TERMS OF USE AGREEMENT

Last revised on September 13, 2024

Welcome, and thanks for using hemlane.com (“Hemlane”), a product of Hemlane, Inc. When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the Terms of Use Agreement below. The Agreement contains important information regarding your legal rights, remedies and obligations.

1. INTRODUCTION

We are a software platform for property owners, licensed professionals, maintenance coordinators, and tenants. We are not a property management firm and do not provide advice to landlords on property management licensed activities.

1.1. PURPOSE

The mission of Hemlane is to serve as a software platform for property owners to more efficiently manage their leasing and management activities. To achieve our mission, we make services available through our website and connect property owners, licensed professionals, maintenance coordinators, and tenants.

1.2. SCOPE AND INTENT

When you use Hemlane's services, you are entering into a legal agreement and you agree to all of these terms. You also agree to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

You agree that by registering on Hemlane or by using our websites or any content or information provided as part of the Hemlane services (collectively, “Hemlane” or the “Services”), you are entering into a legally binding agreement with Hemlane, Inc., One Commerce Center 1201 Orange St #600, Wilmington, DE 19899 (“we,” “us,” “our,” and “Hemlane”) based on the terms of this Hemlane Terms of Use Agreement and the Hemlane Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”), as a registered user on hemlane.com, as applicable (“User”), or unregistered user (“Visitor”). If you are using Hemlane on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not agree with this Agreement, do NOT click “Sign Up,” “Register,” and “Save” and do not access, view, download or otherwise use any Hemlane webpage, content, information or services. By clicking “Sign Up” or similar, or by using any Service, you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.

2. YOUR OBLIGATIONS

2.1. APPLICABLE LAWS AND THIS AGREEMENT

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections and related webpages:

• Hemlane’s False Account & Listing Policy
• Hemlane’s Privacy Policy;
• Hemlane’s Copyright Policy;
• Fair Housing Act ("FHA"); and
• Fair Credit Reporting Act ("FCRA")

2.2. LICENSE AND WARRANTY FOR YOUR SUBMISSIONS TO HEMLANE

You still own what you own, but you grant us a license to the content and/or information you provide us.

As between you and Hemlane, you own the content and information you provide Hemlane under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Hemlane a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Hemlane, without any further consent, notice and/or compensation to you or to any third parties.

We will respect the choices you make about who gets to see your information and content. Pursuant to this license, Hemlane may grant other Users and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings, and degree of connection with them.

You promise to only provide us information and content that you have the right to give us and you promise that your Hemlane profile will be truthful.

Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your Hemlane profile information accurate and updated.

2.3. SERVICE ELIGIBILITY

You are eligible to enter into this contract and you are at least “Minimum Age.” The information you provide is truthful.

To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Hemlane account, (3) are not a competitor of Hemlane or are not using the Services for reasons that are in competition with Hemlane; (4) will only maintain one Hemlane account at any given time; (5) will use your real name and only provide accurate information to Hemlane; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Hemlane or third party, including FHA, FCRA, FCRA intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

“Minimum Age” means 18 years of age. However, if applicable law requires that you must be older than such age in order for Hemlane to lawfully provide the Services to you (including the collection, storage and use of your information in accordance with our privacy policy) then the Minimum Age would be such older age.

2.4. YOUR ACCOUNT

You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Services.

The profile you create on Hemlane will become part of Hemlane and except for the content and information that you license to us is owned by Hemlane. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade, or transfer your Hemlane account to another party; and (5) not charge anyone for access to any portion of Hemlane, or any information therein. Further, you are responsible for anything that happens through your account, without exception. To close your Hemlane account please email support@hemlane.com with the subject line “Close Account.”

2.5. INDEMNIFICATION

You will pay us for any losses that you cause.

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Hemlane.

2.6. PAYMENT

You will honor your payment obligations through Hemlane's portal and coordinated through the Hemlane team. Hemlane uses Stripe to execute online payment transactions. By using our Payments feature, you agree to be bound by the Stripe Connected Account Agreement, available at https://stripe.com/connect/account-terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled.

If you purchase the Services that we offer for a fee, either on a one-time or subscription basis, you agree to Hemlane using your payment information for the purchase. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Hemlane does not support all payment methods, currencies or locations for payment. If the payment method you use with us, such as a credit card, reaches its expiration date or does not have sufficient funds and you do not edit your payment method information or cancel your account, you authorize us to continue billing another payment method that you have on file. You remain responsible for any uncollected amounts.

We offer free trials for specified periods of time without payment. ONCE YOUR FREE TRIAL ENDS, YOU AUTHORIZE US TO BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A MONTHLY OR ANNUAL BASIS, UNLESS YOU NOTIFY US PRIOR TO THE FREE TRIAL ENDING THAT YOU DO NOT WISH TO CONTINUE. PLEASE NOTE THAT YOU MAY NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE SUBSCRIPTION HAS STARTED. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

Subscriptions will be automatically charged to your designated payment method at the package rate and billing cycle on your subscription until you cancel. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription.

There may be fees and taxes that are added to our prices. We don't guarantee refunds. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You may cancel or suspend your account by emailing support@hemlane.com. For more information on Hemlane's refund policy please email support@hemlane.com. We do not refund for lack of usage or dissatisfaction. When you cancel, you can continue to enjoy the Services through the end of your billing period. You also acknowledge that Hemlane's Premium Services are subject to this Agreement and any additional terms related to the provision of the Service. Additionally, if you require a printed invoice for your transaction with us, you may request one by contacting support@hemlane.com.

By interacting with other Users on our platform, you agree to pay the amount associated with the bill. Hemlane reserves the right to suspend payments to you until negative balances are resolved. A negative balance occurs when you have past due payments to other Users on the platform or coordinated through the maintenance coordinators.

By providing us with your banking or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don't identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.

We never take custody of money you transfer to other Users using the Service, and we're not responsible for what recipients do with the payments you make. For example, we're not responsible for your property owner returning your deposit. If a payor or payor's bank initiates a reversal, chargeback, or dispute of a payment made to you, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred.

If you accept debit/credit cards as a form of payment, then a processing fee of 3% will be deducted from the amount paid to you.

2.7. NOTIFY US OF ACTS CONTRARY TO THE AGREEMENT

If you think you have to breach this Agreement, you will let us know beforehand.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

2.8. NOTIFICATIONS AND MESSAGES

You are okay with us providing you with important notices on our Services. The contact information you provide must be accurate or you may not receive important notices.

For purposes of messages and notices about the Services, Hemlane may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Hemlane to an email address associated with your account, even if we have other contact information. You also agree that Hemlane may communicate with you through your Hemlane account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Hemlane account or services associated with Hemlane. Please review your hemlane.com settings to control and limit what kind of messages you receive from us. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.

You agree to accept communications from Hemlane via SMS, text message, email, by telephone, and/or the Hemlane mobile application and you agree that such communications do not violate the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule (TSR), any implementing regulations of the TCPA or TSR, or any similar state laws or regulations. You consent to have Hemlane call or text message you on any day (inclusive of weekends and holidays) and at any time at the phone number(s) you have directly or indirectly provided to Hemlane, and to the use of an autodialer or a prerecorded or artificial voice to deliver a message, in connection with your use of our Services, or for any other purposes including but not limited to telemarketing purposes.

2.9. HEMLANE APPLICATIONS

This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.

Hemlane may offer the Services through applications built using Hemlane’s platform (“Hemlane Applications”). An example of Hemlane Applications include its smart phone applications (e.g., Hemlane for Android and iOS - coming soon). Hemlane Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Hemlane Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Hemlane plugins that load in your browser may be communicated to us. Further, by importing any of your Hemlane data through the Hemlane Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Hemlane account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Hemlane through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the Agreement associated with the application provided at download or installation, or as may be updated from time to time.

2.10. USER-TO-USER COMMUNICATION AND SHARING (UPDATES, PROPERTY LISTINGS, ETC.)

When you share information, others can see, copy and use that information.

Hemlane offers various listings, such as Hemlane Marketing, where you can post your rental properties. By using the Hemlane Marketing Syndication, you agree to allow Hemlane to share your listing to Third Party websites, including Zillow. You also agree to follow the Zillow Respectful Renter Pledge.

Hemlane also enables sharing of information by allowing users to post resources, including introductions to real estate agents, landlords, and other content to their public profile and other Services. Please note that ideas you post and information you share may be seen and used by other Users or, if public, by Visitors and Hemlane cannot guarantee that other Users will or will not use the ideas and information that you share on Hemlane, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by you sharing it, do not post it to any Hemlane user-to-user shared communication. Hemlane is not responsible for another’s misuse or misappropriation of any content or information you post on Hemlane.

2.11. PRIVACY

You are okay with us collecting, using, storing, and disclosing information about you in keeping with our Privacy Policy.

You should carefully read our full Privacy Policy before using Hemlane as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Hemlane, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Hemlane may process such information, within the terms of the Privacy Policy.

2.12. CONTRIBUTIONS TO HEMLANE

If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.

By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Hemlane, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Hemlane is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Hemlane shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Hemlane may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Hemlane rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Hemlane under any circumstances.

2.13. ESIGN AND TEMPLATES

2.13.1 Authentication

In using Hemlane's E-Sign Service, you acknowledge and agree to the following:

• You will only sign documents using your own name and you will not impersonate anyone else.
• If you are signing on behalf of a legal entity, you acknowledge that it is your responsibility to and have confirmed that you have the proper authority to do so.
• No certification authority or third-party verification is required for any reason to validate the electronic signatures that you make through Hemlane's E-Sign Service.
• The absence of independent certification or third-party verification does not make these signatures invalid or unenforceable and all such signatures are legally binding.
• Hemlane does not independently verify the authenticity of users' signatures or identities through the Hemlane E-Sign Service as such responsibilities remain with the signer as laid out in these Terms of Service.

2.13.2 Compliance with Electronic Signature Laws

You acknowledge and accept that you have complete control and responsibility over the content of any document signed using Hemlane's E-Sign Service. Be aware that some jurisdictions have regulations that restrict or prohibit the use of electronic signatures on various types of legal documents, including but not limited to those pertaining to family law, government contracting regulations, and estate planning. Additionally, certain jurisdictions outside of the United States may not have enacted law that allow the use of electronic signatures on any documents. It is your sole responsibility, not Hemlane's, to determine whether your use of Hemlane's E-Sign Service is legally acceptable within the laws, rules, and regulations of your jurisdiction. Hemlane is not obligated to monitor the content or ensure the legality of any documents signed through Hemlane's E-Sign Service.

2.13.3 Retention Requirements

In choosing to use Hemlane's E-Sign Service, you are responsible for confirming that you comply with all relevant documentation retention laws and regulations for all of your electronically signed documents. While you can keep your signed documents in your Hemlane account, it is prudent to download and save a copy in your personal files, as well. Hemlane is not responsible for figuring out how long you need to keep any document in your personal files based on the applicable laws and regulations.

2.13.4 Document Security

You are solely accountable for the security of any documents that either (a) you or other recipients deliver or downloading using Hemlane's E-Sign Service, or (b) transfer to another system through API or other integrations within the Hemlane E-Sign Service.

2.13.5 Tampering Document

After all relevant parties have signed a document, you must avoid altering or modifying the signatures or any other part of the document unless everyone involved has agreed to the changes prior to such changes being made.

2.13.6 Lease Templates

You may use Hemlane's Lease Templates to create your own lease contracts by selecting from various template options available on our website. Hemlane will fill in specific information provided by you and your tenant during the application and lease terms process, and then you can finalize the suitable lease template with your own language. You can review your finalized lease contract and send it to the tenant for their consideration and signature through Hemlane's E-Sign Service.

The tenant will receive your lease for review and can either sign it directly on our website or send questions to you for review. If your tenant signs the lease on Hemlane, you will have the option to countersign it on the website and save it for your records. The completed and signed lease will then be accessible to both parties through the Hemlane Platform.

You and your tenant represent and warrant that you have the full right, power, and authority to enter into any lease signed using the Hemlane's Lease Templates and E-Sign Services, and that such a lease constitutes a binding agreement. Any disputes between you and your tenant regarding the lease must be resolved outside of the Hemlane's Services and the website. Hemlane does not control or assume any liability for the actions of you on the Lease Creation Service, including but not limited to the content of any lease agreements. You acknowledge that any lease agreements generated through Hemlane's Lease Creation Service are standard lease templates subject to your review of local legislation in the location where the lease is intended to be signed; including but not limited to review of addenda required by law, lease term requirements, and obligations of you to your tenant. You possesses the sole responsibility to ensure that any leases you send to your Tenant for signature are in compliance with their state and local legislation.

3. YOUR RIGHTS

If you follow this Agreement, we grant you a limited right to use Hemlane. You will only access and use Hemlane in the way this Agreement allows you.

On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Hemlane authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Hemlane or its Users), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Users’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Hemlane contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Hemlane commercially unless expressly authorized by Hemlane) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Hemlane and all related items, including any and all copies made of the Hemlane websites.

4. OUR RIGHTS & OBLIGATIONS

4.1. SERVICES AVAILABILITY

We may change or discontinue Services, and in such case, we do not promise to keep showing or storing your information and content.

For as long as Hemlane continues to offer the Services, Hemlane shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Hemlane as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Hemlane, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Users in our sole discretion. All of these changes shall be effective upon their posting on Hemlane or by direct communication to you unless otherwise noted.

We may not keep showing the content or information you provide to us.

Hemlane further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Hemlane to be contrary to this Agreement. For avoidance of doubt, Hemlane has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. Hemlane may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.

4.2. THIRD PARTY CONTENT, SITES AND DEVELOPERS

Your access of other Users’ and third parties’ content and information posted on the Services is at your own risk.

By using the Services, you may be exposed to other Users’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Users’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.

Third parties may offer their own products and services through Hemlane, and we are not responsible for these third-party activities. One example is advertising your property on Zillow, where your rental vacancy will post to their rental listing websites. By using this syndication feature, you agree to Zillow Terms of Use and Zillow Respectful Renter Pledge. Another example is Piñata for Tenant Perks, where you agree to Hemlane’s Tenant Perks terms and Piñata’s terms.

Hemlane may include links to third party websites (“Third Party Sites”) on our Services. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Hemlane is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to use Third Party Sites, you do so at your own risk, and this Agreement does not apply to your use of any Third Party Site.

4.3. DISCLOSURE OF USER INFORMATION

You agree that we can use, store, and share information about you as permitted in our Privacy Policy.

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Hemlane, our Users or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy.

4.4. CONNECTIONS AND INTERACTIONS WITH OTHER USERS

We have the right to limit the connections and interactions on the Services.

You are solely responsible for your interactions with other Users. Hemlane may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Hemlane reserves the right, but has no obligation, to monitor disputes between you and other Users and to restrict, suspend, or close your account if Hemlane determines, in our sole discretion, that doing so is necessary to enforce this Agreement.

4.5. INTELLECTUAL PROPERTY NOTICES

We are providing you notice about our intellectual property rights.

The Services include the copyrights and Intellectual property rights of Hemlane and except for the limited license granted to you in Section 3, Hemlane reserves all of its intellectual property rights in the Services. Hemlane, Hemlane (stylized) and “T” logos and other Hemlane trademarks, service marks, graphics, and logos used in connection with Hemlane are trademarks or registered trademarks of Hemlane or Hemlane Affiliates in the U.S. and/or other countries. Other trademarks and logos used in connection with Hemlane may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

5. DISCLAIMER

5.1. USE OF THE HEMLANE PLATFORM IS ENTIRELY AT YOUR OWN RISK

To the fullest extent permitted by applicable law, the Hemlane Platform is provided on an "as is" basis without warranties of any kind, either express or implied. Neither Hemlane nor its affiliates or licensors warrant that the Hemlane Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the Hemlane Platform; nor do they make any warranty as to any professional's registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the Hemlane Platform, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, or any content, information or materials provided through or in connection with the use of the Hemlane Platform or this agreement. Additionally, you agree that any credit information that you authorize Hemlane to share with third parties is not error-free and may include information that does not pertain to you and Hemlane and its affiliates and its data providers are not responsible or liable for any action or decision taken by a third party based on the credit information.

Neither Hemlane nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the Hemlane Platform. Neither Hemlane nor its affiliates or licensors warrant that the Hemlane Platform is free from viruses, worms, trojan horses, or other harmful components. Hemlane and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

5.2. ADDITIONAL DISCLAIMER

The quality of the professional services on the Hemlane Platform is entirely the responsibility of the professional who ultimately provides such professional services to you as a third party provider. You understand, therefore, that by using the Hemlane Platform, you may be exposed to professional services that are potentially unscreened by the Hemlane team, and that you use the Hemlane Platform, and such professional, at your own risk.

You may also interact with maintenance coordinators on Hemlane. Maintenance coordinators are third party contractors who help schedule and follow up on service requests. You understand that it is your responsibility to manage the maintenance request and manage the maintenance coordinators.

Nothing in this Agreement or on the Hemlane Platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter, you should consult an appropriate professional.

By using the Hemlane Platform, you agree that the exclusions and limitations of liability set out in this Agreement are reasonable. If you do not believe they are reasonable, you must not use the Hemlane Platform. You accept that Hemlane has an interest in limiting the personal liability of its officers, directors and employees. You agree that you will not bring any claim personally against Hemlane's officers, directors or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect Hemlane's officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as Hemlane.

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.

6. LIMITATION OF LIABILITY

We are trying to limit any legal liability we may have to you.

6.1. NO LIABILITY

You agree not to hold Hemlane, its affiliates, its licensors, or any of such parties' agents, employees, officers, directors, corporate partners, or participants (collectively, "Hemlane") liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, "liabilities") that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the Hemlane Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any User, any instruction, advice, act, or service provided by Hemlane, and any destruction of your information. Under no circumstances will Hemlane be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the Hemlane Platform or any services, even if such parties were or should have been advised of the possibility of the same. Hemlane does not accept any liability with respect to the quality of work performed in connection with the Hemlane Platform, the professional services, or this Agreement. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that Hemlane is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Hemlane during the six (6) months prior to the time such claim arose.

6.2. RELEASE OF LIABILITY

Hemlane expressly disclaims any liability that may arise between Users of the Hemlane Platform. The Hemlane Platform is only a venue for connecting Users. To the extent that the Hemlane Platform connects a User to a third party provider for the purposes of providing services, hereunder, Hemlane will not be responsible for assessing the suitability, legality or ability of any third party providers and you expressly waive and release Hemlane from any and all liability, claims or damages arising from or in any way related to the third party service provider. Because Hemlane is not involved in the actual contact between Users or in the completion of any professional service, such as rental showings, maintenance coordination, or inspections, in the event that you have a dispute with one or more Users, you release Hemlane from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. you expressly waive and release any and all rights and benefits under section 1542 of the Civil Code of the State of California (or any analogous law of any other state), which reads as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor."

7. TERMINATION

7.1. MUTUAL RIGHTS OF TERMINATION

Hemlane may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Hemlane or the party paying for the services may terminate your access to any Premium Services. Termination of your Hemlane account includes disabling your access to Hemlane and may also bar you from any future use of Hemlane.

You may terminate this Agreement, for any or no reason, at any time, with notice to Hemlane pursuant to Section 9.3. This notice will be effective upon Hemlane processing your notice.

7.2. MISUSE OF THE SERVICES

Hemlane may restrict, suspend or terminate the account of any User for any reason, including anyone who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Hemlane messaging services; creating multiple or false agent profiles; creating false property listings; using the Services commercially without Hemlane’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in Section 10, or any other behavior that Hemlane, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Hemlane has adopted a policy of terminating accounts of Users who, in Hemlane’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

7.3. EFFECT OF TERMINATION

Upon termination of your Hemlane account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1, 4.2, and 4.3. (“Our Rights and Obligations”).

8. DISPUTE RESOLUTION

8.1. LAW AND FORUM FOR LEGAL DISPUTES

In the unlikely event we end up in a legal dispute, it will take place in California courts, applying California law.

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Hemlane, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Hemlane agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Hemlane agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Hemlane shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

8.2. ARBITRATION OPTION

Each of us will have the right to choose arbitration.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

9. GENERAL TERMS

9.1. SEVERABILITY

Here are some important details about how to read the Agreement.

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

9.2. LANGUAGE

Where Hemlane has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Hemlane.

9.3. NOTICES AND SERVICE OF PROCESS

In addition to Section 2.8 (“Notices and Service Messages”), we may notify you via postings on www.hemlane.com, or another Hemlane site or app. You may contact us via email at: support@hemlane.com or courier at: Hemlane, Inc. ATTN: Legal Department One Commerce Center 1201 Orange St #600, Wilmington, DE 19899. Additionally, Hemlane accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

9.4. ENTIRE AGREEMENT

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Hemlane regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hemlane services, third-party content or third party software.

9.5. AMENDMENTS TO THIS AGREEMENT

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.hemlane.com or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the Services. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

9.6. NO INFORMAL WAIVERS, AGREEMENTS OR REPRESENTATIONS

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Hemlane Affiliate shall be deemed legally binding on any Hemlane Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Hemlane.

9.7. NO INJUNCTIVE RELIEF

You waive your rights to try to stop Hemlane, but we don’t waive our rights to ask a court to stop your actions.

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

9.8. ASSIGNMENT AND DELEGATION

You can’t assign your rights under this Agreement, but we can.

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Hemlane, Inc. for any third party that assumes our rights and obligations under this Agreement.

9.9. POTENTIAL OTHER RIGHTS AND OBLIGATIONS

You may have rights or obligations under local law other than those enumerated here if you are located outside the United States.

10. HEMLANE “DOS” AND “DON’TS.”

As a condition to access Hemlane, you agree to this Terms of Use Agreement and to strictly observe the following DOs and DON’Ts:

10.1. DO UNDERTAKE THE FOLLOWING:

Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, Fair Housing Act Laws, Fair Credit Reporting Act, and regulatory requirements;

• Provide accurate information to us and update it as necessary;
• Review and comply with our Privacy Policy;
• Review and comply with notices sent by Hemlane concerning the Services;
• Use the Services in a professional manner; and
• Use your real name on your profile.

10.2. DON’T UNDERTAKE THE FOLLOWING:

Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, fraudulent, or objectionable content to Hemlane;

Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your financial information, credit information, and street address or other information that is confidential in nature;

Create a User account for anyone other than a natural person;

Harass, abuse or harm another person, including sending unwelcomed communications to others using Hemlane;

List a property with any language that goes against the FHA (see the Fair Housing Act section for more details on discrimination);

Collect a credit report for any reason other than for the purpose of leasing a property to a tenant (see Section 12 with the Credit Report And Tenant Screening API for Users on FCRA for allowable reasons to pull a credit report);

Invite people you do not know to join your rental properties on Hemlane.

Upload a profile image that is not your company logo, likeness, or a headshot photo;

Use or attempt to use another's account or create a false identity on Hemlane;

List a property listing that is not available or for which you do not own or have express consent from the property owner to list the rental, or create false listings on Hemlane;

Upload, post, email, message, transmit or otherwise make available or initiate any content that:

• Falsely states, impersonates or otherwise misrepresents your identity;
• Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
• Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Hemlane);
• Includes information that you do not have the right to disclose or make available under any law, FHA, FCRA, or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
• Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Hemlane messages to send messages to people who don’t know and have no intent to rent from them, to them, or with them; (b) using Hemlane to connect to people who don’t know you for the purpose of sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
• Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Hemlane or any user of Hemlane;
• Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
• Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Hemlane (excluding content posted by you) except as permitted in this Agreement, Hemlane’s developer terms and policies, or as expressly authorized by Hemlane;

Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;

Utilize or copy information, content or any data you view on or obtain from Hemlane to provide any service that is competitive, in Hemlane’s sole discretion, with Hemlane;

Imply or state, directly or indirectly, that you are affiliated with or endorsed by Hemlane unless you have entered into a written agreement with Hemlane (this includes, but is not limited to, representing yourself as an accredited Hemlane trainer if you have not been certified by Hemlane as such);

Adapt, modify or create derivative works based on Hemlane or technology underlying the

Services, or other Users’ content, in whole or part, except as permitted under Hemlane’s developer program;

Rent, lease, loan, trade, sell/re-sell access to Hemlane or any information therein, or the equivalent, in whole or part;

Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Hemlane web page other than Hemlane’s home page) unless expressly authorized in writing by Hemlane or for the purpose of promoting your profile or property on Hemlane.

Remove any copyright, trademark or other proprietary rights notices contained in or on Hemlane, including those of both Hemlane and any of its licensors;

Remove, cover or otherwise obscure any form of advertisement included on Hemlane;

Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Hemlane except as expressly permitted in this Agreement or as the owner of such information may expressly permit;

Infringe or use Hemlane’s brand, logos or trademarks, including, without limitation, using the word “Hemlane” in any business name, email, or URL or including Hemlane’s trademarks and logos or as expressly permitted by Hemlane;

Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;

Use bots or other automated methods to access Hemlane, add or download contacts, send or redirect messages, or perform other similar activities through Hemlane, unless explicitly permitted by Hemlane;

Access, via automated or manual means or processes, Hemlane for purposes of monitoring Hemlane’s availability, performance or functionality for any competitive purpose;

Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Hemlane’s website;

Attempt to or actually access Hemlane by any means other than through the interfaces provided by Hemlane such as its mobile application or by navigating to https://www.hemlane.com using a web browser. This prohibition includes accessing or attempting to access Hemlane using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Hemlane;

Attempt to or actually override any security component included in or underlying Hemlane;

Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Hemlane’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Hemlane personnel, attempting to gain unauthorized access to Hemlane, or transmitting or activating computer viruses through or on Hemlane; and/or

Interfere or disrupt or game Hemlane or the Services, including, but not limited to, any servers or networks connected to Hemlane, or Hemlane's search algorithms.

11. COMPLAINTS REGARDING CONTENT POSTED ON HEMLANE

If you think someone has stolen or misused your intellectual property on Hemlane, please check out our Copyright Policy.

We built Hemlane to help you navigate the rental industry and help landlords, agents, managers, and tenants be more successful. To achieve this purpose, we encourage our Users to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Hemlane provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures can be found here: Hemlane Copyright Policy and Flagging for removal policy. Claims regarding Copyright Infringement. Claims regarding content (other than copyright).

12. CREDIT REPORT AND TENANT SCREENING API

12.1 FAIR CREDIT REPORTING ACT

The Fair Credit Reporting Act (FCRA) allows you to obtain from each credit reporting agency a disclosure of all the information in your credit file at the time of the request. Full disclosure of information in your file at a credit reporting agency must be obtained directly from such credit reporting agency. The credit reports provided or requested through our Site are not intended to constitute the disclosure of information by a credit reporting agency as required by the Fair Credit Reporting Act or similar laws.

You are entitled to receive a free copy of your credit report from a credit reporting agency if:

• You have been denied or were otherwise notified of an adverse action related to credit, insurance, employment, or a government grant or other government granted benefit within the past sixty (60) days based on information in a credit report provided by such agency.
• You have been denied house/apartment rental or were required to pay a higher deposit than usually required within the past sixty (60) days based on information in a consumer report provided by such agency.
• You certify in writing that you are a recipient of pubic welfare assistance.
• You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.

In addition, if you are a resident of Colorado, Maine, Maryland, Massachusetts, New Jersey, or Vermont, you may receive one free copy of your credit report each year from the credit bureaus. If you are a resident of Georgia, you may receive two free copies of your credit report each year from the credit bureaus. Otherwise, a consumer reporting agency may impose a reasonable charge for providing you with a copy of your credit report.

The Fair Credit Reporting Act provides that you may dispute inaccurate or incomplete information in your credit report. You are not required to purchase your credit report from the Site or ShareAble in order to dispute inaccurate or incomplete information in your report or to receive a copy of your report from Equifax, Experian, or TransUnion, the three national credit reporting agencies, or from any other credit reporting agency.

TURSS requires Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA, listed in the Obligations of All Users of Consumer Reports.

12.2 DISPUTING CREDIT INFORMATION

The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file. You understand that accurate information cannot be changed.

12.3 CREDIT FRAUD ALERTS

Fraud Alerts are available to any eligible consumers—free of charge—from a national consumer reporting agency.

12.4 TRANSUNION MANDATORY TERMS FOR SCREENING USERS

12.4.1 GENERAL TERMS

A Tenant Screening report (“Screening Services”) provided through the Hemlane Platform is a direct integration with TransUnion® ShareAble ("ShareAble"), a product of TransUnion Rental Screening Solutions ("TURSS"). By using the Screening feature provided on the Hemlane Platform, the User agrees to the terms and conditions outlined by ShareAble and TURSS. It is very important to read and understand these terms, since the User agrees to be legally bound by these ShareAble terms. TURSS provides access to ShareAble to allow you to authorize and agree to provide your credit and public record information ("Credit Information") to third parties through the Hemlane Platform.

Users are requested to authenticate their identity (using information from public records and credit information related to the identifying information that you provide (e.g. Social Security Number, Date of Birth) ("Identifying Information")) and acknowledge that upon successful completion of identity verification, your Credit Information will be scored by TURSS and provided to third parties indicated on your request via the Hemlane Platform. You acknowledge and agree that TURSS and Hemlane are not responsible for any actions or decisions made by any third parties with whom you have agreed to share your Credit Information.

The images, text, screens, web pages, materials, data, content and other information ("Content") used and displayed through the Hemlane Platform are the property of TURSS or its licensors and are protected by copyright, trademark and other laws. In addition to its rights in individual elements of the Content within then Hemlane Platform, TURSS owns intellectual property rights in the selection, coordination, arrangement and enhancement of such Content. None of the Content may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express written permission of TURSS or the owner of the Content.

12.4.2 PRIVACY POLICY FOR SCREENING

By using Hemlane’s Screening service, you agree that we may use and share your personal information in accordance with the terms of the TURSS Privacy Statement. The TURSS Privacy Statement can be found at https://www.transunion.com/privacy/rental-screening-services.

12.4.3 NOTICES FOR SCREENING

You should send any notices or other communications regarding Screening services to ShareAble at

TransUnion Rental Screening Solutions 6430 S. Fiddler’s Green Circle, Suite 500 Greenwood Village, CO 80111

12.4.4 APPLICABLE LAW FOR SCREENING SERVICES

The laws applicable to the interpretation of these terms and conditions shall be the laws of the State of Illinois, USA, and applicable federal law, without regard to any conflict of law provisions. TURSS can provide credit reports only on individuals who have established credit in the United States. Those who choose to access the Hemlane Platform from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any and all disputes arising under this Agreement or out of TURSS' provision of services to you, if submitted to a court of law, shall be submitted to the state and federal courts of Northern District of Illinois, USA.

12.4.5 SCREENING FOR OWNERS, AGENTS, AND MANAGERS

User certifies that it is utilizing the Screening Services solely for assisting with making a residential or storage leasing decision.

12.4.5.1 Consumer Report Information.

TURSS makes certain consumer report information services from consumer reporting databases, including but not limited to consumer credit reports and criminal record reports (“Consumer Report Information”) available to its customers who have a permissible purpose for receiving such information in accordance with the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) including, without limitation, all amendments thereto ("FCRA"). For the purposes of this Agreement, the term “adverse action” shall have the same meaning as that term is defined in the FCRA.

12.4.5.2 FCRA Penalties

THE FCRA PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, OR IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

12.4.5.3 Recommendations

Using Applicant and/or Tenant information provided to Hemlane ("Applicant/Tenant Information"), Hemlane will obtain consumer reports relating to each Applicant and/or Tenant and Hemlane will evaluate the consumer reports ("Applicant/Tenant Reviews"). Based on the results of the Applicant/Tenant Reviews, Hemlane will provide the User with a Recommendation with respect to the Applicant and/or Tenant, based on the initial thresholds established by Hemlane. Such thresholds, delivery specifications and decision criteria, and any changes thereto, shall be supplied or confirmed by User in writing. It is User’s obligation, however, to ensure compliance with any legal obligations when providing any information to an Applicant and/or Tenant.

12.4.5.4 All Rental Decisions to be made by the User

User acknowledges and agrees that Hemlane provides only Recommendations as to actions concerning an Applicant or a Tenant, and further acknowledges and agrees that all decisions of whether or not to rent property to a particular Applicant or Tenant, as well as the length of and terms of any such rental, will be made by Subscriber. Hemlane shall have no liability to a User, Tenant or other person or entity for any rental, or the failure to rent, to any Applicant or Tenant, or the terms of any such rental, regardless of whether or not Subscriber's decision was based on Recommendations, Consumer Report Information, public records, or other information provided to Subscriber by TURSS.

12.4.5.5 Adverse Action Factors

TURSS may provide score reason codes to User, which are designed to indicate the principal factors that contributed to the Bureau Score, and may be disclosed to consumers as the reasons for taking adverse action, as required by the Equal Credit Opportunity Act ("ECOA") and its implementing Regulation (“Reg. B”). The Bureau Score itself, when accompanied by the corresponding reason codes, may also be disclosed to the consumer who is the subject of the Bureau Score. However, the Bureau Score itself may not be used as the reason for adverse action under Reg. B.

12.4.5.6 Score Performance

Certain Scores are implemented with standard minimum exclusion criteria. TURSS warrants that the scoring algorithms used in the computation of the scoring services, provided under this Agreement, ("Models") are empirically derived from credit data and are a demonstrably and statistically sound method of rank-ordering candidate records with respect to the purpose of the Scores when applied to the population for which they were developed, and that no scoring algorithm used by a Score uses a "prohibited basis" as that term is defined in ECOA and Reg. B promulgated thereunder. The Bureau Score may appear on a credit report for convenience only, but is not a part of the credit report nor does it add to the information in the report on which it is based.

PRIVACY POLICY

Last revised on September 29, 2023

1. WHAT INFORMATION WE COLLECT

Our Privacy Policy applies to any User or Visitor.

The personal information provided to or gathered by Hemlane is controlled by Hemlane, Inc. If you have any concern about providing information to us or having such information displayed on the Hemlane services or otherwise used in any manner permitted in this Privacy Policy and the Terms or Use Agreement (together also referred to as Hemlane’s Terms of Service), you should not become a User of Hemlane, visit our websites, apps or otherwise use our Services. If you have already registered, you must deactivate your account, if you do not agree to the terms herein.

We may collect personal information from you when you interact with our Services. The categories of personal information we collect may include, but are not limited to:

• Identifiers (e.g., name, email address, IP address)
• Personal information (e.g., address, telephone number)
• Communication (e.g. exchanges with you when you contact us through our service)
• Commercial information (e.g., purchase history)
• Internet or other electronic network activity information (e.g., browsing history, interactions with our website)
• Geolocation data
• Inferences drawn from any of the above information to create a profile about you

Below you will find the ways and details on how we collect information.

1.1. REGISTRATION

When you create an account with us, you provide us with information (including but not limited to your name, email address, and password) that we use to offer you a personalized, relevant experience on Hemlane.

To create an account on Hemlane, you must provide us with at least your name, email address, and a password. During the application process, you can choose to provide further information about yourself. In the future we may use this information to provide you with more customized services, such as content, more relevant listings, and valuable tenant opportunities. In addition, it may appear on your Hemlane profile that is viewable by Hemlane Users. You understand that, by creating an account, Hemlane and others will be able to identify you by your Hemlane profile, and you allow Hemlane to use this information in accordance with this Privacy Policy and our Terms of Use Agreement. We may also ask for your credit card details if you purchase certain Hemlane services.

1.2. PROFILE INFORMATION

For property owners, real estate agents, and property managers, you can add professional details (such as your company, real estate license, and expertise) to your profile. Hemlane has the right to verify the accuracy of this information.

For tenants, you may choose to provide additional information on your Hemlane application. Hemlane may validate the accuracy of this data and by creating an account or using our Services, you agree to this outreach. For example, Hemlane may contact past landlords to confirm the landlord owns the listed address and rented to you for the specific dates you entered, among other questions that may be verified by Hemlane in such outreach. Your connections and past landlords may provide recommendations, endorsements, and information about you.

Please note that when you send an invitation to connect to another User (an owner, agent, property manager, or tenant) that person may have access to your email address, mobile number, and profile. Hemlane may also remind you of pending invitations but is not required to.

1.3. CALENDAR THAT SYNCS WITH HEMLANE

In the future, we plan to sync non-Hemlane content – such as your calendar – with your account. We will use this information to improve scheduling property showings. You can remove your calendar whenever you'd like but you are required to take this affirmative step to avoid your agreement to Hemlane having access to non-Hemlane content.

Any information that you sync with Hemlane is covered by the Terms of Use Agreement and this Privacy Policy. Again, you can remove your calendar at any time but it requires an active step on your part.

1.4. CUSTOMER SERVICE

When you contact our Support Center, we collect information to respond to your questions, which allows us to better serve you. When you contact our customer support services, we collect information that helps us categorize your question, respond to it, and, if applicable, investigate any breach of our Terms of Use Agreement or this Privacy Policy. We also use this information to track potential problems and trends and customize our support responses to better serve you.

1.5. USING THE HEMLANE SITES AND APPLICATIONS

We collect information when you use (whether as a User or a Visitor) the Hemlane website. For example, we collect information when you submit an application (tenants) or list a rental property (owners, agents, and managers). If you are logged in on hemlane.com or another Service or if a Hemlane cookie on your device identifies you, your usage information and the log data described in Section 1.9 of this Policy, such as your IP address, will be associated with your account. Even if you’re not logged into a Service, we log information about devices used to access our Services, including IP address.

1.6. COOKIES

We may use cookies and similar technologies, including mobile application identifiers, to help us recognize you across different Services, improve your Hemlane experience, increase security, measure use and effectiveness of our Services, and serve advertising. You can control cookies through your browser settings and other tools. By visiting Hemlane, you consent to the placement of cookies and other tracking technologies, including Google Analytics, in your browser and HTML-based emails in accordance with this Privacy Policy.

1.7. ADVERTISING TECHNOLOGIES AND WEB BEACONS

We may target ads to you on and off Hemlane, based on information you included in your profile and your use of Hemlane. If you do not want to receive targeted Hemlane ads on third-party sites, you can opt out by sending an email to support@hemlane.com with the subject line “Advertising Opt out.” Please note this does not opt you out of being served advertising. You will continue to receive generic ads or targeted ads by companies not listed with these opt-out tools.

We may target ads to Users and Visitors both on and off Hemlane through a variety of ad networks and ad exchanges, using:

• Advertising technologies like web beacons, pixels, ad tags, cookies, and mobile identifiers as permitted by mobile platforms both on and off Hemlane;
• Information from advertising partners which we use to help deliver ads more relevant to you.

We do not share personally identifiable information with any third-party advertiser or ad network, although your public profile is visible to other Users and through public search depending on your settings.

1.8. LOG FILES, IP ADDRESSES, AND INFORMATION ABOUT YOUR COMPUTER AND MOBILE DEVICE

We collect information from the devices and networks that you use to access Hemlane. This information helps us improve and secure our Services.

When you visit or leave Hemlane sites or apps (whether as a User or Visitor) by clicking a hyperlink or when you view a plugin on a third-party site, we automatically receive the URL of the site from which you came or the one to which you are directed. Also, advertisers receive the URL of the page that you are on when you click an ad on Hemlane. We also receive the internet protocol (“IP”) address of your computer or the proxy server that you use to access the web, your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system (if you are accessing Hemlane using a mobile device), and the name of your ISP or your mobile carrier. We may also receive location data passed to us from third-party services or GPS-enabled devices that you have set up, which we use to show you local information on our mobile applications. Most mobile devices allow you to prevent real time location data being sent to Hemlane, and of course Hemlane will honor your settings.

In the case of our Android apps, you will be provided notice of the types of data (e.g., location) that will be sent to us. If you choose to use our app after this notice, we process this data to enable registration or preview product features for you (e.g., jobs near you). If you choose not to become a User, we will delete this information.

1.9. THIRD-PARTY PROVIDER INFORMATION

Third-party providers send Hemlane information through APIs and data providers. For example, if you sign up or login via Facebook or Google, you agree to share certain profile and account information associated with these third-party providers. We also receive information from data providers to enhance your experience, such as information regarding the square footage of a property that will be listed through Hemlane. This information includes, but is not limited to, property, property ownership, and publicly available information. The data we receive from third-party providers is dependent upon their policies and your privacy settings on their websites.

1.10. OTHER

We are constantly innovating to improve our Services, which means we may create new ways to collect information on the Services.

Hemlane is a dynamic, innovative platform, which means we are always seeking to improve the services we offer you. We often introduce new features, some of which may result in the collection of new information. Furthermore, new partnerships or corporate acquisitions may result in new features, and we may potentially collect new types of information.

2. HOW WE USE YOUR PERSONAL INFORMATION

2.1. CONSENT TO HEMLANE PROCESSING INFORMATION ABOUT YOU

When you join Hemlane, you acknowledge that information you provide on your profile can be seen by others and used by us as described in this Privacy Policy and our Terms of Use Agreement.

The personal information you provide to us may reveal or allow others to identify aspects of your life that are not expressly stated on your profile (for example, your picture or your name may reveal your gender). By providing personal information to us when you create or update your account and profile, you are expressly and voluntarily accepting the terms and conditions of Hemlane’s Terms of Use Agreement and freely accepting and agreeing to our processing of your personal information in ways set out by this Privacy Policy. Supplying to us any information deemed “sensitive” by applicable law is entirely voluntary on your part. You have the right to withdraw or modify your consent to Hemlane’s collection and processing of the information you provide at any time, in accordance with the terms of this Privacy Policy and the Terms of Use Agreement, by changing your account settings or your profile on Hemlane.

2.2. HEMLANE COMMUNICATIONS

We communicate with you using Hemlane in-app messaging, email, text messages, phone, and other means available to us. We may send you messages relating to the availability of the Services, security, or other service-related issues through our application or otherwise. We may also send promotional messages to you. You can change your in app settings, the unsubscribe feature at the bottom of emails, or the STOP reply on text messages at any time.

We communicate with you through in app messages, calls, emails, texts, and other means available through the Services. Examples of these communications include: (1) welcome and engagement communications - informing you about how to best use Hemlane, new features, etc.; (2) service communications; these will cover service availability, security, and other issues about the functioning of Hemlane; (3) promotional communications; these include both email and messages delivered to your Hemlane inbox, and may contain promotional information. These messages will be sent to you based on your information in Hemlane and messaging preferences. Hemlane tracks the open rate of your emails and messages to provide your message acceptance score. You may change your email and contact preferences at any time by signing into your account and changing your email settings. You can also opt out of promotional emails and messages by sending a request to Hemlane. Please be aware that you cannot opt out of receiving service emails from Hemlane.

2.3. USER COMMUNICATIONS

With certain communications you send on Hemlane, the recipient can see your name, email address, and some network information.

Many communications that you initiate through Hemlane (for example, sending a message to your property owner) may list your name and primary email address in the header of the email. Other communications that you initiate through the Services, like as maintenance request, will list your name as the initiator and will include your contact information. Once you have engaged with another individual, regardless of who sent the invitation, your contact information will be shared with that individual and that individual’s information will be shared with you.

2.4. CUSTOMIZED CONTENT

We use information that you provide to us to customize your experience and the experiences of others on Hemlane. We also use aggregated information to show you content, such as your rentals’ marketing performance compared to other rentals on the market.

2.5. SEARCH

You can search for agents, managers, rental opportunities, and information about rentals. We may use personal information from Hemlane, including agent profiles and rental listings, to inform and refine our search service.

2.6. TENANT GROUPS

For applicants and tenants, you should be aware that any information you choose to disclose may be available to the respective landlord, manager, and tenants applying or living with you. Information supplied during the application and lease process may be read and viewed based on permission settings.

Furthermore, you give Hemlane permission to provide your information to an independent real estate agent or landlord to email or call the phone number you have provided to us, which may include your wireless number, and to leave you a prerecorded message using automated technology. You agree that this consent applies even if the number you have provided is currently on any state, federal, or corporate Do-Not-Call registry.

2.7. TESTIMONIALS PLACED THROUGH HEMLANE AFFILIATES

If you provide any testimonials about our services, we may post those testimonials with our promotion of these services on our website. Testimonials may include your name and other personal information that you have provided.

2.8. PAGES FOR RENTAL PROPERTIES

Rental properties are given a public page on Hemlane. Hemlane allows landlords, agents, and managers to create pages for their rental properties. These pages are public, and any communications or information shared through them will be accessible by the entity that created them. If you apply to the rental property, you will be listed among its applicants, with your information viewable by the landlord or managers. Hemlane may use aggregate information about applicants to provide data about its performance (for example, visits and application completeness).

2.9. AGENT PROFILES

Hemlane offers an “agent profile” feature that allows Users to publish portions of their Hemlane profile to the public Internet. This agent profile will be indexed and displayed through public search engines when someone searches for your name. You may completely opt out of this feature in your Hemlane account settings.

Any information you add to your agent profile, rental listings or any content you post on Hemlane may be seen by others. We don’t provide any of your non-public information (like your email address) to third parties without your consent, unless required by law, or as described in Section 2.10 of this Policy. Other people may find your Hemlane agent profile or rental listing through search engines. Unless you delete them, your profiles on hemlane.com and our corresponding app are always viewable on the respective Services.

2.10. SERVICE PROVIDERS

We may employ or contract third-party companies and individuals to facilitate our Services (e.g. maintenance and repairs, analysis, audit, marketing and development). These third parties have limited access to your information only to perform these tasks on our behalf and are obligated to Hemlane not to disclose or use it for other purposes.

2.11. SHARING INFORMATION WITH OTHER THIRD PARTIES

We do not rent or sell personal information that you have not posted on Hemlane, except as described in this Privacy Policy. We will not disclose personal information that is not published to your agent profile or generated through engagement with other Hemlane services, such as a rental listing, without your consent or to carry out your instructions (for example, to process payment information) unless Hemlane has a good faith belief that disclosure is permitted by law or is reasonably necessary to: (1) comply with a legal requirement (refer to Section 2.13); (2) enforce this Privacy Policy or our Terms of Use Agreement; (3) respond to claims of a violation of the rights of third parties; (4) respond to User service inquiries; or (5) protect the rights, property, or safety of Hemlane, our Users, Visitors, or the public.

Content distributed through Hemlane’s sharing features and third-party integrations may result in displaying some of your personal information outside of Hemlane. Further, Hemlane allows third parties to look up information, subject to your privacy settings, using your email address or first and last name information through its profile API.

We may share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

2.12. GOOGLE ANALYTICS, ADVERTISING, AND CACHE

We use Google Analytics to recognize you and link your devices. We share unique identifiers, such as your user ID or hashed email address, with Google to support this service. For information on how Google collects and processes data, as well as how you can control this information, visit www.google.com/policies/privacy/partners/. You can choose to use Google Analytics’ opt-out browser add-on by visiting https://tools.google.com/dlpage/gaoptout/.

We allow certain third parties, such as online advertisers, to collect your personal information via automated technologies on Hemlane in exchange for non-monetary consideration. We share the categories of personal information listed below for the business and commercial purposes of online advertising and to provide third-party social network features and functionality on Hemlane. Those third parties may use your personal information for optimization, display cross-contextual advertising and manage their own platforms. You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “sharing” under California law, as set forth below.

We may also use past advertisements and behavior to inform, optimize, and display future advertisements. You may opt-out of certain Google advertising products by visiting https://google.com/ads/preferences or by visiting NAI’s online resources at http://www.networkadvertising.org/choices

If you update your information on our website, third-party search engines may not automatically update their caches, which may contain old profile and rental property information.

2.13. COMPLIANCE WITH LEGAL PROCESS AND OTHER DISCLOSURES

We may disclose your personal information if compelled by law, subpoena, or other legal process, or if necessary to enforce our Terms of Use Agreement.

It is possible that we may need to disclose personal information, agent profile information, or information about your activities as a User or Visitor when required by law, subpoena, or other legal process, or if Hemlane has a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce the Terms of Use Agreement, investigate and defend ourselves against any third-party claims or allegations, or protect the security or integrity of our Service; or (3) exercise or protect the rights, property, or safety of Hemlane, our Users, personnel, or others. We attempt to notify Users about legal demands for their data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. In light of our principles, we may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but do not commit to challenge every demand. To find out more about how Hemlane engages with government requests for data see our Law Enforcement Data Request Guidelines.

2.14. DISCLOSURES TO OTHERS AS THE RESULT OF A CHANGE IN CONTROL OR SALE OF HEMLANE

If there is a change in control or sale of all or part of Hemlane, we may share your information with a third party, who will have the right to use that information in line with this Privacy Policy.

We may also disclose your personal information to a third party as part of a sale of the assets of Hemlane Inc., a subsidiary, or division, or as the result of a change in control of the company or one of its affiliates, or in preparation for any of these events. Any third party to which Hemlane transfers or sells Hemlane’s assets will have the right to continue to use the personal and other information that you provide to us in the manner set out in this Privacy Policy.

2.15. SHARING INFORMATION WITHOUT SAFEGUARDS

User shall implement, and shall take measures to maintain, reasonable and appropriate administrative, technical, and physical security safeguards to (a) ensure the security and confidentiality of non-public personal information; (b) protect against anticipated threats or hazards to the security or integrity of non-public personal information; and (c) protect against unauthorized access or use of non-public personal information that could result in substantial harm or inconvenience to any consumer.

When a consumer’s personal information (including but not limited to a first name or first initial and last name in combination with a social security number), is delivered to the User unencrypted, the User shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information and to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. User shall notify Hemlane in writing as soon as practicable but in no event later than forty-eight hours after which the User becomes aware of any potential and/or actual misappropriation of, and/or any unauthorized disclosures of, any information provided to the User by Hemlane, including, but not limited to theft, loss or interception of Consumer Report Information, unauthorized use of the Users codes and passwords. User shall fully cooperate with Hemlane in any communications to consumers regarding the data incident and mitigating, to the extent practicable, any damages due to such misappropriation and/or unauthorized disclosure. Such cooperation shall include, but not necessarily be limited to, allowing Hemlane to participate in the investigation of the cause and extent of such misappropriation and/or unauthorized disclosure. Such cooperation shall not relieve the User of any liability it may have as a result of such a misappropriation and/or unauthorized disclosure. Moreover, without Hemlane’s prior consent, User shall make no public notification, including but not limited to press releases or consumer notifications, of the potential or actual occurrence of such misappropriation and/or unauthorized disclosure of any such information provided to User. Public notification in violation of this provision shall entitle Hemlane to all fees and costs related to or resulting from such notification.

3. STATE LAW PRIVACY RIGHTS

Unless specified otherwise, this section is applicable to residents of California and Virginia, as well as residents of other states with privacy laws that afford their residents the rights outlined herein. These privacy laws include but are not limited to the California Consumer Privacy Act (“CCPA”) and the Virginia Consumer Data Protection Act (“VCDPA”).

In the context of this section, “personal information” is defined in accordance with the terminology used in the privacy laws of the state in which you are a resident, which may include terms like “personal data” or “personal information.” Please be aware that not all the rights listed below may be applicable to every user, and if you are not a resident of the relevant states, you may not have the opportunity to exercise these rights. Furthermore, if you do not provide us with enough information to verify your identity or comprehend and address your request, we may not be able to process it.

3.1. CCPA AND VCDPA RIGHTS

These rights may include:

• Right to Know or Information: You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which the information was collected, the purposes for which we use the information, and the categories of third parties with whom we share the information.
• Right to Access: You may request a copy of the specific pieces of personal information that we collect about you.
• Right to Correct Inaccurate Information: You may ask to correct inaccurate personal information that we maintain about you.
• Right to Opt-Out of Sale or Share: The right to opt-out of the sale or sharing of your personal information by us.
• Right to Delete: You have the right to request the deletion of your personal information we have collected, subject to certain exceptions. Please note that once we process a deletion request, we will be unable to provide any online or digital services to you or support for past products or services that you may have purchased.
• Right to Opt-Out: You have the right to opt-out of the sale of your personal information, if applicable.
• Right to Non-Discrimination: We will not discriminate against you for exercising your rights under the CCPA and VCDPA, such as by denying you goods or services, charging you different

You can exercise any of your CCPA and VCDPA rights described in the previous section by emailing legal@hemlane.com.

Failure to provide us with adequate information to comprehend and respond to your request will result in our inability to process it. If you are a Virginia resident, you have the option to appeal any denial of your request using the same method through which you initially submitted your request.

3.2. TARGETED ADVERTISING OPT-OUT

You may exercise your right to opt-out of tracking for targeted advertising purposes.

Similar to other businesses, we employ services to facilitate the delivery of interest-based advertisements to you. You have the option to make requests for opting out of tracking for personalized advertising by visiting the “Do Not Sell or Share My Personal Information” page. Please note that your opt-out request will be applicable solely to the specific browser and device from which you initiate the request.

Additionally, you can utilize the Global Privacy Control (GPC) to opt-out across all participating browser systems that you utilize. To obtain more information about GPC and its functionalities, please visit the Global Privacy Control website.

3.3. VERIFICATION OF IDENTITY

In order to effectively handle your requests for information access, correction, or deletion, it may be necessary for us to verify your identity and, if applicable, your residency. To carry out this verification process, we may request various forms of documentation or information, including but not limited to government identification, a declaration made under penalty of perjury, authentication of your Service account, personal identifiers that can be cross-referenced with data we may have previously collected from you, confirmation of your request via the email or telephone account provided in the request, or other legally permissible means, where applicable by law.

3.4. AUTHORIZED AGENTS

A designated representative, acting as your authorized agent, has the potential to initiate a request on your behalf. However, in order to proceed, we may find it necessary to confirm both the identity and the legitimate authority of your authorized agent to act in your stead. This confirmation may entail the submission of a valid power of attorney, as required by relevant legal provisions, granting your authorized agent the authority to represent you.

If you have not furnished your authorized agent with such a power of attorney, we may request that you undertake additional measures, as permitted by applicable law, to establish the validity of your agent's authorization. These measures could include providing your agent with written and signed consent authorizing them to exercise your rights on your behalf, the pertinent information needed for identity verification, and confirmation that you have indeed granted your authorized agent the authorization to submit the request.

3.5. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

The following describes our practices currently and during the past 12 months:

Sales. We do not “sell” personal information as defined by the CCPA and have not sold personal information in the preceding 12 months except to the extent that use of the interest-based advertising services described above constitutes a “sale” under the CCPA. We do not have actual knowledge that we have sold or shared the personal information of California residents who are under 16 years of age.

Retention. We will retain each category of personal information identified below for as long as reasonably necessary to maintain the Service, to meet legal and accounting obligations, and for the other purposes described in this Privacy Policy, or as otherwise required or permitted by law,unless specifically authorized to be retained longer. We may anonymize and/or aggregate personal information and store it in order to analyze aggregate metrics and trends. For more information about our retention policy, including how we determine the appropriate retention period for personal information, please see the Retention section earlier in this Privacy Policy.

Sensitive personal information. We do not use or disclose sensitive personal information for purposes that California residents have a right to limit under the CCPA.

Deidentification. We do not to attempt to reidentify deidentified information derived from personal information, except for the purpose of testing whether our deidentification processes comply with applicable law.

FALSE ACCOUNT & LISTING POLICY

Last revised on June 28, 2022

What should I do if I find a fake account or listing?

If you in good faith believe that content listed in the body of a member's profile or property listing is inaccurate or unlawful, then you may email us at support@hemlane.com with the subject line “False Account” or “False Listing.” In the body of the email please include a link to the profile or listing.

Once you've sent the email, a Hemlane representative will review upon receipt.

Important Note: Any assertions made by you in submitting this form are under penalty of perjury. We may provide the contact information included in claims about inaccurate or unlawful profile or listing information, including email address, to the member that posted the allegedly inaccurate content. You can also find a link to our Copyright Policy at the bottom of our homepage which details Hemlane's policies for handling these claims.

COPYRIGHT POLICY

Last revised on June 28, 2022

COMPLAINTS REGARDING INTERACTIONS AND CONTENT POSTED ON THE HEMLANE WEBSITE

Hemlane respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our Terms of Use Agreement requires that information posted by Users be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, Hemlane provides a process for submission of complaints concerning content posted by our Users. Our policy and procedures are described and/or referenced in the sections that follow.

Please note that whether or not we disable access to or remove content, Hemlane may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the User who posted the content and/or take other reasonable steps to notify the User that Hemlane has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Users, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.

Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.

CLAIMS REGARDING COPYRIGHT INFRINGEMENT

NOTICE OF COPYRIGHT INFRINGEMENT:

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Hemlane has implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may complete and submit a written communication which contains:

• 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 specifying the location on our website of the material that you claim is infringing;
• Your telephone number and e-mail 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please submit your notice by email to this address: support@hemlane.com

COUNTER-NOTICE:

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may provide a written communication which contains:

1. Your physical or electronic signature;
2. Identification of the material removed or to which access has been disabled;
3. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
4. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (San Mateo County), if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.

Please submit your Counter-Notice to Hemlane via email to support@hemlane.com.

CLAIMS REGARDING CONTENT OTHER THAN COPYRIGHT INFRINGEMENT

For issues other than copyright infringement please simply email support@hemlane.com with any content that you wish to flag and report as being in violation. Learn more:

• Reporting Inappropriate Content, Messages, or Safety Concerns
• Hemlane's Trademark Policy
• Hemlane's False Account & Listing Policy

Notice regarding Associated Press content on Hemlane: Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

TRADEMARK POLICY

Last revised on June 28, 2022

What should I do if another member posts infringing content?

If you in good faith believe that content posted by a member on our website infringes your intellectual property rights (other than copyright -- in which case please see Hemlane's Copyright Policy) or is inaccurate or unlawful, you may contact us at support@hemlane.com.

Important Note: Any assertions made by you when submitting this email are under penalty of perjury.

You can also find a link to our Copyright and Content Policies at the bottom of your homepage which details Hemlane's policies for handling these claims.

FAIR HOUSING ACT (FHA)

Last revised on June 28, 2022

Equal Housing opportunity is Everyone's Right! Stating a discriminatory preference in a housing post is illegal.

When making any property listing on Hemlane, you must comply with section 3604(c) of the Federal Fair Housing Act. This law generally prohibits stating, in any notice or rental of a dwelling, a discriminatory preference based on any of the following six protected categories:

1. Race or Color
2. National Origin
3. Religion
4. Sex
5. Familial Status
6. Handicap / Disability

The Fair Housing Act provides additional protections, and limited exceptions, that are explained in publications from the U.S. Department of Housing and Urban Development ("HUD") and the Department of Justice.

State and local laws often prohibit discrimination based on other factors (e.g. sexual orientation, age, marital status, or source of income). Please refer to the actual laws or your local Fair Housing center for more information of local laws.

You may report housing discrimination to HUD at 1-800-669-9777, or to a fair housing advocate near you.

If you encounter a housing posting on Hemlane that you believe violates the Fair Housing laws, please flag the listing by emailing support@hemlane.com with the subject line “Flag for Removal”.

In addition to penalties that may be applied by regulatory agencies, attempts to post discriminatory ads may be blocked and/or subjected to other remedial measures.

By using Hemlane, you agree to abide by the Fair Housing Laws relevant to your applicable jurisdiction. Hemlane hereby refers you to the following link, where you can find more information regarding Fair Housing and your legal rights.