The Highway Home Report

Please read these Terms of Service (“Terms”) carefully, they contain important information about your legal rights, remedies, and obligations. In particular, these Terms contain an arbitration clause and class action waiver, in Section 4, that applies to all disputes between you and us.  OUR SITE , APPLICATION, AND SERVICES ARE INTENDED FOR USE ONLY IN THE UNITED STATES OF AMERICA (USA). ALL OTHER USE IS PROHIBITED.

1. Introduction

MBS Highway, LLC and its affiliates (Highway and Home Report) (“Highway,” “we,” “us,” or “our”) offers services and products (collectively, “Services”) to our customers, website visitors, and users (“you”).  These Terms are a legally binding agreement (“Agreement”) between you and us governing your access to and use of our websites, including any subdomains (collectively, our “Site”) through which we make our products and services available.  You accept and agree to comply with this Agreement by (1) clicking a box indicating acceptance, (2) accepting a Supplemental Agreement that expressly incorporates these Terms into that Agreement, (3) clicking a registration or new account submission button, or (4) otherwise accessing or using our Site.

2. Privacy Policy

We sometimes collect Personal Information to provide information and Services that you request, and to better understand our customer’s wants and needs. Personal Information is information that specifically identifies an individual.  Personal Information can include, but is not limited to, your name, home address, e-mail address, phone number, and credit card information. Personal Information also includes specific types of information defined under locally applicable law.

This Privacy Policy (“Policy”) applies to personal information collected through the Site and otherwise in the course of providing our other products and services (collectively, the Site and our other products and services are the “Services”), unless we expressly incorporate a different policy in connection with such other Services, such as by internet link on a website, express incorporation by reference in a contract, or other presentation or display to users.

This Privacy Policy explains the types of information we gather and what we do with it, and is intended to provide you notice of Highway’s information management practices, including how the information is gathered, safeguarded and the degree to which you may control the maintenance and sharing of your information.

Your use of any of Highway’s Services, or this Site, constitutes acceptance and agreement with this Privacy Policy and any other applicable terms.

Please note that our privacy program is designed to comply with the laws of the United States of America and the individual U.S. States.  We do not market to or provide services for persons or properties located outside the United States.  Highway’s website and platform is intended for use only in the USA by lawful residents or citizens of the USA.  All other use is prohibited.

We are committed to protecting the privacy of your information. Please take a moment to read this Policy to understand how we collect, use, store, and delete Personal Information about you when you visit and/or use the Site; or use any of our Services.

Policy Integration

This Privacy Policy is part of our Terms of Use and any other applicable agreements, policies, and procedures that govern your use of the Site and/or Services. A link to our Terms of Use is also provided at the bottom of each page within the Site and can also be found here: https://www.highway.ai/legal/highway-home-report-privacy

What Types of Information Do We Collect?

Information You Voluntarily Provide

Highway collects Personal Information that you and others voluntarily provide when you use the Site and the Services. This could include information provided when registering for an account on our Site; entering a sweepstakes or contest sponsored by us or one of our partners; signing up for special offers from selected third parties; sending us an email message; or submitting your credit card or other payment information when ordering and purchasing products and services on our Site.  There may also be optional functions of the Site that you must provide Personal Information to use.  The ways we will use such information will be provided on the page where you provide that information. Such optional services may include:

• You opting in to location-based services;
• Use of integrated services with third parties (e.g., logging using credentials from a different platform, linking accounts from different platforms);
• Site subscriptions after you register;
• Submitting general contact forms; and
• Submitting inquiries in any form (e.g., e-mail, phone, mail, etc.).

When you provide us with Personal Information, you agree to provide accurate, complete and true information. You agree to not use a false or misleading name that you are not authorized to use.

In order to provide our Services we need to collect and store Personal Information. The types of information we collect from you may include:  first and last name, email address, telephone number, and mailing address and any other information you choose to provide in connection with our Services.

Information Your Web Browser Provides
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When you visit the Site, we automatically collect information provided by your web browser.  This information includes, but is not limited to: your IP address, browser type, domain names, access times and referring website addresses. This passively collected data is used to administer, operate, and improve the Site and Services, and to provide individualized advertising to you.

We may use IP addresses and device data to identify a user who is noncompliant with our Terms of Use, or to protect the site or other users. We may also use information in the aggregate that has no personal identifying characteristics to understand aggregate user and customer behavior. Non-personally identifiable information is not treated the same as Personal Information and we may use and disclose such information for various purposes. 

Cookies and Similar Technology
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As noted above, we use cookies and other technology to collect information, provide Services, and support features of the Site.

Information from Other Sources
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We may receive information about you, including Personal Information, from third parties. We may combine this information with other Personal Information we maintain about you and such information will be handled under the terms of this Privacy Policy.

How Do We Use and Share Personal Information?

Use

We use collected Personal Information to provide information and Services requested by third parties or you, such as when you place an order; to operate, improve, and maintain our Site and Services; to prevent fraudulent use of our systems; to enforce our Terms of Use or comply with laws; to individually tailor advertising and other aspects of your experience; to maintain a record of how you use our platforms; for administrative purposes; and for any other purposes that we may disclose to you when we request Personal Information and your consent to use it.

We may use Personal Information to send you marketing materials that we believe might match your interests. You are able to opt-out of these marketing materials by using a link within the materials themselves.

We may use location or other information that you provide to better deliver personalized content to you.

We may also use your Personal Information (such as search terms) to optimize our exposure and availability on external web search engines such as Google.  More on this use may be found below.

Sharing

There may be times when we need to share your Personal Information with third parties to provide you Services, for the proper functioning of website features, to comply with the law, and for other lawful basis consistent with locally controlling laws and regulations. The occasions when we will share your Personal Information because of these reasons are explained below.

Service Providers

We use third parties to assist us with providing our Services (e.g., fulfilling an order, payment processing, data storage and processing) and we may share your Personal Information with these third-party Service Providers to help us to serve you. We limit the amount and types of Personal Information we share with Service Providers to what they need to reasonably perform their functions. We also required Service Providers to comply with a privacy policy that is at least as restrictive as this Policy.

Business Transfers

We may disclose and transfer Personal Information to a third party in the event that a merger, acquisition, debt financing transaction, sale of our assets, other similar transaction, bankruptcy, insolvency, or receivership occurs.  The third party would thereafter be entitled to review and use such information (including Personal Information) in connection with its business activities, and in such case, the Privacy Policy of the third party may thereafter apply to such information, rather than this Privacy Policy.

Legal Protection

We may disclose Personal Information if we believe we must comply with a law, or if disclosure is in our interest to protect property or other legal rights. This may include disclosing Personal Information to enforce contracts and agreements, to protect the rights or property of others, or to help protect the security of our Service and the information of other users.

Integrated Services

Our Services and Site may allow you to integrate accounts with a third party service. When you elect to integrate your accounts, you are electing to share your Personal Information with the third party for this purpose. Any Personal Information disclosed to a third party providing an integrated service is outside of our control and is subject to that third party’s own terms and policies.  We disclaim responsibility or liability for the content and activities of any third party linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Location Information

We may share aggregate, non-personally identifiable location information with third parties to assist in understanding our user’s interests and usage of our Site and Services.

Online Analytics

We use MixPanel to help us understand how you use our Services.  MixPanel collects data about your traffic via MixPanel advertising cookies and anonymous identifiers, as well as data collected through standard MixPanel implementation.  

We strive to adhere to MixPanel policies. We will not facilitate the merger of personally identifiable information with non-personally identifiable information collected through any MixPanel product or feature.

We reserve the right to test, turn-on, or turn-off any of the MixPanel features from time-to-time without notice to you.

Further information on MixPanel is available in the Mixpanel Terms of User and in the Mixpanel Privacy Policy.

Data Retention

We store the information we collect about you for as long as is necessary for the purpose(s) for which we collected it and in accordance with applicable law and legitimate business interests.

When assessing the data retention period, we take into account the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we process the data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Security of Information

We have reasonable and appropriate security measures in place to protect against the loss, misuse, and alteration of any personal information we receive about you. We maintain appropriate security standards to protect the personal information that we maintain.

Unfortunately, no data transmission or storage can be guaranteed to be completely secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) we cannot control security and privacy indefinitely; (b) the security, integrity, and privacy of information or data exchanged between you and us cannot always be guaranteed; and (c) any such information and data may be viewed or compromised when in transit by a third party.

Accuracy of Information

We strive to keep our records accurate and will make appropriate corrections when you notify us. Please let us know if there is incorrect information in any statements or other communications that you receive from us. If you would like to correct or update your personal information, please contact us at

How You Can Access, Control, or Delete Your Information

Access

If we offer user accounts on our Site, you may be able to log in, access some forms of Personal Information you have shared, and update this information in your account settings page. If you desire to update any Personal Information that you have shared with us that is not available for editing in your account settings, please contact us using the contact information at the end of this Policy.

Control

If you receive marketing or advertising emails from us, you may unsubscribe at any time by clicking the “Unsubscribe” link located in the email and following the instructions at the linked web page or by sending an unsubscribe request by “replying STOP” to any email received. If you receive any other marketing communications from us (e.g., via postal mail), you may opt-out of receiving future communications from us by contacting us using the contact information at the end of this Policy.

If we offer user account functionality on the Site, you may be able to view and modify how frequently you are contacted with promotional communications from us rather than opting-out completely.

Please note that if you choose to opt-out of receiving promotional communications, it may take us up to 14 days to complete your request and you may receive promotional communications during that period. Even if you elect to opt-out of promotional communications, we will still send administrative communications required for us to deliver our Services (e.g., receipts, tracking information, policy update notifications).

Users may opt-out of receiving any or all communications from third-party partners of Highway by contacting us here:

Email: Highway@homereport.highway.ai

Deletion

If you submit a request that we delete your account for the Site or any Services, we will respond to your request in a reasonable time. We may need to retain certain Personal Information to comply with legal obligations, and we will always retain aggregate, non-personal information collected.

Special Disclosures

“Do Not Track” Disclosures

California and Delaware require websites accessible by users based in those states to indicate whether the website respects “Do Not Track” browser settings. We follow the standards explained in this Privacy Policy and do not interact with or implement “Do Not Track” requests.

Children

Our Services and Site are not directed at children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 18 without obtaining parental consent. It is our procedure to promptly delete any Personal Information collected from a child under the age of 18 upon discovery of such a circumstance. If you believe that we may have collected Personal Information from a child under the age of 18, please contact us using the contact information at the end of this Policy and we will take appropriate steps to rectify this inadvertent collection.

Your California Privacy Rights

If you are a consumer located in California and we collect your personal information, the California Consumer Privacy Act (CCPA) may apply to you.  In such a case, our Supplemental CCPA Privacy Notice will apply and will control in the event of any conflict with this general Privacy Policy.  

Likewise, other California Privacy laws may apply to you in certain circumstances.  

Pursuant to California Business and Professions Code Section 1798.83 (or such successor provision), as amended and supplemented, residents of California have the right to request from a business with whom the California resident has an established business relationship certain information with respect to the types of Personal Information the business shares with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year.

In addition, an operator of a commercial website subject to California Business and Professions Code Section 22581 must allow California residents under age 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted. If this applies to you and you wish to make such a request, your request should include a detailed description of the specific content or information to be removed. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

If you are a California resident, believe that one of the above code provisions applies to you, and would like to make such a request, you may submit a written request using the contact information located at the end of this Privacy Policy. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.

3. Visiting the Site from Outside of the United States

Highway operates business functions and a website that serves as a platform for automating marketing and promotional services as well as an online platform for generating promotional reports for sales prospects.  Although our Site may be accessible in some locations outside of the United States, it is not our intention to offer Services to individuals located outside of the United States via the Site. Any information we collect via the Site will be stored and processed in the United States and if you are located outside of the United States, the laws of the United States may offer less protection than the laws of your place of residence. We will collect and maintain any Personal Information only as long as we need it for the purposes outlined in this Privacy Policy. By providing your Personal Information to us through your use of the Services or Site, you agree to our transfer, storage, and processing procedures based in the United States. Please note that different regions and countries can have their own privacy and data security laws; some of which may be less protective of your Personal Information than the laws of your own region or country.

In the event that we collect or process Personal Information subject to the GDPR, we will comply with the requests of European data subject requests to: (1) access Personal Information, (2) have inaccurate or unnecessary Personal Information rectified or deleted, or (3) stop using your Personal Information in a certain way. If your use of our Services or Site is subject to GDPR you would also have a right to lodge a complaint with your local EU regulator.

Likewise, in the event we collect or process Personal Information subject to the laws of another jurisdiction, we will comply with the laws of that jurisdiction to the best of our knowledge and understanding.

4. Dispute Resolution and Arbitration Agreement

Highway is committed to participating in a simplified two-part dispute resolution process.

1. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Highway each agree to notify the other party of the dispute and attempt to negotiate an informal resolution first. We will contact you at the email address you have provided to us; you can contact our customer service team by emailing us. If after a good faith effort to negotiate, one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

2. Agreement to Arbitrate. You and Highway mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or to the use of Highway’s platform (collectively, “Disputes”) will be settled by binding individual arbitration administered by the American Arbitration Association (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Highway agree that the arbitrator will decide that issue.

Exceptions to Arbitration Agreement. You and Highway each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the AAA in accordance with the Commercial Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient for you, Highway agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Orange County, CA; (c) in any other location to which you and Highway both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

Modification of AAA Rules - Attorney’s Fees and Costs. You and Highway agree that Highway will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Highway agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis, and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Jury Trial Waiver. You and Highway acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

No Class Actions or Representative Proceedings. You and Highway acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Highway both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Highway agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

Severability. Except as provided herein, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

Changes. Notwithstanding the provisions of the Preamble to this Agreement (“Changes to this Agreement”), if Highway changes this Section (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Highway’ email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Highway (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Highway.

Survival. Except as provided herein, this Section will survive any termination of these Terms and will continue to apply even if you stop using Highway’s services.

5. Changes and Updates to this Policy

We reserve the right to change these Terms and the Privacy Policy at any time.

When we make changes to this privacy notice, we will post the updated notice on the Site and update the notice's effective date. Your continued use of our Site following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions about this Agreement or Privacy Policy, please contact us at:

Highway@homereport.highway.ai