HOMETRAQ'S TECHNOLOGY POLICY AND DISCLAIMER OF WARRANTIES
Last Updated: April 16, 2017.
PLEASE CAREFULLY READ THIS TECHNOLOGY POLICY AND DISCLAIMER OF WARRANTIES (COLLECTIVELY "DISCLAIMER") BEFORE
MANUALLY OR ELECTRONICALLY SIGNING, BEFORE CLICKING THE "I AGREE" BUTTON AND/OR BEFORE DOWNLOADING AND/OR
USING HOMETRAQ'S ON-DEMAND SERVICE APPLICATION AND REFERRAL NETWORK (COLLECTIVELY "ON-DEMAND SERVICE
APPLICATION"). BY USING HOMETRAQ'S ON-DEMAND SERVICE APPLICATION, USER ACKNOWLEDGES THAT USER HAS READ
THE DISCLAIMER AND UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THE DISCLAIMER.
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USER'S AGE. Use of the On-Demand Service Application is limited to users that are at least
18 years of age or older. By using the On-Demand Service Application, you represent, warrant and covenant
that you are at least 18 years of age or older.
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CONTENT OWNERSHIP. You acknowledge and agree that the On-Demand Service Application,
including any third party content and other information provided on the On-Demand Service Application
(the "On-Demand Service Application Content"), is the sole and exclusive intellectual property of HomeTraq
or is licensed by HomeTraq for use on the On-Demand Service Application. The On-Demand Service Application
Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without
the express prior written consent of the HomeTraq or its licensors.
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LIMITED LICENSE GRANTED. HomeTraq hereby grants you a limited, revocable license to use
the On-Demand Service Application and the On-Demand Service Application Content solely for personal or
consumer purposes in accordance with the terms and conditions of the General Terms of Use. HomeTraq reserves
the right to temporarily disable or permanently discontinue any and all functionality or your use of the
On-Demand Service Application, including the provision of any and all On-Demand Service Application Content,
at any time without notice and with no liability to you. If you fail to comply with any provision of the
General Terms of Use or this Technology Policy and Disclaimer of Warranties, any rights granted to you herein
will automatically terminate. In the event of such termination, you must immediately cease use of the
On-Demand Service Application.
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JURISIDICTIONAL DISCLAIMER. The HomeTraq intends that the On-Demand Service Application
will be viewed by persons in the United States only. This should not be viewed as a solicitation or offer
of services in any jurisdiction in which the HomeTraq is not licensed or qualified to do business. In such
jurisdiction, the On-Demand Service Application is available and intended for informational purposes only.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
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DISCLAIMER OF REPRESENTATIONS. HOMETRAQ PROVIDES CONSUMER REFERRALS ON AN "AS IS"
AND "AS AVAILABLE" BASIS. HOMETRAQ DISCLAIMS ALL REPRESENTATIONS OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THAT YOUR USE OF HOMETRAQ'S ON-DEMAND SERVICE APPLICATION WILL BE UNINTERRUPTED,
ERROR-FREE OR VIRUS FREE.
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DISCLAIMER OF WARRANTIES. EXCEPT TO THE EXTENT PROHIBITED OR LIMITED BY ANY
APPLICABLE LAWS, RULES OR REGULATIONS, HOMETRAQ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, NOT EXPRESSLY SET FORTH IN THIS DISCLAIMER, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT RELATING
TO HOMETRAQ'S ON-DEMAND SERVICE APPLICATION. HOMETRAQ FURTHER DISCLAIMS ALL WARRANTIES RELATING
TO THE ACCURACY, SUFFICIENCY, VERACITY, VALUE, APPROPRIATENESS, CORRECTNESS, COMPLETENESS,
LEGALITY, SECURITY, AVAILABILITY, OPERABILITY, TIMELINESS, RELIABILITY OR USEFULNESS OF INFORMATION,
DATA, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF HOMETRAQ'S ON-DEMAND
SERVICE APPLICATION, BY USER. HOMETRAQ AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY FAILURE OF PERFORMANCE, FAILURE TO STORE, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, ERROR IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, TELECOMMUNICATIONS
LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS, ALTERATION OR USE OF RECORDS, BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING OR RELATING TO THE
USE OF HOMETRAQ'S CONFIDENTIAL AND PROPRIETARY INFORMATION AND TECHNOLOGY, INCLUDING THE
ON-DEMAND SERVICE APPLICATION, BY USER
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GENERAL RELEASE FROM LIABILITY. EXCEPT TO THE EXTENT PROHIBITED OR LIMITED BY ANY
APPLICABLE LAWS, RULES OR REGULATIONS, USER RELEASES HOMETRAQ AND ITS AFFILIATES FROM ANY AND ALL
CLAIMS, DEMANDS, ACTIONS, SUITS, DEMANDS, LOSSES, LIABILITIES, EXPENSES (INCLUDING REASONABLE
ATTORNEY'S FEES), DAMAGES, PENALTIES OR FINES ARISING OUT OF, RELATING TO OR IN CONNECTION WITH:
(1) THE USE OF THE HOMETRAQ'S ON-DEMAND SERVICE APPLICATION; (2) THE PERFORMANCE OF ANY SERVICES
UNDER THIS DISCLAIMER; (3) THE BREACH OR VIOLATION OF ANY TERM OR CONDITION OF THE GENERAL TERMS
OF USE; (4) ANY INACCURACY IN OR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT SET FORTH IN
THE GENERAL TERMS OF USE; (5) THE VIOLATION OR OTHER NON-COMPLIANCE WITH ANY LAW, RULE OR REGULATION
RELATING IN ANY WAY TO THE GENERAL TERMS OF USE OR THE PERFORMANCE OF SERVICES UNDER THE GENERAL
TERMS OF USE; OR (6) CLAIMS BY USER OR AN THIRD PARTY, DIRECTLY OR INDIRECTLY RELATED TO THE
PROVISION OF ANY SERVICES UNDER THE GENERAL TERMS OF USE OR USE OF HOMETRAQ'S ON-DEMAND SERVICE
APPLICATION.
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LIMITATIONS ON DAMAGES. HOMETRAQ AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER OR
RELATED TO THE USE OF THE ON-DEMAND SERVICE APPLICATION OR THE SERVICES PROVIDED THEREUNDER FOR
ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF HOMETRAQ
AND ITS AFFILIATES KNOW, ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
(1) INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES OF ANY TYPE OR KIND, (2) PUNITIVE
DAMAGES, (3) PERSONAL INJURIES, (4) PROPERTY DAMAGE OR (5) DAMAGES RELATING TO LOSS OF DATA,
INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, RELATED
TO, IN CONNECTION WITH OR OTHERWISE RESULTING FROM THE USE OF HOMETRAQ'S ON-DEMAND SERVICE
APPLICATION OR THE PERFORMANCE OF SERVICES UNDER THE GENERAL TERMS OF USE, REGARDLESS OF THE
NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE OR CONCURRENT) OF HOMETRAQ OR ITS AFFILIATES. IN NO
EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF HOMETRAQ AND ITS AFFILIATES ARISING UNDER THE DISCLAIMER
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00).
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FORCE MAJEURE LIMITATIONS. HOMETRAQ AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY
DELAY OR FAILURE IN PERFORMANCE OF THE TERMS AND CONDITIONS OF THE GENERAL TERMS OF USE RESULTING
DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE OR OTHER FORCES BEYOND ITS REASONABLE CONTROL, INCLUDING,
WITHOUT LIMITATION, WAR, CIVIL UNREST, TERRORISM, HACKING, CYBERATTACKS, DENIAL OF SERVICE ATTACKS,
INTERNET OR NETWORK DISRUPTIONS, ELECTRICAL DISRUPTIONS, INTERVENING ACTS OF THIRD PARTIES,
CRIMINAL ACTS OF THIRD PARTIES OR ACTS OF GOD.
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INDEMNIFICATION. You agree to defend, indemnify and hold harmless the HomeTraq, its
affiliates, partners, advisors, employees, members, managers, officers, licensors, licensees or content
providers (the "HomeTraq Indemnities") from any claims, losses, damages, expenses, demands, and costs
(including, without limitation, reasonable attorneys' fees), arising out of or relating to your use of
the On-Demand Service Application, relating to the terms and conditions of the General Terms of Use or
relating to services ordered by use of the On-Demand Service Application.
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THIRD PARTY LINKS. HomeTraq's On-Demand Service Application may contain hyperlinks to third
party websites ("Links"). Links may be made available to assist you, the user, in connection with your home
search. HomeTraq does not control such Links. HOMETRAQ MAKES NO REPRESENTATION OR WARRANTIES CONCERNING
SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD
PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links
does not imply any endorsement by HomeTraq, including, but not limited to, opinions, statements, information,
individuals or entities referred to on such Links or any association with their operators. You are solely
responsible for any charges or obligations that you may incur in your dealings with such linked site operators.
Linked sites or other websites may also have a hyperlink to this On-Demand Service Application; HomeTraq is
not, and you agree that the HomeTraq is not, responsible for the content of any such websites or the actions
of any operator of any such websites.
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OTHER TERMS AND CONDITIONS.
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CHOICE OF LAW AND VENUE. This Disclaimer shall be governed by the laws of the State
of Missouri without giving effect to any conflict of law principles. Any dispute, claim or cause
of action arising or relating to the interpretation or enforcement of the Disclaimer or the use of
the On-Demand Service Application shall only be exclusively filed in and determined by the Circuit
Court of St. Louis County, Missouri, or the United States District Court for the Eastern District
of Missouri. HomeTraq and User waive any objections and defenses based on subject matter
jurisdiction, personal jurisdiction, improper venue or forum non-conveniens.
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PRIVATE CONTRACTUAL STATUTE OF LIMITATIONS. Any dispute claim or cause of action
arising or relating to the interpretation or enforcement of this Disclaimer or the use of the
On-Demand Service Application, shall be filed and instituted within one (1) year after such dispute,
claim or cause of action arose or such dispute, claim or cause of action will forever be barred.
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WAIVER OF LITIGATION RIGHTS. HomeTraq and User voluntarily waive any right to a
jury trial or any right to institute or participate in any class action against HomeTraq or its
Affiliates relating to any dispute, claim or cause of action arising or relating to the interpretation
or enforcement of the Disclaimer or the use of HomeTraq's On-Demand Service Application.
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ATTORNEY'S FEES. In the event that HomeTraq files any lawsuit to enforce any term or
condition of this Disclaimer, HomeTraq as the prevailing party shall be entitled to recover its
reasonable attorney's fees, expert witness and other litigation expenses and court costs incurred
in said lawsuit.
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NO WAIVER. The failure by HomeTraq to exercise or enforce any rights or provisions
of this Technology Policy and Disclaimer of Warranties shall not constitute a waiver of such right
or provision or any other provision of this Technology Policy and Disclaimer of Warranties.
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SURVIVAL AND SEVERABILITY. Each provision of this Disclaimer shall survive any
termination of the limited license to use the On-Demand Service Application.
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CONTACTING HOMETRAQ. You may contact HomeTraq regarding this Technology Policy and
Disclaimer of Warranties as follows:
HomeTraq
Attn. Legal Department
222 S. Central Avenue, Suite 1000,
Clayton, Missouri 63105