Terms of Use

WELCOME TO HOMETEAMS. We (The Brae Software, LLC dba HomeTeams) hope you find it
useful. By accessing or otherwise interacting with our servers, services, websites, mobile app
("App"), or any associated content/postings ("HT"), you agree to these Terms of Use
("TOU") (last updated March 30, 2023). You acknowledge and agree HT is a private application
owned and operated by The Brae Software, LLC. If you are accessing or using HT on behalf of a
friend, family or loved one, you represent and warrant to HT that you have authority to accept
the TOU on behalf of that individual and that that individual agrees to the TOU. If you do not
agree to the TOU, you are not authorized to use HT or download the App. We may modify the
TOU at any time in our sole discretion. You are responsible for periodically checking for changes
and are bound by them if you continue to use HT. Our privacy policy, prohibited listings
(cl.com/about/prohibited), and all other policies, site rules, and agreements referenced below
or on HT, are fully incorporated into this TOU, and you agree to them as well.

 

LICENSE. If you agree to the TOU and (1) are of sufficient age and capacity to use HT and be
bound by the TOU, or (2) use HT on behalf of another, thereby binding that person to the TOU,
we grant you a limited, revocable, non-exclusive, non-assignable license to use HT in
compliance with the TOU; unlicensed use is unauthorized. You agree not to display,"frame"
make derivative works, distribute, license, or sell, content from HT, excluding postings you
create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable
license to use, copy, display, distribute, and make derivative works from content you post.

 

USE. Unless licensed by us in a separate written or electronic agreement, you agree not to use
or provide software (except our App and general purpose web browsers and email clients) or
services that interact or interoperate with HT, e.g. for downloading, uploading,
creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You
agree not to copy/collect HT content via robots, spiders, scripts, scrapers, crawlers, or any
automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful
postings/communications/accounts are prohibited, as is buying or selling accounts. You agree

not to post content that is prohibited by any of HT's policies or rules referenced above
("Prohibited Content"). You agree not to abuse HT's flagging or reporting processes. You agree
not to collect HT user information or interfere with HT. You agree we may moderate HT
access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking,
deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You
agree (1) not to bypass said moderation, (2) we are not liable for moderating or not
moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed
by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell,
publish, distribute, license, sublicense, assign, transfer, or otherwise make available HT or our
application programming interface ("API") (ii) copy, adapt, create derivative works of,
decompile, reverse engineer, translate, localize, port or modify the App, the API, any website
code, or any software used to provide HT, (iii) combine or integrate HT or the API with any
software, technology, services, or materials not authorized by us, (iv) circumvent any
functionality that controls access to or otherwise protects HT or the API, or (v) remove or alter
any copyright, trademark or other proprietary rights notices. You agree not to use HT or the API
in any manner or for any purpose that infringes, misappropriates, or otherwise violates any
intellectual property right or other right of any person, or that violates any applicable law.

 

LIQUIDATED DAMAGES. You further agree that if you violate the TOU, or you encourage,
support, benefit from, or induce others to do so, you will be jointly and severally liable to us for
liquidated damages as follows for: (A) collecting/harvesting HT users' information, including
personal or identifying information - $1 per violation; (B) publishing/misusing personal or
identifying information of a third party in connection with your use of HT without that party's
express written consent - $1,000 per violation; (C) misrepresenting your identity or affiliation to
anyone in connection with your use of HT - $1,000 per violation; (D) posting or attempting to
post Prohibited Content - $4 per violation; (E) posting or attempting to post Prohibited Content
in any paid section of HT - the price per post applicable to that section of HT; (F) sending an
unauthorized/unsolicited email to an email address obtained from HT - $25 per violation; (G)
using HT user information to make/send an unauthorized/unsolicited text message, call, or

communication to a HT user - $500 per text/call/communication; (H) creating a misleading or
unlawful HT account or buying/selling a HT account - $4 per violation; (I) abusing or attempting
to abuse HT's flagging or reporting processes - $1 per violation; (J) distributing any software to
facilitate violations of the USE Section - $1,000 per violation; (K) aggregating, displaying,
framing, copying, duplicating, reproducing, making derivative works from, distributing,
licensing, selling, or exploiting HT content for any purpose without our express written consent
- $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more
than 1,000 pages of HT in any 24-hour period - $0.25 per page during the 24 hour period after
the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts - $4 per
violation. You agree that these amounts are (1) a reasonable estimate of our damages (as
actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting
on our ability to recover under any legal theory or claim, including statutory damages and other
equitable relief (e.g., for spam, we can elect between the above liquidated damages or
statutory damages under the anti-spam statute). You further agree that repeated violations of
the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition
to monetary damages.

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FEES. When you make a paid posting ( cl.com/about/help/posting_fees ), you authorize us to
charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove,
delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.
DISCLAIMER & LIABILITY. To the full extent permitted by law, The Brae Software, LLC and its
officers, directors, employees, agents, licensors, affiliates, and successors in interest ("HT
Entities") (1) make no promises, warranties, or representations as to HT, including its
completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide HT
on an"AS IS" and"AS AVAILABLE" basis and any risk of using HT is assumed by you; (3) disclaim
all warranties, express or implied, including as to accuracy, merchantability, fitness for a
particular purpose, and non-infringement, and all warranties arising from course of dealing,
usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or
conduct of you or any party in connection with HT. HT Entities are NOT liable for any direct,

indirect, consequential, incidental, special, punitive, or other losses, including lost profits,
revenues, data, goodwill, etc., arising from or related to HT, and in no event shall such liability
exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions
restrict or alter these disclaimers and limits, so some may not apply to you.

 

CLAIMS & INDEMNITY. Any claim, cause of action, demand, or dispute arising from or related
to HT ("Claims") will be governed by the internal laws of Washington state, without regard to
conflict of law provisions, except to the extent governed by US federal law. Any Claims will be
exclusively resolved by courts in Benton County, WA (except we may seek preliminary or
injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in
Benton County, WA; (2) indemnify and hold HT Entities harmless from any Claims, losses,
liability, or expenses (including attorneys' fees) that arise from a third party and relate to your
use of HT; and (3) be liable and responsible for any Claims we may have against your officers,
directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed
or controlled by you, or acting for your benefit.

 

TRADEMARKS. The Brae Software, LLC dba HomeTeams "HT"  and the product logo are
registered trademarks with the U.S. Patent and Trademark Office and with multiple trademark
offices around the world.

 

MISC. Unless you have entered into a separate written or electronic agreement with us that
expressly references the TOU, this is the exclusive and entire agreement between us and you,
and supersedes all prior and contemporaneous understandings, agreements, representations,
and warranties, both written and oral. Users complying with prior written licenses may access
HT thereby until authorization is terminated. Our actions or silence toward you or anyone else
does not waive, modify, or limit the TOU or our ability to enforce it. The USE, LIQUIDATED

DAMAGES and CLAIMS & INDEMNITY sections survive termination of the TOU, and you will
remain bound by those sections. If a TOU term is unenforceable, it shall be limited to the least
extent possible and supplemented with a valid provision that best embodies the intent of the

parties. The English version of the TOU controls over any translations. If you reasonably believe
content infringes your IP rights, see cl.com/about/dmca.