TERMS OF USE

Please read these terms of use carefully before using this site. By using this site, you signify your assent to these terms. If you do not agree to these terms, please do not use the site.

Agreement Between You and SchoolMatch® by Public Priority Systems, Inc.

The HouseAppreciation.com Index by SchoolMatch® is operated by Public Priority Systems, Inc, (SchoolMatch) of 6167 Deeside Drive, Dublin, Ohio 43017. This Terms of Use and Notices applies to the SchoolMatch.com and related Web Sites and does not apply to the content of third parties.

The SchoolMatch Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the SchoolMatch Sites constitutes your agreement to all such terms, conditions, and notices.

Links to Third Party Sites

The SchoolMatch Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of SchoolMatch and SchoolMatch is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SchoolMatch is not responsible for webcasting or any other form of transmission received from any Linked Site nor is SchoolMatch responsible if the Linked Site is not working appropriately. SchoolMatch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SchoolMatch of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the SchoolMatch Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SchoolMatch shall not be responsible or liable for any part of any such dealings or promotions.

Privacy and Protection of Personal Information

See Privacy Statement for disclosures relating to the collection and use of your personal information.

Member Account, Password, and Security

If a particular SchoolMatch Site, or any product or service offered on any SchoolMatch Web Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SchoolMatch immediately of any unauthorized use of your account or any other breach of security. SchoolMatch will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SchoolMatch or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

Modification of These Terms of Use

SchoolMatch reserves the right to change the terms, conditions, and notices under which the sites are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the sitesconstitutes your agreement to all such terms, conditions, and notices.

No Unlawful or Prohibited Use

As a condition of your use of the SchoolMatch Sites/Services, you will not use the SchoolMatch Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the SchoolMatch Sites/Services in any manner that could damage, disable, overburden, or impair any SchoolMatch Site/Service(s) (or the network(s) connected to any SchoolMatch Site/Service(s)) or interfere with any other party's use and enjoyment of any SchoolMatch Site/Service(s). You may not attempt to gain unauthorized access to any SchoolMatch Site/Service, other accounts, computer systems or networks connected to any SchoolMatch Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SchoolMatch Sites/Services.

Termination/Access Restriction

SchoolMatch reserves the right, in its sole discretion, to terminate your access to any or all SchoolMatch Sites/Services and the related services or any portion thereof at any time, without notice. SchoolMatch may also terminate or suspend your access to SchoolMatch Site/Service(s) for inactivity. SchoolMatch shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

General

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Ohio, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of Ohio. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Franklin County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the SchoolMatch Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SchoolMatch as a result of this agreement or use of the SchoolMatch Sites/Services. You agree to indemnify and hold SchoolMatch, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the SCHOOLMATCHSites/Services.

Copyright and Trademark Notices:

All contents of the SchoolMatch Web Sites are: Copyright (c) 1986-2003 SchoolMatch by Public Priority Systems, Inc, 6167 Deeside Drive, Dublin, Ohio 43017 All rights reserved.

Accuracy of Information and Calculations

Information and calculations appearing on the SchoolMatch HouseAppreciation.com Index and that may appear in any e-mail, pager, cell phone or other alerts provided as part of the SchoolMatch site is believed to be accurate, but neither SchoolMatch nor its suppliers warrant or guarantee such accuracy. You should independently verify all relevant information and calculations prior to making any investment decisions based on such information. SchoolMatch may change, update or correct all or any portion of the SchoolMatch site and the information and calculations contained therein at any time without notice to you.

Home Value Estimates

In no event may a user of the HouseAppreciation.com Index (Index) use such Index (including valuations or other data or information produced by or in connection with the Index), or any portion thereof, to reverse engineer, reproduce, or otherwise recreate the Index, any valuations or other data or information produced by or in connection with the Index or any product or service or any portion thereof. Each user of the Index and any data or information produced by the Index shall be solely responsible for compliance with all applicable laws and regulations relating to such user's use of the Index and associated data and information.

No Professional Advice

The information appearing in the SchoolMatch HouseAppreciation.com Index is intended solely as general guidance on the house buying and financing processes, and does not constitute legal, tax, accounting or other professional advice. Real estate contracts, closing procedures and disclosures are in part guided by state law. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Accuracy of Information and Calculations

Information appearing on the SchoolMatch HouseAppreciation.com Index Web site and in e-mail alerts is believed to be accurate, but SchoolMatch and its suppliers do not warrant or guarantee such accuracy. Iinformation on the SchoolMatch HouseAppreication.com Index Web site is subject to change. You should independently verify all relevant information prior to making any decisions based on such information.

SchoolMatch Billing:

Charges on your Billing Account

SchoolMatch bills you online (your "Billing Account") for services and items obtained under this Agreement. You agree to pay SchoolMatch all charges at the prices then in effect for any Products ordered by you or other persons (including your agents) using your Billing Account, and you authorize SchoolMatch to charge your chosen payment method (your "Payment Method") for such Products. You agree to make payment using that selected Payment Method. SchoolMatch reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER TO RECEIVE THE PRODUCTS ORDERED.

YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY SCHOOLMATCH IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT
*** billing site ***
IF YOU FAIL TO PROVIDE SchoolMatch® ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SchoolMatch MAY CONTINUE CHARGING YOU FOR ANY PRODUCT PROVIDED UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR SUCH PRODUCT (CONFIRMED IN WRITING UPON REQUEST).

Currency exchange settlements will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If SchoolMatch does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Billing Account upon demand. If the amount to be charged to your Billing Account varies from the amount you preauthorized, you have the right to receive, and SchoolMatch shall so provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with the Payment Method Provider will govern your use of your Payment Method. You agree that SchoolMatch may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

SCHOOLMATCH MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SCHOOLMATCH REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO *** billing info site ***.

Your non-termination or continued use of the Products on your Billing Account reaffirms that SchoolMatch is authorized to charge your Payment Method. SchoolMatch may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive SchoolMatch's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable Product.

Refund Policies

Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.

TO THE EXTENT ALLOWED BY LAW, YOU RELEASE SchoolMatch FROM ANY AND ALL LIABILITY AND CLAIMS OF LOSS RESULTING FROM ANY ERROR THAT IS NOT REPORTED TO SCHOOLMATCH WITHIN 120 DAYS AFTER THE ERROR FIRST APPEARS.

Due Date: Late Charge; Collection Costs

The amount due to SchoolMatch for your Billing Account must be paid in full by your Payment Method Provider on the date such payment is requested by SchoolMatch, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by SchoolMatch on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. SchoolMatch reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.

Default

If SchoolMatch does not receive payment for any charge to your Billing Account, you will be in default and SchoolMatch may suspend or cancel your Billing Account and your access to any or all SchoolMatch Products. If your Payment Method Provider seeks return of payments previously made to SchoolMatch, but SchoolMatch in good faith believes that you are liable for the charge and applicable law allows the Payment Method Provider to seek payment from you, you will also be in default and SchoolMatch may cancel your Billing Account and your access to any or all Products.

CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, SCHOOLMATCH MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A SCHOOLMATCH SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.

Termination, Cancellation or Suspension

SchoolMatch may, in its discretion, terminate, cancel, or suspend an accepted order if SchoolMatch is notified that your Payment Method has expired or has been canceled, or if SchoolMatch has reason to believe that any Billing Account information provided to SchoolMatch is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or SchoolMatch, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before SchoolMatch could reasonably act on your termination notice). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.

General

You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. SchoolMatch may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.

This site is owned and operated by SCHOOLMATCH by Public Priority Systems, Inc. (referred to as "SchoolMatch," "we," "us" or "our" herein). No material from SchoolMatch or any Web site owned, operated, licensed or controlled by SchoolMatch may be copied, reproduced, republished, uploaded, posted, transmit or distributed in any way, except that you may print one copy of copy of the materials for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of SchoolMatch's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.

In the event you print pages from the site, the pages, including any files, images incorporated in or generated by the pages, and data accompanying the pages and the supporting html code used to create the pages (collectively, the Pages) SchoolMatch does not transfer title of the Pages to you. You own the medium on which the Pages are recorded, but SchoolMatch retains full and complete title of the Pages and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Pages to a human-perceivable form.

SchoolMatch is pleased to hear from its users and welcomes your comments regarding SchoolMatch services, including our online services. Unfortunately, however, the SchoolMatch company policy does not allow us to accept or consider creative ideas, suggestions or materials other than those we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by the SchoolMatch professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials unless we have requested you to do so. While we do value your feedback on our services, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of SchoolMatch. None of the Information shall be subject to any obligation of confidence on the part of SchoolMatch, and SchoolMatch shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing,

SchoolMatch shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting SchoolMatch programs and services. This site is controlled and operated by SchoolMatch from its offices within the State of Ohio, United States of America. SchoolMatch makes no representation that materials in the site are appropriate or available for use in locations other than the United States, its territories, possessions or protectorates. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all SchoolMatch site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from SchoolMatch if in SchoolMatch's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other SchoolMatch site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

The materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SchoolMatch disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SchoolMatch does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. SchoolMatch does not warrant or make any representations regarding the use of the results or the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. You (and not SchoolMatch) assume the entire cost of all necessary servicing, repair or correction.

Without limitation of the foregoing, you acknowledge that as a service to users of the SchoolMatch site, we include links to other sites on the World Wide Web portion of the Internet and that SchoolMatch has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Further, you are not and shall not hold yourself out to be agents of SchoolMatch or SchoolMatch partners or SchoolMatch joint venturers. Neither party to this agreement shall have the right or authority to create any responsibility or obligation, express or implied, on behalf of or in the name of the other party or to bind the other party to another person in any manner whatsoever.

Under no circumstances, including, but not limited to, negligence, shall SchoolMatch be liable for any special or consequential damanges that result from the use of, or the inability to use, the materials in this site or any other site, even if SchoolMatch or a SchoolMatch-authorized representative has been advised of the possibility of such damages. In no event shall SchoolMatch's total liability to you for all damanges, losses and causes of action (whether in contract, tort-including, but not limited to - negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

This agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shallnot affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herin and shall not be modified except in writing, signed by both parties.