TERMS OF USE FOR NEIGHBORHOODSCOUT.COM AND RELATED SITES

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PORTION OF THIS SITE, OR ANY RELATED SITES. BY VISITING OR USING THIS SITE, OR ANY PAGE OF THIS SITE OR LINK CONTAINED THEREON, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LOCATION INC. GROUP CORPORATION (D/B/A LOCATION, INC. AND/OR NEIGHBORHOODSCOUT.COM) (“LOCATION, INC”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE AS ANY USE BY YOU CONSTITUTES YOUR EXPRESS AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE. LOCATION, INC RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THE TERMS PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF THIS SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

1. General.

This site is owned and operated by LOCATION, INC. LOCATION, INC has the right at any time and in its sole discretion to change or discontinue any aspect or feature of this site, including, without limitation, the site’s content, hours of availability, and equipment needed for access or use of the NEIGHBORHOODSCOUT.com site, any related site, and/or any content, information, reports, and/or data in any way associated therewith or contained therein (the "Site").

By accessing, viewing, and/or using the Site, you shall be bound by and subject to, and LOCATION, INC suggests that you review, the NEIGHBORHOODSCOUT Privacy Policy, Disclaimers, and other information and disclosures, if any, contained on and/or linked to the Site. Please refer to our Privacy Policy for details concerning how LOCATION, INC collects, uses, and discloses information from users who access the Site, users who enroll in a paid membership (“Subscribe”), and/or users who request, enroll in, register for, or otherwise express interest in information, services, and/or products offered on the Site or by our associates (“Register”).

Many, if not most, communications between LOCATION, INC and you will be sent and received electronically. Please refer to our Privacy Policy for details concerning how LOCATION, INC communicates with users who Subscribe or Register. You agree that all agreements, notices, disclosures and/or other communications exchanged between you and LOCATION, INC electronically shall satisfy any legal requirements that such communications be in writing, contain signatures, and otherwise constitute binding obligations.

All services and information are provided electronically, with no transfer, delivery, and/or sale and/or licensing of tangible personal property and/or software whatsoever.

When you Subscribe or Register, you expressly consent to Location, Inc. using: (a) your individual name, (b) the formal or fictitious name of the company, corporation, business, partnership, firm, agency, group, and/or entity on whose behalf you Subscribed or Registered, and/or (c) any testimonial, statement, endorsement, recommendation, and/or comment you submit concerning Location, Inc. or its services, including NeighborhoodScout, for Location, Inc.’s advertisement, marketing, promotional, and/or endorsement purposes, including the fact that you and/or the entity with whom you are affiliated uses Location, Inc.’s services (collectively, “Customer References”). If you have any questions about Location, Inc.’s Customer References policy, please (contact us).

2. Restrictions on Use.

The Site contains proprietary information (including, without limitation, copyrighted material, trademarks, patented and patent-pending data, and other proprietary information), text, data, information, software, photos, graphics, and reports (the "Content"). The Content of the Site, as well as the organization, layout, arrangement and design elements of the Site and each individual page of the Site, are the property of LOCATION, INC and/or its licensors, affiliates, or third parties, and are protected by United States and international copyright, trademark and other applicable intellectual property laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create or attempt to create derivative works, or in any way exploit any of the Site and/or the Content, in whole or in part. No copying, redistribution, retransmission, publication or exploitation (commercial or otherwise) of the Content is permitted without the express written permission of LOCATION, INC or the Content owner. In the event of any permitted copying, redistribution, or publication of the Content, no changes in, or deletion of, author attribution, trademark legend, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing, downloading, or printing the Content (including proprietary/protected material), or by using the Site.

LOCATION, INC offers you access to the Site and to the Content available on the Site solely for your own personal and non-commercial use unless pursuant to a subscription agreed upon by LOCATION INC. You may not resell or make any commercial use of the Site or the Content unless pursuant to a subscription agreed upon by LOCATION INC. You may not make use of any product listings, descriptions, or prices. You may not download or copy any account information for the benefit of any other person, business, merchant, and/or user. You may not make use of any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any of the Content in an unauthorized manner. You may not engage in the practices of "screen scraping," "database scraping," or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Site, in any manner or in any quantities not authorized in writing by LOCATION, INC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including data, ratings, descriptions, images, text, page layout, or form) of LOCATION, INC and/or its licensors, affiliates, and/or other third parties, without prior express written consent. You may not use meta tags or any other "hidden text" utilizing LOCATION, INC, NEIGHBORHOODSCOUT, the Content, or any other proprietary name and/or material, without the express written consent of LOCATION, INC.

Systematic retrieval of the Content or other data from the Site to create or compile, or attempt to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of LOCATION, INC is strictly prohibited.

You may not use the Site and/or the Content in any manner that could damage, disable, overburden, or impair the Site and/or the Content or interfere with any other person's use and enjoyment of the Site and/or the Content.

The provisions of these Terms of Use are for the benefit of LOCATION, INC, its parents, subsidiaries, affiliates, principals, and its third party content providers and licensors, if any, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Illegal and/or unauthorized uses of this Site and/or the Content, including, but not limited to, unauthorized framing of or linking to the Site and/or the Content, or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the Content, will be investigated and appropriate legal action will be taken, including without limitation, civil and criminal proceedings, and proceedings for restraining orders and injunctions. You shall be liable to LOCATION INC for all damages, harm, losses, costs, and/or expenses, including attorneys’ and experts’ fees, incurred in connection with the same.

NeighborhoodScout observes, and requires its Broker Network to strictly adhere to, all federal, state, and local laws related to real estate and housing, including, without limitation, Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act). NeighborhoodScout forbids, does not knowingly participate in, and in no way condones discriminatory housing practices such as steering or the denial of housing based upon race, color, religion, sex, disability, familial status, or national origin.

3. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. NEITHER LOCATION, INC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PRINCIPALS, OWNERS, OFFICERS, DIRECTORS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE AND/OR THE CONTENT WILL BE UNINTERRUPTED, ACCURATE, CONSISTENT, RELIABLE, OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT AND/OR ANY INFORMATION, SERVICE, OR MATERIALS PROVIDED THROUGH THE SITE.

THE SITE AND THE CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU FURTHER EXPRESSLY AGREE THAT THE INFORMATION, RATINGS, DATA AND OTHER CONTENT CONTAINED IN AND/OR PRODUCED ON THE SITE, OR ON ANY PAGE OF THE SITE, IS A WORK OF ART, AND AS SUCH, NO WARRANTIES OR REPRESENTATIONS WHATSOEVER ARE EXPRESSED OR IMPLIED INCLUDING WITH REGARD TO ACCURACY, RELIABILITY, QUALITY OR SUITABILITY OF REFERRAL PARTNERS (INCLUDING OUR BROKER NETWORK), OR THE SUITABILITY OF ANY LOCATION, NEIGHBORHOOD OR AREA FOR THE PURCHASE, INVESTMENT, LEASING, FINANCING, USE, OR RENTING OF REAL PROPERTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL USES OF THE SITE AND THE CONTENT AND ANY LOSSES, COSTS, DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF THE SITE AND/OR THE CONTENT, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LOCATION, INC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES (INCLUDING ANY BUSINESS, ENTITY, AND/OR SOURCE CONTAINED ON AND/OR LINKED TO THE SITE) AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL LOCATION, INC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR THE CONTENT (INCLUDING, WITHOUT LIMITATION, LOCATION INC’S OFFICERS, PRINCIPALS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND/OR LICENSORS) BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE CONTENT OF THE SITE, AND/OR THE USE OF OR INABILITY TO USE THE SITE AND/OR THE CONTENT. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. IN NO EVENT SHALL LOCATION, INC’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WHATSOEVER/WHOMSOEVER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE GREATER OF $1.00 OR THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE AND/OR THE CONTENT, INCLUDING OBTAINING ANY REPORTS, DATA, OR OTHER INFORMATION FROM THE SITE.

4. Indemnification.

You agree to defend (with counsel of LOCATION, INC’s choosing), indemnify, and hold harmless LOCATION, INC and its affiliates and their respective directors, officers, shareholder, principals, employees, licensors, and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of your use of, and/or access to, the Site or any information you obtain from the Site or its Content, including, without limitation, reports, summaries, classifications, and/or rankings.

5. Trademarks and Patents.

All trademarks and service marks of LOCATION, INC and its subsidiaries or affiliates displayed on the Site or expressed or contained anywhere in the Content are subject to state, federal, and/or international trademark protection. Unless expressly authorized by LOCATION, INC, you may not use its trademarks or service marks with any product or service that is not provided by LOCATION, INC, or in any manner that is likely to cause confusion among customers, or that might disparage or discredit LOCATION, INC. All other trademarks appearing on the Site are the property of their respective owners, including third-party providers of products and services with links to and from the Site.

NEIGHBORHOODSCOUT and all other marks are registered trademarks of LOCATION, INC and are all pending or registered in the U.S. Patent and Trademark Office. One or more United States patents and patent applications apply to the Site and/or the Content, including without limitation, U.S. Patent No. 7,043,501. LOCATION, INC’s school rating algorithm is also patent pending. Other patents, copyrights, trademarks and other proprietary and/or intellectual property rights are also pending. Unauthorized use of patented technology, copyright material, service marks/trademarks, and other proprietary and/or intellectual property is strictly prohibited.

6. Third Parties

Any information or content expressed or made available by third parties, including information providers, licensors, advertisers, and users, are those of the respective author(s) or distributor(s) and not of LOCATION, INC.

The Site may contain links to third party web sites with which LOCATION, INC has linking arrangement, but for which LOCATION INC does not maintain control or assume any responsibility whatsoever. The inclusion of such a link does not imply endorsement of such sites by LOCATION, INC or constitute any association and/or joint venture with the operators of such linked sites whatsoever. Any concerns regarding any such third party site, service, or resource, or any link associated therewith, should be directed to the particular service or resource. In addition, LOCATION, INC recommends that you review these sites' terms of use and privacy policies.

LOCATION, INC observes, and expects its Broker Network and other third party providers to strictly adhere to, all federal, state, and local laws, rules and regulations, including, without limitation, those laws related to real estate and housing such as Title VIII of the Civil Rights Act of 1968, as amended (the Fair Housing Act). LOCATION, INC neither knowingly participates in, nor condones, discriminatory housing practices such as steering or the denial of housing based upon race, color, religion, sex, disability, familial status, or national origin. In no event, however, shall LOCATION, INC, or any person or entity associated with LOCATION, INC (including, without limitation, its officers, principals, directors, shareholders, affiliates, employees, contractors, and/or licensors) be liable in contract, tort, or any other legal theory for damages or other losses, including, without limitation, direct, indirect, incidental, special, exemplary, punitive, or consequential, arising out of the use of, referral to, and/or activity concerning, third parties with whom Location, Inc does business, including, without limitation, its Broker Network.

7. Viruses.

LOCATION, INC assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, any computer equipment or other property on account of your access to, use of, or browsing in and/or on the Site or your viewing, printing, and/or downloading of any materials, data, text, images, video, or audio from the Site.

8. Export Control.

Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. Nothing from this Site may be downloaded or exported (1) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. LOCATION, INC does not authorize the downloading or exportation of any information, technical data and/or materials from this Site to any jurisdiction prohibited by the United States Export Laws.

9. Business Associates.

The business associates of LOCATION, INC identified on the Site, if any, are distinct entities and third party or independent contractors of LOCATION, INC, for which LOCATION INC has no obligation or liability whatsoever. The business associates, if any, are not joint ventures or partners of LOCATION, INC. No employee, principal, or representative of the business associates, if any, is under the control of LOCATION, INC and LOCATION, INC has no right or obligation to control, or attempt to control, the same.

10. Changed Terms.

LOCATION, INC has the right at any time to change or modify the terms and conditions applicable to use of the Site and/or the Content, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the Site, or by electronic or conventional mail, or by any other means. Any use of the Site and/or the Content by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions, or deletions.

11. Limited Use.

Any use for any purpose for which a subscription is required, including, without limitation, organizational, commercial, or business purposes of any kind, without an authorized subscription is strictly prohibited. Commercial resale and/or redistribution of any information, products, and/or services from LOCATION, INC, the Site, and/or the Content are strictly prohibited without prior written consent from LOCATION, INC. Organizational, commercial, and business purposes include, but are not in any way limited to, use by any organization, business or commercial enterprise (whether for profit or non-profit), use for business purposes and/or gain, and/or use by (or for the benefit of) any individual or entity without an authorized subscription. Organizational, commercial, and business use also includes, but is not limited to, use by persons or entities engaged in the business of researching, renting, leasing, financing, buying and/or selling of, and/or investing in, real property, the sale, resale, distribution, or redistribution of reports, data, services, insurance, risk assessment, fraud detection, mortgage, or other business services, or any other business purpose as determined by LOCATION, INC. Any suspected organizational, commercial or business use without an authorized subscription will, in LOCATION, INC’s sole discretion, lead to the suspension of access to the Site and such other and further action as LOCATION, INC deems appropriate, including legal action for which any wrongful user(s) shall be fully responsible, including, without limitation attorneys’ and experts’ fees. The determination of proper or improper use is at the sole discretion of LOCATION, INC. Systematic retrieval to create or compile, or attempt to create or compile, directly or indirectly, in whole or in part, a collection, compilation, database or directory from and/or with respect to the Site and/or the Content, without the express written permission of LOCATION, INC, is strictly prohibited. LOCATION, INC reserves the right to impose, and any person or entity wrongfully using the Site and/or the Content agrees to pay to LOCATION, INC immediately, Twenty Nine and 99/100 Dollars ($29.99) for each and every instance of improper, illegal, violative, and/or other wrongful conduct concerning LOCATION, INC, the Site, and/or the Content.

12. Waiver.

Unless in writing and signed by LOCATION, INC, the purported waiver by LOCATION, INC of any breach, violation, misconduct, illegality, and/or impropriety shall not be construed as a waiver of the same and/or any succeeding breach, violation, misconduct, illegality, and/or impropriety or any other right, nor shall any delay or omission on the part of LOCATION, INC to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by LOCATION, INC.

13. Severability.

To the maximum extent possible, each provision contained herein shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision (or portion thereof) is held to be invalid or unenforceable under applicable law, such provision (or portion thereof) shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision (or portion thereof). If such modification is not possible or allowed, then such provision (or portion thereof) shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions (or any portion thereof) contained herein.

14. Miscellaneous.

Subject to your ordering a subscription, in which case the terms of the subscription and associated Use Agreement shall apply, these Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These Terms of Use and the relationship between the parties shall in all aspects be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Commonwealth of Massachusetts, and the obligations, rights and remedies of the parties shall be determined in accordance with such laws. The parties agree that any litigation one (or more) party(ies) commences, maintains and/or is engaged in against any other party and/or parties (whether pursuant to these Terms of Use or otherwise) shall be brought exclusively in the courts of the Commonwealth of Massachusetts, Worcester County, or the federal courts of the United States of America in the Commonwealth of Massachusetts, Worcester County, with any right to bring, commence, engage and/or maintain litigation in any other courts being hereby waived to the fullest extent permitted by law. Each party hereby irrevocably submits generally and unconditionally for themselves and with respect to any and all property that is the subject matter hereof, to the jurisdiction of the state courts in the Commonwealth of Massachusetts, Worcester County, or any United States federal court in the Commonwealth of Massachusetts, Worcester County. Each party hereby irrevocably waives, to the fullest extent permitted by law, any objection that it/they may now or hereafter have to the laying of venue in any such court and any claim that any such court is an inconvenient forum. The section headings used herein are for convenience only and shall not be given any legal import.

REGARDLESS OF IF AND/OR WHEN YOU READ THESE TERMS OF USE, BY VISITING AND/OR USING THE SITE AND/OR THE CONTENT, OR ANY PAGE AND/OR LINK ASSOCIATED WITH THE SITE AND/OR THE CONTENT, OR USING ANY SERVICES ASSOCIATED WITH THE SITE (INCLUDING, WITHOUT LIMITATION, LOCATION, INC'S BROKER NETWORK), YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND LOCATION, INC. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE AND/OR ACCESS THE SITE AND/OR THE CONTENT AND YOU SHOULD IMMEDIATELY CEASE USING AND/OR ACCESSING THE SITE, THE CONTENT, AND/OR LOCATION, INC’S BROKER NETWORK AND OTHER THIRD PARTY INFORMATION AND/OR SERVICES.