Terms of Service

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. This privacy policy applies to the ihouseweb, Inc website and other Internet-accessible ihouseweb, Inc services. Please note that this policy applies only to ihouseweb, Inc websites, and not to other companies’ or organizations’ websites to which we link from our products.

1. SERVICES; ACCEPTANCE OF TERMS
ihouseweb, Inc. ("ihouseweb", "we", "us", or "our") provides certain website creation and hosting services (together with all related products and services, the "Services") to its clients as a way for those clients to leverage the informational and commercial exchange the Internet affords. The Services allow registered users to create and modify an online website and to post Content (as described herein). In order to use the Service, you must have access to the Internet and all equipment necessary to make such connection to the Internet, including a web-enabled computer.To protect the interests of all clients and to ensure optimal service levels, iHOUSEweb requires all of its clients and users of the Services (referred to herein as "you" or "your") to abide by these Terms of Service, as they may be updated from time to time (the "TOS" or "Terms"). Your use of any Service offered by iHOUSEweb constitutes acknowledgment of and agreement to be bound by these Terms. These Terms also apply to your subsidiaries and affiliates, and any person or entity purchasing your account, who use the Services. The Terms also apply to your use of the iHOUSEweb website located at www.ihouseweb.com, the iHOUSEweb ELITE Marketing website located at www.ihouseelite.com, the IDXPro Marketing site located at www.idxpro.com (collectively, the "iHOUSEweb Websites"). If you do not agree to these Terms, do not use the Service.

2. ACCOUNTS, PASSWORDS AND SECURITY
You are entirely responsible for maintaining the security of your ihouseweb account information, including your password, and for any and all activity that occurs under your account. You agree to notify ihouseweb immediately of any unauthorized use of your account or password or any other breach of security. You may not use anyone else's ID, password, or account at any time without the express permission and consent of the holder of that ID, password, or account. ihouseweb cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

3. DOMAIN NAME REGISTRATION LIMITS OF LIABILITY
As a domain registrar, ihouseweb is not required or authorized to police domain name registrations for copyright, trademark, or other legal rights or restrictions. You are solely responsible for your choice and usage of any domain name.

4. CONTENT
You are solely responsible for all content (including without limitation text, graphics, videos, audio, photographs, logos and other branding (including trademarks, service marks, and trade names), and any other materials) provided by or through you as part of your use of the Service (collectively, "Content"). It is your responsibility to ensure that all such Content complies with the TOS and that your use of the Service does not violate these Terms. ihouseweb, Inc cannot and will not monitor, edit, censor, or otherwise interfere with information or Content you may retrieve from sources outside the ihouseweb network, even when such information is made available to you through the use of material deliverable to any website or Service maintained by ihouseweb, including via email. iHOUSEweb will not be responsible for any injury or liability resulting from communications or Content that may be offensive, misleading, illegal, or otherwise unsuitable to you or any other user.

If you have asked ihouseweb to copy a website that you own or insert images that you supplied, ihouseweb assumes that you own the copyright or have permission to use the images. ihouseweb assumes no responsibility for copyright infringement if infringing content is copied from a website you own or supplied by you. You, the website owner, are solely responsible for all copied or supplied Content.

All Services provided by iHOUSEweb, including any website that you create by way of the Services, may be used for lawful purposes only. iHOUSEweb does not monitor, edit, censor, or take responsibility for your Content or communications from within the network controlled by iHOUSEweb, except to the extent necessary for iHOUSEweb to exercise its rights to determine if violations of the TOS have occurred once a suspected violation has been brought to the attention of iHOUSEweb.

iHOUSEweb does not own the Content that you furnish. You hereby grant to iHOUSEweb a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to furnish the Services to you and to perform all acts necessary to host your Content.

Unless otherwise agreed in writing by an authorized iHOUSEweb representative, any materials or information you transmit to us by any means shall be deemed non-confidential and may be used by us for any lawful purpose without compensation or liability to you. You agree that iHOUSEweb may use your websites as samples in advertising and other promotions and may provide links to your websites to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue. The foregoing does not apply to Content or information that is subject to our Privacy Notice.

5. PROHIBITED ACTIVITIES
The following is a partial list of the kind of Content and activity that is prohibited on any website and through the use of the Services. iHOUSEweb reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability, if we believe you are in violation of the Terms. iHOUSEweb further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation reporting it to, and cooperating fully with, law enforcement authorities.

You agree that you will not:
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• Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation disclosing any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, or ethnically or otherwise objectionable, or that harms minors in any way.
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• Impersonate any person or entity, including, but not limited to, an iHOUSEweb official, forum leader, guide, or host.

• Falsely state or otherwise misrepresent any affiliation with any person or entity.

• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.

• Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

• Upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party.

• Upload, post, or transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam".

• Upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

• Misuse system resources with activities designed to cause harm to or monopolize the resources or capacity of any server or hardware component of the iHOUSEweb network. This includes, but is not limited to, the use of programs that consume excessive CPU time.

• Directly or indirectly, intentionally or unintentionally, violate any applicable local, state, national, or international law.

• Offer for sale or sell any item, good, or service that violates any applicable federal, state, or local law or regulation, or that you do not have full power and authority, including all necessary licenses and authorizations, under all relevant laws and regulations to offer and sell.
Solicit a third party's passwords or personal identifying information for unlawful or phishing purposes.

• Use an iHOUSEweb Website solely as a remote storage server and allow another website or hosting server to link to Content files stored on iHOUSEweb servers.

• Upload, post, or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context.

• Send unsolicited email (spam) from an iHOUSEweb server or reference a domain hosted by iHOUSEweb in any spam, whether originating from the iHOUSEweb network or not. iHOUSEweb has a zero-tolerance policy with respect to spam and will take swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by iHOUSEweb. Should abuses be found, iHOUSEweb, Inc. reserves the right to immediately and without notice terminate the offending account and/or modify our services as a whole to ensure compliance with reasonable and acceptable email practices.

• Post other agents' or brokers' listings without permission in direct violation of your MLS or Board of Realtors regulations. Please contact your MLS or Board of Realtors for specific rules and regulations in your area. Accounts that repeatedly engage in violations of MLS and/or Board of Realtors listing regulations are subject to termination.

• Attempt to gain unauthorized access to any portion or feature of your website, or any other systems or networks connected to the iHOUSEweb Websites or to any iHOUSEweb's servers, or to any of the Services offered on or through the iHOUSEweb Websites, by hacking, password "mining" or any other illegitimate means.

• Probe, scan, or test the vulnerability of the iHOUSEweb Websites or your website or any network connected to the iHOUSEweb Websites or your website, nor breach the security or authentication measures on your website or any network connected to your website or to the iHOUSEweb Websites.

• Reverse look-up, trace, or seek to trace any information on any other user or visitor to your website or any other customer of iHOUSEweb, including any iHOUSEweb account not owned by you, to its source, or exploit the iHOUSEweb Websites or any service or information made available or offered by or through the iHOUSEweb Websites.

Any activity not identified above but determined by iHOUSEweb in its sole discretion to be harmful to other clients or general operations of the network will be addressed on a case-by-case basis.

The determination of whether an account is in violation of any of these policies is at the sole discretion of iHOUSEweb. Violation of any of the foregoing may result in tracking information being stored to identify the offending client, and permanent restriction from holding an account on the Service.

6. IHOUSEWEB PROPERTY, OWNERSHIP, AND PROPRIETARY RIGHTS

This document and all content on the iHOUSEweb Websites, including but not limited to images, text, scripts, APIs, graphics, photographs, trademarks, logos, sounds, artwork, and computer codes and the design, structure, selection, coordination, and arrangement of such content where ownership is not held by third parties (collectively, the "iHOUSEweb Property") is owned by iHOUSEweb and is protected by trade dress, copyright, trademark, and other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title, or interest in or to any such iHOUSEweb Property. You agree that you shall not at any time make any claim to any right, title, or interest in or to such iHOUSEweb Property. Except as expressly provided in these Terms, no part of the iHOUSEweb Websites and no iHOUSEweb Property may be copied, reproduced in any form, republished, uploaded, posted, publicly displayed, transmitted, altered, modified, or distributed in any way to any other computer, server, website or other medium for publication without iHOUSEweb's express prior written consent.

You may use information made available to you as part of the Service on the iHOUSEweb Websites (such as data sheets, help center articles, and similar materials) ("iHOUSEweb Documents"), provided that you (a) do not remove any proprietary notices in any such iHOUSEweb Documents, (b) use such iHOUSEweb Documents only for your informational purposes and do not copy or post all or any portion of such iHOUSEweb Documents on any networked computer or broadcast it in any media, (c) make no modifications to any such iHOUSEweb Documents, and (d) do not make any representations or warranties relating to such iHOUSEweb Documents.Violations of the copyright held by iHOUSEweb, Inc on any material from this website may be reported to abuse@ihouseweb.com.

7. LINKS TO OTHER SITES AND TO THE IHOUSEWEB WEBSITES

‍The iHOUSEweb Websites may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under iHOUSEweb, Inc.'s control, and iHOUSEweb, Inc. is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

8. AVAILABILITY; LIMITATIONS
iHOUSEweb administers and operates the iHOUSEweb Websites from its location in Sacramento, California USA. Although these websites are accessible worldwide, not all features, products, or services discussed, referenced, provided, or offered through or on the iHOUSEweb Websites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. iHOUSEweb reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the iHOUSEweb Websites is void where prohibited.

9. INTERNATIONAL USE; GDPR
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. For clients whose websites are subject to the scope of the General Data Protection Regulation ("GDPR"), iHOUSEweb offers simple website settings to help you comply with GDPR law. When enabled, these settings ensure that a user's personal data is only collected and processed when affirmative consent is given, a user's consent may be withdrawn at any time, and a user has the right to access, rectify, and/or erase any personal data that has been collected. iHOUSEweb, Inc. also assumes the role and responsibilities of Data Processor and agrees to comply with all applicable laws.

10. CALIFORNIA CONSUMERS
For purposes of the California Consumer Privacy Act ("CCPA"), IHOUSEweb is a Service Provider and you are a Business. To the extent that your Content includes Personal Information, IHOUSEweb will not i) Sell your Personal Information, (ii) retain, use, or disclose your Personal Information for any purposes other than as described in these Terms, or (iii) retain, use, or disclose your Personal Information outside of the direct business relationship between IHOUSEweb and you, except as may be provided in the CCPA. IHOUSEweb certifies that it understands these restrictions and shall comply with them. If IHOUSEweb receives a request from an individual to exercise his/her rights under CCPA, iHOUSE web will decline the request and advise the individual to contact you to exercise his or her rights. iHOUSEweb will make one or more tools available to assist you with complying with the CCPA, but implementing the tools and providing any required notices is solely your responsibility. Capitalized words in this paragraph shall have the same meaning as their corresponding definitions in the CCPA.

11. AUTOMATIC RENEWAL
Your account will be automatically renewed at the end of your selected subscription term, which is either monthly or annual. For annual subscriptions, iHOUSEweb will send an email notice one (1) month before the renewal date as a courtesy reminder. Domain names initially purchased through iHOUSEweb will be automatically renewed for successive one (1) year terms, unless you notify iHOUSEweb at least two (2) weeks prior to the expiration date of your intention not to renew the domain name.

12. CANCELLATION POLICY
All cancellations for monthly subscriptions require thirty (30) days' advance notice. Cancellation notices must be submitted to our Elite Service Team by emailing support@ihouseweb.com or by calling (866) 645-7700. After notice is received, your account and related Services will continue to be billed through the end of the 30-day cancellation period. During this 30-day period, with the exception of MLS surcharges and domain registration fees, any monthly website service charges will be prorated to the Service end date. For annual subscriptions, cancellation notice may be given at any time before the end of the subscription period. After notice is given, the Service will be discontinued on the subscription end date. Without exception, all MLS surcharges and domain registration fees are nonrefundable.iHOUSEweb reserves the right to modify, refuse access to, discontinue, or suspend the Service in whole or in part at any time and at its sole discretion.

13. PAYMENT; DISPUTED CHARGES
All Service fees are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. All accounts on monthly plans will be automatically charged on the first day of every month. Any account reaching fifteen (15) days past due are subject to suspension for nonpayment. All invoicing and payments are automatic and recurring based on the contract length specified at the time of account setup or by request after setup has been completed. All disputed charges must be submitted in writing to support@ihouseweb.com within thirty (30) days of the invoice date.

14. TAXES
You take full responsibility for all taxes and fees of any nature associated with your use and purchase of the Services. iHOUSEweb shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by you or through the Service.

15. CONSENT TO CALL, TEXT, AND RECORD
You agree that iHOUSEweb, its agents, affiliates, and/or vendors may call and/or send SMS text messages to you for any purpose at any phone number provided. You agree that such calls and/or texts may be sent via Automatic Telephone Dialing System and/or artificial or pre-recorded voice and that such consent is not a condition of receipt of any good or service. You may opt-out of such calls or text messages at any time. iHOUSEweb does not charge for making such calls and/or text messages, but your phone carrier may. You also understand and agree that any calls between you and iHOUSEweb may be monitored or recorded, including by transcription technology.

16. PRIVACY
Our Privacy Notice (available at: https://www.ihouseweb.com/privacy-policy/), which is part of these Terms, describes how we collect, protect, and use the information you provide to us and certain other information about you. We encourage you to read the Privacy Notice and to use the information it contains to help you make informed decisions.

17. ACCESSIBILITY
iHOUSEweb has endeavored to create its website in a manner that is accessible to persons with communication disorders; however, since there are currently no formal Federal or State regulations defining specifically what a compliant website is or looks like, other than that it should be independently usable by persons with communication disabilities, iHOUSEweb assumes no responsibility for any claim, either in a court of law or by way of a demand letter or similar means, regarding the accessibility of the iHOUSEweb Websites or your public facing website using the iHOUSEweb platform. If such a claim is made against you or iHOUSEweb related to your public facing website, you agree to defend and indemnify iHOUSEweb for all purposes.

18. VIOLATION OF THESE TERMS OF SERVICE
You acknowledge and agree that iHOUSEweb may preserve any transmittal or communication by you with iHOUSEweb through the iHOUSEweb Website or any service offered on or through the iHOUSEweb Website, or by or through any of the Services, and may also disclose such data if required to do so by law or if iHOUSEweb determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of iHOUSEweb, its employees, users of or visitors to the iHOUSEweb Website or your website, and the public.You agree that iHOUSEweb may, in its sole discretion and without prior notice, terminate your account and/or block access to your website hosted on the iHOUSEweb network if (a) you materially or repeatedly violate these Terms or other agreements or guidelines which may be associated with your use of the Services; (b) we are required to do so to comply with a legal or governmental requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, any third party, or to iHOUSEweb or any of its affiliates.You also agree that any violation by you of these TOS will constitute an unlawful and unfair business practice, and will cause irreparable harm to iHOUSEweb, Inc., for which monetary damages would be inadequate, and you consent to iHOUSEweb, Inc. obtaining any injunctive or equitable relief that iHOUSEweb, Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies iHOUSEweb, Inc. may have at law or in equity.If iHOUSEweb takes any legal action against you as a result of your violation of these Terms, iHOUSEweb will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, which recovery shall be in addition to any other relief available to iHOUSEweb at law or in equity. You agree that iHOUSEweb will not be liable to you or to any third party for termination of your access to your website as a result of any violation of these TOS.

19. COPYRIGHT CLAIMS PROCESS
You agree to abide by iHOUSEweb's copyright infringement claims policy posted at https://www.ihouseweb.com/copyright-claims/. Upon receiving a claim alleging copyright infringement by a complaining party ("Complaining Party"), you also agree that iHOUSEweb may, in its sole discretion and without prior notice, disable or deactivate your website or relevant portions of your website alleged to be a violation of the Complaining Party's rights. If your website content is disabled or deactivated, you will receive a notice of copyright infringement, and you may provide a notice to use (a "Counter Notification") by emailing copyrightclaims@ihouseweb.com and including the following information: (a) your electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled and stating the reasons for this belief. Upon receipt of a Counter Notification as described above, iHOUSEweb shall promptly provide the Complaining Party with a copy of the Counter Notification and inform such Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days. iHOUSEweb will replace the removed material and cease disabling access to it in not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, unless iHOUSEweb first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the iHOUSEweb system or network.It is iHOUSEweb's policy, in appropriate circumstances, to terminate the accounts of clients who are repeat infringers or are repeatedly charged with infringement.

20. INDEMNITY
To the extent permitted by applicable law, You agree to defend, indemnify, and hold harmless iHOUSEweb and its subsidiaries, affiliates, officers, directors, agents, partners, and employees against and from any and all third party claims, lawsuits, and demands, and all associated liabilities, fines, penalties, judgments, damages, costs, and expenses (including without limitation attorneys' fees and costs of defense) in connection with any claim arising from or related to (a) your Content, (b) your use of the Service, (c) your connection to the iHOUSEweb Websites, (d) your violation of these Terms, (e) your violation of any third party rights, and (f) your engagement of iHOUSEweb to copy a website that you provide or insert images that you supply. This defense and indemnification obligation will survive this TOS and your use of the Service. iHOUSEweb may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving iHOUSEweb without iHOUSEweb's consent.

21. DISCLAIMER OF WARRANTIES
YOUR USE OF THE IHOUSEWEB WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE IHOUSEWEB WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IHOUSEWEB AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.IHOUSEWEB AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT THE IHOUSEWEB WEBSITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE IHOUSEWEB WEBSITES OR THE SERVER THAT MAKES THE IHOUSEWEB WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IHOUSEWEB MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE IHOUSEWEB WEBSITES OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY IHOUSEWEB TECHNOLOGY.ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS SO OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IHOUSEWEB OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS, OR THROUGH OR FROM THE IHOUSEWEB WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.IHOUSEWEB IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE WEBSITES, PLATFORM, APPLICATIONS, OR WEBSITES.IHOUSEWEB MAKES NO REPRESENTATIONS NOR DOES IT PROVIDE ANY WARRANTIES AS IT RELATES TO ITS WEBSITE PLATFORM'S COMPLIANCE WITH RELEVANT ACCESSIBILITY STANDARDS INCLUSIVE OF THE WCAG 2.0/2.1 AA.

22. LIMITATION OF LIABILITY
EXCEPT AS REQUIRED BY APPLICABLE LAW, IHOUSEWEB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE "IHOUSEWEB PARTIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF GOODWILL, LOSS OF USE, LOSS OR CORRUPTION OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IHOUSEWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OF OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT.THE IHOUSEWEB PARTIES' TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES THAT YOU HAVE PAID TO IHOUSEWEB FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR WRITTEN NOTICE TO IHOUSEWEB OF YOUR CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS (US$500).

23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS SET FORTH IN SECTIONS 21 AND 22. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

24. ARBITRATION AND GOVERNING LAW; CLASS ACTION WAIVER
You agree that any and all claims arising from or relating to these Terms or any product or service provided by iHOUSEweb shall be subject to binding arbitration under the Federal Arbitration Act ("FAA"). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, your agents, employees, contractors, or affiliates and others providing or receiving any product or service related to these TOS. However, at the election of any party, a court of competent jurisdiction may adjudicate any request for injunctive relief, but all other claims will first be decided by arbitration.A single arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association ("AAA"), Judicial Arbitration and Mediation Service ("JAMS"), or other similar arbitration service provider acceptable to iHOUSEweb to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com. While the FAA and relevant arbitration rules will govern procedural issues, these Terms shall be governed by, and construed in accordance with, the substantive laws of the State of California, U.S.A., without reference to the conflict of laws rules thereof.Unless otherwise agreed by the parties, the arbitration shall take place in Sacramento, California, where iHOUSEWeb has its principal place of business. Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. The arbitration provision may be severed or modified if necessary to render it enforceable.YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS). You acknowledge and agree that you are waiving any right to bring representative claims on behalf of a class of individuals and that more than one person's claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

25. Notice to Users in California
Please notify us if you have concerns or issues. You may contact us at: support@ihouseweb.com. You may also contact us at:

iHOUSEweb, Inc.
801 Riverside Ave, Suite 203
Roseville, CA 95678

Additionally, under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

26. MODIFICATION
iHOUSEweb may modify these Terms at any time. If it does so, iHOUSEweb will provide you notice of such modification. Your continued use of iHOUSEweb's products or services after such notification shall constitute client's agreement to the modified TOS. If you do not agree to the modified TOS, you may cancel as provided for in this TOS.

27. MISCELLANEOUS
If any provision of these Terms is held to be invalid or unenforceable by any court or governmental entity of competent jurisdiction, then such provision will be severed from these Terms or modified to the minimum extent necessary to bring it into conformity with applicable law, and all remaining provisions of these Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by You arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. All rights and obligations which by their nature survive termination or expiration of these Terms shall remain in full force and effect following such termination or expiration. Captions to sections of this TOS have been included solely for the sake of convenience and are entirely without substantive effect.

Effective June 2020

Terms of Service

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