- User Content.
- User Content Generally.
The Service allows certain messaging and sharing of information by Users which may be seen by other Users. This content may include photos, video, images, folders, data, text, and other types of works (collectively, "User Content")..
- Limited License Grant.
By posting or publishing User Content, you grant SOA a perpetual, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by SOA may be without any compensation paid to you.
- Limited License Grant to Other Users.
- User Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- By creating an account with us, you guarantee you are 18 years of age or older and all personal information you provide is accurate.
- User Content Disclaimer
- User Content – Termination of Service.
Upon termination of Your account, SOA shall delete all User Content from SOA's servers (unless such deletion is prohibited by law).
- Digital Millennium Copyright Act.
- DMCA Notification.
SOA complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact SOA's Designated Agent at the following: firstname.lastname@example.org.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- distribute, modify, transmit, reuse, download, repost, copy, replicate or otherwise use any content, code, or programming that is found on this website or otherwise provided to You in relation to the Services provided by SOA, whether in whole or in part, for commercial purposes or for personal gain, without prior express written permission from SOA;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
- interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your name, age, date of birth or other personal information;
- attempt to do any of the prohibited acts described in this Section 3, or assist or permit any persons in engaging in any of the acts described in this Section 3.
- Third Party Services and Linked Websites.
SOA may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on SOA with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as "like" or "share" buttons). By using these tools, you agree that SOA may transfer such information to the applicable third party service. Such third party services are not under SOA's control, and SOA is not responsible for their use of your exported information. The Service may also contain links to third party websites. Such linked websites are not under SOA's control, and SOA is not responsible for their content.
- Termination of Use; Discontinuation and Modification of the Service.
If you provide feedback to SOA regarding the Service ("Feedback"), you acknowledge that the Feedback is not confidential and you authorize SOA to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to SOA a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose. SOA provides no assurances that any reported problems will be resolved by SOA even if SOA elects to provide a response or information with the goal of addressing a problem.
Cookie Notice, and, where applicable,
- California Consumer Privacy Act.
The Parties agree that your relationship under the CCPA is the following:
- You shall be considered a "business," which alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information.
- Visitors to and users of the Site and other SOA services may be "consumers" if they meet the definition set forth in the CCPA.
More specifically, SOA shall not retain, use, or disclose personal information obtained in the course of providing Services except:
(2) To retain and employ another service provider as a subcontractor, where the subcontractor meets the requirements for a service provider under the CCPA and all applicable regulations;
(3) For use by SOA to build or improve the quality of its Services, including its de-identification and aggregation of personal information to create Resultant Data, provided that these uses do not include building or modifying household or consumer profiles to use in providing services to another business, or correcting or augmenting data acquired from another source;
(4) To detect data security incidents, or protect against fraudulent or illegal activity; or
(5) For the purposes enumerated in Cal. Civil Code § 1798.145.
SOA shall not sell personal information of consumers on your behalf when the consumer has opted-out of the sale of their personal information with you. You shall be responsible for communicating any such consumer request to SOA.
If SOA receives a request to know or a request to delete from a consumer, SOA shall either act on your behalf in responding to the request or inform the consumer that the request cannot be acted upon because the request has been sent to a service provider.
SOA shall comply with the CCPA and all applicable regulations with regard to any personal information that it collects, maintains, or sells outside of its role as a service provider.
- Additional Terms.
- Ownership; Proprietary Rights.
- Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SOA ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SOA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
- Limitation of Liability.
IN NO EVENT WILL THE SOA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE SOA ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Governing Law.
- Relationship of the Parties.
- Dispute Resolution and Arbitration.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). SOA's address for Notice is: email@example.com. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within thirty (30) days after the Notice is received, you or SOA may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SOA must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, SOA will pay you: (a) the amount awarded by the arbitrator, if any; (b) the last written settlement amount offered by SOA in settlement of the dispute prior to the arbitrator's award; or (c) $1,000, whichever is greater.
Any arbitration hearings will take place at a location to be agreed upon in California provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits. In the event of a dispute, and unless otherwise prohibited by law or expressly noted herein, each party will bear their own attorney's fees and other costs.
No Class Actions.
YOU AND SOA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SOA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Consent to Electronic Communications.
- Contact Information.
The services hereunder are offered by SOA. You may contact us by emailing us at:
"Consumer" means an individual who owns or leases or is or may be in the market to purchase, sell, lease or obtain a loan for a residential property or rental investment property.
"homeIQ," "we," "our," or "us" refers to homeIQ, Inc.
"homeIQ Content" means (a) text, content, documents, audio, video, images, graphical representations, designs, illustrations, artwork, videos, music, and the organization, compilation and general look and feel associated with the homeIQ Site, (b) the Documentation, Software and any other products and services contained in or made available by homeIQ via the Service, and (c) any of homeIQ's Intellectual Property used in connection with the Service.
"homeIQ Site", "Site" and the "Service" means the websites owned and operated by SOA, including, without limitation, websites located at a unique URL where Users may access and use the Service and
"User" means an individual that pays to subscribe to the Service directly or visits the Site for legitimate and authorized purposes.
"Intellectual Property" means: (a) patents, inventions, and discoveries; (b) trademarks, service marks, domain names, social media user names, trade dress, and trade names, including the goodwill connected with the use thereof and symbolized thereby; (c) copyrights, moral rights, works of authorship (including software), proprietary designs and rights in data and databases; (d) confidential and proprietary information, including trade secrets and invention rights; (e) rights of privacy and publicity; (f) registrations and applications for any of the foregoing in (a) – (e); and (g) all other proprietary rights.
"Intellectual Property Rights" means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world: (a) rights associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights, and mask work rights; (b) trademark and trade name rights and similar rights; (c) trade secret rights; (d) patent and industrial property rights; (e) other proprietary rights in the Intellectual Property of every kind and nature; and (f) rights in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of, and applicable for, any of the rights referred to in a clauses (a) through (e) of this definition.
"Service" means those products and services comprising the software-as-a- service platform made available by homeIQ to Users for use via a web browser on a User's desktop or mobile device.
"Software" means the software application hosted by SOA that provides homeIQ Content and enables the Service, together with and including all updates, upgrades, enhancements and error corrections made generally available by SOA in its sole discretion.
"User Data" means any data, information or material pertaining to a User or any third party, disclosed, provided or submitted to homeIQ in connection with the Service.