126 West Sego Lily Drive

Suite 265

Sandy, Utah 84070

info@porch.software

Effective Date: january 19, 2019

Terms of Use

The following terms and conditions (the “Terms of Use”) constitute an agreement between you and PorchSoftware (“Porch”)and the services you use on our site (“Services”).  You have read, understand, and agree to these Terms of Use and our Privacy Policy https://www.porch.software/privacy , and acknowledge that you are at least 18 years old.  If you do not agree to these Terms of Use and the Privacy Policy, do not use these Services.        

 

Changes to Terms of Use

We may revise and update these Terms of Use. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

  

Scope of and Restrictions on Use

Subject to these Terms of Use, Porch grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”).  Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Porch.  You agree not to:

  • collect information from the Services using an automated software tool or manually on a mass basis;

  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;

  • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;

  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems; 

  • restrict or inhibit other users from accessing or using the Services;

  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or 

  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

 

Ownership 

The Services (including the Content) are owned by Porch and are protected under copyright, trademark, and other applicable United States and international laws and treaties.   Without limiting the foregoing, the trademarks, service marks, and logos displayed on this site are registered and unregistered marks of Porch and its licensors.  You acknowledge and agree that, as between you and Porch, Porch is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.  

 

Account Registration and Security 

 

Access to and use of certain Services may require you to register for an account.  You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.  You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities.  You may not share your account with anyone or allow anyone else to access or use your account.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You agree to immediately notify Porch of any unauthorized use of your account, or any other breach of security.  We are not liable for any loss or damage arising from your failure to protect your username or password.

 

Electronic Communications

The communications between you and Porch via the Services use electronic means.  For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Privacy Policy 

You acknowledge and agree that all information collected by Porch is subject to our Privacy Policy https://www.porch.software/privacy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

 

Change and Suspension

Porch reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time.  You agree that Porch will not be liable to you or to any third party for any such change, suspension, or discontinuance.

 

Porch has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof if you violate these Terms of Use.  In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

 

Disclaimer; Limitation of Liability 

Disclaimer of Warranties.  The Services and the Content are provided to you on an “as is” and “as available” basis, without warranties of any kind, and Porch hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Neither Porch nor any person associated with Porch makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services or the Content.  Without limiting the foregoing, neither Porch nor anyone associated with Porch represents or warrants that the Services or the Content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services, the Content, or the servers that make them available are free of viruses or other harmful components, or that the Services or the Content will otherwise meet your needs or expectations.          

 

Limitation of Liability.  To the fullest extent permitted by law, in no event will Porch or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the services or the content, including, but not limited to, personal injury or death, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  If, notwithstanding the provisions of this section, Porch is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these terms of use, in no event will Porch’s aggregate liability to you or any third party exceed the total amount of fees, if any, paid by you to Porch in the twelve month period preceding the event giving rise to the claim or U.S. $100, whichever is less. The foregoing limitations shall apply even if your remedies under these terms of use fail their essential purpose. Use of the Services are at your own risk.              

 

Indemnification

 

You agree to indemnify, defend, and hold Porch and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law.  We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

Third-Party Materials

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”).  You acknowledge and agree that Porch is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.  Porch does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Third-Party Platforms

Porch may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”).  Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under Porch’s control.  Porch does not assume any responsibility or liability for your use of such Third-Party Platforms.

 

Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.  

 

Questions & Complaints.  For more information about our privacy practices, if you have questions, would like to report unethical behavior, or if you would like to make a complaint, please contact us please contact us at info@porch.software