PURPOSE OF hulilly.com

The purpose of hulilly.com is to allow users to access to real estate data. To gain access to this data you must submit certain personal information. This information will be used by hulilly.com to help you in the trial estate transaction process. To ensure value to you, you agree that you will provide accurate and complete information.

TERMS OF USE

By using hulilly.com, you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may revise the Terms at any time without prior notice, which are posted on our website, www.hulilly.com.

hulilly.com offers a service to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of hulilly.com services (“Services”). You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify hulilly.com of any unauthorized use of your password or account or any other breach of security. hulilly.com cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.

CUSTOMER SUPPORT

Customer support is generally provided by telephone (1-800-830-9085), Monday through Friday, between 9AM and 4PM CST. Technical support requests relating to errors in, or the improper functioning of, the services are provided at no cost by hulilly.com.

APPROPRIATE CONDUCT

You understand that all information, data, text, email, listings, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. hulilly.com reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via hulilly.com services. You understand that you use hulilly.com services at your own risk. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using hulilly.com services and for any consequences thereof. You agree to use hulilly.com services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts hulilly.com services or servers or networks connected to hulilly.com services.

In addition to this agreement, your use of some specific hulilly.com services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.

Notwithstanding anything to the contrary herein, hulilly.com does not make any representation or warranty with respect to compliance with any applicable law or regulation for the Services provided or regarding any fees or payments made by or imposed on any co-marketer. You acknowledge and agree that it is your obligation to conduct your activities in compliance with all applicable laws and regulations including, without limitation, the federal Real Estate Settlement Procedures Act and its implementing regulations.

hulilly.com PRIVACY POLICY

By using hulilly.com services, you acknowledge and agree that hulilly.com may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of hulilly.com, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of hulilly.com services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.

What information do we collect? We collect information from you when you register on our site, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address or phone number. You may, however, visit the majority of our site anonymously.

What do we use your information for? Any of the information we collect from you may be used in one of the following ways:

– To personalize your experience
(your information helps us to better respond to your individual needs)
– To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties, for example primary sponsors on our site, who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance: Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Children”s Online Privacy Protection Act Compliance: We are in compliance with the requirements of COPPA (Children”s Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Your Consent: By using our site, you consent to our privacy policy.

PROPRIETARY RIGHTS

hulilly.com Rights: You acknowledge and agree that hulilly.com services, and any necessary software code (“Software”) used in connection with hulilly.com services, contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. Except as expressly authorized by hulilly.com or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Services or Software, in whole or in part except as specifically authorized in a separate written agreement.

Subject to the Terms, you agree not to access hulilly.com services by any means other than through the interface that is provided by hulilly.com for use in accessing hulilly.com services except as specifically authorized in a separate written agreement. Except as expressly authorized by hulilly.com you agree not to use, copy, imitate, or incorporate any trademark, service mark, certification mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter hulilly.com or any third party’s copyright notice, trademarks, certification marks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the hulilly.com services or Software.

Your Rights: hulilly.com claims no ownership or control over any Content submitted, posted or displayed by you on or through hulilly.com services, but once submitted, posted, or displayed by you, you grant hulilly.com the perpetual right to use the content in conjunction with any hulilly.com products and services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through hulilly.com services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through hulilly.com services which are intended to be available to the members of the public, you grant hulilly.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on hulilly.com services for the purpose of displaying, distributing and promoting hulilly.com services. hulilly.com reserves the right to syndicate Content submitted, posted or displayed by you on or through hulilly.com services and use that Content in connection with any Services offered by hulilly.com. hulilly.com furthermore reserves the right to refuse to accept post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.

GRANT OF USE

Except as expressly set forth in this Agreement, no rights are granted to do any of the following, and you shall not, and shall not cause or allow anyone else, to do any of the following: (a) use, display, access, distribute, transfer, alter, or modify the Content, or otherwise create any derivative works of the Content, (b) download, distribute, export, deliver, or transmit any of the Content, including to any computer or other electronic device, (c) sell, grant access to, or sublicense the Content, or any portion of the Content, to any third party. You agree to take all reasonable steps necessary to protect the Content from unauthorized access, distribution, copying or use. Additionally, you agree to never use crawlers, rogue bots, site scrapers or any automated script/software or method that attempts to mine the listing content on your own or any other accounts in the system. You acknowledge that we may block access to our servers and/or membership, and if misuse is discovered, your account will be immediately terminated without prior notice, and without refund of any payments made to hulilly.com.

MLS DATA SERVICES

hulilly.com provides certain services that are provided in part by third party Multiple Listing Services (MLS). Your use of such services is subject to the terms and conditions set forth by each individual MLS supplier; in most cases, you must be an active member of the MLS in order to participate in MLS Data Services provided by the MLS and hulilly.com. You are also solely responsible for any fees charged by the MLS data supplier. hulilly.com and/or the MLS data supplier will provide you with all necessary documentation, contracts and fees required to participate in the MLS data services. hulilly.com will cooperate with your local MLS to modify your web pages to comply with your local MLS rules and regulations. hulilly.com is not responsible for the accuracy, completeness, functionality, usability, availability or merchantability of the MLS data services provided by third party MLS data suppliers. The use of MLS data services is strictly at your own risk and there is no guarantee or implied warranties provided by hulilly.com.

MODIFICATIONS TO SERVICE

hulilly.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, hulilly.com services (or any part thereof) with or without notice. You agree that hulilly.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of hulilly.com services.

LINKS

hulilly.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. hulilly.com may have no control over such sites and resources and you acknowledge and agree that hulilly.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that hulilly.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INDEMNITY

You agree to hold harmless and indemnify hulilly.com, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “hulilly.com and Partners”) from and against any third party claim arising from or in any way related to your use of hulilly.com services, violation of the Terms or any other actions connected with use of hulilly.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, hulilly.com will provide you with written notice of such claim, suit or action.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF hulilly.com SERVICES IS AT YOUR SOLE RISK. hulilly.com SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, hulilly.com AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

hulilly.com AND PARTNERS DO NOT WARRANT THAT (i) hulilly.com SERVICES WILL MEET YOUR REQUIREMENTS, (ii) hulilly.com SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF hulilly.com SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH hulilly.com SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF hulilly.com SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 hulilly.com OR THROUGH OR FROM hulilly.com SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT hulilly.com AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF hulilly.com OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE hulilly.com SERVICES; (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 hulilly.com SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON hulilly.com SERVICES; OR (v) ANY OTHER MATTER RELATING TO hulilly.com SERVICES.

EXCLUSIONS AND LIMITATIONS

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15, WHICH ARE LAWFUL IN YOUR JURISDICTION, WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.

NOTICE

You agree that hulilly.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on hulilly.com services.

GENERAL INFORMATION

Entire Agreement: The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and hulilly.com and govern your use of hulilly.com services, superseding any prior agreements between you and hulilly.com for the use of hulilly.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other hulilly.com services, partner services, third-party content or third-party Software.

Choice of Law and Forum: The Terms and the relationship between you and hulilly.com shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and hulilly.com agree to submit to the personal and exclusive jurisdiction of the courts located within Hennepin County, Minnesota.

Waiver and Severability of Terms: The failure of hulilly.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

The section headings in the Terms are for convenience only and have no legal or contractual effect.