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Welcome to the Homeminders Service



Exigence Software, LLC provides this service to You subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!

TERMS AND CONDITIONS OF USE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND EXIGENCE SOFTWARE, LLC ("WE", "US", OR "EXIGENCE") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE HOMEMINDERS SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF EXIGENCE'S RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND EXIGENCE. BY ACCESSING THE HOMEMINDERS SITE AND USING ANY OF THE HOMEMINDERS SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1.0 General Description of Homeminders Service
1.1 Definition of the Homeminders Service. Exigence is the creator and provider of a service (the "Homeminders Service") that provides You with certain information, features and functions that facilitate the management and maintenance of Your home and other personal property assets. While certain parts of the Homeminders Services are free others require You to register and/or subscribe to the Homeminders Services. For certain business partners and sponsors, the Homeminders Service also includes the advertising and offer for sale of partner/sponsors products and services. The Homeminders Services means www.homeminders.com (the "Homeminders Site") and all software, services and material provided on and/or related to the Homeminders Site inclusive of those services that are generally available, require registration, and/or require a Subscription. The terms of this Agreement apply to You regardless of what Homeminders Services You use.

1.2 Weather Information - Homeminders' weather information is provided by the National Weather Service. Homeminders.com makes no warranty, expressed or implied with respect to accuracy, completeness, timeliness or usefulness of the weather information contained herein and shall have no legal liability or responsibility (including liability for negligence) or for any loss or injury (including death) or for profit which may result, whether directly or indirectly, from the supply of use of such information. In an emergency, do not rely solely on the weather information on this site. Please check your local media to get the latest information.

1.3 Storage Aspects of Service. Certain parts of the Homeminders Services allow You to record and store data, including data about You, Your home, automobiles, and other personal property assets. "Customer Data" means all data provided by You to Homeminders for processing or otherwise processed as part of the Homeminders Services including, but not limited to, data generated by the Homeminders Site from Your input. Exigence assumes no liability for ensuring the integrity of and Your ability to retrieve Customer Data.

1.4 Promotions and Advertising. Exigence or its business partners may present advertisements or promotional materials on or through the Homeminders Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Homeminders Services are solely between You and the third-party, and You agree that Exigence is not liable for any loss or damage of any sort incurred by You as the result of any such dealings.

1.5 Requirements for Use of the Homeminders Service. The Homeminders Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If You do not meet the foregoing or other applicable requirements, You may not use the Homeminders Service. To access and use the Homeminders Services You must have equipment necessary to access the Internet, including a computer and modem or other access devices, and must have access to the Internet (e.g., through an Internet Service Provider).

1.6 Registration. In order to use certain parts of the Homeminders Services You may be asked to provide Exigence with true, accurate, current and complete registration information and to update such information as necessary. Should Exigence have reasonable grounds to suspect that Your information is inaccurate, incomplete or untrue, it shall have the right to suspend or terminate Your right to use any and all aspects of the Homeminders Services. You agree that we may store and use Your registration data (including credit card information) for use in maintaining Your accounts and billing Exigence fees to Your credit card.

1.7 Security. Upon registering You will create a Homeminders Account with an assigned username and password that You will need to access certain features of the Homeminders Services. You are responsible for maintaining the confidentiality of Your username and password and are fully responsible for all activities that occur on the Homeminders Site under Your Homeminders Account. You agree to immediately notify Exigence of any unauthorized use of Your username or password or Homeminders Accounts, or any other breach of security, and to ensure that You logout at the end of each Homeminders Service session. Exigence will not be liable for any loss or damage arising from Your failure to comply with this Section.

1.8 Cracking and Hacking. You shall not violate or attempt to violate the security of the Homeminders Service. Accordingly, You shall not: (i) access data or materials not intended for You; (ii) log into a server or account which You are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is Your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to Your computer via the Homeminders Service.

2.0 Privacy. Exigence's Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

3.0 Grants of Licenses
3.1 Site Access License. Exigence grants You a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Homeminders Site and not to download (other than page caching) or modify all or any portion of the Homeminders Site. This license does not include any resale or commercial use of the Homeminders Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Homeminders Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Homeminders Site and/or any portion of the Homeminders Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Exigence, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Homeminders Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Exigence logo or other proprietary graphic or trademark as part of the link without express written permission.

3.2 Public Area Provisions. The Homeminders Service may have features that allow You to exchange messages with other users or post information that other users can view ("Public Areas"). Exigence may, but is not obliged to, restrict Your use of messaging, monitor any activity or edit or remove content in Public Areas, or restrict access by other members to Your messages. Exigence takes no responsibility and assumes no liability for any content, materials, messages and the like that You or any other user posts to or views in a Public Area or sends to or receives from another user over email or an instant messenger system. You agree to indemnify and hold harmless Exigence, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for, from and against all claims resulting from content, messages, materials and the like that You post to any Public Area, including by sending via e-mail.

3.3 General License Restrictions/Prohibitions. You may not use the Homeminders Services to transmit, display, perform or otherwise make available any messages, content or materials that: (i) are illegal, obscene, threatening, of a "spamming" nature, defamatory, or invasive of privacy; (ii) constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Homeminders Services or any networks connected to or by the Homeminders Services. In addition, You may not use a false email address or otherwise mislead other members as to Your identity or to the origin of a message or content. By posting messages, inputting data, or engaging in any other form of communication through the Homeminders Services, You agree that Exigence may copy, sublicense, adapt, transmit, publicly perform or display any such content to provide and/or promote the Homeminders Services and/or to respond to any legal requirement, claim or threat. You agree that any loss or damage of any kind that occurs as a result of the use of any messages, content or material that You upload, post, transmit, display or otherwise make available through Your use of the Homeminders Services is solely Your responsibility. In connection with Your use of the Homeminders Service, You also agree not to: interfere with any other party's use and enjoyment of the Homeminders Services in any manner; impersonate any person or entity or misrepresent Your affiliation with a person or entity whose content appears on the Homeminders Site; or, except as explicitly permitted by the Homeminders Service, use the Homeminders Services to upload, post, transmit or otherwise disseminate materials, articles, or other data.

4.0 Exigence Subscription Plans; Payment.
4.1 Subscriptions. In addition to the Homeminders Services that are generally available and available to those who register, Exigence offers certain additional services and/or materials that are only available to those who subscribe (the "Subscription Services"). The Subscription Services requires payment, as described below. When You purchase a "Subscription" for the Subscription Services, You agree to pay to Exigence the Subscription Fee specified at the time the Subscription is ordered. By completing the Subscription Services Order Form, You authorize Exigence to charge the Subscription Fee to Your designated credit card. You will be billed at the time of Your Subscription. Your Subscription will be for the term specified at the time Your Subscription order is confirmed. When Your Subscription expires Exigence may automatically bill You for Your renewal, using the credit card information that You last provided to us. If You do not want Your Subscription to automatically renew You may indicate this at anytime, within Your My Account area on the Homeminders Site.

4.2 Trial Subscriptions. You may be required to provide a credit card number to register for a free trial offer to the Subscription Services. In such event, You agree that Exigence may obtain a pre-authorization for the fee amount that You will be charged if You complete the free trial and continue a Subscription. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and Exigence not be responsible for any results, such as an overdraft fee, that may occur to Your account because of them.

4.3 Promotional Codes. If You have received a valid promotional code, gift code or gift certificate for the Homeminders Service, You should follow the instructions that accompany the offer. Once You properly input a valid promotional offer, Your account should be credited for the applicable amount and type of Subscription Services. Promotional offers and gift certificates are subject to any expiration dates that may be included with the offer and are not redeemable for cash (and any unused portion may not be returned for cash or any other value).

4.4 Sponsor Account Gift Subscriptions. If Your Subscription includes "Sponsor" functionality, You may purchase Gift Subscriptions and use the Gift Subscription functionality within the Homeminders Site to gift Subscription Services memberships to third parties. After You purchase the gift Subscription, Your credit card will be charged and the Subscription will be credited to Your account and available for You to gift to another person. Gift Subscriptions are subject to the terms stated at the time of purchase and not refundable, exchangeable or cancelable once purchased. All Gift Subscriptions that You gift from Your "Sponsor Account" will be linked to Your Sponsor Account and You will be identified as the Sponsor on the Gift Subscription. Once the Gift Subscription expires, Exigence may at its sole discretion remove Your sponsorship information from the Gift Subscription.

4.5 Subscription Cancellation. You can cancel Your subscription by delivering notice to Exigence. Exigence will reasonably attempt to return a cancellation confirmation to Your email address. You should retain this confirmation as a record of Your cancellation. If You cancel Your subscription, cancellation will take effect at the end of the billing period through which You have prepaid.

4.6 Right to Change Prices. Prices for Subscriptions and other products and services are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Homeminders Site or the Homeminders Service. A change in price shall not affect a pre-purchased Subscription. If You have a Subscription and do not accept a change in the renewal price, You should terminate Your subscription renewal immediately.

4.7 Agreement to Pay. You agree that You will pay timely, and that we may charge Your credit card for any Homeminders content, Subscription Fees, and for any other products or services purchased from the Homeminders Site (including any taxes and late fees, as applicable), as may be accrued by Your Exigence Account(s) (collectively, "Exigence Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL EXIGENCE FEES AND FOR PROVIDING EXIGENCE WITH A VALID CREDIT CARD FOR PAYMENT OF ALL EXIGENCE FEES. All Exigence Fees will be billed to the credit card You designated during the registration process. If You want to designate a different credit card or there is a change in Your credit card status, You must change Your credit card information online at the "My Account" section of the Homeminders Site or by contacting Customer Service at 1-480-203-0123. You agree that Exigence may use all legal means available to collect Exigence Fees should our attempts to charge Your credit card on record fail for any reason.

4.8 Electronic Signatures and Contracts. Your use of the Homeminders Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE. YOU CONSENT TO EXIGENCE PROVIDING YOU ANY INFORMATION THAT EXIGENCE IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. EXIGENCE MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR EXIGENCE MEMBERSHIP SUBMISSION, AS UPDATED BY YOU FROM TIME TO TIME IN THE “MY ACCOUNT” SCTION OF THE HOMEMINDERS SITE, (2) BY ACCESS TO AN EXIGENCE WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN EXIGENCE WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST A PAPER COPY OF ANY REQUIRED INFORMATION. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT THE "MY ACCOUNT" SECTION OF THE HOMEMINDERS SITE. IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES. YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE HOMEMINDERS SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING EXIGENCE AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE HOMEMINDERS SERVICE.

5.0 Availability of Homeminders Service.
5.1 In General. We will exercise reasonable efforts to provide the Homeminders Service in a timely manner. On occasion, technical or partner problems may delay or prevent delivery. Your exclusive and sole remedy with respect to Homeminders Service that is not delivered within a reasonable period will be a pro rata extension of the applicable Subscription period.

5.2 Removal of Content. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Homeminders content or other materials comprising a part of the Homeminders Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Homeminders content or materials under this Agreement.

6.0 Intellectual Property
6.1 Copyrights. All copyrights in and to the Homeminders Service materials including but not limited to the Homeminders Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Homeminders content, Subscriptions, Exigence Software, or any parts of or content within the Homeminders Site, Homeminders content, Subscriptions and Exigence Software, are owned by Exigence and/or its suppliers, partners and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND EXIGENCE SOFTWARE ON OR IN CONNECTION WITH THE HOMEMINDERS SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE HOMEMINDERS SITE OR ANY OF THE PAGES OF THE HOMEMINDERS SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE HOMEMINDERS SERVICE MATERIALS. REPRODUCTION OR USE OF THE HOMEMINDERS SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

6.2 Digital Millennium Copyright Act. We respect the intellectual property of others. If You believe that Your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

6.3 Trademarks. Exigence, Homeminders and other Exigence trademarks, service marks, graphics and logos used in connection with the Homeminders Service are trademarks or registered trademarks of Exigence Software, LLC in the U.S. and/or other countries. Other trademarks, servicemarks, graphics and logos used in connection with the Homeminders Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks and any unauthorized use is strictly prohibited.

7.0 Subscription Termination.
7.1 Termination By Exigence. If You fail, or we suspect that You have failed, to comply with this Agreement, including but not limited to failure to make payment of Exigence Fees due, failure to provide Exigence with a valid credit card or with accurate and complete Registration Data, failure to safeguard Your Exigence Account information and password, or violation of any license granted hereunder, Exigence, at its sole discretion, may: (A) terminate Your Exigence Account and You will remain liable for all amounts due under Your Exigence Account up to and including the date of termination; and/or (B) preclude access to the Homeminders Service (or any part thereof). We will notify You if we take any of the foregoing actions.

7.2 Termination of the Service. We reserve the right to modify, suspend or discontinue the Homeminders Service (or any part thereof) or any Homeminders content (or any part thereof) at any time with or without notice to You, and we will not be liable to You or to any third party should we exercise such rights. In the event that we exercise such right, You may be entitled to a refund, in our sole discretion, depending upon Your Exigence Subscription plan and the other purchases You have made from the Homeminders Service.

8.0 General Compliance with Laws; Export Restrictions. The Homeminders Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to Your use of the Homeminders Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

9.0 No Responsibility for Third Party Materials or Web sites. Certain Homeminders content, products and services available via the Homeminders Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Exigence does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to You.

10.0 Warranty and Liability Provisions
10.1 Limited Express Warranty. Except as expressly provided herein, the Homeminders Service is provided "AS IS" and "AS AVAILABLE". NO EXIGENCE EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH.

10.2 Limitation on Liability. IN NO EVENT SHALL EXIGENCE HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE HOMEMINDERS SERVICE. IN NO EVENT SHALL EXIGENCE HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR EXIGENCE ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY HOMEMINDERS CONTENT. EXIGENCE IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE HOMEMINDERS CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE HOMEMINDERS SERVICE. WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL EXIGENCE OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE EXIGENCE ACCOUNT(S), EXIGENCE HOMEMINDERS CONTENT OR THE HOMEMINDERS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXIGENCE BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE HOMEMINDERS SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250). Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to You. This Agreement gives You specific legal rights, and You may also have other rights that vary from state to state.

10.3 Indemnity. You agree to indemnify and hold harmless Exigence, its affiliates, subsidiaries, shareholders, officers and directors from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of Your breach of this Agreement and/or Your use of the Homeminders Service, and/or the Homeminders content.

11.0 Governing Law. This Agreement will be exclusively governed by the laws of the State of Arizona without regard to its principles on the conflicts of laws.

12.0 Amendments to Agreement. Exigence reserves the right, in its sole discretion, to update, supplement or modify this Agreement at any time and will post a copy of the amended Agreement at homeminders.com. A copy of this Agreement may be downloaded, stored or printed. Your continued use of the Homeminders Services following the posting of any changes to this Agreement constitutes acceptance of those changes. If You do not agree to or cannot comply with the Agreement as amended, Your only remedy is to stop using the Homeminders Services and, if applicable, cancel Your Subscription.

13.0 Support; Feedback. If You have any questions or concerns about the Homeminders Services and Homeminders Site, contact us at feedback@homeminders.com. If You have comments on the Homeminders Services or ideas on how to improve it, please email feedback@homeminders.com. Please note that by doing so, You also grant Exigence permission to use and incorporate Your ideas or comments into the Homeminders Services without further compensation.

14.0 Miscellaneous. This Agreement constitutes the entire agreement between You and Exigence, and supersedes any prior agreements between You and Exigence, written or oral, with respect to the subject matter herein. In the event of a conflict between the terms of this Agreement and the Privacy Policy, the Digital Millennium Copyright Notice, or the terms and conditions of a particular marketing promotion or offer from the Homeminders Site, the more particular document will control. The failure of Exigence to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Exigence will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Exigence hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Exigence Software, LLC, Attention: General Counsel, 8418 E. Shea Blvd #101, Scottsdale, AZ 85260.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE POLICY
Consistent with the Digital Millennium Copyright Act, if You believe that Your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that You claim has been infringed;
  • A description of where the material that You claim is infringing is located on the Homeminders Site;
  • Your address, telephone number, and email address;
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
Our designated agent for notice for claims of copyright infringement is our General Counsel who can be reached as follows: By mail: Exigence Software, LLC; Attn: General Counsel; 15802 N. 71st Street, #306, Scottsdale, AZ 85254. By phone: 1-480-203-0123.