Disclaimer, Limitation of Liability, and Independent Verification Notice

1. Definitions

For purposes of this Disclaimer:

• "HFD," "we," "us," or "our" means Home Fraud Defense™, including its parent, subsidiaries, affiliates, officers, directors, employees, contractors, agents, licensors, data providers, technology partners, and successors-in-interest.
• "Service" means all websites, mobile applications, APIs, scanners, scoring systems, registries, dashboards, communications, reports, alerts, training materials, certifications, and any other product or feature operated by HFD, including without limitation: Talveras™ Wire Scan, Talveras™ Property Scan, Talveras™ Phone Risk, Talveras™ Landlord Verifier, Talveras™ Lien Search, Talveras™ Deed Search, Talveras™ Contact Verify, Talveras™ Disclosure Verify, the National Fraud Registry™, the HFDCP™ certification program, and any successor or rebranded versions of the foregoing.
• "Output" means any score, verdict, alert, indicator, report, recommendation, response, classification, summary, registry result, or other content generated, displayed, or transmitted by the Service.
• "You" or "User" means any person or entity accessing or using the Service, whether as a consumer, professional, sponsor, certified holder, registered user, or guest.

2. Informational Risk Indicators Only — No Determination of Fact

All Outputs are presented as informational risk indicators only. Outputs do not constitute, and shall not be construed as, a determination, certification, opinion, finding, conclusion, accusation, or representation that any property, person, transaction, document, communication, listing, or party is safe, legitimate, fraudulent, criminal, negligent, or otherwise actionable.

A "low risk," "verified," or low-score result is not a guarantee that fraud or other risk is absent. A "high risk," "alert," or elevated-score result is not a determination that fraud has occurred or that any party has engaged in wrongdoing.

3. Not Legal, Real Estate, Title, Financial, or Other Regulated Advice

The Service does not provide and shall not be construed as providing:

• legal advice or the practice of law;
• real estate brokerage, agency, or licensee services;
• title insurance, title search, title underwriting, or escrow services;
• mortgage, lending, banking, or financial advice;
• tax or accounting advice;
• insurance underwriting or claims advice;
• appraisal services;
• credit reporting or consumer reporting services;
• background investigation services;
• law enforcement, prosecutorial, or governmental services;
• expert witness opinion; or
• any other regulated professional service.

HFD is not a law firm, title insurer, escrow company, real estate broker (except as separately licensed in Arizona), bank, credit reporting agency, consumer reporting agency, background check provider, or government agency. No attorney-client, fiduciary, agency, brokerage, escrow, custodial, or advisory relationship is created by your use of the Service.

4. Not a Consumer Reporting Agency; Not Subject to FCRA

The Service is not a "consumer reporting agency" as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"), and Outputs are not "consumer reports." You shall not use any Output, in whole or in part:

• to determine eligibility for credit, insurance, employment, housing, or any other purpose enumerated under FCRA § 1681b;
• to evaluate any consumer for any FCRA-regulated purpose; or
• in any manner that would cause HFD to be considered a consumer reporting agency.

The Service is property- and transaction-centric, not person-centric, and is intended to surface risk indicators about real estate transactions, properties, and communications — not to make adverse decisions about individuals.

5. Artificial Intelligence and Algorithmic Outputs

Portions of the Service incorporate artificial intelligence, machine learning, large language models, heuristic rules, and statistical scoring methods. You acknowledge and agree that:

• AI and algorithmic systems may produce inaccurate, incomplete, biased, outdated, or fabricated ("hallucinated") output, including incorrect identification of risk, incorrect quotations of source material, and incorrect application of rules;
• Outputs may produce false positives (flagging legitimate activity as suspicious) and false negatives (failing to flag actual fraud or risk);
• Models are trained on historical data and may not reflect current schemes, current law, or current circumstances;
• HFD does not represent or warrant that any AI-generated Output is accurate, complete, current, free from bias, or fit for any particular purpose; and
• You assume all risk associated with any reliance on AI-generated Output.

6. Mandatory Independent Verification

Before taking any action involving money, property transfer, lease execution, contract signing, wire transfer, earnest money deposit, deed recording or release, identity disclosure, credential issuance, hiring, partnership, or any other consequential decision, you must independently verify all relevant information with appropriate licensed professionals, including without limitation: licensed attorneys, title insurance professionals, licensed real estate brokers, certified public accountants, your bank or credit union, the applicable county recorder's office, the applicable state real estate commission, and law enforcement.

Wire-transfer specific: Before transmitting any wire, you must independently call the receiving party at a phone number obtained from a source other than the wire instruction email, attachment, or message — and read back the account and routing numbers digit-by-digit. Wire instructions delivered by email are inherently high-risk and are routinely altered by fraudsters; the Service is not a substitute for direct, voice-verified confirmation through a known channel.

Failure to independently verify is at your sole risk. HFD shall not be liable for any loss arising from your decision to act on, or refrain from acting on, any Output without independent verification.

7. Professional Users — Express Assumption of Risk and Duty Acknowledgment

If you are a real estate agent, broker, title officer, escrow officer, attorney, lender, loan officer, notary, settlement agent, property manager, investor, or other licensed or professional user, you expressly acknowledge and agree that:

• The Service is a supplement to, never a replacement for, your independent professional judgment, statutory and regulatory obligations, fiduciary duties, errors-and-omissions or professional liability coverage, brokerage policies, and standard verification procedures;
• The Service does not relieve you of any duty owed to any client, principal, customer, third party, regulator, or court;
• Any HFDCP™ certification, completion certificate, listing, badge, or credential issued by HFD is an educational designation and is not a license, accreditation, government endorsement, or substitute for any state licensing requirement;
• HFD's listing on any government website or affiliation with any industry organization (including ARELLO, ADRE, AZREIA, or any other body) does not constitute a government endorsement, sponsorship, certification, or guarantee of the accuracy or fitness of the Service; and
• You are solely responsible for compliance with all real estate licensing laws, RESPA, state advertising rules, MLS rules, fair housing law, anti-money-laundering rules, and all other applicable laws in your use of the Service.

You agree to indemnify HFD pursuant to Section 12 below for any claim arising from your professional use of the Service.

8. Data Sources, Public Records, and Third-Party Content

The Service aggregates information from public records, third-party databases, AI providers, government feeds, user submissions, and other external sources. Such data may be outdated, incomplete, inaccurate, transcribed in error, or affected by jurisdictional variations. HFD does not own, control, or independently verify the underlying data sources and makes no representation as to their accuracy, completeness, currency, or reliability.

User-submitted content (including Registry reports) reflects the views and assertions of the submitting user, not HFD. HFD reserves the right, but assumes no obligation, to review, edit, refuse, suspend, or remove any user-submitted content. Pursuant to 47 U.S.C. § 230, HFD is not the publisher or speaker of any third-party content displayed through the Service.

9. No Warranties — "AS IS" and "AS AVAILABLE"

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HFD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• TITLE;
• ACCURACY;
• QUIET ENJOYMENT; AND
• ANY WARRANTY ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

HFD DOES NOT WARRANT THAT THE SERVICE WILL: (a) MEET YOUR REQUIREMENTS; (b) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) DETECT OR PREVENT FRAUD IN ANY GIVEN CASE; (d) PRODUCE ACCURATE OR RELIABLE RESULTS; OR (e) BE FREE OF VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION OBTAINED FROM HFD OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Excluded Damages. IN NO EVENT SHALL HFD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS OPPORTUNITY; LOST GOODWILL; LOSS OR CORRUPTION OF DATA; COST OF SUBSTITUTE GOODS OR SERVICES; OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE, ANY OUTPUT, OR THIS DISCLAIMER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF HFD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate Cap. HFD'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THIS DISCLAIMER SHALL NOT EXCEED THE GREATER OF: (i) THE TOTAL AMOUNT YOU PAID TO HFD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00).

(c) Specifically Excluded Losses. WITHOUT LIMITING THE FOREGOING, HFD SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM: (i) WIRE FRAUD, BUSINESS-EMAIL-COMPROMISE, OR OTHER FRAUD NOT DETECTED OR FALSELY CLEARED BY THE SERVICE; (ii) DEED, TITLE, OR PROPERTY THEFT; (iii) RENTAL SCAMS; (iv) ANY ACTION OR INACTION BY YOU OR ANY THIRD PARTY IN RELIANCE ON ANY OUTPUT; (v) ANY ACTION OR INACTION BY ANY LICENSED PROFESSIONAL; OR (vi) ANY ERROR, OMISSION, OR INACCURACY IN PUBLIC RECORDS OR THIRD-PARTY DATA.

(d) Essential Basis. YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN AND SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, HFD's liability shall be limited to the maximum extent permitted by law.

11. Assumption of Risk; No Reliance

You expressly acknowledge and agree that any reliance on any Output is at your sole risk and responsibility. You assume full responsibility for all decisions you make based on, in connection with, or notwithstanding the Service. You represent that you are not relying on any statement, representation, warranty, guarantee, or information from HFD that is not expressly set forth in this Disclaimer or the Terms of Service.

12. Indemnification

You shall defend, indemnify, and hold harmless HFD from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and expert witness fees) arising out of or related to:

• your access to or use of the Service;
• any Output you act on, distribute, publish, or rely upon;
• your violation of this Disclaimer, the Terms of Service, or any applicable law;
• your violation of any right of any third party (including defamation, privacy, publicity, intellectual property, or contractual rights);
• any content you submit to the Service, including Registry reports;
• your professional services rendered to any client or third party in connection with the Service;
• any wire transfer, deed transfer, lease, contract, or financial transaction you enter into; and
• any misrepresentation by you in connection with the Service or any HFD certification.

HFD reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which case you agree to cooperate with HFD's defense. You shall not settle any matter affecting HFD without HFD's prior written consent.

13. Binding Arbitration; Class Action Waiver; Jury Trial Waiver

(a) Agreement to Arbitrate. Except for the Excluded Claims defined in Section 13(f), any dispute, claim, or controversy arising out of or related to this Disclaimer, the Terms of Service, the Service, or your relationship with HFD (collectively, "Disputes") shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be Maricopa County, Arizona. The arbitrator's award shall be final and may be entered in any court of competent jurisdiction.

(b) Federal Arbitration Act. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

(c) Class Action Waiver. YOU AND HFD EACH AGREE THAT DISPUTES SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

(d) Jury Trial Waiver. YOU AND HFD EACH KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY in any Dispute, whether arbitrated or litigated.

(e) 30-Day Right to Opt Out. You may opt out of this arbitration agreement by sending written notice to info@homefrauddefense.org within thirty (30) days of first accepting this Disclaimer, identifying your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other provision of this Disclaimer.

(f) Excluded Claims. The following are not subject to arbitration: (i) small-claims-court actions brought on an individual basis; (ii) actions to enforce or protect intellectual property rights; (iii) injunctive or equitable relief to prevent unauthorized use of the Service; and (iv) any Dispute that applicable law renders non-arbitrable.

(g) Severability of Class Waiver. If the class action waiver in Section 13(c) is found unenforceable as to any Dispute, the entire arbitration agreement shall be null and void as to that Dispute, but only as to that Dispute.

14. Governing Law; Forum

This Disclaimer is governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Subject to Section 13, the exclusive forum for any Dispute not subject to arbitration shall be the state or federal courts located in Maricopa County, Arizona, and you irrevocably consent to the personal jurisdiction of those courts.

15. Limitations Period

To the maximum extent permitted by law, any claim or cause of action arising out of or related to the Service or this Disclaimer must be filed within one (1) year after the claim accrues, or it shall be permanently barred. This limitations period may not be extended by any course of dealing or course of conduct.

16. Eligibility; Not for Minors

The Service is intended for users eighteen (18) years of age or older. By using the Service, you represent and warrant that you are at least 18 years old, are competent to enter into this Disclaimer, and are not prohibited by any applicable law from using the Service.

17. Account Suspension and Termination

HFD may suspend, restrict, or terminate your access to the Service, in whole or in part, at any time and for any reason, with or without notice, including for suspected violation of this Disclaimer or the Terms of Service. You shall not be entitled to any refund or compensation as a result of any suspension or termination, except as expressly stated in the Terms of Service.

18. Force Majeure

HFD shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, denial-of-service attacks, third-party service outages, AI provider downtime, or pandemic.

19. Severability

If any provision of this Disclaimer is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from this Disclaimer. The remaining provisions shall continue in full force and effect.

20. No Waiver

No waiver of any provision of this Disclaimer shall be effective unless in writing and signed by an authorized representative of HFD. Failure or delay by HFD to enforce any right shall not constitute a waiver of that right.

21. Assignment

You may not assign or transfer this Disclaimer or any rights or obligations hereunder without HFD's prior written consent. HFD may freely assign this Disclaimer in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law, and your continued use of the Service shall constitute consent to such assignment.

22. Survival

Sections 2 through 22 shall survive any termination, suspension, or expiration of your access to the Service or this Disclaimer.

23. Entire Agreement; Order of Precedence

This Disclaimer, together with the Terms of Service and Privacy Policy, constitutes the entire agreement between you and HFD regarding the Service and supersedes all prior or contemporaneous agreements, communications, and understandings. In the event of a conflict, the order of precedence shall be: (1) any signed written agreement between you and HFD; (2) this Disclaimer; (3) the Terms of Service; (4) the Privacy Policy.

24. Updates and Renewed Acceptance

HFD may update this Disclaimer at any time. Material changes will become effective upon posting and will require renewed acceptance on next sign-in or next material use of the Service. The current version and effective date will always be listed at the top of this document. Your continued use of the Service after the effective date of any update constitutes your acceptance of the updated Disclaimer.

25. Contact and Notices

Legal notices to HFD must be sent in writing to:

Notices to you may be sent to the email address associated with your account or posted within the Service.