SOA Labs, Inc. Terms of Use

Thank you for your interest in the myHomeIQ website located at homeiqreport.com the "Site" provided to you by SOA Labs, Inc. "SOA", as well as all related web sites, networks, products and services provided by us and on which a link to these Terms of Use is displayed collectively, our "Service". This Terms of Use governs your use of the Service and forms a legally binding contract between you and SOA regarding your use of the Service. The Terms of Use includes the General Privacy Policy, Cookie Notice, and, where applicable, CCPA Supplemental Privacy Notice collectively, the "Privacy Policy" and other such agreements or policies linked to and accessible from the footer of the Site. This Terms of Use, and the Privacy Policy, may be updated by SOA from time-to-time as described herein.

Certain aspects of the Service may be provided by one or more third parties. Such third parties may have their own policies collectively, "Third Party Policies" that apply to your use of the Service. Nothing in this Terms of Use is intended to modify or limit such Third Party Policies. This Terms of Use only applies to the Service to the extent actually developed, distributed, licensed and supported by or on behalf of SOA.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

You acknowledge and agree that, as provided in greater detail in the Terms of Use:

  • your use of the Service may be subject to separate third party terms of use/service and fees, including without limitation, certain Third Party Policies;
  • you consent to the collection and use of your personally identifiable information and information about your location in accordance with the SOA Privacy Policy and the privacy policies of third parties included within the Third Party Policies;
  • the Service is provided "as is" without warranties of any kind and SOA's liability to you is limited;
  • disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THIS TERMS OF USE, YOU AND SOA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Arbitration Agreement below for the details regarding your agreement to arbitrate any disputes with SOA;
  • access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates; and
  • by creating an account on our service or otherwise accessing, contributing or activating content on the Service, you agree to subscribe to newsletters, marketing, promotional or sponsored materials and other information we may send which may take a variety of forms and methods inclusive of, but not limited to, electronic communications such as email and SMS/text messaging. Receipt of such sponsored material may create additional fees and charges with your mobile or data provider. You are responsible for all such costs. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email or text message we may send.
  1. User Content.
    1. 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").
    2. 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.
    3. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by this Terms of Use and the functionality of the Service.
    4. 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:
      • you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize SOA and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 1 and in the manner contemplated by SOA and this Terms of Use; and
      • your User Content, and use of your User Content as contemplated by this Terms of Use, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
      • By creating an account with us, you guarantee you are 18 years of age or older and all personal information you provide is accurate.
    5. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by this Terms of Use and the functionality of the Service.
    6. User Content Disclaimer. SOA is under no obligation to edit or control User Content that you or other users post or publish, and SOA will not be in any way responsible or liable for User Content. SOA may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in SOA's sole judgment violates this Terms of Use or is otherwise objectionable. You understand that when using the Service you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SOA with respect to User Content. SOA expressly disclaims any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to this Terms of Use, SOA may investigate the allegation and determine in its sole discretion whether to remove the User Content, which SOA reserves the right to do at any time and without notice.
    7. 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).
  2. Digital Millennium Copyright Act. 
    1. 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: legal@myhomeiq.com.
      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.
  3. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
    1. use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
    2. 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;
    3. 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;
    4. violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
    5. 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;
    6. 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;
    7. sell or otherwise transfer the access granted by this Terms of Use or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
    8. 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.
  4. 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.
  5. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of this Terms of Use, your permission to use the Service will terminate automatically. Additionally, SOA, in its sole discretion, may terminate your user account on the Service, if applicable, or suspend or terminate your access to the Service at any time, with or without notice. SOA also reserves the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. SOA will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service at support@myhomeiq.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination. In the event You unsubscribe or Your account is otherwise Terminated, we will disable any automated reports or communications from being sent to Consumers from the Service on your behalf and will cease all further communication with any affected Consumers.
  6. Feedback. 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.
  7. Privacy Policy; Additional Terms.
    1. Privacy Policy. Please read the SOA Privacy Policy (follow the links at the bottom of https://myhomeiq.com/privacy-policy) carefully for information relating to SOA's collection, use, storage and disclosure of your personal information. The SOA Privacy Policy, which includes the General Privacy Policy, Cookie Notice, and, where applicable, CCPA Supplemental Privacy Notice, is incorporated by reference into, and made a part of, this Terms of Use.
    2. California Consumer Privacy Act. In cases in which the Services include the collection of personal information of California consumers, and to the extent of the applicability of California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100 - 1798.199, and amendments thereof and regulations thereto, you and SOA ("Parties") agree that this Section (7.2) shall control in the event of a conflict with any other provision of this Terms of Use. This Section, and the obligations hereunder, shall not apply in the case of an applicable exception to the CCPA, including each such exception set forth in Cal. Civ. Code § 1798.145.

    Any terms defined in the CCPA have the same meaning when used in this Section. Proper terms not defined in the CCPA have the meaning defined elsewhere in this Terms of Use.

    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.
    • SOA shall be considered a "service provider," which processes information on your behalf and to which you disclose a consumer's personal information for a business purpose pursuant to this Terms of Use or an applicable Subscription Agreement. To the extent SOA collects personal information directly from a consumer, or about a consumer, in the course of providing the Services, it does so on your behalf and at your direction.
    • Visitors to and users of the Site and other SOA services may be "consumers" if they meet the definition set forth in the CCPA.

    The Parties agree that SOA may process information on your behalf and you may disclose a consumer's personal information to SOA for a business purpose pursuant to this Terms of Use or an applicable Subscription Agreement, provided that SOA shall be prohibited from retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the Services specified in this Terms of Use or an applicable Subscription Agreement, or as otherwise permitted by the CCPA, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the Services specified in this Terms of Use or an applicable Subscription Agreement.

    More specifically, SOA shall not retain, use, or disclose personal information obtained in the course of providing Services except:

    • (1) To process or maintain personal information on your behalf, and in compliance with this Terms of Use or an applicable Subscription Agreement;
    • (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.

    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.

  8. Additional Terms.  Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that SOA may post on or link to on the Service (the "Additional Terms"), such as end user license agreements for any downloadable applications that SOA may offer, or rules applicable to particular features or content on the Service, subject to Section 8 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, this Terms of Use.
  9. Modification of these Terms of Use.  SOA reserves the right, at its discretion, to change this Terms of Use on a going-forward basis at any time. Please check this Terms of Use periodically for changes. If a change to this Terms of Use materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms of Use. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under this Terms of Use will be resolved in accordance with this Terms of Use in effect that the time the dispute arose.
  10. Ownership; Proprietary Rights.  The Service is owned and operated by SOA. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, Software, services, and all other elements of the Service (the "Materials") provided by SOA are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of SOA or our third party licensors. Except as expressly authorized by SOA, you may not make use of the Materials. SOA reserves all rights to the Materials not granted expressly in this Terms of Use.
  11. Indemnity.  You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless SOA and each of their officers, directors, employees, consultants, affiliates, subsidiaries, agents, and distributors (collectively, the "SOA Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Terms of Use or any representation, warranty, or agreements referenced in this Terms of Use, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. SOA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
  12. 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.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING THE SOA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THIS TERMS OF USE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND THE SOA ENTITIES, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR PERSONAL PROPERTY USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.

    SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

  13. 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.

    YOU AGREE THAT THE AGGREGATE LIABILITY OF THE SOA ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THIS TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO SOA FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE MONTHS PRIOR TO THE CLAIM OR (ii) $100.

    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.

    EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  14. Governing Law.  This Terms of Use is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and SOA agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating all such disputes. SOA operates the Service from its offices in Greenville, SC, USA, and it makes no representation that Materials included in the Service are appropriate or available for use in other locations.
  15. General.  This Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and SOA regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to this Terms of Use. You may not assign or transfer this Terms of Use or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. SOA may assign this Terms of Use at any time without notice. The failure to require performance of any provision will not affect SOA's right to require performance at any time thereafter, nor will a waiver of any breach or default of this Terms of Use or any provision of this Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Terms of Use is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of this Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Terms of Use, any provision that by its nature or express terms should survive will survive such termination or expiration.
  16. Relationship of the Parties.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and SOA as a result of this Terms of Use or use of the Site. SOA's performance of this Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of SOA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SOA with respect to such use.
  17. Dispute Resolution and Arbitration. 
    • Generally.  In the interest of resolving disputes between you and SOA in the most expedient and cost effective manner, you and SOA agree that any and all disputes arising in connection with this Terms of Use will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS TERMS OF USE, YOU AND SOA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    • Exceptions.  Notwithstanding Section 15.1, we both agree that nothing in this Terms of Use will be deemed to waive, preclude, or otherwise limit either of our right to: (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
    • Arbitrator.  Any arbitration between you and SOA will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SOA.
    • Notice; Process.  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: legal@myhomeiq.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.
    • Fees.  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.
    • Enforceability.  If the entirety of this Section 15 is found to be unenforceable, then parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to this Terms of Use.
  18. Consent to Electronic Communications.  By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that SOA sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  19. Contact Information.  The services hereunder are offered by SOA. You may contact us by emailing us at: support@myhomeiq.com
  20. Definitions. In addition to the terms defined elsewhere in these Terms of Use, as well as any definitions applicable thereto, the following definitions shall apply:

    "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.

    "myHomeIQ," "we," "our," or "us" refers to myHomeIQ, Inc.

    "myHomeIQ 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 myHomeIQ Site, (b) the Documentation, Software and any other products and services contained in or made available by myHomeIQ via the Service, and (c) any of myHomeIQ's Intellectual Property used in connection with the Service.

    "myHomeIQ 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 https://homeiqreport.com.

    "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 myHomeIQ 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 myHomeIQ 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.

    "Terms of Use" means myHomeIQ's standard terms of use for the Service that a User must accept and agree to abide by in order to access and use the Service.

    "User Data" means any data, information or material pertaining to a User or any third party, disclosed, provided or submitted to myHomeIQ in connection with the Service.