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Terms of Use

Revised: November 01, 2018

1. ACCEPTANCE OF TERMS

MyHouseBy Innovation, Inc., (“MyHouseBy”) connects home builders with consumers, allows consumers to browse, customize (if desired), and select various home designs, and facilitates consumers’ ultimate selection of a construction contractor through access to and use of its proprietary website and associated domains of http://www.MyHouseBy.com, the online platform accessible from the website, and i MyHouseBy’s related mobile applications, if any (“Mobile Apps”), as each may be updated from time-to-time, including any successor websites, domains, platforms, and mobile applications (collectively, the “Services”). Any access to or use of the Services is subject to the terms and conditions in this Terms of Use (“TOU”). MyHouseBy may, at its discretion, update this TOU at any time. You can access and review the most current version of this TOU at the URL for this page or by clicking on the “Terms of Use” link within the Services or as otherwise made available by MyHouseBy.

PLEASE REVIEW THIS TOU CAREFULLY, INCLUDING: (A) SECTION 21 – BINDING ARBITRATION AND CLASS ACTION WAIVER, (B) SECTION 21 – LIMITATION OF LIABILITY, AND (C) SECTION 16 – INDEMNIFICATION. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE MYHOUSEBY SYSTEM, YOU AGREE TO BE BOUND BY THIS TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOU, YOU MAY NOT ACCESS OR USE THE MYHOUSEBY SYSTEM, AND YOU MUST UNINSTALL ANY COMPONENTS OF THE MYHOUSEBY SYSTEM FROM ANY DEVICE OWNED OR CONTROLLED BY YOU.

THIS TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOU OR YOUR ACCESS TO OR USE OF THE MYHOUSEBY SYSTEM, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOU (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 21 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

You represent, warrant and covenant that you are: (i) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of your country of residence or any other applicable jurisdiction.

2. OTHER AGREEEMENTS

Your access to and use of the Services is subject to the MyHouseBy Privacy Policy located at https://myhouseby.com/privacy-policy/ and any usage guidelines or other policies relating to the Services posted or otherwise made available to you by MyHouseBy (collectively, “Additional Terms”). The Additional Terms are part of this TOU and are hereby incorporated by reference, and you agree to be bound by the Additional Terms.

3. Grant of Rights

(a) MyHouseBy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Services

(b) To the extent that the Services provide access to any online software, applications or other similar components, MyHouseBy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only within the Services and only in the form found within the Services.

(c) MyHouseBy may, but is not obligated to, make available Mobile Apps. To the extent that MyHouseBy makes any Mobile Apps available, MyHouseBy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install, run and use the Mobile Apps on a mobile device that you own and control, in executable, machine-readable, object code form only.

(d) All rights granted to you under this TOU are subject to and conditioned on your compliance with this TOU and all Additional Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.

4. IOS MOBILE APPS

(a) If any Mobile App is downloaded by you from the iTunes App Store (each, an “iOS Mobile App”), the license in Section 3(c) with respect to such iOS Mobile App is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service.

(b) With respect to any iOS Mobile App, you and MyHouseBy acknowledge that this TOU is concluded between you and MyHouseBy only, and not with Apple Inc. (“Apple”), and Apple is not responsible for iOS Mobile Apps and the contents thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to iOS Mobile Apps. MyHouseBy, not Apple, is responsible for addressing any claims from you or any third party relating to iOS Mobile Apps or your possession and/or use of iOS Mobile Apps, including product liability claims, any claim that iOS Mobile Apps fail to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. Apple and Apple’s subsidiaries are third-party beneficiaries of this TOU with respect to iOS Mobile Apps, and Apple shall have the right (and will be deemed to have accepted the right) to enforce this TOU against you as a third-party beneficiary hereof with respect to iOS Mobile Apps. MyHouseBy, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any intellectual property infringement claim attributable to iOS Mobile Apps.

5. THIRD PARTY SOFTWARE

Some components of the Services may be provided with or have incorporated into them third-party software (“Third-Party Software”), which may include software licensed under “open source” or other licenses approved by the Open Source Initiative. MyHouseBy is not the author or owner of Third-Party Software, and this Agreement does not govern access to, or use of, Third-Party Software. You acknowledge and agree that: (i) MyHouseBy has no proprietary interest in any Third Party Software; (ii) to the extent permitted by applicable law and notwithstanding the anything to the contrary in this TOU, any Third Party Software is provided “AS IS” with all faults, and neither the licensor of such Third-Party Software nor MyHouseBy shall be liable for any direct, indirect, incidental, or consequential damages related to such Third Party Software or the use thereof; and (iii) such Third-Party Software may be subject to separate license restrictions and obligations set forth in the respective license agreements related to such software.

6. Support

MyHouseBy is not obligated to provide you any support for the Services, and this TOU does not entitle you to any support for the Services.

7. PERSONAL INFORMATION; REGISTRATION; ACCOUNT

(a) You acknowledge and agree that by your access or use of the Services, MyHouseBy may receive certain information about you, including personal information, and MyHouseBy may collect, use, disclose, store and process such information in accordance with the MyHouseBy Privacy Policy

(b) MyHouseBy may enable you to access and browse the Services without registering, but some features may not be accessible unless you register. In registering for the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Services’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyHouseBy reasonably suspects that you have done so, MyHouseBy may suspend or terminate your account.

(c) You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify MyHouseBy immediately of any unauthorized use of your account or password or any other similar breach of security.  You acknowledge that MyHouseBy is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords.

(d) If your account remains inactive for 12 months or longer, MyHouseBy reserves the right to suspend or terminate your account, with or without notice to you, and delete Your Content (as defined in Section 8(a)), all without liability to you.

8. RESPONSIBILITY FOR CONTENT

(a) You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Services, whether publicly posted or privately transmitted, (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not MyHouseBy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Services (“Your Content”), and other users of the Services, and not MyHouseBy, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Services (“User Content”).

(b) You acknowledge and agree that MyHouseBy has no obligation to pre-screen Content (including Your Content and User Content), although MyHouseBy reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, MyHouseBy shall have the right to pre-screen, reject, or remove any Content from the Services.

(c) You acknowledge and agree that MyHouseBy has no obligation to back up Your Content, and that you are solely responsible for backing up Your Content.

(d) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in this TOU with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party, or the copyright, trademark, right of privacy, right of publicity or any other right of any other party.

9. RIGHTS TO CONTENT

(a) MyHouseBy does not claim ownership of Your Content. However, you grant MyHouseBy and its service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to (i) provide access to the Services to you and other users (including any maintenance, calibration, diagnostic, and troubleshooting); and (ii) monitor and improve the Services. To the extent you have made Your Content accessible to others through the Services, you acknowledge and agree that MyHouseBy may continue to make Your Content accessible to others through the Services even after you have deleted your user account or the applicable portion of Your Content from your user account.

(b) You acknowledge and agree that MyHouseBy may collect or generate Aggregate Data in connection with providing you with access to the Services, and you hereby grant MyHouseBy and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Aggregate Data for any lawful purpose. “Aggregate Data” means Your Content that has been aggregated or otherwise de-identified in a manner that does not reveal any personal information about you or your affiliated business associates and cannot reasonably be used identify you or your affiliated business associates as the source of such data.

(c) You acknowledge and agree that the technical processing and transmission of data associated with the Services, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(d) Except with respect to Your Content, you acknowledge and agree that, as between you and MyHouseBy, MyHouseBy owns all rights, title and interest (including all intellectual property rights) in the Services, and all improvements, enhancements or modifications thereto, including all Content and other materials therein. The Services are protected by U.S. and international copyright, trademark, patent and other intellectual property laws and treaties. MyHouseBy reserves all rights not expressly granted to you.

(e) Except with respect to Your Content and subject to the limited rights expressly granted to you in Section 3, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Services; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the Services; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Services for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by MyHouseBy; (v) rent, lease, lend, sell or sublicense the Services or otherwise provide access to the Services as part of a service bureau or similar fee-for-service purpose; (vi) remove or obscure any proprietary notice that appears within the Services; or (vii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

10. USER CONDUCT

In connection with your access to or use of the Services, you shall not:

(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

(b) impersonate any person or entity, including MyHouseBy personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(d) act in a manner that negatively affects the ability of other users to access or use the Services;

(e) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;

(f) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Services, or substantially download, reproduce or archive any portion of the Services;

(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Services, including your user account and password; or

(i) violate any applicable local, state, provincial, federal or international law or regulation.

11. FEES

You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Services. Some features of the Services are free to use, but fees may apply for premium features and other components. If there is a fee listed for any portion of the Services, by accessing or using that portion, you agree to pay the fee. Your access to the Services may be suspended or terminated if you do not make payment on time or in full.

12. FEEDBACK

If you elect to provide or make available to MyHouseBy any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Feedback”), you hereby grant MyHouseBy a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

13. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

Your dealings with advertisers and other third parties, including home designers and builders, who market, sell, buy or offer to sell or buy any goods or services on the Services, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that MyHouseBy shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.

14. LINKS AND EXTERNAL MATERIALS

The Services or users of the Services may provide links or other connections to other websites or resources. You acknowledge and agree that MyHouseBy does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that MyHouseBy shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.

15. MODIFICATIONS TO THE SERVICES

MyHouseBy reserves the right to modify, suspend or discontinue the Services or any product or service to which it connects, with or without notice, and MyHouseBy shall not be liable to you or to any third party for any such modification, suspension or discontinuance. MyHouseBy may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services or related services (“Updates”). MyHouseBy may develop Updates that require installation by you before you continue to access or use the Services or related services. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device and its operating system.

16. INDEMNIFICATION

You shall indemnify, defend and hold MyHouseBy and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “MyHouseBy Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of: (a) Your Content; (b) your violation of this TOU, any law or regulation, or any rights (including intellectual property rights) of another party; or (c) your use of the Services.

17. DISCLAIMER OF WARRANTIES

(a)  YOUR USE OF THE MYHOUSEBY SYSTEM IS AT YOUR SOLE RISK. THE MYHOUSEBY SYSTEM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYHOUSEBY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(b) MYHOUSEBY PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE MYHOUSEBY SYSTEM WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE MYHOUSEBY SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (iii) THE INFORMATION, CALCULATIONS AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE MYHOUSEBY SYSTEM WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE; OR (IV) ANY DESIGNS ACCESSED, MODIFIED OR PROVIDED THROUGH THE MYHOUSEBY SYSTEM WILL BE ACCURATE OR COMPLETE.

(c) ALL CONTENT MADE AVAILABLE THROUGH THE MYHOUSEBY SYSTEM IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY AND COMPLETENESS OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL DATA AND RESULTS SUBMITTED TO OR OBTAINED FROM THE MYHOUSEBY SYSTEM BEFORE TAKING ANY ACTION BASED UPON SUCH DATA OR RESULTS, INCLUDING MAKING ANY PAYMENTS OR COLLECTING ANY AMOUNTS BASED THEREON.

18. LIMITATION OF LIABILITY

(a)  THE MYHOUSEBY PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE MYHOUSEBY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE MYHOUSEBY PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOU OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE MYHOUSEBY SYSTEM EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO MYHOUSEBY FOR ACCESS TO THE MYHOUSEBY SYSTEM WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE APPLICABLE CLAIM(S).

(b) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19.  TERMINATION

(a) If you violate this TOU, all rights granted to you under this TOU shall terminate immediately, with or without notice to you.

(b) Upon termination of this TOU for any reason: (i) you must immediately uninstall and cease using the Services; (ii) MyHouseBy, in its sole discretion, may remove and discard Your Content and delete your user account; (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOU shall survive such expiration or termination; and (iv) all rights granted to you under this TOU shall immediately terminate, but all other provisions shall survive termination.

20. GOVERNING LAW

This TOU shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are specifically excluded from application to this TOU.

21.  BINDING ARBITRATION AND CLASS ACTION WAIVER

22.  ALL CLAIMS (AS DEFINED IN section 1) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS AGREEMENT AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN SECTION 1) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 21 REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, you and MyHouseBy may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 21.

If MyHouseBy implements any material change to this Section 21, such change shall not apply to any Claim for which you provided written notice to MyHouseBy before the implementation of the change

23.  LEGAL COMPLIANCE

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

24. U.S. GOVERNMENT ENTITIES

This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services include “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOU with respect to the such items, and any access to or use of the Services by the United States Government constitutes: (a) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.

25. NO THIRD-PARTY BENEFICIARIES

You agree that, except for MyHouseBy Parties and as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU.

26. PROCEDURE FOR MAKING CLAIMS OF COYRIGHT INFRINGEMENT

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide MyHouseBy’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MyHouseBy’s Agent for Notice of Copyright Claims can be reached as follows:

Agent for Notice of Copyright Claims
701 Brazos St. Ste. 1600

Austin, TX 78701

Phone: 512-949-9901
Email: myhouse@myhouseby.com

27.  CALIFORNIA USERS & RESIDENTS

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

28. GENERAL PROVISIONS

This TOU (together with the Additional Terms) constitutes the entire agreement between you and MyHouseBy concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and MyHouseBy with respect to such subject matter. In the event of any conflict between or among this TOU and any Additional Terms to which this TOU refers, the terms and conditions of this TOU shall take precedence and govern.  This TOU may not be amended by you except in a writing executed by you and an authorized representative of MyHouseBy. For the purposes of this TOU, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOU without the prior written consent of MyHouseBy. The failure of MyHouseBy to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOU. Any prevention of or delay in performance by MyHouseBy hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.