Last Revised: February 2018

PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE YOU USE THE WEBSITE, AS DEFINED BELOW. YOU AGREE THAT THESE TERMS OF USE WILL APPLY TO YOU IF YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE WEBSITE. 

These terms of use are entered into by and between you and HouseRater, LLC (“HouseRater”, “Company”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”), govern your access to and use of www.houserater.com (the “Site”), including any content, functionality and services offered on or through the Site and your use of the downloadable software application or software services offered as HouseRater, or the other software, hardware and connectivity services to host, operate, maintain, support, and allow you to use the software services (collectively the “HouseRater Sites”). The HouseRater Sites are offered and available to users who are 18 years of age or older. By using the HouseRater Sites, you represent and warrant that you are of legal age to form a binding contract with the Company. These Terms of Use govern your use of the HouseRater Sites regardless of how you access or use them. If you do not meet all of these requirements, you must not use the HouseRater Sites.

By accessing and using the HouseRater Sites you are deemed to have accepted these Terms of Use. Your acceptance of these Terms of Use in exchange for permission to use the HouseRater Sites creates a binding agreement between you and the Company. 

These Terms of Use include the Company’s privacy policy (the “Privacy Policy”) presented below. The Privacy Policy contains additional terms and conditions related to the Company’s collection, use and disclosure of information in connection with your use of the HouseRater Sites. The Company may change the Privacy Policy at any time by posting an updated Privacy Policy on the Site. If you continue to use the HouseRater Sites after the Company changes the Privacy Policy, you agree to the terms and conditions of the updated Privacy Policy.

We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all use of the HouseRater Sites thereafter. You are responsible for regularly reviewing these Terms of Use, and your continued use of the HouseRater Sites following the posting of revised Terms of Use means that you accept and agree to the changes. 

We reserve the right to withdraw or amend HouseRater Sites, and any content, functionality and services we provide on the HouseRater Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the HouseRater Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the HouseRater Sites, or the entire Site, to users, including registered users.

You are responsible for:

To access the HouseRater Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the HouseRater Sites that all the information you provide on the HouseRater Sites is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the HouseRater Sites, is governed by our Privacy Policy, available below and you consent to all actions we take with respect to your information consistent with our Privacy Policy. All information we collect on the HouseRater Sites is subject to our Privacy Policy. 

We have the right to disable any user name, password, or other identifier, whether created by you or provided by us, at any time if, in our opinion, you or another person for whom you are responsible have violated any provision of these Terms of Use.

When you use the HouseRater Sites, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating your prior express written consent to be contacted by us regarding HouseRater products and services via automated technology. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the HouseRater Sites and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

In order to use the HouseRater Sites, you are required to use the Internet, and appropriate computing equipment. You may incur costs or be charged fees by third-parties for such use and you agree you are solely responsible for and shall pay such other costs and fees separate from HouseRater software fees. You may be subject to separate third-party terms and conditions for using the Internet, or computing equipment.

These Terms of Use commence when you first access and utilize the HouseRater Sites and continue until termination by the Company or you (the “Term”). Upon termination of these Terms of Use, all rights granted to you by these Terms of Use immediately terminate and you must immediately stop using the HouseRater Sites.The Company may terminate these Terms of Use at any time. You may terminate these Terms of Use at any time by stopping your use of the HouseRater Sites.

During the Term, the Company will use commercially reasonable efforts to make the HouseRater Sites available for you to use according to these Terms of Use. The HouseRater Sites may not be available for you to use (a) when the Company is performing routine maintenance, system updates, scheduled downtime, or emergency maintenance, (b) as a result of a Force Majeure Event (defined below), or (c) if the Company denies you access to the HouseRater Sites pursuant to these Terms of Use.

The HouseRater Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HouseRater, LLC, or its affiliates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the HouseRater Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the HouseRater Sites.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the HouseRater Sites in breach of the Terms of Use, your right to use the HouseRater Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the HouseRater Sites or any content on the HouseRater Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the HouseRater Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. and international copyright, trademark and other laws.

The Company name, the Company logo, “HouseRater”, and all related names, logos, product and service names, designs and slogans, in any form, are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the HouseRater Sites are the trademarks of their respective owners.

During the Term, the Company hereby grants to you the limited, non-exclusive, non-transferable, non-sublicensable license to use the HouseRater Sites subject to these Terms of Use. All rights not expressly granted to you in these Terms of Use are reserved by the Company. The Company, in its sole discretion, may terminate your license to the HouseRater Sites at any time without notice. All rights not expressly granted to you by these Terms of Use are reserved and retained by the Company or licensors, suppliers, rightsholders, or other content providers. You shall not use the HouseRater Sites to copy, modify, create derivative works from, distribute, make available, display, publish transmit, download, reverse engineer, decompile, disassemble, or access the source code of the HouseRater Sites. You shall not use the HouseRater Sites in any way that infringes the Company’s rights to its Intellectual Property. You shall not allow any third-parties to use the HouseRater Sites. You may use the HouseRater Sites only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Terms of Use.

The HouseRater Sites cannot be made perfectly secure, reliable, or stable and the processing of data may include human and machine errors, omissions, downtime, delays, and losses, including inadvertent loss or corruption of data, which may give rise to losses or damage. The HouseRater Sites may be vulnerable to a wide variety of risks stemming from physical and cyber threats that may attempt to steal, disrupt, or destroy registration data, payment information, or other information, data, or money from you or the Company. You shall adopt reasonable measures to limit your exposure to such potential losses and damage, including by using strong passwords, secure Wi-Fi connections, monitoring your financial information or credit reports, and maintaining your own back-up copies of all data transmitted to and in connection with your use of the HouseRater Sites. The Company shall ensure that information is collected, processed, transmitted, maintained, and used in accordance with these Terms of Use and shall take measures in its reasonable judgment to attempt to protect the privacy and security of information.

You may use the HouseRater Sites only for lawful purposes and in accordance with these Terms of Use. 

We do not warrant the accuracy, completeness or usefulness of this content. Any reliance you place on such content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to the HouseRater Sites, or by anyone who may be informed of any of its contents. The HouseRater Sites may include content provided by third parties. Any statements and opinions expressed in content provided by third parties is solely the responsibility of the third party and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

We may update the content on the HouseRater Sites from time to time, but their content is not necessarily complete or up-to-date. We may, but are not obligated to, notify you of any changes to the HouseRater Sites. Any of the content on the HouseRater Sites may be out of date at any given time, and we are under no obligation to update such material. 

All transactions for the sale of services made through the HouseRater Sites or as a result of visits made by you may be processed by an authorized third party and subject to the third party’s terms and conditions, which we are not obligated to provide to you. Additional terms and conditions provided by us may also apply to specific portions, services or features of the HouseRater Sites. All such additional terms and conditions provided by us are hereby incorporated by this reference into these Terms of Use, unless those terms and conditions expressly state otherwise.

If the HouseRater Sites contain links to other sites and resources provided by third parties, such links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the HouseRater Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites, which may or may not be posted on those websites and which we are not obligated to provide to you.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the HouseRater Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE HOUSERATER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE HOUSERATER SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES ARE AT YOUR OWN RISK. THE HOUSERATER SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HOUSERATER SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HOUSERATER SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE HOUSERATER SITES, THEIR CONTENT OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT HOUSERATER SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE HOUSERATER SITES OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY 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.

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

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HOUSERATER SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE HOUSERATER SITES OR ANY WEBSITES LINKED TO THEM OR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE HOUSERATER SITES OR ANY WEBSITES LINKED TO THEM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 of Use or your use of the HouseRater Sites, including, but not limited to, any use of the HouseRater Sites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the HouseRater Sites. 

All matters relating to the HouseRater Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the HouseRater Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, “RELATED PARTIES”), BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUES, SAVINGS, GOODWILL, OR DATA ARISING OUT OF OR RELATING TO THE SERVICES, DATA, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE HOUSERATER SITES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY OR RELATED PARTIES EXCEED THE LESSER OF THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR YOUR USE OF THE HOUSERATER SITES OR ONE THOUSAND DOLLARS ($1,000.00) FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE HOUSERATER SITES, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE HOUSERATER SITES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.

THE FOREGOING LIMITATIONS ON LIABILITY DOES NOT APPLY TO ANY LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

ALL MATTERS, DISPUTES, OR CLAIMS THAT ARISE FROM OR RELATE TO YOUR USE OF THE HOUSERATER SITES OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OTHERWISE SUCH CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use 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 of Use will continue in full force and effect. 

The Company may assign these Terms of Use at any time without your consent.

The terms, conditions and obligations of these Terms of Use will inure to the benefit of the Company and its successors and assigns.

The Company will not be liable for any failure or delay in performance caused by reasons beyond its reasonable control, including acts of God, acts of any governmental authority, strikes or labor disputes, acts of war or terrorism, fire, severe weather or natural disasters, or other similar events (each a “Force Majeure Event”). Without limiting the foregoing, Company will not be responsible for any loss or unavailability of the HouseRater Sites, registration data, personal information or other information that results from a cause over which it does not have direct control, including failure of electronic or mechanical equipment, computer viruses, unauthorized access, theft, operator errors, fiber optic cable cuts, interruption or failure of telecommunication or digital transmission links, Internet failures or delays, or other similar events. The foregoing notwithstanding, you agree and acknowledge that under no circumstances will your lack of funds or inability to access funds or similar circumstances be considered a Force Majeure Event under this subsection. 

The HouseRater Sites are operated by the Company. All feedback, comments, requests for technical support and other communications relating to the HouseRater Sites or these Terms of Use should be directed to www.houserater.com.

Last Revised: February 2018

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOUSERATER’S POLICIES AND PRACTICES REGARDING YOUR INFORMATION. IF YOU DO NOT AGREE WITH HOUSERATER’S PRIVACY POLICIES AND PRACTICES REGARDING YOUR INFORMATION, DO NOT USE HOUSERATER’S SERVICES, WEBSITE OR APP. BY USING HOUSERATER’S SERVICES, WEBSITE OR APP, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.

HouseRater (“HouseRater,” “we,” “us,” or “our”) offers a mobile application based home energy rating platform (the “Service”) and uses other software, hardware and connectivity services to host, operate, maintain, support, and allow you to use the Service in compliance with this privacy policy (this “Privacy Policy”). 

HouseRater is committed to protecting the privacy of your information, including nonpublic personal information, through HouseRater’s compliance with this Privacy Policy. This Privacy Policy describes the types of information HouoseRater may collect from you when you use the Service, visit the website www.houserater.com (the “Site”), utilize HousedRater’s related mobile application (the “App”), and HouseRater’s practices for collecting, processing, transmitting, maintaining, using, protecting, and disclosing that information. This Privacy Policy is incorporated by reference into HouseRater’s Terms of Use, which are applicable to the Service, the Site and the App. Capitalized terms in this Privacy Policy that are not defined in this Privacy Policy have the definition provided in the Terms of Use.

This Privacy Policy applies to information HouseRater collects:

HouseRater may change this Privacy Policy at any time. Your continued use of the Site or App after HouseRater makes changes to this Privacy Policy is your consent to those changes. Please check this Privacy Policy periodically for updates. 

In general. We receive and store any information you enter on our Site and App or give us in any other way. Information we collect or you provide to us is collectively referred to in this Privacy Policy as “Your Information.” Your Information expressly includes information that can identify you (“Personal Information”), including, but not limited to information:

You can choose not to provide information to us, but, in general, some information about you is required in order for you to register as a member, use the Service, ask us a question, or initiate other transactions on our Site or App.

HouseRater also collects non-personal information that you provide to us as follows:

We also may use standard data tracking technologies to collect automatic data such as the following:

HouseRater may use Your Information that we collect or that you provide to HouseRater:

HouseRater may disclose aggregated information about HouseRater’s users, and information that does not identify any person or entity, without restriction. 

HouseRater may disclose Personal Information that HouseRater collects or you provide as described in this Privacy Policy:

HouseRater may also disclose your Personal Information:

We may display links on our Site or App which may take you to other websites beyond our control. For example, if you click on a link, the “click” may take you off our Site or App and onto a different website. This may include links from third parties, such as third parties whose link we agree can be displayed on our Site or App. These other websites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We do not control these third parties’ tracking technologies or how they may be used. If you visit a website from a link contained on our Site or App, you should consult that website’s privacy policy before providing any Personal Information as these websites are not owned or controlled by us and we are not responsible for the privacy practices of those websites as they may differ from our privacy practices. We recommend that you read the privacy statement of each website that collects Personal Information, as their privacy statement will govern any Personal Information you submit to those websites. This Privacy Policy applies only to information collected by us or provided to us through our Site or App.

If you create an account through our Site or App, we give you access to a range of information about your account and your interactions with us for the limited purpose of viewing and, in certain cases, updating that information.

The security, integrity and confidentiality of Your Information are important to us. We have implemented reasonable technical, administrative and physical security measures that are designed to protect Personal Information from unauthorized access, disclosure, use and modification. Please be aware though that, despite our efforts, no internet security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

The safety and security of Your Information also depends on you. Where HouseRater has given you (or where you have created) a password for access to certain parts of the Site or App, you are responsible for keeping the password confidential. HouseRater asks you not to share your password with anyone. 

Unfortunately, the transmission of information via the internet is not completely secure. Although HouseRater does its best to protect your information, HouseRater cannot guarantee the security of your information transmitted to the Site, the App or the Service. Any transmission of information is at your own risk. HouseRater is not responsible for circumvention of any privacy settings or security measures contained on the Site or App.

This Privacy Policy is governed by and construed in accordance with the internal laws of the State of Minnesota without regard to its choice or conflict of law provisions.

The Site and App are operated by the Company. All feedback, comments, requests for technical support and other communications relating to the Site, App, Service, or this Privacy Policy should be directed to www.houserater.com.