HouseAmp Loans Inc.
BINDING CONTRACTUAL TERMS
(i) Homeowner: In the case of an individual person acting for his or her own purposes (“Homeowner”), which purposes shall not be limited to any activity primarily for personal, family, or household purposes, “You” means the Homeowner that: (a) uses the Services; or (b) obtains, or seeks to obtain, from HouseAmp any financial product or service offered or provided by HouseAmp. Homeowner may use the Services in conjunction with any financial product or service offered or provided by HouseAmp, and, if so, then the Homeowner and HouseAmp shall be bound by each agreement therefor.
(ii) Realtor: In the case of an individual person who is engaged in any activity relating to real estate sales or brokerage (“Realtor”), “You” means Realtor that uses the Services. Realtor who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Realtor uses the Services, Realtor shall: (a) only act within the scope of Realtor’s business; and (b) only use the Services in connection with Realtor’s business relationship with Homeowner.
(iii) Service Professional: In the case of an individual person who is engaged in any activity relating to any building trade, construction, staging, or any activity relating to presentation or home improvement of real property (other than real estate sales or brokerage) (“Service Professional” or “Service Pro”), “You” means Service Professional that uses the Services. Service Professional may use the Services in conjunction with any product or service offered or provided by HouseAmp, and, if so, then the Service Professional and HouseAmp shall be bound by each agreement therefor. Service Professional who is bound to these Terms of Service hereby represents and warrants to HouseAmp that, at all times that Service Professional uses the Services, Service Professional shall: (a) only act within the scope of the Service Professional’s business; and (b) only use the Services in connection with the Service Professional’s business relationship with a Homeowner.
(i) In General: Each of the HouseAmp Services is, or collectively are, the services provided by, or hosted by, one or more of the HouseAmp entities. The Services include: (i) the provision of HouseAmp’s websites (each “HouseAmp’s Site” or a “Site”); (ii) the mobile application of HouseAmp (“HouseAmp’s App”); (iii) subject to applicable qualifications and to HouseAmp’s approval (which HouseAmp may, in its sole discretion, determine), the provision of any account (a “HouseAmp Account”); and (iv) any financial product or service offered, or provided, by HouseAmp, which product or service may be obtained (but is not required to be obtained) in connection with any of the Services described in clauses (i) through (iii). The Services or any HouseAmp Account vary depending on if You are a Homeowner, Realtor, or Service Professional. For a Homeowner, the HouseAmp Services, including the HouseAmp Account, may be used separately or in combination with one or more of HouseAmp’s loan products, EFT services (e.g., transactions for electronic payments), or other financial products and services as may, from time to time, be offered or provided by HouseAmp.
The term “Your Credentials” means any or all, when used collectively, of the
account number that HouseAmp assigns to You, (ii) any email address or user name that You select to access or use the HouseAmp Services, or (iii) any password or other code that You select to access or use the HouseAmp Services.
For Realtor: Without limiting any of Your representations or warranties set forth in this section, You further acknowledge and agree that HouseAmp permits You to use the Services, including use of Your HouseAmp Account, only for the purposes of (a) enabling HouseAmp to offer or provide the Services to Homeowner (who is HouseAmp’s customer) and (b) affording an accommodation to You, as authorized or otherwise permitted by Homeowner. You expressly acknowledge and agree that the Services, including Your HouseAmp Account, is provided to You without charge and nothing in Your use of the Services involves, directly or indirectly, any kind of exchange or transfer of any thing of value.
Reservation of Rights: HouseAmp reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. HouseAmp shall notify You in advance of HouseAmp’s election to exercise its right to discontinue the Services. HouseAmp shall not be liable to You or any third party in the event that HouseAmp exercises its right to modify or discontinue the any portion or all of the Services.
HOUSEAMP COMPENSATION FROM SERVICE PROFESSIONALS
HouseAmp may, from time to time, engage in one or more arrangements or contracts with Service Professional. Under the terms and conditions of HouseAmp’s arrangement or contract with Service Professional, HouseAmp may receive fees or compensation for one or more services that HouseAmp provides to Service Professional. Any fee or compensation that Service Provider owes or pays to HouseAmp may be based, in whole or in part, on one or more aspects of a financial product or service that You, as Homeowner, may obtain, or have obtained, from HouseAmp. For example, when You as Homeowner request or instruct HouseAmp to initiate a payment to Your Service Professional, including a payment whose funds are proceeds of a HouseAmp loan to You, HouseAmp may impose a fee on Service Professional in connection with HouseAmp providing a payment service to Service Professional. HouseAmp may, at its sole discretion, impose and collect a fee from Service Professional based on any factor relating to the Services, including based on a percentage of the amount of funds from Your HouseAmp Loan that are paid to Service Professional. You acknowledge and agree that You have no rights to any portion of any fee that HouseAmp may charge or collect from any person, including any Service Professional with which You may have an agreement.
For Realtor or Service Pro, as the case may be, HouseAmp’s Privacy Notice shall apply to You as if you are a Homeowner, except that Homeowner may be permitted to prevent, or to “opt out” of, certain disclosures of information to other parties, Realtor or Service Pro shall have no such right to do so under HouseAmp’s Privacy Notice. You as Realtor or Service Pro acknowledge and agree that HouseAmp may disclose to nonaffiliated third parties information that HouseAmp collects about You or Your line(s) of business(es).
AUTHORIZED USE OF THE SERVICES
RESTRICTIONS ON USE OF THE SERVICES
use the Services for any purpose other than for using the features HouseAmp intentionally provides or makes available to You;
share Your password or any other part of Your Credentials, allow any person to access Your account, or take any action or inaction that might jeopardize the security of Your account;
assign or transfer Your account or log-in information to anyone;
provide false personal information or create an account for anyone other than Yourself;
attempt to access the accounts of any user of the Services other than Your own account;
translate, modify or create derivative works of the Services;
upload, download, recreate, display, perform, post, reproduce or copy the Services, except with the prior written consent of HouseAmp;
modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than Your content which You legally post on, through or in connection with the Services;
attempt to derive the source code, source files or structure of the software contained in the Services by reverse engineering, disassembly, decompilation or any other means;
use the Services except in accordance with all applicable law;
introduce into the Services any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
use any automated process to access or to use the Services;
create another account without HouseAmp’s permission, if HouseAmp had disabled Your account;
post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law;
use the Services in any manner that could damage, disable, undermine, overburden or impair the Services or the servers on which it runs or interfere with any other party’s use of the Services;
upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services; or
use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services.
PAYMENT AND FEES
You shall protect the confidentiality and security of Your Credentials, and You shall not allow any person to have access to or to use Your Credentials. HouseAmp will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using HouseAmp’s App.
HouseAmp is entitled (but not required) to apply security measures to protect the Services and the Content, and HouseAmp may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify HouseAmp of any (a) activity on the Services suspected as being for unlawful purposes, including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services; or (b) security breach involving the Services of which You become aware, including any loss of nonpublic personal information or any incident in which nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to HouseAmp, subject to copyright and other intellectual property rights under United States (the “U.S.”) and foreign laws and international conventions. HouseAmp owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for Your information and personal use only. For Your own use under Your agreement with HouseAmp (but not for any separate use of Your business), You may view, copy, and print screenshots of the Services. Otherwise, the Services may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HouseAmp reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless HouseAmp first expressly permits you to do so by notifying you in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by HouseAmp. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
HouseAmp may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to HouseAmp or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Services (“Feedback”). If You provide any Feedback, You grant to HouseAmp a perpetual, non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
You warrant and represent to HouseAmp as set out below:
(i) The information provided to HouseAmp in any application screen, registration process or screen, profile, email, postings, telephone call, or through other means—including all personal details, professional details, contact details, and all other data provided to HouseAmp—is true in all respects, up-to-date and not misleading in any way.
(ii) You shall not access the Services under false identity or pretext and will not use the Services to falsify Your or any other person’s identity.
(iii) You shall use the Services lawfully and in good faith.
(iv) You shall keep Your Credentials secure and shall not disclose or otherwise share such information with any person.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. THE HOUSEAMP PARTIES, APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICES OR THE CONTENT. THE HOUSEAMP PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE HOUSEAMP PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE HOUSEAMP PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE HOUSEAMP PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR HOUSEAMP’S APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE HOUSEAMP PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (vi) 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 SERVICES.
LIMITATIONS ON LIABILITY
THE HOUSEAMP PARTIES, APPLE, OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICES, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE HOUSEAMP PARTIES’ NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) UNAUTHORIZED ACCESS TO OR USE OF ANY SERVER MANAGED OR CONTROLLED BY HOUSEAMP OR ANY OF ITS AFFILIATES OR ANY AND ALL INFORMATION STORED THEREIN, EXCEPT AS OTHERWISE PROVIDED BY LAW, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (vi) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (vii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HOUSEAMP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
TERMINATION OF THE SERVICES
HouseAmp may at any time, and in HouseAmp’s sole discretion, modify, suspend, or discontinue the Services, and such action by HouseAmp may adversely affect the use of the Services. HouseAmp shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. HouseAmp shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect Your use of the Services. HouseAmp may give such notices through the Service or on its website or by email communications.
You acknowledge that removing HouseAmp’s App from Your mobile phone does not automatically terminate Your rights to use the Services. You may, at any time, request termination of Your use of the Services through the service termination settings in HouseAmp’s Site or HouseAmp’s App.
Upon Your request that Your use of the Services be terminated:
(i) Your right to access and use the Services will immediately terminate; and
(ii) All of Your personal information is subject to deletion from the Services, provided that—
(a) Copies of Your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;
(c) HouseAmp will be entitled to retain any data in non-personal information form which may have been extracted or obtained from Your personal information including any aggregated, anonymized or otherwise de-personalized data.
LINKS TO AND FROM THE SERVICES
The Services may contain links to third-party websites and online services (such as apps) that are not owned or controlled by HouseAmp. HouseAmp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. HouseAmp will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICES, YOU EXPRESSLY RELEASE THE HOUSEAMP PARTIES, APPLE AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, HouseAmp encourages You to be aware when You leave the Services, and You should read the terms and conditions that apply to other websites You visit.
HouseAmp takes no responsibility for advertisements or any third party material transmitted through or posted on the Services, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Services are between You and the Advertiser, and You agree that HouseAmp is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE HOUSEAMP PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER
HOUSEAMP AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY INDIVIDUALLY. Neither HouseAmp nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of HouseAmp or You act(s) or propose(s) to act as a representative for others. HouseAmp and You also agree that no arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of HouseAmp, You, and every other party to that arbitration or proceeding.
HOUSEAMP LOANS INC.
19689 7TH AVE NE, Ste.178
POULSBO, WA 98370
In the event of a dispute between You and HouseAmp, to invoke Your opt-out right, You must retain a copy of Your opt-out notice, as well as proof of mailing of Your opt-out notice within the prescribed period (for example, within 30 days of the date You first downloaded HouseAmp’s App).
If You elect to opt out, each of You and HouseAmp irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
ANY LEGAL ACTION BROUGHT BY YOU AGAINST HOUSEAMP OR ANY OF THE HOUSEAMP PARTIES MUST BE COMMENCED WITHIN ONE (1) YEAR OF THE DATE ON WHICH SUCH LEGAL CLAIMS WOULD ORDINARILY ACCRUE UNDER THE APPLICABLE STATUTE OF LIMITATIONS OR SIMILAR TEMPORAL DEADLINE FOR COMMENCING A LEGAL ACTION.
In the event of a dispute between You and HouseAmp, to invoke Your right to apply an earlier version of this Section, You must retain a copy of Your rejection notice, as well as proof of mailing of Your rejection notice within the prescribed period. HouseAmp reserves the right to make additional amendments to this Section. If you wish to reject additional changes to this Section, You must notify us in accordance with this Section for each change in accordance with the terms hereof.
Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
THIRD PARTY BENEFICIARIES
YOU ACKNOWLEGE THAT EACH OF THE HOUSEAMP PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT, AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC., RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN HOUSEAMP AND ITS SUCCESSORS AND ASSIGNS AND YOU.
APPLE REQUIRED TERMS
Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Services on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Services.
Warranty: As between Apple and HouseAmp, HouseAmp is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be HouseAmp’s sole responsibility.
Product Claims: HouseAmp and You acknowledge that HouseAmp, not Apple, is responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of that Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: HouseAmp and You acknowledge that, in the event of any third party claim that the Services or Your possession and use of the Services infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, HouseAmp, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
Developer Name and Address: HouseAmp may be contacted at in connection with any questions, complaints or claims with respect to the Services.
ADDITIONAL TERMS RELEVANT TO GOOGLE INC.
THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
HOUSEAMP IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE HOUSEAMP APP. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING THE HOUSEAMP APP, MAY BE DIRECTED TO HOUSEAMP SUPPORT. USERS MAY ALSO CONTACT US BY EMAIL AT INFO@HOUSEAMP.COM
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE HOUSEAMP MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE HOUSEAMP APP OR YOUR POSSESSION AND/OR USE OF THE HOUSEAMP APP, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE HOUSEAMP APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE HOUSEAMP APP OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
REMOVAL OF HOUSEAMP APP. HOUSEAMP OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE HOUSEAMP APP, OR DELETE THE HOUSEAMP APP FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM HOUSEAMP OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).