you grant Home Junction all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose. To the extent you lawfully contribute original copyrightable content (as distinguished from raw data, facts, and ideas) to Home Junction, you grant Home Junction a perpetual, worldwide, irrevocable, royalty-free license to host, serve, reproduce, distribute, and develop derivative works of such Content. Also, in some cases, the use of certain Content may be subject to a third-party agreement (e.g. a Creative Commons license); it is your responsibility to honor such agreements including, where applicable, to make others aware of any agreements conditioning your or their use, distribution, or manipulation of such content.

You understand and agree that any Content that you post or submit to Home Junction (i) may be redistributed through the Internet and other media channels, and (ii) may be viewed by the general public. You understand that we are not responsible for the truth, completeness, objectivity, or usefulness of any Content, nor do we endorse Content. We do not always know the identity of people using our Services, and you assume the risk of believing any Content that you read. We do not have any obligation to screen, monitor, edit or review Content. We do have the right, in our sole discretion, to monitor or remove any Content at any time and without notice if we believe it will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms of Use. Nevertheless, because we do not have any obligation to prescreen Content, you understand that by using our Services, you may unintentionally be exposed to Content that is offensive or objectionable. Home Junction is not liable for any statements, representations, or Content provided by its users in connection with the Services. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms of Use.

Under no circumstances will Home Junction be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Sites or the Services. You use the Sites and the Services at your own risk.

Home Junction is committed to maintaining the privacy and security of any and all information that you provide to Home Junction through the Services in accordance with its Privacy Policy.

7. API, Widget, and Plug-in Usage

The Home Junction APIs, widgets, and plug-ins (collectively, “API” or “APIs”) enable you to programmatically access portions of the Services enabling the development of applications. Any use of the API constitutes use of the Services and is governed by these Home Junction Terms of Use. You agree to make users of any third-party applications aware of these terms via a commercially reasonable manner, and you acknowledge that third-party uses of any applications you create from the Home Junction API shall be bound by these Terms of Use. You agree not to impose any terms or conditions that conflict with these Terms of Use on such third-party uses. For the avoidance of doubt, materials lawfully uploaded to and made available on Home Junction via Home Junction API-based applications and related Services that you develop shall be governed by these Terms of Use, and you agree not to encumber or restrict such contributions to Home Junction in any way that contradicts these terms.

Additional terms for API usage: Home Junction may at its sole discretion restrict and limit access to API calls. You agree to abide by these limitations (such as daily usage or quantity per time-period quotas). You agree not to use methods (such as using multiple IP addresses) to get around these limitations. You also agree to make reasonably good faith efforts to ensure that others’ uses of any tools or software you create that use the Home Junction Services do not result in any of the prohibited uses under these Terms of Use. Home Junction, in its sole discretion, may at any time change the specifications of or restrict or limit access to the Services. Home Junction reserves the right, in its sole discretion, to charge fees for use of or access to specific levels of service around the Home Junction API(s) or any portion of the Services provided by it. If Home Junction decides to charge fees for Services, such fees and additional terms and conditions will be disclosed to you prior to the effective date when such fees or requirements would be imposed. If you do not agree to such charges at the time of the fee disclosure, simply discontinue your use of the Home Junction Services. You may not sell, resell, redistribute, sublicense, build upon, create derivative works from, or transfer all or any portion of the Services or data provided to you through Home Junction Services.

API Termination: Your license to Home Junction Services under these Terms of Use continues until terminated by you or Home Junction. You may terminate the license by discontinuing use of the APIs. We may terminate the license to the APIs or Services without liability at any time for any or no reason, with or without notice. Additionally, your rights to use the APIs or Services will terminate immediately if you violate any of the terms and conditions herein. Upon expiration or termination of the license granted herein, you will discontinue any and all use of the Home Junction APIs and Services. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials made available publicly or privately, will be under the sole responsibility of the person providing the said Content, or of the person whose user account is used.

8. No License Granted

The Services and all of its Content including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the Services is owned by Home Junction and/or third parties with all rights reserved unless otherwise noted. Home Junction grants you a limited license to access and use the Services and Content solely for informational, personal and non-commercial purposes. Except with the express written consent of Home Junction, you are strictly prohibited from downloading (other than page caching) modifying or making any other use of the Services or Content.

In the case of First MLS (“FMLS”) in Georgia, you explicitly acknowledge FMLS’s ownership of, and the validity of FMLS’s copyright in, the FMLS Content.

Except for allowing you to use the Services for your personal use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Home Junction. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER HOME JUNCTION PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

9. Children Under the Age of 13

The safety of children is very important to us. Home Junction abides by federal law and the guidelines set up by the Federal Trade Commission regarding youth privacy (Children’s Online Privacy Protection Act). As such, we will not knowingly collect any personal information from persons under the age of 13 and our Services are not designed to attract their attention.

10. Linked Materials

Where Services include links to third-party products, services and websites, Home Junction does not endorse, and takes no responsibility for such products, services, and websites.

11. Relationship of Parties

You agree that you are entering into a brokerage relationship with the website Broker of record as a bona fide customer/client. You furthermore agree that (i) no joint venture, partnership, employment, franchiser-franchisee, or agency relationship exists between you and Home Junction as a result of the Terms of Use or accessing or using the Services, and (ii) these Terms of Use are solely between you and Home Junction and are not intended to be for the benefit of any third party. If there is a dispute between participants on the Services, or between users and any third party, you understand and agree that Home Junction is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release Home Junction, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

12. Real Estate Licenses

Home Junction Inc. is not a licensed real estate broker and does not broker real estate transactions or act as a real estate agent for you.

13. Interpretation of the Terms of Use

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and Home Junction), the Terms of Use constitutes the entire agreement between you and Home Junction with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Home Junction with respect to the Services. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

14. NO WARRANTY

HOME JUNCTION PROVIDES THE SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, ADEQUATENESS, CORRECTNESS, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME JUNCTION AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED ON ANY HOME JUNCTION SERVICES. HOME JUNCTION AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

15. LIABILITY LIMITATION; EXCLUSIVE REMEDY

IN NO EVENT WILL HOME JUNCTION, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS, OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOME JUNCTION OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

16. Indemnity

You understand that you are personally responsible for your behavior while on the Services and for all Content provided via your account, and you agree to indemnify, defend and hold harmless Home Junction, shareholders, subsidiaries, affiliates, officers, directors, employees, data providers, suppliers, agents, the entity owning the URL via on which you accessed Services, and advisors from and against any and all claims including those by third parties, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Services, including APIs, provided hereunder by Home Junction, any data you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Use or the rights of any third party.

17. Choice of Law; Disputes

These Terms of Use are governed by the laws of the State of California, without giving effect to its conflict of law provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Diego, California for any and all disputes, claims and actions arising from or in connection with the Services or these Terms of Use. Home Junction’s failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision. If any provision of these Terms of Use 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 these Terms of Use remain in full force and effect. 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 the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses.

18. Copyright

You acknowledge that all materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Home Junction, its affiliates or its third-party vendors and you will take no actions that infringe on those copyrights. Copyright © Home Junction, Inc. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020 all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Home Junction and/or its affiliates or its third-party vendors. Any rights not expressly granted herein are reserved.

Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement should be signed by you and sent to Home Junction’s designated agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Services so that the designated agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the designated agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

19. Data Seeding

You acknowledge that we and/or our data suppliers may have seeded data and/or data layers with minor and harmless inaccuracies as a way to protect Home Junction and our supplier’s intellectual property rights.

20. Anti-Hacking Provision

You expressly agree not to use the Services in any manner or for any purpose that is prohibited by these Terms of Use. In addition, you expressly agree not to:

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  1. use the Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Services or any data or Content found on or accessed through the Services without prior express written consent;
  3. obtain or attempt to obtain through any means any materials or information on the Services that have not been intentionally made publicly available either by their public display on the Services or through their accessibility by a visible link on the Services;
  4. in any way bypass or circumvent any other measure employed to limit or prevent access to the Services or its Content;
  5. violate the security of the Services or attempt to gain unauthorized access to the Services Content, data, materials, information, computer systems, or networks connected to any server associated with this Services, through hacking, password mining, or any other means;
  6. interfere or attempt to interfere with the proper working of the Services or any activities conducted on or through the Services, including accessing any data, Content, or other information prior to the time that it is intended to be available to the public on the Services;
  7. take or attempt any action that, in the sole discretion of a Service operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or such operation’s infrastructure.

Notices
4141 Jutland Drive, Suite #345, San Diego, CA 92117.

of copyright infringement claims should be sent to Home Junction, Inc., c/o copyright agent,

(Last updated January 1, 2020)