The following words have the following meanings: "Hover" means Hover Inc., a Delaware corporation; "Hover App" means the mobile application which you download to your mobile device and use to collect Images and view Property Models, which also includes all Sponsored Apps; "Hover Deliverables" means the Property Models, Property Reports and any estimates, measurements, reports, models, renderings, analytics and all products and services related thereto which ordered by or otherwise made available to you; "Hover Software" means the Hover App, the Web App and related software; "Hover Web App" means the web application you use to view and manage the Deliverables generated through the use of the Software and Services; "Hover Websites" means all properties (mobile, Web or otherwise) owned and operated by Hover); "Images" means the photos, images and other data you submit or otherwise provide to Hover in connection with your use of the Software and Services; "Property Information" means Registration Information, Images, Property Models, Property Reports and the information contained therein; "Property Models" means Hover’s 3D reconstruction and associated measurements of homeowner properties, generated through the use of the Hover Software and production process; "Property Report" means the digital and hard copy structure and measurement report of the subject property identifying specified lines and measurements; "Registration Information" means your email address or other login information that is provided upon registration when you create your user account and any additional contact information submitted in connection with a request for an estimate or otherwise through the Hover App; "Service Provider" means a professional contractor or dealer who downloads and uses either the Hover App or a Sponsored App to obtain Property Information in respect of persons and properties other than their own; "Software and Services" means collectively, the Hover Websites, the Hover Software and the Hover Deliverables; "Sponsor" means a Hover licensee who has contracted with Hover to deploy a Sponsored App; "Sponsored App" means the Hover App branded, distributed and maintained for a Sponsor.
The Hover App is only compatible with those smartphones and operating systems identified and certified by Hover from time to time. The use of the Hover App requires and utilizes internet connectivity and data. Carrier and provider rates for data may apply and you are responsible for any such charges. Use of the Hover App could result in significant data usage. The functional use of the Hover App and the production of Property Reports and other Hover Deliverables may be dependent on the data related to geographic location and geo-positional data, and you acknowledge and agrees that any failure to provide (or make accessible) that data may limit the functionality of the Hover App and the generation of Property Reports and other Hover Deliverables. The Software and Services are dependent on the accuracy of the images submitted, in the format, number, location, clarity and sequence required by the Hover App and the other data and information required by the Hover App. You acknowledge and agree that any failure to properly provide such images, data and information may limit or prevent the functionality of the Hover App and the ability of Hover to deliver Property Reports and other Hover Deliverables.
IF YOU HAVE DOWNLOADED AND/OR ARE USING THE HOVER APP, YOU HEREBY AGREE THAT ALL PROPERTY INFORMATION MAY BE MADE AVAILABLE TO SPONSORS, THEIR AFFILIATES AND/OR APPLICABLE SERVICE PROVIDERS. YOU UNDERSTAND AND AGREE THAT YOU MAY BE CONTACTED BY SUCH SPONSORS OR THEIR AFFILIATES OR SERVICE PROVIDERS FOR BUSINESS AND MARKETING PURPOSES. IF YOU DO NOT AGREE TO THE SHARING OF YOUR PROPERTY INFORMATION OR DO NOT WISH TO BE CONTACTED BY SPONSORS OR THEIR AFFILIATES OR SERVICE PROVIDERS, DO NOT DOWNLOAD OR REGISTER TO USE THE HOVER APP.
IF AT ANY TIME YOU DESIRE FOR HOVER NOT TO SHARE YOUR PROPERTY INFORMATION WITH ANY SPONSOR, SPONSOR AFFILIATE, SERVICE PROVIDER OR OTHERWISE, YOU CAN OPT-OUT BY EMAILING HOVER AT OPTOUT@HOVER.TO.
IF YOU ARE A SERVICE PROVIDER WHO HAS DOWNLOADED AND/OR IS USING A SPONSORED APP, YOU ALSO HEREBY ACKNOWLEDGE AND CONSENT TO THE SPONSOR’S ABILITY TO ACCESS, DISCLOSE, RESTRICT, MONITOR, COMPILE INFORMATION AND GENERATE REPORTS FROM YOUR USE OF THE SPONSORED APP AND THE SOFTWARE AND SERVICES.
(a) You hereby acknowledge and agree that any Images may be viewed by the general public and will not be treated as private, proprietary or confidential. By submitting or providing any Images to Hover through the Hover App, you represent and warrant to Hover that you own or have all necessary rights to submit and provide the Images, and grant to Hover the license and rights granted herein. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted herein in relation to any Images and intellectual property pictured in any Images that you submit or provide. In addition, if you provide any Images that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
(b) You hereby grant to Hover and its affiliates, licensees and sub-licensees, without compensation to you or others, a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Images throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Images, and such license may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Images submitted by you. For each Image, you agree to provide accurate and complete information and represent that you have all rights necessary to grant Hover the license and rights in this paragraph. You are solely responsible for all Images submitted to Hover through your Hover user account or that you otherwise make available through the Software and Services.
Hover has the right, in its sole and absolute discretion, to not produce any Hover Deliverables for you if you have not otherwise paid Hover for such Hover Deliverables. If Hover does agree to produce Hover Deliverables at no charge or for a limited time promotion, each user account shall be limited to the number of Hover Deliverables as determined by Hover from time to time. Hover reserves the right to charge a fee for the production of any subsequent Hover Deliverables for any user account.
You are solely responsible for, and Hover will bear no responsibility for, unauthorized access to or use of the Hover App by any other person. Hover shall be entitled to rely on your username and password to determine whether you are an authorized user and liable to pay any fees associated with orders for Property Reports or other Hover Deliverables.
The fees and other charges, if any, for the Software and Services and any Hover Deliverables are set forth on the order form or page on which you purchased such products and services (the “Order Documentation”). The fees set forth on the Order Documentation are exclusive of all federal, state, municipal, or other government excise, sales, use, value-added, gross receipts, personal property, occupational, or other taxes now in force or enacted in the future, and you shall pay any such tax (excluding taxes on Hover’s net income) that Hover may be required to collect or pay now or at any time in the future with respect to such fees. Payment of the amounts due to Hover shall be made in accordance with the payment method and credit terms set forth on the Order Documentation. If you have provided a credit card to Hover, you authorize Hover to charge your credit card with the amount of any purchase of Software or Services or Hover Deliverables. The amount paid in respect of any Software and Services or Hover Deliverables is non-refundable and the Software and Services and Hover Deliverables are non-returnable. Any amount not paid within thirty (30) days following Hover’s invoice shall bear a finance charge at the rate of 1½% per month.
Hover does not guarantee the production and delivery of Property Reports. If Hover is unable to produce a Property Report due to your failure to submit the required Images, data or other required information, or for any other reason, you will receive an email stating that your order cannot be processed and you will not be charged for your order. Once a Property Report is successfully produced, you will be charged for the order at the time the Property Report is delivered to you.
A link to any Hover Deliverables ordered by you shall be emailed to you upon completion. Property Reports shall be delivered through the Hover App, by email in PDF format and if you are licensed to use the Hover Web App, will also be available through the Hover Web App. Other Hover Deliverables will be made available either in the Hover App, by email or through the Web App or all of the foregoing.
The Hover Website and Hover Software may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Hover and Hover is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hover is not responsible for webcasting or any other form of transmission received from any Linked Site. Hover is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hover of the site or any association with its operators.
The Software and Services, including all Property Reports and other Hover Deliverables, are the property of Hover, and subject to the copyright and other intellectual property rights of Hover and its licensors. ©2015 Hover Inc. All rights reserved. Hover is a trademark of Hover in the United States and/or other countries. The names of actual companies, products, and services mentioned herein or provided or offered as a result of the Software or Services may be the trademarks of their respective owners, including but not limited to the applicable Sponsor or its affiliates. Any rights not expressly granted herein are reserved.
HOVER, OUR SPONSORS, OUR SPONSORS AFFILIATES AND ANY SERVICE PROVDERS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) RELATING TO (1) ANY RECOMMENDATIONS/REFERRALS PROVIDED TO YOU VIA THE SOFTWARE AND SERVICES AND (2) ANY PRODUCTS OR SERVICES PROVIDED BY HOVER OR ANY OF THE SPONSORS, SPONSORS AFFILIATES OR SERVICE PROVIDERS.
THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND YOU AGREE TO USE THEM AT YOUR OWN RISK. HOVER, OUR SPONSORS, OUR SPONSORS AFFILIATES AND ANY SERVICE PROVDERS MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, USE OR RESULTS TO BE OBTAINED FROM THE SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION CONTAINED IN OR GENERATED BY THE HOVER SOFTWARE OR CONTAINED IN ANY PROPERTY MODELS, PROPERTY REPORTS AND OTHER HOVER DELIVERABLES. HOVER (INCLUDING ITS SPONSORS, SPONSORS AFFILIATES, ASSIGNEES, SUBSIDIARIES, AFFILIATES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU IN RESPECT TO ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OR POSSESSION OF THE SOFTWARE AND SERVICES, OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SOFTWARE AND SERVICES, ANY DEFECT OR ERROR IN THE SOFTWARE AND SERVICES, OR ANY BREACH OF THESE TERMS AND CONDITIONS, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY.
Hover reserves the right, in its sole discretion, to terminate your access to the Software and Services or any portion thereof at any time, without notice.
HOVER – Copyright Notices
945 Bryant Street, Suite 300
San Francisco, CA 94103
The DMCA provides that you may be liable for damages (including costs and attorney’s fees) if you falsely claim that Content is infringing your copyrights. We recommend contacting an attorney if you are unsure whether any Content is protected by copyright laws.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Software and Services. Use of the Software and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hover as a result of this agreement or use of the Software and Services. Hover's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hover's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Software and Services or information provided to or gathered by Hover with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hover with respect to the Software and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hover with respect to the Software and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.