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Terms of Service

These Terms of Service (“Terms”) govern users’ access to and use of the Hown website and mobile application (“Hown” and “Service”). Before using this Service, please read these Terms carefully, and contact us with any questions at contact@hown.app. By accepting these Terms and accessing this Service, you agree to be bound and abide by these Terms and Hown’s Privacy Policy, available at www.hown.app/policies/privacy/, and our Community Guidelines, available at www.hown.app/policies/guidelines/. If you do not agree to any of the terms or conditions set out in these policies and guidelines, you must neither accept these Terms nor access this Service.

1. Our Service

This Service is intended to help users share and discover properties of interest. Using your data, Hown provides you with content that is relevant to your interests, creating a personalized experience that is going to be unlike anyone else’s. Some of the content that Hown promotes may be generated by our advertisers. Hown will try to personalize this content for you; however, Hown is not responsible for, nor does Hown endorse this content.

Subject to these Terms and other applicable policies, Hown grants you a revocable, limited, non-exclusive, non-transferable license to access and use this Service for its stated purposes.

No other use of the Service is permitted. You may not, for example, incorporate the information, content, or other material from the Service in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products on or from this Service.

Your use of this Service is at your own risk, including the risk that you might be exposed to content that you may consider offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

2. Who Can Use This Service

Hown provides this Service to create a welcoming and safe community built around sharing and discovering properties. To access this Service, Hown requires that you make the following commitments:

3. Accessing This Service and Account Security

When creating an account, Hown asks you to provide certain information. A condition of your use of this Service is that all the information you provide is true, accurate, current, and complete, and that you update your information as necessary to maintain its truth and accuracy.

You agree that all information you provide to register your account (including, without limitation, your credentials) is in accordance with these Terms (including the Content Standards), our Privacy Policy, and our Community Guidelines, and you consent to all actions Hown takes with respect to your information consistent with our policies and guidelines.

You are solely responsible for keeping your account credentials secret and secure. You acknowledge that your account is personal to you and agree not to provide any other person with access to your account, including your credentials or other security information. You agree to notify us immediately of any unauthorized access to or use of your credentials, or any other breach of security at contact@hown.app.

You are responsible for any activity that occurs on or through your account. You may create only one account, and you are not permitted to share your credentials, give access to your account to others, or transfer your account to anyone (without our express written permission).

You agree to (a) immediately notify Hown of any known or suspected unauthorized use(s) of your credentials or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your credentials or credit card information; and (b) ensure that you exit from your account at the end of each session.

4. Prohibited Behavior and Uses of Service

To ensure users are able to fully enjoy this Service, creating an effective community is our foremost priority. Therefore, users are restricted from ever:

5. User Content

While using this Service, users can make contributions (“Content”), including posting photos, videos, comments, media, and other materials. Hown does not claim ownership of any Content that you post on or through this Service. Instead, you hereby grant us a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, display and perform, store, reproduce, modify, create derivative works from, edit or revise or delete in whole or in part, distribute the Content that you post on or through this Service, subject to our Privacy Policy, for the purposes of operating this Service.

You agree that Hown is not responsible for, and do not endorse any Content you post on or through this Service. You understand and acknowledge that you are solely responsible for any Content you post or contribute, and you, not us, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

All User Content must comply with the Content Standards set out in these Terms. Any Content that violates these Terms is the sole responsibility of the author of the Content. Hown does not have any responsibility to monitor, screen, edit or remove any Content; however, Hown reserves the unqualified right to remove any content posted by you on this Service.

These Terms do not limit our legal rights to User Content. Hown has the right to remove or modify User Content at any time for any reason, including User Content Hown believes violates these Terms or any other of our policies.

All User Content posted on or through this Service will be considered non-confidential and non-proprietary and Hown will not be liable for any use or disclosure of this Content.

You warrant that for any posted Content, you own or control all rights in and to the Content and have the right to grant the license granted above to us. Hown is not responsible or liable to any third-party for the Content or accuracy of any Content you post.

6. Monitoring

Hown reserves the right to monitor your Content on the Service. Although Hown may review User Content, it is impossible for us to review all User Content before it is posted on or through this Service, so Hown cannot ensure prompt removal of objectionable material. Accordingly, Hown assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Hown has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. Enforcement

To ensure that User Content meets our standards, Hown reserves the right to:

Without limiting the foregoing, Hown has the right to cooperate fully 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 this Service. YOU WAIVE AND HOLD HARMLESS HOWN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HOWN DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER HOWN OR LAW ENFORCEMENT AUTHORITIES.

8. Terminating Content

Should you delete any of your posted Content from this Service, or following termination or deactivation of your account, Hown will make every effort to remove all of your Content in a timely manner; however, due to technical limitations, some of your Content might remain on this Service and continue to be used, displayed, stored, reproduced, modified, and distributed. For example, your Content may persist if the Content was shared by other users. Hown is not responsible for any failure or delay in posting or removing any Content.

Hown reserves the right to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice and for any reason or no reason whatsoever) any Content you may post on the Service. Your submission of Content does not guarantee that such Content will be posted on this Service, in whole or in part, or will remain posted on this Site for any period of time.

9. Third Parties

This Service includes third-party Content and links to third-party Content (“Third-Party Content”). Hown does not control, endorse, or assume any responsibility for the accuracy, completeness, timeliness or any other aspect to Third-Party Content. Should you access any Third-Party Content, you agree that Hown is neither responsible for nor endorse Third-Party Content, and you acknowledge that you access Third-Party Content at your own risk. You may link or deep-link to this Service or any content contained on it only with Hown’s prior written consent.

10. Ownership Access to a Property Profile

Should you own a property, you can request access to that property’s profile for the purposes of curating the profile pictures and property information, and responding to direct messages sent to that property profile by other Users (“Ownership Access”). However, Ownership Access to a profile does not constitute ownership of the profile, meaning you cannot delete the profile or modify it in a manner not acceptable to Hown.

To claim Ownership Access to a property’s profile, you will be asked to submit appropriate information to Hown for the purposes of verifying your property ownership. Like your personal account, a condition of your use of this Service is that all the information you provide for verifying ownership is true, accurate, current, and complete, and that you update your information as necessary to maintain its truth and accuracy. Further, you warrant that you are the owner of, or the duly authorized representative, for the property. Providing false registration information is a violation of these Terms and could constitute a violation of applicable laws. You are prohibited from submitting inaccurate ownership information, or to claim Ownership Access if you know you don’t meet our eligibility requirements.

Hown reserves the right to modify or terminate your Ownership Access for any reason, without notice, at any time, and without liability to you.

Hown does not claim any ownership of or responsibility for the information you provide to us for the purposes of acquiring Ownership Access to a property profile.

11. Intellectual Property Rights

Hown’s Content, including but not limited to its visual interfaces, interactive features, graphics, designs, or slogans, look and feel, logos, are owned solely and exclusive by Hown and are protected under applicable law. As between Hown and you, you own all of the Content you submit to be posted on to the Service and you hereby grant Hown a royalty-free, perpetual, worldwide, irrevocable, freely transferable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all of this Content, regardless of form, media, software or technology on which it is stored, accessed or displayed. If you provide Hown with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Hown the perpetual, worldwide right to freely use and fully exploit such Feedback and related information in any manner Hown deems appropriate, without royalty or attribution.

You may not remove or modify any copyright, trademark, or other proprietary notices or any disclosures.

12. Changes to these Terms; Termination

Hown may revise and update these Terms from time to time at our sole discretion and without prior notice. All changes are effective immediately when Hown posts them, and apply to all access to and use of this Service.

Your continued use of Hown following the posting of revised Terms means that you accept and agree to the changes. You are responsible for checking these Terms as necessary so you are aware of any changes, as all changes are binding.

Your use of this Service may be terminated by Hown at any time and upon such prior notice as Hown, in its sole discretion, may determine is appropriate or necessary. In the event of any such termination, the provisions that set out the rights of Hown shall survive such termination.

Upon termination, Hown will not return to you any of the Content you have submitted to be posted on the Service.

13. Reliance on Information

Hown’s Content is made available solely for general information purposes. Hown does not warrant the accuracy, completeness, or usefulness of this Content. Any reliance you place on such Content is strictly at your own risk. Hown disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user, or by anyone who may be informed of it.

All statements and/or opinions expressed in User Content posted on or through this Service, other than the Content provided by Hown, are solely the opinions and the responsibility of the authors of this Content. These materials do not reflect the opinion of Hown. Hown is not responsible, nor liable to you or any third-party, for the content or accuracy of any User Content.

14. Changes and Updates to the Service; Advertising; Framing

Hown reserves the right to withdraw or amend this Service at any time and at our sole discretion without notice. Hown will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, Hown may restrict access to some parts of this Service, or the entire Service, to users, therefore you are responsible for making all arrangements necessary for you to have access to Content and to maintain a full backup of your content stored on a device under your control.

Hown may update this Service from time to time, but Hown’s Content is not necessarily complete or up-to-date. Any of Hown’s Content may be out of date at any given time, and Hown is under no obligation to update such material.

By downloading and accessing this Service on a mobile device, you agree that Hown may automatically download and install updates, upgrades, and any additional features to improve its performance, and these Terms will apply to any updates.

Hown may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without notice to you.

You agree not to frame any content in a manner that Hown deems unsuitable, in its sole discretion

15. Information About You

All information Hown collects on users and properties is subject to our Privacy Policy. By using this Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.

16. Geographic Restrictions

Hown is based in the United States. Hown provide this Service for use by only persons located in the United States.

17. Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, HOWN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT AVAILABLE ON THIS SERVICE. HOWN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE OR ACCESSIBILITY PROVIDED ON OUR WEBSITE. HOWN EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR WEBSITE WILL BE ERROR-FREE OR SECURE OR ITS SERVICE PROVIDED UNINTERRUPTED. HOWN FURTHER DISCLAIMS ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR WEBSITE, OR THAT ANY SUCH DATA WILL REMAIN UNCORRUPTED WHILE ON OUR WEBSITE.

NEITHER HOWN NOR ANY PERSON ASSOCIATED WITH HOWN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER HOWN NOR ANYONE ASSOCIATED WITH HOWN REPRESENTS OR WARRANTS THAT THIS SERVICE, ITS CONTENT, OR ANYTHING OBTAINED THROUGH THE SERICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

YOU MAY NOT IMPLY THAT YOUR CONTENT IS IN ANY WAY SPONSORED OR ENDORSED BY HOWN.

18. Limitations on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOWN, ITS SERVICE PROVIDERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND (INCLUDING ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, DEFAMATION, SLANDER, LIABLE, OR INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) UNDER ANY LEGAL THEORY, ARISING OUT OF PAST PRACTICE, COURSE OF DEALING OR USEAGE IN TRADE, DIRECTLY OR INDIRECTLY RELATED TO (1) THE SERVICE; (2) HOWN CONTENT; (3) USER CONTENT; (4) YOUR USE, OR INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (5) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HOWN OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (6) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (7) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (8) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, MALWARE, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION. IN NO EVENT WILL HOWN’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

HOWN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD-PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD-PARTIES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THIS SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19. DMCA Take-Down

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Content on this Service infringes your copyright, you may send Hown a notice, in the form set out under “DMCA Notice” requesting that the content be removed, or access to it blocked.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send Hown a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. DMCA notices and counter-notices sent to Hown must be addressed and sent to Hown, LLC, PO Box 582644, Minneapolis, MN 55458. Hown reserves the right to terminate the account of any user who is a copyright infringer.

20. Indemnification

You agree to defend, indemnify, and hold harmless Hown, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees 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, the attendant Privacy Policy and Community Guidelines or your use of this Service.

You will cooperate as fully required by Hown in the defense of any claim. Hown reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Hown.

21. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to its principles or rules of conflicts of laws. The rights and obligations of the parties under this Agreement shall not be governed by the provisions of the 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

22. Arbitration

All claims and disputes arising out of or related to the Terms of Use or your use of any product or service provided by Hown shall be resolved by binding arbitration on an individual basis. Before either party may seek arbitration, the aggrieved party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Hown should be sent to Hown, LLC, PO Box 582644, Minneapolis, MN 55458, and a Notice to you shall be sent to the email address you have most recently maintained in your account with Hown. After the Notice is received, you and Hown may attempt to resolve the claim or dispute informally. If you and Hown do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. Arbitration shall be conducted by and under the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted by a single, neutral arbitrator at a location in the Minneapolis, Minnesota metropolitan area. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim and award monetary damages. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.

23. General

These Terms, our Privacy Policy, and our Community Guidelines constitute the sole and entire agreement between you and Hown regarding this Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding this Service. References herein to the Terms shall include the Privacy Policy, and our Community Guidelines when appropriate.

No waiver by Hown of any provision set out in these Terms shall be deemed a further or continuing waiver of such provision or a waiver of any other provision, and any failure of Hown to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms 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 will continue in full force and effect.

Your use of the Service does not create a joint venture, partnership, employment or agency relationship with Hown or any of our third party providers.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

You agree not to attempt to access the Service from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to access the Service from one of these countries may result in your access being restricted and/or terminated.

24. Your Comments and Concerns

This Service is operated by Hown, LLC at 100 E. State St., Belle Plaine, Minnesota 56011.

All notices of copyright and trademark infringement claims should be sent to the agent designated above in the manner and by the means set out therein.

All other feedback, comments, requests for support, and other communications relating to this Service should be directed to: contact@hown.app.