Terms of Use

TERMS OF USE

Thank you for using the Hidden Rocks, LLC website (accessible at:"www.homefacts.com" hereinafter, the "Website"). This page states the terms and conditions ("Terms of Use") under which you may use the Web site and any materials, online communications and other information that is or becomes available on the Website. By accessing the Web site you accept and agree to be bound, without limitation or qualification by these terms and conditions. If you do not accept any of the terms or conditions stated here, do not use the Website.

Agreement Between You And Hidden Rocks, LLC

The Website is owned and operated by Hidden Rocks, LLC (hereinafter "HOMEFACTS") and is offered to you conditioned on your acceptance without modification of the terms, conditions, disclaimers and notices contained herein. Use of the content, services, and/or products presented in any or all areas of this site constitutes your agreement that you will not use the Website for any unlawful purpose and that you will abide by the following Terms of Use and those posted in specific areas of the site. This agreement between you and HOMEFACTS (hereinafter "Agreement") is effective until terminated by HOMEFACTS, and may be terminated by HOMEFACTS at any time. Please note that HOMEFACTS reserves the right to change the Terms of Use under which this Website and its offerings are extended to you. Any such change shall be effective upon notice, which may be given by HOMEFACTS posting such change on the Website, by e-mail, or any other reasonable way. All modifications to this Terms of Use webpage shall be deemed a posting for purposes of notice. If a change is notified by a posting on the Website, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of HOMEFACTS. Your continued use of the Website following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Website, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.

Restrictions

HOMEFACTS expends significant time and expense gathering, preparing, compiling, and developing the data and other information and content provided on the HOMEFACTS Website. Consequently, data scraping, website scraping, screen scraping, and all other forms of automated and/or manual data and content mining are expressly prohibited and you agree not use any of the data, information, or content on the Website except as expressly permitted by these Terms of Use. You further warrant that you will not attempt or actually systematically extract data contained in this Website to populate databases for internal or external use.

License

These Terms of Use provide you with a personal, revocable, nonexclusive, nontransferable license to use this Website conditioned on your continued compliance with these Terms of Use. You may print and download materials and information on this Website solely for personal and noncommercial use; provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Website. You further warrant to HOMEFACTS that you will not use this Website for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms of Use, including, without limitation, defamation, disparagement, harassment, invasion of privacy, obscenity, or copyright or trademark infringement. COMMERCIAL USE: commercial use of this Website is only available to paid subscribers of HOMEFACTS services under a separate Terms of Use license.

Content

This Website contains data, information, and other materials and content ("Content") created and/or compiled by HOMEFACTS or by third parties. Some of the data and information is obtained from public and other third party sources. While we believe that these sources are generally reliable, we have no duty to pre-screen such Content and are not responsible for any failure or delay in removing such Content. HOMEFACTS makes no representation or warranty as to the reliability, accuracy, completeness or authenticity of any information contained in the Website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, (including risks relating to the infringement or potential infringement of third party intellectual property rights), that you may not rely on said Content, and that under no circumstances will HOMEFACTS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content on the Website or obtained through the Website. You agree that you will use this information in accordance with the Fair Housing Act (http://www.justice.gov/crt/housing/title8.php) Third Party Advertising and Business Dealings

HOMEFACTS may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings with or participation in the promotions of such third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. HOMEFACTS 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. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on the Site. If you have a dispute with one or more advertisers or other third parties, you release HOMEFACTS 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.

OFFENDER REGISTRY.

No representation is made that the person listed here is currently on the state's offenders registry. All names presented here were gathered at a past date. Some persons listed might no longer be registered offenders and others might have been added. Some addresses or other data might no longer be current. Owners of Homefacts.com assume no responsibility (and expressly disclaim responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any data presented on this site. The information on this web site is made available solely to protect the public. Anyone who uses this information to commit a crime or to harass an offender or his or her family is subject to criminal prosecution and civil liability.

Cookies

This Website may use "cookies," Flash objects or similar electronic tools to collect information, such as the IP address of your computer, to enhance and customize your experience with this Website. A cookie is a small text file that is placed on your computer and which collects information about your use of this Website, such as the Web pages visited, the date and the time of a visit, the Web sites you visited immediately before, etc. By using this Website you agree to placement of cookies on your computer. Of course, you may choose not to accept any cookies from any party by changing the settings on your browser. However, if you set your browser to refuse cookies, some portions of our Website may not function properly.

Copyright & Ownership

This Website contains Content that is protected by copyright, trademark or other proprietary rights of HOMEFACTS or third parties. Content provided by HOMEFACTS is copyrighted as a collective work pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Website. Except as expressly permitted by the copyright laws and these Terms of Use, no copying, storage, redistribution or publication of any Content is permitted without the express permission of HOMEFACTS, or the owners of such Content or their authorized persons. You shall not acquire proprietary rights in or to the Real Property Ownership Information or in any data contained therein, which rights remain in that the Real Property Ownership Information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money.

Indemnity

You agree to indemnify and hold HOMEFACTS, its subsidiaries, affiliates, successors, assigns, owners, directors, officers, employees, agents, service providers, and suppliers harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Website, your violation of the Terms of Use, your breach of any of the representations and warranties herein, or your violation of any third party rights.

DISCLAIMER OF WARRANTY

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. ALL MATERIALS AND CONTENT IN THIS WEBSITE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEB SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES. HOMEFACTS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR REGARDING THE SUITABILITY OF THE INFORMATION OR CONTENT. FURTHERMORE, HOMEFACTS MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS WEBSITE AND/OR THE CONTENT CONTAINED HEREIN. HOMEFACTS DOES NOT WARRANT THAT THE WEBSITE AND ITS CONTENT, INCLUDING THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. These disclaimers of implied warranties are not permitted in some jurisdictions and consequently the foregoing disclaimers may not apply to you in such jurisdictions.

LIMITATION ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOMEFACTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOMEFACTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. These liability limitations are not permitted in some jurisdictions and consequently the foregoing limitations may not apply to you in such jurisdictions

Terms involving the use of HomeFactsPRO

HomefactsPRO Terms of Use will include all terms above. The HomefactsPRO Service is described at http://www.homefacts.com/hf_pro/. You agree that HOMEFACTS may change the HomefactsPRO Terms at any time by posting the revised HomefactsPRO Terms on the Site Homefacts may, but is not obligated to, provide you with other forms of notice of such changes. However, you waive any right to specific notice of such changes, and your continued use of the HomefactsPRO Service following the posting of the changes or other notification constitute your acceptance of such changes or modifications. You should frequently review the HomefactsPRO Terms and applicable policies to understand the terms and conditions that apply to your use of the Site and the HomefactsPRO Service. If you do not agree to the amended terms, you must cancel your Subscription and stop using the HomefactsPRO Service. Additional operating guidelines ("Guidelines") such as the Community Guidelines (located at http://www.homefacts.com/guidelines/), are posted from time to time on the Site and also apply to use of the Site and the HomefactsPRO Service, and you agree to use the Site and the HomefactsPRO Service in accordance with the Guidelines. Homefacts Reports are intended for the sole use and benefit of a HomefactsPRO and the information contained herein is shared at their own risk. This Report is not a replacement for a home inspection and the information provided in this Report is not to be construed as legal advice. Any analyses, estimates, ratings or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property.

HomefactsPRO hereby fully indemnifies HOMEFACTS from any claims, including all third party claims, lawsuits and losses (including claims sounding in contract or tort, including negligence), and any claim brought by or against HomefactsPRO or HOMEFACTS, alleging loss or harm to be caused by information contained in this Report. Additionally, this Report contains certain information described herein pertaining solely to the exterior of the property,which information was obtained from a variety of public and other sources reasonably available to HOMEFACTS. HOMEFACTS does not produce, maintain or verify the information contained in these sources; and assumes, without independent investigation, that the information in such sources is accurate and complete. HOMEFACTS uses third party mapping services to determine proximities of data items to the property. HOMEFACTS recommends that you contact these and other relevant sources to verify information and make your own assessment. Databoxes& widgets can be used to add Homefacts data to HomefactsPRO approved websites. The use of the data contained within these Databoxes and widgets is subject to this Terms of Use. Subscription Data.

(a) You will provide accurate, current and complete information as may be prompted by any subscription forms when you subscribe to the HomefactsPRO Service and accept all risks of unauthorized access to the Subscription Data and other information you provide to HOMEFACTS. (b) If you have not already created an account with HOMEFACTS, when you subscribe to the HomefactsPRO Service you will be asked to create an account and choose a password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to maintain the security of your password. You agree not to use the account, username, or password of another HOMEFACTS user at any time, and agree to notify HOMEFACTS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. (c) To ensure HOMEFACTS can provide high-quality services that are responsive to your needs, you understand that HOMEFACTS representatives or other parties will have access to your account and usage information and may review and use such account and usage information as it determines appropriate in its sole discretion, including without limitation as reasonably needed to investigate complaints, to provide the HomefactsPRO Service to you, or for such other purposes as contemplated in Homefacts's Privacy Policy (located at http://www.homefacts.com/privacy.html).

Your Submissions. The HomefactsPRO Service will allow you to submit certain information and materials to HOMEFACTS, including, without limitation, photographic images, as part of your use of the HomefactsPRO Service ("Submissions"). Under these HomefactsPRO Terms, you agree that you will not post, place or transmit any of the following material using the HomefactsPRO Service and that your Submissions will not include: (a) any threatening, defamatory, abusive, obscene, pornographic, inappropriate, unlawful or profane material or any other material that could give rise to any civil or criminal liability under applicable law, including but not limited to:

- Adult content, pornography, nudity, sexual terms or sexual innuendos;
- Tobacco products;
- Uncertified or illegal drugs and pharmaceutical products;
- Weapons of any kind (ammunition, firearms, etc.);
- Gambling, including without limitation, any casinos;
- Scams, get-rich-schemes, pyramid schemes, or chain letters;
- Spy cams or illegal surveillance equipment;
- 900 Phone number advertisements;
- Contraceptive advertisements;
- "NC-17" rated movies;
- Alcohol advertisements;
- "High Risk" investments (e.g., commodities, options, foreign exchange) advertisements;
- "High Risk" business opportunities (e.g., "get rich quick" schemes and business opportunities);
- Herbal supplements or weight loss products advertisements with sensational claims;
- Tattoo parlors and body piercing studios;
- Unlawful and/or illegal goods (e.g., counterfeit goods);
- Psychic services and other pseudo-sciences (b) any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material, if applicable; or (c) any material that promotes bigotry, racism, hatred or harm against any individual or group or that otherwise violates any of the Guidelines.

Subscriptions; Payment. HOMEFACTS will make available to you one or more advertising campaigns ("Campaign(s)") as part of your Subscription package for the HomefactsPRO Service. The term of the Subscription (the "Subscription Term"), benefits, as well as the fees and charges applicable to such Subscription (the "Subscription Fees") are set forth on the Site when you create your Campaign as part of the HomefactsPRO Service. . Subscriptions will automatically renew for an additional Subscription Term equal to the length of the original Subscription Term unless you request cancellation at least one (1) day prior to the renewal date. You will be notified via email seven (7) days prior to the renewal of your Subscription with detailed information on fees and charges applicable to your Subscription. The Subscription fees and charges for any of your advertising Campaigns and other terms and conditions applicable thereto are subject to change by HOMEFACTS at any time by posting such revisions on the Site and sent through email notifications to your account's email address. Such changes shall be applicable to any new Subscription Term commencing after such changes are posted on the Site. You agree to pay all Subscription Fees in advance in U.S. Dollars. You must provide HOMEFACTS with a valid credit card or other payment method approved by HOMEFACTS, and you authorize HOMEFACTS to automatically charge the Subscription Fees in advance for each Subscription Term to such credit card or other payment method until your Subscription is cancelled or otherwise terminated. In the event that Subscription Fees are not paid on a timely basis, including without limitation due to an invalid or expired credit card number, HOMEFACTS may, in addition to any other available remedies, suspend or terminate your Subscription, and any unpaid amounts will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). Subscription Fees are exclusive of applicable taxes. You are responsible for paying (a) all taxes, government charges, and (b) reasonable expenses (including collection agency and attorneys' fees) HOMEFACTS incurs collecting unpaid amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (without prejudice to your credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the sole discretion of HOMEFACTS. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. Nothing in these HomefactsPRO Terms obligates HOMEFACTS to extend credit to any party. Subscriptions; Advertising Campaigns. You are solely responsible for all advertising Campaigns created as part of the Subscription package for the HomefactsPRO Service including (a) ad targeting locations and all ad content, ad information, and ad URLs ("Creative") whether generated by you or someone on your behalf. You are also responsible for any (b) web sites, services and landing pages which Creative links or directs viewers to. HomefactsPRO Service will provide advertising Campaign data for estimated ad impressions ("Views") and related fees and charges as part of the Campaign creation process. Representations and Warranties. You hereby represent, warrant and covenant to HOMEFACTS that: (a) you have the full right, power and authority to enter into this Agreement; (b) you will comply with all applicable local, state and federal laws, ordinances, regulations and orders with respect to Submissions, including without limitation the Fair Housing Act; (c) your Submissions will not infringe upon or violate the rights of any third party and will otherwise comply with Section 2 above; (d) all information provided by you in connection with the HomefactsPRO Service will be true and correct; (f) if required, you have in effect all licenses and authorizations required by all applicable authorities allowing you to act as a licensed real estate professional.

License and Removal of Submissions. HOMEFACTS is not responsible for, and has no obligation to review, edit or comment on, the content of Submissions provided by HOMEFACTS users. However, HOMEFACTS reserves the right in its discretion to (i) delete, disable access to, move or edit Submissions in its sole discretion for any reason or no reason, or (ii) take any other action that HOMEFACTS deems necessary relating to use or misuse of the HomefactsPRO Service. You hereby grant to HOMEFACTS a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your Submissions in connection with the HomefactsPRO Service. In addition, you warrant that all moral rights in any Submissions and uploaded materials have been waived and do hereby waive any such moral rights. Age Requirements. You must be at least 18 years of age to use the HomefactsPRO Service. By using the HomefactsPRO Service, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions of these HomefactsPRO Terms.

Cancelling Your Subscription or the HomefactsPRO Service. If you violate any of these HomefactsPRO Terms, HOMEFACTS may, in addition to any other rights and remedies it may have, immediately terminate your Subscription to the HomefactsPRO Service without any notice or other action by HOMEFACTS. In the event of such termination, no amounts that you may have prepaid for use of the HomefactsPRO Service will be refunded. You will have the right to cancel the HomefactsPRO Service at any point in time from within your HOMEFACTS account. If HOMEFACTS discontinues the HomefactsPRO Service or cancels your Subscription thereto other than for a breach or violation of these HomefactsPRO Terms, HOMEFACTS will either, at its sole option, continue to provide the HomefactsPRO Service for the remainder of your Subscription Term (up to a maximum of thirty (30) days) or refund you a prorated portion of the Subscription Fees for the current Subscription Term. The term of a HomeFactsPRO subscription is 12 months and is not cancellable. Privacy Policy. Upon your Subscription to the HomefactsPRO Service, you need to provide information, which may include personal information, such as your name, email address, and mailing address. Such information will be subject to Homefacts's Privacy Policy (located at http://www.homefacts.com/privacy.html).

Indemnification. You will indemnify, defend and hold harmless HOMEFACTS, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the HomefactsPRO Service from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these HomefactsPRO Terms, including, without limitation, a breach of your representations and warranties, (ii) your Featured Listings, and/or any activity related to access to or use of the HomefactsPRO Service by you or any person accessing the HomefactsPRO Service through you and/or (iii) any Submission you provide, including without limitation any claim that a Submission infringes or violates a third party's intellectual property or other rights Disclaimer of Warranties.

THIS HOMEFACTSPRO SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. HOMEFACTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. HOMEFACTS DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HOMEFACTS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. Limitation Of Liability. IN NO EVENT SHALL HOMEFACTS, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SUBMISSIONS OR THE HOMEFACTSPRO SERVICE. IN ALL CASES, YOU AGREE THAT DAMAGES BE LIMITED TO THE AMOUNT OF THE CONTRACT PAID BY YOU TO HOMEFACTS.

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