Terms

Please read these Terms of Use carefully before continuing on with your use of the Services. By accessing and/or using the Services (including without limitation our websites and mobile applications) You are agreeing to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. By registering with or accessing the Service you are acknowledging and accepting these Terms of Use (these “Terms”). Capitalized terms are defined below.

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.

Inhabit Realty LLC (“We”) fully support the principles of the Fair Housing Act and the Equal Opportunity Act.

Some words used in these Terms of Use have a specific definition. You can find these definitions at the end of these Terms of Use.

1. These Terms
This is a legally binding agreement. The terms “you” and “your” refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.

We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.

2. Use of the Service

A. Accounts
You may register, maintain, and create an Account for the Service. You are responsible and liable for all activities conducted in connection with your Account, for maintaining the security of your username and password, and for the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Service through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices. You must be eighteen (18) years of age or older to use the Service.

B. Service Rules
You will use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law. You will not engage in any of the following activities:

• (i) use the Service in violation of any third-party license or agreement;

• (ii) use the Service to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including ‘Protected Health Information’ as defined in the Health Insurance Portability and Accountability Act of 1996);
• (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;
• (iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner’s written permission, including without limitation using automated or manual means to access Content from the Service;
• (v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;
• (vi) scrape or use any automated means to collect data from the Service or any website;
• (vii) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;
• (viii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;
• (ix) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
• (x) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Service;
• (xi) interfere with, disrupt, or overburden the integrity or performance of the Service, or interfere with any other use of the Service;
• (xii) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or
• (xiii) use the Service in any way not expressly authorized by these Terms.

C. Service Changes; Suspension
We may, without prior notice, change the Service, stop or suspend access to any or all of the Service,

or create usage limits for the Service. Your continued use of the Service after any change or limitation constitutes your acceptance thereof.

D. Monitoring; Records
We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including Communications, to ensure compliance with these Terms.

E. User Content and Behavior
Because we do not control Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with Users are solely between you and such Users and we are not responsible or liable with respect to any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. We reserve the right to change, condense or delete any content, information, or other materials on the Service (including your Content).

F. Your Representations You represent and warrant that you:

(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party’s Intellectual Property Rights or violate Applicable Law;

(ii) will not sublicense, sell, license, assign, or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;

(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party;

(iv) are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;

(v) have not signed any agreement with a real estate broker or agent that would prevent you from using one of our offices as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with our representation of you;

(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;

(vii) will not (a) contact the owner or seller of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;

(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where we or others may hold the copyright;

(ix) agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria;

(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;

G. Agent Users
Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other than Agents must immediately advise us before that User may access any password protected material including, without limitation, house listing data or other data compilations. We reserve the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent’s limited purpose of accessing the Website for verifying compliance with MLS rules.

H. Property Data Restrictions
In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS’s copyright to such data.

3. Licenses

A. License to You
Subject to these Terms, we grant you a non-exclusive, non-sublicenseable, nontransferable, limited

right, solely during the term of the Agreement, to access and use the Service solely for your non- commercial purposes related to searching for real estate for personal use.

B. License to Us
You grant to the us a non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any of your Content to provide, develop, maintain, support, and improve the Service and the Affiliated Entities services.

C. Maps
The Service may feature Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Notice. Such services are not under the control of Affiliated Entities. Please review the terms of use or privacy policies of these services for rights and restrictions.

4. Ownership Rights

A. Our Ownership Rights
As between you and us, (i) we solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks; (ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks; (iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under these Terms; and (iv) any use of Marks by you that is permitted under these Terms will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Service or Marks by any party that is not authorized by these Terms. If you provide us or any affiliate with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.

B. Your Ownership Rights
As between you and us, and subject to Sections 3(B) and 4(A) above, you own all right, title and interest in and to your Content.

5. Data
You agree that the Affiliated Entities, including us, may collect, store, use, and distribute information in accordance with the Privacy Notice, including in respect of your information and data. You will comply with the Privacy Notice. Without limiting the rights contained in the Privacy Notice, You understand and agree that we may use both the data you input into as well as usage data (such as search criteria) to provide and improve our real estate services.

6. Compliance
We do not provide compliance services.You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third-party agreements. You are solely responsible for ensuring compliance with such obligations.

7. Payment
If any amounts are due hereunder, you will pay us in accordance with statements issued by us or otherwise as agreed within the Service. Pricing for any portion of the Service is subject to change upon our notice. Pricing excludes, and you will pay, all taxes, but neither party will pay income taxes of the other party. For any amount you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid, equal to the lesser of (a) the maximum legally permissible interest rate, and (b) an interest rate of five percent (5%), which reflects the cost of our efforts to collect your payment. You will pay amounts through the means determined by us, including without limitation through a payment service provided by us or a PSP. If a PSP is used, you may also be required to register with the PSP, agree to the PSP’s terms of service and privacy policies, and go through a vetting process at the request of the PSP. Please note we are not a party to the PSP’s terms of service and privacy policies and we have no obligations or liability to you under any such terms or policies.

8. NO WARRANTIES
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY , FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US, AND EACH OF THEIR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN OR MLS FEED IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIALITY INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY.

9. LIMITATION OF LIABILITY
IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. OUR LIABILITY TO YOU FOR USE OF AND/OR ACCESSING THE SERVICES OR WEBSITES SHALL IN NO EVENT EXCEED THE GREATER OF THE FEES, IF ANY, YOU HAVE PAID FOR THE SERVICES OR TEN(10)DOLLARS. THEREFORE GOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

10. Indemnification
You will indemnify, defend and hold us, including any Affiliated Entity, harmless from and against any and all Claims to the extent arising out of or in connection with your (i) breach of these Terms; (ii) conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) misuse of the Content or any other misuse of the Service.

11. Third Parties
We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Service to third party service providers, and (b) make available one or more Third Party Products to you in connection with the Service. Third-Party Products may be separately licensed to you by their respective providers. If you access a Third-Party Product from the Service, you do so at your own risk, and the User understands that these Terms and the Privacy Notice do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any Third-Party Product, and we make no representations or warranties of any kind in respect thereof. PLEASE ALSO VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE. ADDITIONALLY, THERE MAY BE LINKS TO THIRD PARTY SITES WHICH ARE NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE.

12. Confidentiality
Recipient may use Disclosing Party’s Confidential Information solely to perform Recipient’s obligations or exercise its rights hereunder. Recipient will not knowingly disclose, or permit to be disclosed, Disclosing Party’s Confidential Information to any third party without Disclosing Party’s prior written consent, except that Recipient may disclose Disclosing Party’s Confidential Information solely to Recipient’s employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms. Recipient agrees to exercise due care in protecting Disclosing Party’s Confidential Information from unauthorized use and disclosure, and in any case will not use less than industry standard security measures and the degree of care a reasonable person would use. The foregoing will not apply to any information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to

disclosure by Disclosing Party; (iii) was properly disclosed to Recipient, without restriction, by another person with the legal authority to do so; (iv) Recipient independently develops without use of Disclosing Party’s Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (vi) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that, where possible, Recipient provides to Disclosing Party prior notice of the intended disclosure and an opportunity to respond or object thereto. Our Confidential Information includes these Terms, our pricing, our Intellectual Property Rights, and the Service. Notwithstanding the foregoing, our obligations under this section are subject to the disclaimers set forth in Section 8 above.

Our obligations with respect to your Confidential Information under these Terms are subject to the Privacy Notice. Please review our Privacy Notice.

13. Termination
These Terms will continue in full effect unless and until your Account or these Terms is terminated as described herein. We may terminate these Terms for convenience upon notice. Upon termination of the Agreement, the rights and licenses granted to you hereunder will immediately terminate. Upon termination of these Terms, you grant to us a non-exclusive, non-sublicenseable, non-transferable, irrevocable, and perpetual license to use the data and information collected by the Service under your Account during the term of these Terms, and to use such data and information in accordance with the Privacy Notice.

14. Third Party Beneficiary
You expressly acknowledge and agree that we have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof, and that we will have the full benefits of these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.

15. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by

you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be nil and void.

16. General

A. Nature of Relationship
The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third-party including services the same as or similar to the Service provided or received in connection with these Terms.

B. MODIFICATION
We may modify any of these terms and conditions at any time, in our sole discretion, by posting the updated Terms. The changes will become effective no sooner than 30 days after posting, please check the Terms from time to time for updates. YOUR CONTINUED USE OF AND/ACCESS OF THE SERVICES OR THE WEBSITES FOLLOWING A CHANGE WILL CONSTITUTE YOUR ACCEPTANACE OF THE CHANGE.

C. AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE:

You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures.If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:

• (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

• (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.

• (3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

 OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at [email protected] and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

Choice of Law/Forum Selection In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of New Jersey or in state court in Morris County, New Jersey.

D. Notices

All notices and other communications to be given to any party hereunder will be sufficient for all purposes hereunder if in writing, properly addressed as set forth below in this section and delivered (a) by hand or courier (delivery of notice deemed to occur upon delivery), (b) if sent electronically on the date delivered to the authorized email address, (c) by overnight delivery service (delivery of notice deemed to occur upon delivery and written confirmation thereof by such service), (d) by certified or registered mail, return receipt requested, with appropriate postage prepaid (delivery of notice deemed to occur upon signature of the receipt by the recipient), or (e) if from us to you, posted to your Account on the date posted. If to us, notices may be sent to [email protected]. If to you, your email and mailing address as identified in our records.

E. Headings; Interpretation
Section headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. As used herein, “including” means “including without limitation.”

F. Severability
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

G. Waiver
A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a

breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.

H. Force Majeure
Except with respect to your payment obligations, neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, in respect of the provision of the Service, failures or delays caused by our service providers, any act of God, sabotage or terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, or any act or omission of government or other competent authorities, including those related to communicable diseases, epidemics, pandemics or other dangers to public health.

I. Entire Agreement
These Terms, and documents incorporated herein, comprises the entire agreement between us and

you and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding its subject matter.

J. Survival
Sections 1, 2(E), 2(F), 2(G), 2(I), 3(B), 4-17 will survive any termination or expiration of these Terms.

Definitions.

• “Account” means the account provided by us that you to manage and access the Service.
• “Affiliated Entities” means, collectively, us, and our parent, subsidiaries, affiliates, and, where applicable, our and their service providers and licensors.
  • “Agent” means a real estate-broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with one of our franchisees.

• “App” means a mobile application that may be provided as part of the Service.
• “Applicable Law” means any statute, law, ordinance, rule, regulation, or requirement of a governmental entity that applies to a party or its business.
  • “Claim” means, collectively, claims, costs, damages, losses, liabilities, Fines, and expenses (including reasonable attorneys’ fees and costs).
  • “Communications” means parts of the Service that includes electronic communications services, and document storage and management services, all as provided by us (or, at your selection, by a third party through a Third-Party Product) for your use.
  • “Confidential Information” means any information that (i) a party (“Disclosing Party”) discloses to the other party (“Recipient”), either directly or indirectly, in writing or orally or by inspection of tangible objects, and (ii) identified as confidential at the time of its disclosure or that should reasonably be understood to be confidential in nature.
  • “Content” means any content, data or information provided by a party for inclusion in the Service or uploaded to, transmitted or submitted by a party through the Service, including Communications.
  • “Documentation” means the technical and operational documentation made available to you by us regarding any portion of the Service.

• “Feedback” means ideas, suggestions, or recommendations on the Service provided by you.
• “Fine” means any and all fines, penalties, refunds, charges, debits, deductions, legal fees and costs incurred by or other sums payable to any party.
  • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
  • “Marks” means an Affiliated Entity’s proprietary trademarks, trade names, and service marks, including registrations and applications for registrations thereof and all renewals, modifications and extensions thereof.

• “MLS Feed” means a local listing service (“MLS”) feed(s) provided through the Service.
• “Privacy Notice” means the Privacy Notice for a Website or App and other portions of the Service, as provided and modified by us from time to time in our discretion.

• “PSP” means a third-party payment service provider selected by us.

• “Service” means our hosted service (including Websites and Apps), software, Documentation, and any services made available to you by us hereunder, all as may be modified by us from time to time in our discretion.
• “Third Party Products” means the third-party applications and/or services, if any, which may be offered, made available or integrated by us to you for use as part of, or in connection with the Service.

• “User” means users of the Service.
• “We,” “our,” and “us” means Inhabit Realty LLC.
• “Website” means a website that may be provided by us as part of the Service.
• “You” and “your” means the individual entering into these Terms with us.

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Privacy

This Privacy Policy applies to Personal Information processed by Inhabit in the course of our business, including, inhabitrealty.com, inhabit.co, the Inhabit Applications, as well as additional sites/applications that link to this Privacy Policy and are operated by our affiliates and subsidiaries (each a “Site“) and the services provided through the Sites (collectively with the Sites, the “Services“).

The terms “Inhabit,” “we,” “us,” and “our” includes Inhabit Realty LLC and our affiliates and subsidiaries.

Please note that unless we define a term in this Privacy Notice, capitalized terms used in this Privacy Notice have the same meanings as in our Terms of Use. By using our Services, you acknowledge that your Personal Information will be handled as described in this Privacy Notice. Your use of our Services and any dispute over privacy, is subject to this Privacy Notice and our Terms of Use, including their applicable terms governing limitations on damages, and the resolution of disputes.

1. Personal Information Collection and Use

This Privacy Policy covers our use of Personal Information. “Personal Information,” means any information that relates to you and can — either on its own or in combination with other information — identify you as an individual. Personal information does not include information that has been de-identified or aggregated such that you can no longer be identified.

The types of information we collect depends on your level of engagement with the Services. The more you interact with the Services, the more information we need to provide the Services. This Section explains how we collect and use personal information based on your level of engagement with the Services.

A. All Users of the Inhabit Sites and Applications

From registered and unregistered users of the Sites, we automatically receive and record information whenever you interact with the Sites. This includes IP address data from our server logs, cookie information, browser information, information about your activity while on the Sites (such as the pages you request, properties that you view or save, and property that you claim), and the URL of the site you came to the Sites from. We also may collect the mobile device ID (such as the ID for Advertising on iOS and Android ID on Android) from users of the Inhabit Applications. If permitted by the settings on your device and/or with your consent, we will also collect your geo-location information. We use this to provide you with location-specific information, such as homes for sale near your current location as determined by your geolocation, and information about listing your home for sale based on your geolocation. We may also approximate your location based on your IP address, to customize your experience on our Sites.

We may also use the information listed above to help diagnose problems and performance with the Services, analyze trends, customize your experience, and administer the Services. We may provide IP addresses to third-parties to help us analyze website user survey data. We may also use the information described in this section to better target information about Inhabit’s Sites and Services, for example, by displaying more accurate or relevant information on our Sites, matching you to a public record listing of a property, tailoring the advertising we display on third party websites and platforms, and sending better targeted and tailored messages, including via email and/or push notifications.

B. Registered Users of the Inhabit Sites and Applications

We are required to collect certain information, including your name and email address, as a condition of our licenses with the multiple real estate listing services (the “MLSs“) in order to allow you to access the full MLS listings. You give us this information when you create your Inhabit account. When you give us this information at one of our events, or upon your request, we will create a Inhabit account for you, and you agree that this Privacy Policy and our Terms of Use apply. In addition, when you are signed into your Inhabit account and using Inhabit through Facebook, Twitter, or any other third-party authorization service, we may make use of the information that they provide us to further customize your Inhabit experience. We may share Personal Information with such third parties to deliver Inhabit tailored content both on our Services and on third party sites (e.g., social media sites).

C. Home Tours, Real Estate Classes, and other In-Person Meetings

When you submit a home tour request, we will ask for your tour date and time preferences, as well as your phone number. We may ask for similar information when you request or attend a home buying or selling class, or when you request or attend a strategy session or similar in-person meeting with a Inhabit agent. We may also ask some questions so that our agent can verify your identity, and such information will be used to register you for a Inhabit account. When you meet up with one of our agents, the agent may ask you to verify your identity and may even ask to see a photo ID.

D. Inhabit Clients

When you are getting ready to buy or sell a home and you start working with our coordinators and agents, you become a Inhabit client. As part of the home purchase or sale process, you will need to provide a lot of information as is customary for a home purchase or sale transaction. This information can include, without limitation, your name, address, phone number, email address, financial or payment information, including without limitation, buyer loan pre-approval documentation and seller property information. We ask you, as a buyer, for loan pre-approvals from a mortgage broker or lender to determine which homes are in your price range and to help you make an offer more quickly when you do find a home. You, as a seller, may be legally required to disclose certain information about your property to prospective buyers. Once you sign a listing agreement or buyer agreement with us, your relationship with Inhabit is governed by that agreement, as well as our online Terms of Useand this Privacy Policy.

E. Communications with Inhabit

Inhabit may collect Personal Information from you such as email address, phone number, or mailing address when you request our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

F. Phone Calls and SMS Text Messages

If you consent to receive calls and SMS text messages from Inhabit, that consent is exclusive to Inhabit and its partners and affiliates, and is collected solely for the purpose of obtaining your permission to call or text you as part of providing you with the Services or to send you marketing messages as described within this Privacy Policy. Message and data rates may apply. You may opt out of receiving SMS text messages at any time. For assistance, please refer to our Terms of Use or this Privacy Policy. Inhabit does not sell your phone number to third parties.

G. Marketing

We may send marketing materials to Inhabit account holders and clients using various communication channels, including without limitation, email, SMS text messages, push notifications, telephone calls, and direct mail. Individuals may also subscribe to Listing Alert Emails or other notifications with information such as customized summaries of homes for sale. Inhabit may send you Inhabit-related news and surveys in accordance with applicable law.

H. Call Recording

We may record any telephone calls between you and our agents or other representatives for training and quality assurance purposes.

I. Surveys

Inhabit may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include Personal Information.

J. Sharing with Friends or Colleagues

Inhabit’s Services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request in accordance with applicable law.

K. Interactive Features

Inhabit may offer interactive features such as chat services, forums, and social media pages. We may collect the information you submit or make available through these features. Any content you provide on the public sections of these channels will be considered “public” and will not be subject to the privacy protections referenced herein.

L. De-Identified and Aggregated Information

We may use Personal Information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, information about the computer or device from which you access our Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Sites and Services. De-identified and aggregated information is not Personal Information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purpose.

M. Conferences and Trade Shows

We may attend or participate in conferences and trade shows where we collect Personal Information from individuals who interact with or express an interest in Inhabit and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.

N. Information We Collect Automatically

We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.

O. Information from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services.

P. Other Uses of Information

In addition to the specific collection and uses listed above, we may use any of the Personal Information we collect for the following business purposes:

• to operate our Sites and provide our Services in accordance with our Terms of Use and/or any other agreement you may have with us;
• to manage your Personal Information and accounts;
• to respond to your questions or inquiries;
• to conduct promotional activities, including contests or surveys;
• to undertake internal research for technological development and demonstration;
• to improve, upgrade or enhance our Sites and Services;
• to send you informational or promotional communications;
• to detect bugs, security incidents (including to protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity);
• for fraud prevention and detection purposes;
• to identify and repair errors that impair existing intended functionality;
• to undertake activities to verify or maintain the quality or safety of a Service, Site or transaction;
• to carry out other purposes that are disclosed to you and/or to which you consent; and
• for any other lawful business operations or business purposes.

2. Personal Information Sharing

While we do not exchange your Personal Information with others for monetary consideration, we may share your Personal Information with the following categories of third parties as part of our Services to you or to assist us in conducting our marketing and advertising, or for other business or commercial purposes listed above in this Privacy Policy.

A. Public Record Information

Please be aware that home sales and purchases may be a matter of public record, and your name and address, the price you paid, your property taxes, and other information may be available from public sites regardless of the brokerage(s), if any, who assist in the transaction. We post on our Sites some information that typically becomes part of the public record of a home sale or purchase.

B. Non-Public Record Information

We share information obtained from you, MLSs and other third-party sources that is not on the public record to facilitate your home purchase or sale transaction. This includes:

• Service Providers to all Inhabit Clients: Our agents work with third parties to process your home search and sale transaction and must share your information with those third parties. Examples include MLSs and providers of software used for document preparation and electronic signing.
• Partner Agents: A Partner Agent is employed by or works with another brokerage and is not a representative or employee of Inhabit. Partner Agents have contracted with us to provide Inhabit-quality service to a wider range of customers. We’ll refer you to a Partner Agent at our discretion. If you are referred to a Partner Agent for your home purchase or sale transaction, we share your information with that Partner Agent so they can assist you. Inhabit is not responsible for the work performed or the services provided by Partner Agents in any manner.
• Home Seller Service Providers: As is customary as your home sales agent, we share your listing information with MLSs and other listing websites, such as Realtor.com, Trulia.com and Zillow.com. As a result, your listing may appear on more than one website. We may also share your listing and contact information with listing vendors such as photographers, home staging experts and home repair professionals like plumbers and electricians, as needed.
• Home Buyer Service Providers: As is customary as your home purchase agent, we must share your buying information with inspectors, title companies, escrow agents, closing attorneys, lenders, and other third parties as needed to process your transaction.
• Potential Buyers: By law, we are required to disclose certain information about your property to potential buyers.

C. Negotiations

We also post price offers and counteroffers on our Sites. We do not post your name on our Sites without your permission, but if the sale is closed, the price and the fact that you bought or sold your house at that price may be a matter of public record.

D. Inhabit Corporate Family

We may share your information with members of the Inhabit family of entities for various purposes, including to: (i) provide the Services to you; (ii) help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; (iii) help with marketing initiatives; and (iii) manage and improve Inhabit products, Sites, Services and tools.

E. Inhabit Requests

Through the Services, you can make a request to tour a home, get in contact with a real estate agent, receive help selling or buying a home, or submit other requests. When you make such a request through Inhabit, you authorize Inhabit to share your Personal Information including your contact information, home search history, favorites and saved searches, with a real estate professional (a Inhabit Agent or staff member, or a Partner Agent) for the purpose of responding to your request.

F. Service Providers

We may share your Personal Information with third-party service providers that assist us in providing the Services. We use reasonable efforts to do so with the appropriate contractual protection in place to ensure that your Personal Information is protected and used only in accordance with this Privacy Policy.

G. Business Partners

We may provide Personal Information to business partners to provide you with a product or service you have requested. We may also provide Personal Information to business partners with whom we jointly offer products or services in accordance with applicable law.

H. Cookies and Similar Technologies

Our Services may use site and app Technologies (including cookies, web-beacons, javascripts, software development kids, and other technologies) to collect and share Personal Information about you, your device, and your use of our Services for any of our business purposes described in this Privacy Policy. These Technologies may include (a) Inhabit cookies we put your device’s browser to help us keep track of when you were last on the Sites, and what you last searched on the Sites, (b) first- and third-party cookies and Technologies for analytics and experience enhancement, such as comScore and Google, to help us analyze how people are using the Services or personalize your experience, and (c) Technologies from the interest-based and other ad providers described immediately below in Section 2.I.(“Targeted and Interest-Based Ad Providers). For information on rights you may have to opt-out of data collection or sharing by such Technologies used on our Services, see Section 3.C. below (“Opting-Out of Technologies and Tracking”).

I. Targeted and Interest-Based Ad Providers

We may share the information that we collect about you with others (including advertising networks and service providers) to tailor and serve you ads on our Services, as well as other websites and social media networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising.” These advertising networks track your online activities over time by collecting information through automated means, including through the use of Technologies (e.g., cookies, web-beacons and other methods). This allows Inhabit to target our advertising to you through demographic, behavioral and contextual means. As a result, you may see ads for Inhabit on other websites and social media.

J. APIs and SDKs

We may use third-party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties, including advertising partners, to collect your Personal Information to provide our Service-related content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.

K. Information Disclosed in Connection with Business Transactions

If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.

L. Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or legal processes (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable.

M. Other Purposes

Inhabit may share your Personal Information for other purposes that are clearly disclosed to you at the time you provide Personal Information or with your consent.

3. Your Choices

A. General

You may have the right to opt in or opt out of certain uses of your Personal Information, as described below. Even if you opt out, we may still collect and use Personal Information regarding your activities on our Sites, Services and/or information from the advertisements on third party websites for other legal purposes as described above in accordance with applicable law.

B. Electronic Messages, Phone Calls and other Communications

If you receive an unwanted email from Inhabit, you can visit the Email Preferences section of your account or use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding the Services or updates to our Terms of Use or this Privacy Policy).

C. Opting-Out of Technologies and Tracking

• Opting Out of Inhabit Interest-Based Advertising: If you do not want Inhabit to collect, use and share information about you to deliver interest-based advertising, please click here and follow the opt-out instructions. Please note that most opt-out mechanisms are cookie-based and will only affect the specific computer and browser that is used to submit an opt-out request. If you have multiple computers or change computers, or use multiple browsers, you will need to submit opt-out requests for each such computer or browser. In addition, if you delete, block or otherwise restrict cookies, you will need to renew the opt-out choices to ensure that any opt-out cookies remain effective.
  
  We may also share information that we collect from you, such as your email (in hashed form) with LiveRamp Inc. LiveRamp may convert your information into a code that can be shared with advertising companies to enable interest-based and targeted advertising. To opt out of this use, please click here.
• Opting Out of Interest-Based Advertising Generally: The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Please note you must separately opt out in each browser and on each device.
• Google Analytics: We use the Google Analytics service to provide us with demographic data about our users on a de-identified basis. This Google service uses a cookie that can be recognized by Google or its affiliate DoubleClick when you visit other websites. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google Analytics’ collection and use of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
• Browser Solutions for Disabling Cookies: If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. The Help portion of the toolbar on most browsers will tell you how to prevent your device from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Sites who disable cookies will be able to browse the Sites, but some features may not function.
• Opting Out of Mobile Device ID Tracking: We may use the information that we collect about you (whether directly from our Sites, from our Applications, through your device(s), or from a third party) to help us and our third-party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our third-party service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. Mobile device users may opt out of receiving some interest-based advertising in their mobile apps by following the instructions for Android and iOS. Please note that precise instructions may vary by device.
• Do Not Track: Do Not Track (“DNT“) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

D. Mobile Devices

We may send you push notifications through the Inhabit mobile application. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. Inhabit may also collect location-based information if you use our mobile applications. You may opt-in or opt-out of this collection by changing the settings on your mobile device.

E. Delete your Account

You may delete your Inhabit account on your account page under “Close Account” section. We retain Personal Information for as long as we have a valid business purpose to or to meet our legal obligations. Inhabit may be required to keep a copy of your Personal Information in accordance with Section 5 below.

4. Monitoring of our Services

We may monitor any and all use of our Services, and may capture and retain information and records reflecting your activity on our Services for our business purposes. This may include all of the “Information We Collect Automatically” described in Section 1.M. above, server logs, cookie information, browser information, your communications with Inhabit or otherwise sent or submitted using our Service, and any other information about your activity or actions while on or using the Services (such as, without limitation, the pages you view, links you click or other actions you take with your mouse, videos you watch while on our sites, properties that you view or save, property that you claim, and the URL of the site you came to the Services from).

The Technologies used in connection with our Services (such as cookies, web-beacons, javascripts, software development kids, and others) described above in Section 2.H. (“Cookies and Similar Technologies”), may also collect the foregoing information reflecting your use of and activity on our Services, or may enable our third-party service providers or partners to collect such information. Similarly, we may disclose any of the information we capture by monitoring the activity on our Services to one or more third parties for our business purposes. Further, if you interact with chat functionalities on our Services, what you enter may be captured and retained by us and our third-party partners for our business purposes. If you type information into forms or other fields on our Services, what you enter may be captured and retained by us and our third-party partners for our business purposes.

By using our Services, you consent to our monitoring of our Services. If you do not consent to the monitoring of our Services described here, you should not use our Services.

5. Individual Rights in Personal Information

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; and (vi) request erasure of Personal Information held about you by Inhabit, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.

We will process such requests in accordance with applicable laws. To protect your privacy, Inhabit may take steps to verify your identity before fulfilling your request.

6. Personal Information Retention

Inhabit retains the information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

7. Personal Information Storage and Security

Inhabit is headquartered in the United States. You agree that we may store and process the information we collect anywhere in the world, including but not limited to, the United States.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.

8. Additional Information for California Residents

California Privacy Notice Provisions

This section of the Privacy Policy provides additional information for California residents (“consumer” or “you”) and applies to “Personal Information,” as defined by the California Consumer Privacy Act 2018, as amended by the California Privacy Rights Act 2020 (the “CCPA”), whether collected online or offline. This section describes our information practices and any rights you may have regarding your Personal Information pursuant to the CCPA.

Categories of Personal Information We Collect

For purposes of this section, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Please note that Personal Information does not include:

• Publicly available information, such as information lawfully made available from government records, information we have a reasonable basis to believe is lawfully made available to the general public by you or by widely distributed media, or by a person to whom you have disclosed the information and not restricted it to a specific audience;
• Deidentified or aggregated information; and
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

The following identifies the categories of personal information we collect about you (and have collected in the prior 12 months), as enumerated by the CCPA. Depending on how you use the Services, we collect the following categories of personal information through our Services:

• Identifiers. Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, Social Security, or other similar identifiers.
• Commercial information. Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, Social Security, or other similar identifiers.
• Internet or other electronic network activity. Browsing history, search history, information on a consumer’s interaction with an internet website, application, or advertisement.
• Geolocation data. Precise geolocation information derived from a device.
• Audio, electronic, visual, or similar information. Includes audio, electronic, visual, or similar information, photographs, and images (e.g., that you provide us), call recordings (e.g., of customer support calls), and other visual or similar information you provide via our Services.
• Inferences. Such as inferences drawn from any of the information described in this section reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
• Sensitive personal information. In limited circumstances, we may collect social security numbers, driver’s license, and precise geolocation.

Categories of Sources from Which Personal Information is Collected

Depending on how you interact with our Services, we generally collect the categories of Personal Information listed above from the following categories of sources:

• directly from the consumer;
• from our affiliates and business partners, including Partner Agents;
• from advertising networks;
• from operating systems and platforms;
• from data brokers;
• from third parties, and
• from publicly available sources, including government records.

Retention of Personal Information

Inhabit retains the Personal Information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws. Rather than delete your Personal Information, we may also deidentify or it by removing identifying details. If we deidentify the data, we will not attempt to reidentify it.

Business or Commercial Purposes for Collecting and Disclosing Personal Information

We may use and disclose the Personal Information we collect for the following business purposes, as more fully described above:

• To operate our Sites and provide our Services in accordance with our Terms of Use and/or any other agreement you may have with us;
• To manage your Personal Information and accounts;
• To respond to your questions or inquiries;
• To conduct promotional activities, including contests or surveys;
• To undertake internal research for technological development and demonstration;
• To improve, upgrade or enhance our Sites and Services;
• To send you informational or promotional communications;
• To detect bugs, security incidents (including to protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity);
• To undertake activities to verify or maintain the quality or safety of a Service, Site or transaction;
• To carry out other purposes that are disclosed to you and/or to which you consent;
• To conduct financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions, and to maintain appropriate business records and enforce company policies and procedures;
• To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings; and
• To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

Disclosures of Personal Information for a Business Purpose

We may disclose your Personal Information to the third parties or others as described above in this Privacy Policy, for any of the business purposes described above in this Privacy Policy.

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information in our role as a business for a business purpose:

• Identifiers;
• Commercial information;
• Internet or other electronic network activity information;
• Geolocation data;
• Audio, electronic, visual or similar information;
• Inferences; and
• Sensitive personal information

Sensitive Personal Information

Our collection, use, and disclosure of Sensitive Personal Information is generally limited to what is reasonable and proportionate for the following purposes:

• To perform the services or provide the goods as reasonably expected by you;
• To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of sensitive Personal Information that is stored or transmitted;
• To resist malicious, deceptive, fraudulent, or illegal actions directed at Inhabit and to prosecute those responsible for those actions;
• To ensure the physical safety of you and others;
• For short-term, transient uses;
• To verify your information, provide customer support, or provide similar services; and
• With respect to a service or device that is owned, manufactured, manufactured for, or controlled by Inhabit, to verify or maintain the quality or safety, improve, upgrade, or enhance the service or device.

Sales and Sharing of Personal Information

The CCPA defines “sale” broadly as “disclosing or making available Personal Information to a third party in exchange for monetary or other valuable consideration,” and “sharing” as “disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising.” While we do not disclose personal information to third parties in exchange for monetary consideration, we may be considered to be “selling” or “sharing” certain categories of Personal Information to third parties through our use of ad companies, analytics providers, and social networks (through third party tags on our Sites) to improve and measure our ad campaigns and reach users with more relevant ads and content.

The categories of Personal Information that we may have “sold” or “shared” in the prior twelve (12) months include:

• identifiers;
• internet or other electronic network activity information;
• geolocation information; and
• inferences.

The categories of third parties under the CCPA to whom we have disclosed this information are:

• data analytics providers;
• advertising networks; and
• social networks.

We do not sell or share Personal Information about individuals we know are under age sixteen (16).

Your CCPA Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. Subject to certain exceptions, consumers have the right to make the following requests:

Right to Know/Access. You have the right to request (up to twice per year subject to certain exemptions), free of charge, that we disclose information about our collection and use of your Personal Information, including:

• The categories of Personal Information we collected about you;
• The categories of sources from which the Personal Information is collected;
• The business or commercial purpose for collecting or selling that Personal Information;
• The categories of third parties with whom we disclose Personal Information; and
• The specific pieces of Personal Information we have collected.

Right to Correct. Subject to certain conditions and exceptions, you have the right to request that we correct inaccuracies in your Personal Information.

Right to Delete. Subject to certain conditions and exceptions, you have the right to request that we delete your Personal Information. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Right to Opt-Out of Sales and Sharing. To exercise your right to opt-out of the “sale” or “sharing” of your Personal Information, please visit our Do Not Sell or Share My Personal Information page here.

You also have the right to opt-out of “sales” and “sharing” of your Personal Information through the use of an opt-out preference signal. If our Site detects that your browser or device is transmitting an opt-out preference signal, such as the “global privacy control”—or GPC— signal, we will opt that browser or device out of cookies on our Site that result in a “sale” or “sharing” of your Personal Information. If you come to our Site from a different device or from a different browser on the same device, you will need to opt-out, or use an opt-out preference signal, for that browser and/or device as well.

Please note that, if you have entered your email address on our site, to fully opt-out of “sales” and “sharing” of Personal Information you will also need to use the LiveRamp opt-out tool by clicking here.

Right to Limit Use and Disclosure. We do not engage in uses or disclosures of “sensitive personal information” that would trigger the Right to Limit Use of Sensitive Personal Information under the CCPA.

Right to Non-Discrimination. We will not discriminate against you in terms of price or service level for exercising any of the rights described in this section.

Exercising Your CCPA Rights 

If you are a California resident and would like to exercise your CCPA rights, you may do so via any of the methods described below:

• Emailing us at [email protected]
• Calling us at 1-844-759-7732
• Filling out our webform.

Authorized Agent. You may designate someone as an authorized agent to submit requests and act on your behalf. Authorized agents will be required to provide proof of their authorization in their first communication with us, and we may also require that you directly verify your identity and the authority of your authorized agent.

Businesses operating as an authorized agent on behalf of a California resident must provide both of the following:

• (1) Certificate of good standing with its state of organization; and
• (2) A written authorization document, signed by the California resident, containing the California resident’s name, address, telephone number, and valid email address, and expressly authorizing the business to act on behalf of the California resident.

Individuals operating as an authorized agent on behalf of a California resident must provide either of the following:

• (1) A notarized power of attorney signed and dated by the California resident naming the authorized agent as the California resident’s representative; or
• (2) A written authorization document, signed by the California resident, containing the California resident’s name, address, telephone number, and valid email address, and expressly authorizing the individual to act on behalf of the California resident.

We reserve the right to reject (1) authorized agents who have not fulfilled the above requirements, or (2) automated CCPA requests where we have reason to believe the security of the requestor’s personal information may be at risk.

Verification. Before responding to your request, we must first verify your identity using the Personal Information you recently provided to us. You must provide us with your full name, email address you used to contact us, and your address (if applicable). We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request more information to verify your identity or where necessary to process your request. If we are unable to verify your identity after a good faith attempt, we may deny the request and, if so, will explain the basis for denial.

California “Shine the Light” Disclosure

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Sites and Services who are California residents to request, once per calendar year, certain information regarding our disclosure of Personal Information (if any) to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below. Please include in your request a current California address and your attestation that you are a California resident.

9. Additional U.S. State Privacy Disclosures

If you live in Colorado (effective July 1, 2023), Connecticut (effective July 1, 2023), Utah (effective December 31, 2023), or Virginia (effective January 1, 2023), you may have these rights:

• (1) The right to confirm whether Inhabit is processing your Personal Information, and to access your Personal Information.
• (2) The right to request we correct inaccuracies in your Personal Information.
• (3) The right to request we delete your Personal Information.
• (4) The right to request a copy of the Personal Information you provided to us.
• (5) The right to opt out of (i) processing of your Personal Information for targeted advertising purposes, (ii) the sale of your Personal Information, and (iii) profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise rights (1) through (4), please contact us at [email protected]. For right 5(iii), please note Inhabit does not use Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effects. Therefore, the consumer rights that apply to such decisions are not applicable to Inhabit.

Inhabit does not sell your Personal Information for monetary consideration; to the extent that our data sharing for targeted advertising purposes constitutes a “sale” under the above state privacy laws, click the link provided immediately above if you wish to exercise your opt-out rights.

Depending on your state of residence, you may have the right to appeal our decision to refuse to act based on your request. To do so, please contact us at [email protected] and attach or include information related to your original request.

10. Other Important Information

A. Children

Our Sites and Services are not directed to children under 13 (or other age as defined by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us at the email address below with the subject line “COPPA Child Information Request.” If we learn that we have collected any Personal Information from a child in violation of applicable law, we will promptly take steps to delete such information.

B. Supervisory Authority

If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.

C. Links to Third Party Sites/Applications

The Services may contain links to other websites/applications and other websites/applications may reference or link to our Sites or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. Inhabit does not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.

D. Changes to this Privacy Policy

Inhabit may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law, which may include updating our notice on our Sites. You understand that you will be deemed to have accepted the updated Privacy Policy if you continue to use the Services after the new Privacy Policy takes effect.

E. Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

Inhabit
Attn: Legal Dept
1645 Palm Beach Lakes Blvd Ste 1200
West Palm Beach, FL 33401

[email protected]

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