Terms of Service TERMS OF SERVICE Effective as of November 1, 2020 ASSUMPTION OF RISK, WAIVER OF LIABILITY, AND AUTHORIZATION TO CONTACT Housing Corporation of America (“HCA”) and its partners, directors, officers, employees, agents, representatives, affiliates, successors and assigns (“Related Parties”) are pleased to offer a number of materials, classes, trainings and other activities (collectively, the “Activities”). While HCA makes every reasonable effort to keep the Activities safe, there are always potential and inherent risks associated with any Activities. To the fullest extent permitted by applicable law, by in any way accessing, using and/or participating directly or in directly in all or any portion of any Activities, you hereby agree to the following on behalf of yourself and any minor or other individual for whom you have guardianship or control in connection with the Activities: Assumption of Risk. You represent and warrant that you have sufficient physical and mental health and capability to travel to and from, and participate in, the Activities safely without any adverse consequences. You agree to abide by all rules and applicable laws associated with the Activities including those intended for the health and safety of everyone involved. You understand that HCA and its Related Parties are not required to provide any emergency or medical treatment in connection with the Activities. You voluntarily accept and fully assume all risks of injury and damage to yourself directly or indirectly associated with the Activities. Release of Liability. You hereby irrevocably, unconditionally and forever assume liability for, release, waive, defend, hold harmless and indemnify HCA and its Related Parties from and against any and all liabilities, claims, actions, injuries, damages, losses and/or expenses, including attorneys’ fees arising at any time directly or indirectly, entirely or in part, in connection with any Activities. You expressly waive the provisions of California Civil Code Section 1542 which states that: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” No Professional Services. You understand that HCA and its Related Parties do not provide any professional physical and nutritional health, mental health, emotional health, psychological, psychiatric, medication, substance, suicide, financial, tax, legal or other similar professional advice or intervention in connection with the Activities and you should contact and follow the advice of your own medical, healthcare and other providers and professionals on such matters. Consent to Contact. By providing your phone number, email address and/or other contact information, you hereby authorize HCA and its Related Parties to contact you respecting the Activities and other promotions or special events, regardless of whether your information is on a Do Not Call registry. Proprietary Content and Materials. You understand that the materials associated with the Activities (the “Materials”) are confidential, copyrighted, proprietary to, and owned by, HCA. You will not record, duplicate, distribute, teach or train from the Materials in any manner whatsoever without the express written permission of HCA. You will not use any device to video, photograph or record any aspect of the Activities or Materials. Audio/Visual Release. By participating in the Activities, you understand that portions of the Activities may be recorded or captured in videos, photographs, audio recordings and/or other media (the “Recordings”). You agree that HCA and its Related Parties own all right, title and interest in the Recordings and have the right and permission to use the Recordings even if they include your name, likeness, voice, biographical details, testimonial, or photograph for marketing, advertising or any other purpose in any media or format, online and/or offline, now or hereafter without further notice or compensation to you for the use of such Recordings. If you do not want to be captured in any such Recordings, you should make special arrangements with HCA on such matters. No Negative Statements or Actions. You will not at any time directly or indirectly (a) take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon HCA and/or its Related Parties; (b) make any statement or engage in any action that is critical, ridiculing, disparaging, derogatory, defamatory, libelous or slanderous to HCA and/or its Related Parties; and/or (c) use any Materials, trademarks, logos, images, text or other intellectual property belonging to HCA and/or its Related Parties. GENERAL TERMS & CONDITIONS These General Terms and Conditions (the “General Terms”) are a legal agreement between you (“you,” “your”) and us (“us,” “we,” “our”). Please read these General Terms carefully before using, accessing, or interacting in any way with any of our websites, mobile applications or other online or electronic methods (collectively, the “Websites”) or utilizing any of our associated content, products or services (the “Services”). These General Terms contain important information including limitations on liability, jury and class action waivers and resolution of disputes through arbitration rather than in court. Consent. By in any way accessing, using or interfacing with our Websites, Services or Intellectual Property (collectively, the “Proprietary Materials”) you represent that you have read and understand these General Terms and consent and agree to be bound by the same in consideration of the covenants and conditions herein and other good and valuable consideration received. If you do not accept all of these General Terms, then please do not access, use or interface in any way with our Proprietary Materials. Privacy Policy. We believe in protecting your privacy. You should also read our separate Privacy Policy (the “Privacy Policy”) which further governs your use of the Proprietary Materials and is hereby incorporated by reference into these General Terms and made a part hereof. All references herein to the General Terms shall include our Privacy Policy. Modifications. We may modify, revise or update these General Terms at any time, by updating this posting. You should visit this page from time to time to review the then-current General Terms because the General Terms are binding on you. Your continued use of our Proprietary Materials will be subject to the General Terms in effect at the time of your use. Certain provisions of these General Terms may be superseded by expressly designated legal notices or terms located on particular areas of the Proprietary Materials. Supremacy. These General Terms supersede any prior terms and conditions relating to the use of our Proprietary Materials before the date stated above. Unless specifically provided herein, these General Terms do not supersede any additional Supplier terms for carriage, awards, or attractions provided elsewhere in connection with our Proprietary Materials. In the event of any conflict between these General Terms and any additional Supplier terms, as between you and us, these General Terms shall govern. CERTAIN DEFINITIONS. In these General Terms, words that commence with a capital letter are defined in this section, in the preamble, or elsewhere in these General Terms. “Address” means c/o Housing Corporation of America, 1592 South 500 West, Suite 202, Bountiful, Utah 84010. “Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials including Intellectual Property associated with the Proprietary Materials. “Documents” means these General Terms, the Privacy Policy, the Assumption of Risk and any documents referenced in the foregoing or otherwise related hereto, and any exhibits, addenda, and/or modifications to any of the foregoing. “Intellectual Property” means information respecting our properties, assets, operations, financial condition, trade secrets, technologies, knowledge, designs, concepts, ideas, products, samples, media, techniques, sketches, blueprints, plans, drawings, works of authorship, models, licenses, concepts, processes, discoveries, patents, inventions (whether patentable or not), intellectual property, names, abbreviations, logos, trademarks, service marks, icons, custom graphics, copyrights, mask work rights, know how, processes, algorithms, formulae, technical know-how, financial information, customer and owner lists and information, records, databases, documents, notes, reports, notebooks, letters, manuals, prints, photocopies, materials, plans, business objectives and strategies, computer programs and software and hardware related thereto, mobile applications, computer source codes, object codes, web sites, methods, contrivances, plans, processes, specifications, experiments, circuit descriptions, suggested circuit board layouts, parts lists, test fixtures and procedures, manuals, instruction devices, layouts, schematics, drawings, prototypes, intellectual property rights, products, disks, media, printed materials, images, photographs, animations, video, audio, music, text, applets, packaging, internet, online, domain names, websites, intellectual property and/or electronic materials, presentations, seminars and other information respecting us and our Related Parties along with any variations, amendments and updates thereto including those used, created, developed entirely or in part by you. “Party” means you or us and “Parties” means you and us. “Related Parties” means the past, present, and future owners, directors, managers, trustees, officers, employees, personnel, affiliates, agents (including lawyers), contractors, suppliers, lenders, successors and assigns of a Party. Our Related Parties include the developers, managers, marketing companies, customers, service providers, Suppliers and similar individuals and entities associated with our customers and clients. “Suppliers” means our licensors, suppliers, merchants, and information providers, as may be modified by time to time by us. The terms “Content,” “Intellectual Property,” “Websites,” “Services,” “Proprietary Materials,” do not include the content, intellectual property, websites, services, proprietary materials or similar matters that are provided by third parties and that are available through links associated with the Proprietary Materials. Their use is subject to the terms set forth by those respective third parties. USE OF THE PROPRIETARY MATERIALS. As a condition of your use of the Proprietary Materials, you warrant that: You are at least 18 years of age or have valid parental or guardian authorization to use the Proprietary Materials; You, or your authorizing parent or guardian, possess legal authority to create a binding legal obligation on your behalf; You will only use the Proprietary Materials in accordance with the Documents and all applicable laws; You will only use the Proprietary Materials to make legitimate transactions and reservations for you or for another person for whom you are legally authorized to act; You will inform such other persons about the General Terms that apply to the transactions and reservations you have made on their behalf, including all Documents applicable thereto; and All information supplied by you respecting the Proprietary Materials is true, accurate, current and complete. We retain the right at our sole discretion to deny access to anyone to the Proprietary Materials we offer, at any time and for any reason, including, but not limited to, for violation of these General Terms. LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCY REQUESTS. These guidelines are for law enforcement and other government agencies seeking records from us. Requests for User Information. In accordance with our General Terms and Privacy Policy, non-public information about users of our Proprietary Materials is not released without their consent except as lawfully required by appropriate legal process such as a valid subpoena, search warrant, court order, or other valid legal process etc. Upon receipt of appropriate legal process, we will search for and disclose data and information that is specified and which we are reasonably able to locate and retrieve to the extent required by law. We are unable to process overly broad or vague requests. Please include as much specific information as possible that would identify the relevant users, and transactions. Contact Information for Law Enforcement. Law enforcement and other government agencies may submit written requests to our Address, Attention: Legal Department. Please note that acceptance of requests or legal process by any of these means is for convenience and does not constitute consent to or waive any objections, including, but not limited to, lack of jurisdiction, proper service, or other individual rights. We will not respond to correspondence sent by non-law enforcement/government agencies to the addresses above. E-SIGN CONSENT POLICY. Consent. By using the Proprietary Materials, you hereby represent and agree that: (1) you have read and understand this E-Sign Consent Policy to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below. Communications. We and our Related Parties may need to provide you with certain communications, notices, agreements, notices or disclosures in writing regarding the Proprietary Materials (the “Communications”). You should print and save and/or electronically store a copy of all Communications that we send to you electronically. Methods. We may provide Communications electronically by email, by text message, or by making them accessible via our Proprietary Materials. Providing Communications to you electronically shall have the same meaning and effect as if we had provided you with paper or hard copies of those Communications. Such Communications shall be deemed to be received by you within 24 hours of the time posted through our Proprietary Materials, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered. Your agreement to this E-sign Consent confirms your ability and consent to receive Communications electronically from us, our Related Parties, rather than in paper form, and to the use of electronic signatures in our relationship with you (“Consent”). System Requirements. To access and retain the electronic Communications, you will need the following: An up-to-date and valid email address or phone number that you have access to; A computer or mobile device with Internet or mobile connectivity. For desktop website-based Communications: Recent web browser that includes 256-bit encryption; The browser must have cookies enabled. Use of browser extensions may impair full website functionality; and Minimum recommended browser standards are the most recent versions of an internet browser such as Microsoft Explorer, Mozilla Firefox, Apple Safari, or Google Chrome. For application-based Communications: A recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and The most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS. Current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader latest version; Access to the email address used to access our Services or use our Proprietary Materials. Sufficient storage space to save Communications and/or a printer to print them. If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you should add our email and domain to your safe sender list. A printer to print out and save Communications in paper form or electronic storage space to retain Communications in an electronic form. Paper Delivery of Communications. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to us at our Address, Attention Customer Service within 180 days of the date of the Communication, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. Withdrawal of Consent to Electronic Communications. You may withdraw your consent to receive electronic Communications at any time, by writing to our Address, Attention Customer Service. However, withdrawal of your consent to receive electronic Communications may result in limitation or termination of your access to our Proprietary Materials. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and we will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form). Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective. Updating Your Email Address. In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your information. You can change your email address by writing to our Address, Attention: Customer Service. You may also be able to change your email address yourself by accessing the Proprietary Materials. TELEPONE/ELECTRONIC CONTACT. Notwithstanding any provision in the Documents otherwise or current or prior election to opt in or opt out of being contacted via any means, you hereby expressly consent to be contacted by us and our Related Parties or anyone calling or contacting on behalf of the foregoing (collectively a “Representative”) at any telephone, mobile phone, facsimile, email, social media, website, electronic or physical address that you provide, that can reasonably be associated with you (through skip trace, caller ID capture or other means), or at which you may otherwise be reached (the “Contact Information”) by means of telephone, mobile phone, text message, SMS message, facsimile, email, social media, website, electronic address, automatic telephone dialing system, automatic texting system, artificial or prerecorded voices or messages, telemarketing systems or other or electronic methods (the “Electronic Methods”) for any and all purposes including to provide information, perform services, collect amounts due, resolve disputes, or advise of additional promotions, products and services associated with the Proprietary Materials or otherwise. Your cellular, mobile, telephone or other provider may charge you according to the type of plan you carry. Messages and Recording. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that a Representative calls, that Representative may also leave a message on your answering machine, voice mail, or send one via text or other Electronic Methods. A Representative may listen to and/or record phone calls for quality monitoring or any other purposes all without notice to you as permitted by applicable law. Contact Information. You represent and warrant that (a) the telephone numbers and other Contact Information that you provide to us and our Related Parties are true and correct telephone numbers and other Contact Information; and (b) you are permitted to receive calls and communications at each of the telephone numbers and other Contact Information that you have provided. You shall promptly notify us and our Related Parties if ever you stop using a particular telephone number or other Contact Information, if your Contact Information changes, or if you revoke consent for Representatives to contact you using certain telephone numbers or other Contact Information. SUPPLIER RULES AND RESTRICTIONS. Supplier Terms. You agree to abide by the terms and conditions imposed by any Supplier with whom you elect to deal, including, but not limited to compliance with the Supplier’s rules and restrictions regarding availability and use of services. Suppliers may change their prices without notice. Waivers. You acknowledge that some third-party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable service, and in your forfeiting any monies paid for such service(s). Non-Liability. We and our Related Parties are not liable for any costs incurred due to delays or cancellations. LINKS TO THIRD-PARTY SITES. Our Proprietary Materials may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content or the privacy, security or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Proprietary Materials or other websites) or emails you receive and any attachments thereto are free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. SOFTWARE. Ownership. Any software that we make available in connection with our Proprietary Materials (the “Software”) or through your mobile application store, including our mobile application (the “Mobile Application”) is copyrighted work of ours and/or our respective Suppliers. Please note that all Software, including, without limitation, all HTML code and Active X controls associated with our Proprietary Materials, is owned by us and/or our Suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. No Reproduction. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE GENERAL TERMS OF THE LICENSE AGREEMENT. Internet. Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS. Permission. We appreciate hearing from you. Please be aware that by submitting content associated with our Proprietary Materials by electronic mail, postings on the Websites or otherwise, including any reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant us, our Related Parties and any affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Affiliates”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name and any images that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such Submissions may be shared with our Supplier partners. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these General Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, our Related Parties, the Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you or anyone else. We have no obligation to post your comments. We reserve the right in our absolute discretion to determine which comments are published in connection with our Proprietary Materials and to delete, mask or hide any comments for any reason. If you do not agree to these General Terms, please do not provide any Submissions to us or use our Proprietary Materials. Prohibitions. You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted in connection with our Proprietary Materials. You are prohibited from posting or transmitting to or from our Proprietary Materials: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law or likely have any adverse impact upon us and/or our Related Parties or Suppliers; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any Intellectual Property right or other proprietary right of any third party. You shall be solely liable for any damages, liabilities and/or claims resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions in connection with our Proprietary Materials. You acknowledge that we may exercise our rights (e.g. use, publish, delete) to any Submissions you submit without notice to you. If you submit more than one Submission or review on the same topic, we may determine that only your most recent Submission is eligible for use. Incentives. From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative. Photos. All photos submitted are subject to any photo submission guidelines we may institute from time to time. No Endorsement. We claim no ownership, affiliation with, or endorsement of any photos that are submitted by end users in connection with our Proprietary Materials. Claims. Our policies with respect to claims by third parties that the Content associated with our Proprietary Materials, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Intellectual Property infringement section herein. CONFIDENTIALITY. Ownership. We shall be the sole owner of all right, title and interest in our Intellectual Property and you hereby relinquish any claim, right, title and/or interest to the Intellectual Property. We have the right to control or exclude the use of the Intellectual Property in our sole discretion. You shall not directly or indirectly have any ownership, license or other interest in any of the Intellectual Property and hereby relinquish any claim, right, title and/or interest to the Proprietary Matters. You hereby assign to us any and all of your right, title and interest in and to the Intellectual Property including any Intellectual Property which you may solely or jointly conceive or develop or reduce to practice, or cause to be conceived or developed or reduced to practice, for us. Protection. You and your Related Parties shall hold the Intellectual Property in the strictest confidence and to take all reasonable precautions to protect the Intellectual Property including, without limitation, all precautions that you employ with respect to your own confidential and proprietary materials, but in no event less than reasonable care. No Misuse. You and your Related Parties shall not directly or indirectly at any time (1) copy, decompile, disassemble or reverse engineer any of the Intellectual Property; (2) create any intellectual property, product, service, or technology that is based upon, developed with, derived from, uses, employs, or incorporates, any of the Intellectual Property; (3) make any commercial use of the Intellectual Property for your own or any third party’s benefit; and/or (4) solicit or enter into any agreements respecting the Proprietary Materials. Other. You shall deliver to us all originals and copies of the Intellectual Property in the possession and/or control of you and/or your Related Parties within two business days following delivery to you of a written request for the same. The Intellectual Property shall remain our sole property. No license to the Intellectual Property is granted to you under any patents, copyrights, mask work rights or other proprietary rights by the disclosure of any information hereunder, nor is any warranty made as to such information. Notices. You hereby authorize us to send a copy of any relevant provisions of the Documents to any and all third parties with whom you might become employed or involved in a business, enterprise, or relationship and to inform any and all such third parties that we intend to exercise our rights under the Documents should you breach the terms thereof or should such other party induce a breach by you. DISCLAIMERS. Accuracy. The Proprietary Materials may include inaccuracies or errors. In particular, we do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and descriptions associated with the Proprietary Materials. In addition, we expressly reserve the right to correct any errors associated with the Proprietary Materials. Ratings. Any ratings displayed in the Proprietary Materials are intended as only general guidelines, and we do not guarantee the accuracy of the ratings. We and our Related Parties make no guarantees about the availability of specific Services. We and our Related Parties may make improvements and/or changes to the Proprietary Materials at any time. No Warranty. We and our Related Parties make no representations about the suitability of the information, software, products and Services associated with the Proprietary Materials for any purpose, and the inclusion or offering of any products or Services in connection with the Proprietary Materials does not constitute any endorsement or recommendation of such products or Services by us or our Related Parties. All such information, software products, and Services and the Proprietary Materials are provided “as is” without warranty of any kind. We and our Related Parties disclaim all warranties and conditions that the Proprietary Materials and associated servers or any email sent from us and/or our respective Related Parties or Suppliers are free of viruses or other harmful components. We and our Related Parties hereby disclaim all warranties and conditions with regard to any information, software, products, Services and Proprietary Materials, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement. Other. You acknowledge that (a) the Proprietary Materials are only as described in the Documents; (b) You are using the Proprietary Materials in their “as is” condition without any representations or warranties of any kind except as expressly stated in the Documents; (c) We and our Related Parties have not authorized any person or entity to make any representations, warranties or promises respecting any income, appreciation, investment potential, profit, gain, transferability or other benefits associated with the Proprietary Materials; (d) We and our Related Parties have not provided you with any investment, tax, accounting, legal or other professional advice and you have had the opportunity to obtain any such advice from your own advisers to independently evaluate the suitability and any risks or consequences associated with the Proprietary Materials; and (e) Use of the Proprietary Materials does not grant you any ownership or control in us or our Related Parties and is not any kind of ownership or investment stock, equity, profit-sharing agreement or other security. Compatible Mobile Devices and Third-Party Carriers. We do not warrant that the Proprietary Materials will be compatible with your mobile device or carrier. Your use of the Proprietary Materials may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Proprietary Materials if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.” NO NEGATIVE STATEMENTS OR ACTIONS. You shall not at any time directly or indirectly (a) take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon us and/or our Related Parties or Suppliers or the Proprietary Materials except to the extent necessary to enforce and/or defend under the Documents and/or as required by applicable laws; (b) engage in any action that is derogatory, defamatory, libelous or slanderous to us and/or our Related Parties or Suppliers; (c) use any Intellectual Property belonging to us and/or our Related Parties or Suppliers; (d) compete with us and/or our Related Parties or solicit for hire any of our respective employees or agents; and/or (d) take any actions or have any communications with us and/or any of our Related Parties or Suppliers that is in any manner impolite, unprofessional, discourteous, aggressive, threatening or hostile. PROHIBITED ACTIVITIES. You and your Related Parties may not, nor may you permit any third party, to directly or indirectly, engage in any of the following associated with any of the Proprietary Materials: No Violation of the Documents or Laws. Use the Proprietary Materials in violation of any Documents or applicable laws; No Commercial Use. Use the Proprietary Materials for any commercial purpose; Automated Access. Access, monitor or copy any aspect of the Proprietary Materials using any robot, spider, scraper or other automated means or any manual process for any purpose without our prior written consent; Excess Load. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure associated with the Proprietary Materials; No Deep-Links. Deep-link to any portion of the Proprietary Materials for any purpose without our express written permission; Frame or Mirror. “Frame,” “mirror” or otherwise incorporate any part of the Proprietary Materials into any other website without our prior written authorization; Circumventions. Except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any service, work around, bypass, or circumvent any of the technical limitations of the services, or other measures employed to prevent or limit access to the Proprietary Materials, use any tool to enable features or functionalities that are otherwise disabled in the Proprietary Materials, or decompile, disassemble or otherwise reverse engineer any aspect of the Proprietary Materials; Interference. Perform or attempt to perform any actions that would interfere with the proper working of the Proprietary Materials, prevent access to or use of the Proprietary Materials by our other customers; Reproduction. While you may make limited copies of your, documents, you agree not to otherwise modify, copy, reproduce, alter, modify, display, upload, post, distribute, transmit, perform, publish, republish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or Services obtained from or through the Proprietary Materials; Transfer. Transfer any rights granted to you in connection with the Proprietary Materials; Compliance with Laws. Use the Proprietary Materials in a way that distracts or prevents you from obeying traffic, safety or other laws; Weapons. Use the Proprietary Materials for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm; Illegal Activity. Use the Proprietary Materials for any illegal activity or goods or in any way that exposes you, others, us or our Related Parties to harm. If we reasonably suspect that you have used the Proprietary Materials for an unauthorized, illegal, or criminal purpose or if your use of the Proprietary Materials shows signs of fraud, abuse or suspicious activity, we may cancel any Service reservations associated with your name or email address. If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to us and our Related Parties, including litigation costs and damages. To contest the cancellation of a booking or freezing of any Services, you may contact us at our Address, Attention: Customer Service; Disallowed Uses. Otherwise use the Proprietary Materials except as expressly allowed under these General Terms. DEFAULTS AND REMEDIES. If you fail to perform any duties under these General Terms, we reserve right to exercise all remedies at law and equity. ARBITRATION OF DISPUTES. Any and all Claims by you against us, our Related Parties and/or Suppliers will be resolved by binding arbitration conducted in Salt Lake City, Utah, rather than in any court, except you may assert Claims on an individual basis in small claims court if the Claims qualify. This also includes any Claims that arose before you accepted these General Terms, regardless of whether prior versions of the General Terms required arbitration. FORCE MAJEURE. Any prevention, delay or stoppage of work or other obligations to be performed by us that are due to strikes; labor disputes; inability to obtain labor, materials, equipment or reasonable substitutes therefore; acts of nature; governmental restrictions, regulations or controls; judicial orders; enemy or hostile government actions; civil commotion; epidemic, pandemic or wide-spread disease; fire or other casualty or other causes beyond our reasonable control shall excuse performance of the work and our other obligations for a period equal to the duration of that prevention, delay or stoppage. MISCELLANEOUS. Our performance is subject to existing laws and legal process. Any rights not expressly granted herein are reserved. The rights and obligations arising under the General Terms exist exclusively for the benefit and duty of the Parties hereto and, where expressly stated in the Documents, their respective Related Parties. The General Terms shall be binding upon and inure to the benefit of the successors, assigns, heirs and executors of the respective Parties. Any Party’s failure to enforce any provision of the General Terms shall not constitute a waiver of the right to enforce such provision. The provisions of the General Terms may be waived only in a writing executed by the Party intended to be benefited by the provisions, and a waiver by a Party of a breach hereunder by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions. Time is expressly made of the essence with respect to the performance of each and every obligation under the General Terms in which time of performance is a factor. The General Terms may be modified in writing only by us. The prevailing Party shall be entitled to be reimbursed by the non-prevailing Party for all costs, including collection, court and attorneys’ fees and expenses, incurred by the prevailing Party in any action or defense involving the General Terms. If any portion of the General Terms is held to be unenforceable, any enforceable portion thereof and the remaining provisions shall continue in full force and effect. The interpretation and enforcement of the General Terms shall be governed by Utah law without giving effect to those principles of conflict of laws that might otherwise require the application of the laws of another jurisdiction. If any provision of the General Terms is determined to contravene such governing law, such provision shall be automatically amended to the smallest extent possible to make such provision comply with the applicable governing law and regardless of any such modification, the General Terms shall remain in full force and effect. The General Terms shall be construed as a whole and in accordance with their fair meaning and as though all Parties participated equally in their drafting. No rule of strict construction shall be applied against any Party. There is no agreement, understanding or pending or threatened action or proceeding before any court, governmental agency or arbitrator, at law or in equity, which may materially and/or adversely affect the ability of the Parties to enter and perform their respective obligations under the Documents or the enforceability of the Documents. No consent or approval of any person or entity, other than the Parties, is required to make the Documents binding upon and enforceable against the Parties. Any reference to any Document shall include such Document both as originally executed and as it may from time to time be modified. Except as expressly stated otherwise in the Documents, each Party shall bear its own costs, including attorneys’ fees and taxes, in connection with the preparation, processing, and performance or its obligations, and receipt of any benefits under the Documents. The Parties shall cooperate together, take such additional actions, sign such additional documentation, and provide such additional information as reasonably necessary to accomplish and enforce the objectives set forth in the Documents. The Documents shall be deemed to have been executed and shall be performed in the city in Salt Lake City, Utah. In the event that any legal action is instituted by you in connection with the Documents, the same shall be brought and tried in Salt Lake City, Utah. You hereby consent to that jurisdiction. The Parties shall perform their respective obligations under the Documents in compliance with all Applicable Laws. No Party shall have the authority to create any obligation for another Party except to the extent expressly stated in the Documents. No legal relationship of any kind exists among the Parties as a result of the Documents, other than the covenants expressly contained therein. Nothing in the Documents shall be construed to create any partnership, joint venture, or fiduciary relationship between the Parties and no Party shall be liable for the debts, obligations or liabilities of the other Party, or have the authority to make any representations on behalf of the other Party. You hereby represent and warrant that you are duly authorized to enter into the Documents and that the Documents constitute your legal, valid, binding, and enforceable obligations. The provisions of the Documents which give the Parties rights beyond the termination or expiration of the Documents, and any provisions which are expressly stated to survive termination of the Documents, including the terms in this Section and all indemnifications, releases, representations, warranties, confidentiality covenants and limitations upon liability in the Documents, shall survive the termination of the Documents for any reason. These General Terms, together with the documents referred to herein, set forth the only and entire agreement between the Parties respecting the subject matter set forth herein; and all prior agreements, whether oral or written, shall be deemed terminated and of no further force and effect. 25. CONTACT INFORMATION. If you have any questions or concerns about these General Terms or if you need further assistance with respect to access to or use of the Proprietary Materials, you may contact at our Address Attn: Customer Service. We will attempt to respond to your questions or concerns promptly after we receive them. PRIVACY POLICY Housing Corporation of America (“us,” “we,” “our”) is a 501(c)(3) nonprofit social service provider that, among other services, coordinates onsite residential services and programs in education, arts enrichment and other subjects at affordable housing communities. We place a high priority on protecting your (“you,” “your”) privacy. This Privacy Policy contains important information about how we and our affiliates collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether you are a person or business) access, apply, sign up or in any way interface with or use our Websites, Services or Accounts (collectively, the “Proprietary Materials”) (including, but not limited to, through a digital receipt or invoice at a point of sale); or otherwise contact or interact with us, even if you have not applied, or signed up, or downloaded any of our Proprietary Materials. Please carefully review this Privacy Policy and our General Terms and Conditions (collectively the “Documents”) before using the Proprietary Materials. By in any way using the Proprietary Materials, you acknowledge that you have read and understand the Documents and agree to be bound by the same. If you do not agree to any terms in the Documents, please do not use our Proprietary Materials. We may modify, revise or update the Documents at any time. Please visit this page periodically because your continued use of the Proprietary Materials constitutes agreement to such changes. Also, please note that this Privacy Policy does not apply to third party websites that may be linked to the Proprietary Materials. INFORMATION THAT WE COLLECT We collect several types of information about you when you use our Proprietary Materials, including: Information you voluntarily provide such as your name, email address, telephone, etc. Information about how you use our Proprietary Materials. Information about devices you use to connect to our Proprietary Materials. We may require access to geolocation information from your device. HOW WE COLLECT YOUR INFORMATION We use various technologies to collect information, including “cookies” and web beacons. You can find more information about our data collection methods in our General Terms and Conditions. HOW WE PROTECT YOUR INFORMATION We take reasonable measures and use administrative, technical, and physical safeguards to protect your information. Nevertheless, the internet is not a 100% secure environment and we cannot guarantee absolute security of the transmission or storage of your information. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section, below. HOW WE USE YOUR INFORMATION Our goal is to provide you with high-quality services. We may use your information in any lawful manner, including to: Present the Proprietary Materials and associated content to you. Allow you to participate in interactive features related to the Proprietary Materials. Personalize your experience and deliver more relevant content and offerings to you. Provide better customer service in responding to your requests. Contact you via telephone, text, fax, email or other means. Fulfill any other purpose for which you provide the Proprietary Information. HOW WE DISCLOSE OF YOUR INFORMATION We may disclose aggregated information about our users and any other information that does not identify any individual, without restriction. We may also share your information with third parties in any lawful manner, including: With other users of the Proprietary Materials with whom you interact. With related parties, suppliers, and third parties who perform services on our behalf. To a subsequent owner, co-owner, or operator of the Proprietary Materials. To comply with applicable laws, agreements, or policies. With your consent. RETENTION OF YOUR INFORMATION We will retain your personal information for the period necessary to fulfill our services to you and for the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. OTHER IMPORTANT INFORMATION This Privacy Policy does not address, and we are not responsible for the privacy, data security, or other practices of any entities outside of our Company. The inclusion of a link on the Proprietary Materials does not imply endorsement of the linked site or service by us. We have no control over, and are not responsible for, any third party’s collection, use and disclosure of your personal information. We suggest you read the privacy notices on any third-party websites before you submit your information through them. We are not responsible for the collection, usage, and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any personal information you disclose to other organizations through or in connection with Proprietary Materials. Persons under the age of 18 are not eligible to use any of our Proprietary Materials without the consent of a parent or guardian. If you are aware of an instance in which a child under the age of 18 has provided personal information to us, please let us know (through the below contact information), so that we may promptly delete such information or take other appropriate action. If you would like to access, obtain copies, update, correct or request that we suppress or delete any of the information we hold about you or if you require further information from us about how we use your information please contact us at the address below. In some jurisdictions, you may be charged a reasonable fee for access to your information. For your protection, we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable and consistent with applicable law. Please note that we often need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or reservation, or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase, reservation, or promotion). There may also be residual data that will remain within our databases and other records, which will not be removed. In addition, there may be certain data that we may not allow you to review for legal, security, or other reasons. YOUR OPTIONS You may take any of the following steps with respect to your information: Opt-out of any future contact from us at any time. Access, change, or correct information you provided by contacting us at the address below. Discontinue using the Proprietary Materials at any time. Stop the collection of location information by changing the preferences on your device. Engage “Do Not Track” features in your browser settings to limit tracking across websites. If you have any questions or concerns regarding our Privacy Policy, or if you believe our Privacy Policy or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed below and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution. CONTACT US Please contact our Privacy Department with any questions or concerns regarding this Privacy Policy at: Housing Corporation of America, 1592 South 500 West, Suite 202, Bountiful, Utah 84010; Attention; Privacy Department. Will you be using this account to sign up any children in your household for classes? Will you be using this account to sign up any children in your household for classes? Yes No

Your parent or guardian will need to sign our Terms of Service.