HouseFax - TERMS OF USE

(Version Date: May 1, 2019)


Welcome to the HouseFax Terms of Use (“Terms of Use”). The Terms of Use you see below are important because they:
  • Outline your legal rights with regard to using the HouseFax website and mobile applications
  • Explain the rights you give to us when you use the HouseFax Site
  • Describe the rules everyone needs to follow when using HouseFax
  • Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration

The Terms of Use apply to HouseFax, a division of National HouseCheck Corporation, its subsidiaries, affiliates, divisions, contractors and all data sources and suppliers all of which are referred to herein as "HouseFax," “Housefax”, the "Company," "we" or "us". These Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Housefax and otherwise through this site. Please read these Terms of Use, our Privacy Policy (found out Housefax.com/ Privacy-Policy) and any other terms referenced in this document carefully.
INTRODUCTION
The Terms of Use, together with any documents they expressly incorporate by reference, govern your access to and use of the Housefax.com website (the "Website"), including any content, functionality and services offered on or through the Website, and any HouseFax mobile applications (our "Applications" and together with the Website and services we provide through the Website and Applications, our "Site") whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the Site. By visiting the Site, or any page of the Site, and/or by using any HouseFax services provided through the Site, you demonstrate that you (i) have read these Terms of Use, (ii) you understand them, (iii) you are 18 years or older, or you are at least 13 years old and have your parent or guardian’s consent to the Terms of Use, (iv) you live in the United States, (v) you have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws, and (vi) you agree and acknowledge that these Terms of Use do constitute a binding contract between you and Housefax and you will comply with and be bound and abide by these Terms of Use whether or not you create a Housefax account. If you do not want to agree to these Terms of Use, you must not access or use the Site.

HOUSEFAX RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

We have carefully selected third-party service providers that may offer valuable services to you (“Brand Partners"). Unless you are a Brand Partner acting in your professional capacity, you agree to use the Site for your personal use, and your commercial use is limited to transactions done on your own behalf. The commercial use of Brand Partners is limited to providing information to consumers via the Site or, where authorized. Without limitation, lending professionals and institutions are prohibited from using information provided by HouseFax through the Site in making any loan-related decisions. The Site may be used only for transactions involving residential real estate and may not be used for transactions involving commercial real estate, which includes, without limitation, commercially zoned properties, timeshares and vacation rentals. Subject to the restrictions set forth in the following paragraphs, unless you are a Brand Partner, you may copy information from the Site only as necessary for your personal use to view, save, print, fax and/or e-mail such information. You agree otherwise not to reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble or reverse engineer any portion of the Site. By filling out a contact request or other request form on the Site, you authorize HouseFax to provide your name and contact information and other identifying information you provide to Brand Partners. You acknowledge that, by submitting your contact request or other request form on the Site, you may receive calls from or on behalf of Brand Partners at the telephone number(s) you provide, including mobile number(s). The Site may provide phone numbers that can connect you with HouseFax or its Brand Partners. Some of the numbers listed may be routed through a third party service ("Calling Service"). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. In the event that you make a call to HouseFax or through a Calling Service, you consent to such recording and monitoring. HouseFax will treat recorded calls in accordance with its Privacy Policy. ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend these Terms of Use, and any service or material we provide on the Site, at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

You may be required to create an account in order to use some features of the Site. To create a Housefax account, you must use a valid email address registered to you. You may not impersonate any person or entity, or otherwise mislead as to the origin of the content you share with Housefax when you register. You may not use the terms Housefax, HouseCheck or any derivatives or such terms as part of your screenname or username. You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use and comply with them. You are solely responsible for maintaining the confidentiality of any password you use to access your account.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.



INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, photos, images, graphics, video and audio, and the layout and design, selection and arrangement and organization thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Unless you are a Brand Partner, these Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials, in RAM or a temporary internet cache file, incidental to your accessing and viewing those materials.
• You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Except to procure your own personal services, unless a Brand Partner, you must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Systematic retrieval of the materials or other data from this Site to create or compile, directly or indirectly, in whole or in part, a collection, compilation, directory or database without the express written permission of Company is strictly prohibited.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

TRADEMARKS
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that, as determined by us, may harm the Company or users of the Site or expose them to liability.

Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Otherwise attempt to interfere with the proper working of the Site.

USER CONTRIBUTIONS
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and that all of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

CONTENT STANDARDS
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, harassing, violent or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

DIGITAL MILLENIUM COPYRIGHT ACT
It is our policy to respect the intellectual property rights of others. If you are alleging that material available through the Site infringes upon your copyright, we ask that you please submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the address provided below. In order to be effective, the notice must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HouseFax to locate the material.
4. Information reasonably sufficient to permit HouseFax to contact you (e.g., an address, telephone number and an email address.
5. A statement 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.
6. A statement 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.

In the event that materials are removed from the Site by the Company (or access to the material is disabled) and you believe that such material is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, please submit a written counter-notification pursuant to the DMCA. In order to be effective, the counter-notification must include the following:
1. Your physical or electronic signature.
2. 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.
3. 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.
4. Your name, address, telephone number, and, if available, an email address, and a statement that you consent to the jurisdiction of the State of Delaware, and that you will accept service of process from the person who provided notification of the alleged infringement. .

All written notices should be sent to the following: National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702, Attention: Legal Department; Email: legal@housecheck.com. .

RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including without limitation our sharing of your Personal Information with our Brand Partners.

OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. The following sections of these Terms of Use shall survive any termination of these Terms of Use: User Contributions, Information About You and Your Visits to the Site, Links from the Site, Intellectual Property Rights, Trademarks, Disclaimer of Warranties, Liability Limitations/Exclusive Remedy, Governing Law and Jurisdiction, Limitation on Time to File Claims, and Other Terms and Conditions.

LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send e-mails or other communications with certain content or links to certain content on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Site other than the homepage.
• Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. In addition, you agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, including our Brand Partners, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

GEOGRAPHIC RESTRICTIONS
We provide this Site for use only by persons located in the United States. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by U.S. Export Laws. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES

NO WARRANTY. HOUSEFAX PROVIDES THE SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOUSEFAX, ITS VENDORS AND ITS BRAND PARTNERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. HOUSEFAX, ITS VENDORS AND BRAND PARTNERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.

LIABILITY LIMITATION; EXCLUSIVE REMEDY
IN NO EVENT WILL HOUSEFAX, ANY VENDOR OR ANY BRAND PARTNER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOUSEFAX OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCNTINUE USING THE SITE.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors, Brand Partners and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION AND VENUE
MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.
(a) You and HouseFax both agree that any and all disputes or claims arising out of or relating in any way to your use of the Site, including any question regarding the existence, validity, or termination of these Terms of Use, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and HouseFax may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.
(b) Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.
(c) If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to HouseFax, by certified mail, a written notice of your claim that (a) describes the nature and basis of the claim or dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, HouseFax, 950 W. Bannock St., Suite 950, Boise, ID 83702 (“Notice Address”). If HouseFax and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or HouseFax may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form to initiate arbitration at www.adr.org.
(d) The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms of Use and the AAA Consumer Arbitration Rules, the Terms of Use will apply. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Virginia in each case located in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(e) Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.
(f) If your claim is for US$25,000 or less, you and HouseFax agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator. ANY IN-PERSON HEARING WILL OCCUR IN BOISE, IDAHO.
(g) You and HouseFax agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.
(h) Any arbitration will be confidential. Neither you, HouseFax, the AAA nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging of the arbitration award.
(i) You may opt out of this dispute resolution procedure by providing written notice to HouseFax at the Notice Address no later than 30 calendar days from the date of your purchase of any applicable HouseFax services (or date of first use, in the case of free services). Such opt out will apply only to any services that you purchased or used and which you specifically identify in the notice; provided, however, it will not apply either retroactively or prospectively to any other services. If you purchase or use additional HouseFax services in the future and wish to opt out of this dispute resolution procedure for those services, you will have to submit a new written notice. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use, or your ability to purchase or use services, in any way.
GOVERNING LAW
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). JURISDICTION AND VENUE
If for any reason a claim proceeds in court rather than in arbitration or small claims court, including if you opt out of the mandatory arbitration provision, we each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by HouseFax, you and HousFax agree that jurisdiction and venue for all matters relating to these Terms of Use shall be vested exclusively in the state courts in Ida County, Idaho, or the U.S. District Court for District of Idaho.
If any part of this section is found to be unenforceable, the remainder of this section shall still be given full force and effect.


LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and HouseFax with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS
This Website is operated by HouseFax, a division of National HouseCheck Corporation, 950 West Bannock Street, Suite 950, Boise, ID, 83702. Many if not most communications between Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. Please direct all other feedback, comments, requests for technical support and other communications relating to the Site to support@HouseFax.com.