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TERMS AND CONDITIONS

Effective Date: September 15, 2014

THIS SITE AND ITS RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED — USE OF THIS SITE IS DEEMED AS YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

The Services MHITC Provide

My House in the Cloud (MHITC) is a website which enables homeowners to store all information relevant to their house “in the cloud”. MHITC Folders are included for house amenities, receipts, valuables, vendors, documents and insurance. This information is available only to the specific homeowner and is accessed by a unique user name and password. The MHITC website also allows professionals such as real estate agents, lenders and insurance agents, as well as vendors such as potential contractors hired to work on a home, to sign up and enter their contact information which is available on separate directories to the general public

Obligations of professionals and vendors: By creating an account as a professional or a vendor, you represent and warrant that you will use the MHITC website solely for the purposes of inviting previous clients and future prospects to the website as well as displaying accurate information about yourself your services.

Security: While MHITC works to protect the security of all content and account information, it cannot guarantee that unauthorized third parties will not be able to circumvent its’ security measures. Please notify MHITC immediately of any compromise or unauthorized use of your account or information. You are also responsible in maintaining the confidentiality of your account information and ensuring that only authorized individuals have access to your account. You are responsible for all actions taken as well as any content added to your account.

You may delete or update your account information at any time (Please refer to the MHITC Privacy Policy). By using MHITC’s Services and providing it with your email address, you agree that MHITC can send you emails about both current and future services, and you may unsubscribe from such emails through the instructions given in each.

Confidential and Proprietary Information

MHITC does not want to receive personal financial, confidential, or proprietary information from you through its website, excepting for non-personal or personally identifiable information gathered as set forth in the MHITC Privacy Policy. For any payments you may make, information will be processed by a third party vendor and website, the terms of which shall be governed by that websites agreement with your.

By placing information on the MHITC Website you agree it will be deemed non- confidential. By sending MHITC any information or material, you grant MHITC an unrestricted and irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that MHITC is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

Our Rules about Your Content

You are solely responsible for all content you upload for your house’s webpage.

MHITC May Choose to Monitor User Content: MHITC does not approve, control, or endorse eitheryour or anyone else’s User Content, and has no obligation to do so. However, it reserves the right (but assume no obligation) to remove or modify User Content for any reason, at its sole discretion, including User Content which violates the MHITC Terms of Use.

Do Not Violate Others’ Rights : You agree not to post copyrighted material without permission from the owner of the copyright. This includes photographs or other content you upload. You also agree not to disclose confidential or sensitive information.

Links to the MHITC Website: If you desire to provide a hyperlink from your website to the MHITC Website, you must agree to be bound by the terms of its’ Hyperlink License Agreement.

MHITC reserves the right in its sole discretion to edit or remove information or materials provided by you.

Digital Millennium Copyright Act Compliance

In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet Service Providers (17 U.S.C. § 512), MHITC has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, subscribers or account holders who are deemed to be repeat infringers. MHITC does not review its website for compliance, but will take steps to review and terminate if necessary, information in violation of the DMCA.

If you believe that your work has been copied and has been posted to MHITC’s website in a way that constitutes copyright infringement, please provide the MHITC copyright Agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where you claim the infringing material is infringing is located on the MHITC Website;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Before sending a notice to MHITC, please confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for MHITC’s Copyright Agent for notice of claims of copyright infringement is provided to the DCMA Agent listed below.

DMCA Agent:

CDM LAW

Address: : 2145 Blackhawk Plaza Circle, Suite 207 Danville, CA 94506 USA

Phone No.: : (925) 385-8545

Email: : cmcreynolds@cdmlawyer.com

No Warranties

THE MHITC WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR — USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

MHITC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO ITS WEBSITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH MHITC WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although MHITC attempts to ensure the integrity and accurateness of its website, it makes no guarantees whatsoever as to the correctness or accuracy of its website. It is possible that the MHITC Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to its website by third parties. In the event that an inaccuracy arises, please inform MHITC so that it can be corrected. Information contained on MHITC website may be changed or updated without notice.

Indemnification

You agree to defend, indemnify, and hold MHITC harmless from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to anything you post, store, or otherwise transmit on or through the Site or Services or your use of the Site and the Services (“User Content”), including, without limitation, any actual or threatened suit, demand, or claim made against MHITC arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or your violation of the rights of any third party.

Modification of Services

MHITC reserves the right to modify or discontinue, completely or in part, its website, provided services, any user account, or any content appearing therein. MHITC will not be liable to you or any third party if it exercises this right.

Links or Pointers to Other Sites

MHITC makes no representations whatsoever about any other website that you may access though its website. When you access a non-MHITC website, please understand that it is independent from MHITC, and that MHITC has no control over that websites content. In addition, a hyperlink to a non-MHITC website does not mean that MHITC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Contra Costa in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that the remaining Terms and Conditions shall otherwise remain in full force and effect.

No Waiver

MHITC’s failure to exercise or enforce any right or provision of its Terms of Use will not be deemed to be a waiver of such right or provision.

No Third-Party Beneficiaries or Rights

These Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the MHITC website or services will not contain any content that is prohibited by these Terms of Use.

Entire Agreement and Severability

These Terms and Conditions constitute the entire agreement between MHITC and you pertaining to the subject matter of this Agreement. In its sole discretion, MHITC may modify these Terms and Conditions at any time by posting a revised version on its website and you agree that each visit by you to this website is a new transaction governed by the terms of use linked on this website at that time.

If any provision of these Terms of Use is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect.

Limitation of Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of MHITC Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Limitation of Liability

MHITC’s liability shall be limited to the fees paid by you in connection with MHITC’s services.

Arbitration

Any controversy or claim arising out of or relating to these Terms of Use or MHITC Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in San Francisco or Oakland, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either MHITC or you may seek any interim or preliminary relief from a court of competent jurisdiction in Contra Costa County, California, as necessary to protect the rights or property of you or MHITC.