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The following Terms of Use are part of all agreements entered into by Home Rewards Inc., and apply to all services offered by Home Rewards Inc. and will govern your (and the entity or company you represent) (the “User”) use of the www.joinhomerewards.com website and/or the Home Rewards Service (the App). The Service is owned and operated by Home Rewards Inc. The Service is offered subject to the User’s acceptance without modification of all of the Terms of Use contained herein and all other operating rules, policies and procedures that may be published from time to time on the Service, by Home Rewards Inc. By using or accessing any part of the Service, User confirms that it, on acquiring a username and a password from Home Reward, has received these Terms of use, that it has read these Terms of Use and that it accepts and agrees to be bound by these, and future amendments of these, Terms of Use. Furthermore, User can consult the Terms of Use at all times on our website. The application of any other general Terms of Use is hereby expressly excluded.

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No Warranties

The Application is provided subject to all of the terms set forth:  Home Rewards does not warrant that: (1) its Application will be constantly available, or available at all; (2) that the information in this Application is complete, true, accurate, or (3) your opt-out choices will be successfully executed in all cases. Home Rewards Inc. does not warrant that the Application is free of defects or errors.

 

Limitations of Liability and Indemnification

THE DOWNLOADING AND/OR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND IN NO EVENT SHALL HOME REWARDS BE LIABLE (WHETHER UNDER THE LAW OF CONTRACTS, TORTS OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES (COLLECTIVELY “DAMAGES”) WHATSOEVER ARISING OUT OF OR RELATING TO THIS APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HOME REWARDS INC, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, AND SETTLEMENTS, INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES RESULTING FROM OR ALLEGED TO RESULT FROM YOUR USE OF THIS APPLICATION.

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Unenforceable Provisions

If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement.

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Ownership of Intellectual Property and Limited License

All intellectual property to this Application, including all application material, is protected by copyright, trademark, or patent laws, and is owned exclusively by Home Rewards Inc. and or its technology vendor. Intellectual property, includes, but is not limited to, computer or software code, scripts, design elements, graphics, interactive features, artwork, text communication, and any other content that may be found on or in the Application. All trademarks, service marks and trade names are owned, registered and/or licensed by Home Rewards. Home Rewards grants to you a worldwide, non-exclusive, royalty-free, revocable license to: download this Application to a mobile device via a web browser or mobile device; use this Application as herein set forth; copy and store this Application and the material on this Application in your web browser cache memory or mobile phone cache memory; print pages from this Application for your own personal and non-commercial use. Home Rewards does not grant you any other rights whatsoever in relation to this Application or the material on this Application. All other rights are expressly reserved by Home Rewards Inc.

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Use and Prohibited Use Restrictions

By downloading the App, you are agreeing that you may use the Application only for your own personal use.  You are strictly prohibited from, and agree that you will not adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute this Application or the material on this Application (in any form or media) without Home Rewards’ prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on this Application.

 

Enforcement of Copyright and Protection of Intellectual Property

If Home Rewards Inc. discovers that you have used its copyrighted or other protected materials in contravention of the terms of the license above, Home Rewards Inc. may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs. If you become aware of any use of Home Rewards copyright or protected materials that contravenes or may contravene the terms of the license above, immediately report this by first-class mail to Home Rewards Inc., 10100 Park Cedar Rd Charlotte NC 28210, care of Legal Department.

 

Governing Law and Dispute Resolution

This Agreement shall be governed by and shall be construed in accordance with the laws of the State of North Carolina, excluding its choice of law rules. All disputes relating to this Agreement shall be settled in the courts located within the Mecklenburg County, North Carolina.

 

Privacy Statement

This privacy policy governs your use of the software and mobile app application Home Rewards (“Application”) for mobile devices that was created for Home Rewards Inc. The Application is proximity-based mobile marketing, advertising and rewards application for businesses to enhance their customers shopping experience.

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What Information does the Application obtain and how is it used?

 

User Provided Information

The Application obtains the information you provide when you download and register the Application. Registration with us is optional. However, please keep in mind that you may not be able to receive your rewards or use some of the features offered by the Application unless you register with us.

 

When you register with us and use the Application, you generally provide (a) your name, email address, username, password and other registration information; (b) transaction-related information, such as when and where you make a purchase, respond to any offers, download or use applications from us; (c) information you provide us when you contact us for help; information for purchase and use of the Application, and; (e) information you enter into our system when using the Application; (f) location information.

 

We and/or the Builders you visit or your Realtor may also use the information you provide us to contact you from time to time to deliver important information, required notices and marketing promotions.

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Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

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Do third parties see and/or have access to information obtained by the Application?

Data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement. We may disclose User Provided and Automatically Collected Information: as required by law, such as to comply with a subpoena or similar legal process; when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; with our trusted service providers who work on our behalf, that do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement. Home Rewards may also share collected information with the approved Builders or their vendors you visit while the App is in use and/or the Realtor and/or Lender you are registered with. If Home Rewards is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified by a prominent notice on our Website of any change in ownership or use of this information, as well as any choices you may have regarding this information.

 

What are my Opt-out rights?

You can stop all collection of information by the Application easily, by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

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Data Retention Policy, Managing your Information

We will retain User-provided data for as long as you use the Application and for a reasonable time thereafter. We will retain automatically collected information and thereafter may store it in aggregate.

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Children

We do not use the Application to knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us. We will delete such information from our files within a reasonable amount of time.

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Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees, contractors who need to know that information in order to operate, develop or improve our Application, our approved Builders, their Lenders and your Realtor. Please be aware that, although we strive to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

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Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here.  You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

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Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed and stored there under United States privacy standards.

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Contact Us

If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us. www.joinhomerewards.com.

Disclosure and Disclaimer

The Application provided by Home Rewards Inc. is provided “as is” without warranty of any kind. Home Rewards Inc., its vendors, or customers expressly disclaim any warranty regarding the Application including any implied warranty of merchantability, fitness for a particular purpose, or for failure of performance. Home Rewards Inc. does not warrant that the Application will be free from defects or errors. You agree that downloading and use of the Application is at your own risk and that Home Rewards is not responsible for any damages or losses whatsoever resulting from your downloading or use of, or your reliance upon, the Application. By downloading the Application, you expressly agree to hold Home Rewards Inc. harmless from any loss, harm, injury, or damage whatsoever resulting from or arising out of your use of the Application.