TERMS OF USElast revised July 17, 2018

HomeRun IQ, Inc. and its affiliates, including HomeRun Financial, LLC1 (together, “HomeRun IQ”) offer capital management and financial advisory services designed for use by real estate properties to manage investment of long-term capital reserves.

The following Terms of Use govern the use of this website, which is managed by HomeRun IQ. By using this website (HomeRunIQ.com) and the online services or other websites operated or offered by HomeRun IQ (collectively the “Website”), you agree to these Terms of Use (the “Terms of Use” or the “Terms”). You further agree that you will use the Website solely for your personal, non-commercial use and will not attempt to interfere with the functioning of the Website in any way.

State Requirements for Common Interest Developments

As part of HomeRun IQ’s service supporting Common Interest Developments (“CIDs”), Homeowners Associations (“HOAs”) or other property types in effectively and efficiently managing and operating their affairs, we offer informational services aimed at assisting Boards and the broader association membership in navigating compliance with certain critical aspects of State regulations. Please note that the HomeRun IQ service is merely a targeted guide and not a substitute for the retention of competent, experienced professionals including financial, property and legal counsel as to the full obligations of compliance with state regulations or appropriate state requirements. Nothing contained in our Website is intended to be relied upon in lieu of such retention of professionals and/or counsel, and no representations are being made such as to create an attorney client or managing agent relationship.

Property Related Requirements

Please consult your state and local statutes and the governing documents for the specific requirements and obligations of CIDs, HOAs or your particular category of property ownership.

Browser Support

HomeRun IQ supports the two most recent major versions of the following web browsers: Chrome, Edge, Firefox, and Safari. HomeRun IQ also supports Internet Explorer version 11. Your browser must be configured to allow TLS 1.2. The accuracy or functionality of any services provided on HomeRunIQ.com may be compromised by the use of an unsupported browser or security settings.

Trademarks

The following is a non-exhaustive list of our trademarks and trade dress (“Marks”). The absence of a product, logo or service name from the list below does not constitute a waiver of trademark or other intellectual property rights.

Without prior written consent, use of any of these Marks constitutes trademark infringement. For more information on how to use our Marks contact info@homeruniq.com.

HomeRunIQ
HomeRun Financial

Copyright and Other Intellectual Property

HomeRun IQ, Inc. maintains the Website, and is the owner or the authorized user of all materials contained within the Website, including text, graphics, photos, sounds and other materials. The materials contained within the Website, including, without limitation, any copyrights, Marks and all other proprietary materials, are protected by the U.S. and international copyright laws and other proprietary rights laws. The material provided on the Website may not be copied, reproduced, transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written permission of HomeRun IQ.

Links to Third Parties

Clicking on certain links within the Website or certain other websites that are linked to the Website may take you to other websites or may display information on your computer screen from other websites, which may not be maintained by HomeRun IQ. HomeRun IQ assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in such websites and such linked websites are not monitored or checked for accuracy by HomeRun IQ.

Commentary

The HomeRun IQ Website may contain links and commentary provided as a convenience for clients. Linked articles and commentary may have been written or prepared by third parties not affiliated with HomeRun IQ and as such, HomeRun IQ is not responsible for the content of such links or articles and does not endorse or approve information contained in such links or articles. No information accessed through these articles constitutes a recommendation by HomeRun IQ to buy, sell or hold any security, financial product or instrument discussed therein and you remain fully responsible for any investment decisions you make.

Website Content and Material

The information and materials contained in the Website, including but not limited to these Terms of Use and any product information, are subject to change without notice. The date on the bottom of this page will reflect the date that the Terms of Use were last revised2. HomeRun IQ may change these Terms of Use from time to time in its sole discretion. Upon such change, the updated Terms of Use will be posted on our Website. You understand and agree that your continued use of this Website and related services after any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use.

Secured Access

Access to secure areas of the Website is restricted to authorized users only and any unauthorized users attempting to gain access to such secure areas may be subject to prosecution.

Interference

You agree not to engage in any of the following: (I) post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website; (II) use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers; (III) use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website.

Telephone Monitoring and Recording

Authorized employees or agents of HomeRun IQ may monitor and record all or portions of any telephone calls to HomeRun IQ for customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent required by law.

Limited Liability

HomeRun IQ, HomeRun Financial, and their respective directors, officers, employees and representatives are not liable for any indirect, special, punitive, consequential or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the Website or a linked website or with difficulty in accessing the Website. HomeRun IQ does not guarantee continuous, uninterrupted or secure access to the Website or linked websites. HomeRun IQ may make changes to the Website at any time.

No Warranties

All products, services and content on the Website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. If you choose to rely on such information, you do so solely at your own risk. You agree to indemnify, defend, and hold HomeRun IQ harmless from any liability, loss, claim, and expense, including attorney’s fees related to your violation of these Terms of Use or the use of the services and information provided on the Website.

Termination of Access

HomeRun IQ may terminate or suspend your access to the Website and its services in its sole discretion without notice to you. Further, if HomeRun IQ believes that a violation of these Terms of Use has occurred, it may take any other corrective action it deems appropriate. We reserve the right to investigate suspected violations of these Terms of Use. Any termination or suspension hereunder shall not affect your obligations under these Terms of Use.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between HomeRun IQ and you individually. Except as otherwise required under applicable law, you agree that you will not assert class action or representative action claims against HomeRun IQ, whether in arbitration or otherwise, and you waive any right to assert any class action or representative action claims against HomeRun IQ in any manner. You further agree that you will only submit your own, individual claims in arbitration and will not seek to represent the interests of any other person.

Governing Law

All Website activity or use and these Terms of Use are governed by the laws of the United States of America and the applicable laws of the State of California, without regard to conflict of law principles. You agree that the federal court of the Northern District of California, if it has subject matter jurisdiction, will have exclusive jurisdiction to hear and determine any claims or disputes between you and HomeRun IQ, pertaining directly or indirectly to these Terms of Use, or to any matter arising from these Terms of Use, or any other document executed and delivered in connection with these Terms of Use, the use of the Website or the online services offered by HomeRun IQ. If the federal court lacks subject matter jurisdiction, any state court located in San Francisco, California, will have exclusive jurisdiction to hear and determine such claims or disputes. To the fullest extent permitted by applicable state and federal law, you and HomeRun IQ each agree to waive the constitutional right to a trial before a jury. All disputes and controversies and claims arising out of the use of the Website will be resolved either through arbitration or in the courts.

Waiver or Modification

HomeRun IQ’s waiver of any waiver of condition or obligation hereunder shall not be construed as a waiver or modification of any other condition, obligation, right or provision.

Severability

If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Investment Tools

HomeRun Financial LLC, is an Investment Adviser registered with the U.S. Securities and Exchange Commission, and a wholly owned subsidiary of HomeRun IQ, Inc. and is specifically dedicated to the real estate market to bring modern portfolio theory and bring Prudent Investor principles to guide long-term asset management strategies to the unique long-term needs of real estate properties. You are encouraged to use all available resources to educate yourself about investing in general, as well as the investments and the overall composition of your HomeRun IQ account.

All investing involves risk, including the possible loss of money you invest, and past performance does not guarantee future performance. Historical returns, expected returns and probability projections are provided for informational and illustrative purposes, and may not reflect actual future performance.

HomeRun Financial relies on information from various sources believed to be reliable, including clients and third parties, but cannot guarantee the accuracy and completeness of that information. Nothing in this communication should be construed as an offer, recommendation, or solicitation to buy or sell any security. Additionally, HomeRun Financial does not provide tax advice and investors are encouraged to consult with their tax advisors.

Capital Investment

HomeRun Financial provides the opportunity to put long-term assets to work through Vanguard Institutional Investment Services (“Vanguard”), a longstanding investment services Global Investment Firm managing more than $5 trillion in capital investments worldwide, providing clients a HOA targeted and risk considered asset approach to meet long-term obligations.

Fund Custodianship

Pursuant to the terms of the Customer Agreements, funds will be held in custody with a qualified custodian. All interactions between Customers and custodians shall be run through HomeRun Financial.

Business Continuity Statements

SEC and FINRA Rules require investment advisers to create and maintain a business continuity plan on how they will respond to events that significantly disrupt their business (“Business Continuity Plan”). In accordance with these rules, HomeRun IQ and HomeRun Financial have developed a Business Continuity Plan designed to permit HomeRun IQ and HomeRun Financial to resume operations as quickly as possible in the event of a significant business disruption. Our Business Continuity Plan addresses data backup and recovery and is intended to allow us to continue to provide key services in the event of any natural disasters or other significant events. Our Business Continuity Plan will be reviewed and updated as necessary.

1.HomeRun Financial, LLC, is an Investment Adviser registered with the U.S. Securities and Exchange Commission, and a wholly owned subsidiary of HomeRun IQ, Inc.