TERMS OF USE
The following are terms of use (“Terms of Use”) between USA Homeownership Foundation, Inc., the provider (“we”, “our”, or “us”) of the membership database, event registration, and other online subscriber services provided by this website (the “Service”) and any individual, company or other legal entity (“you”, and “your”) who wishes to use subscribe to the Service, whether as our supporter (“Supporters”), as a member (“Members”, and together with Supporters, “Users”) or as a Supporter’s public visitor (together with Members, the “Audience”). These Terms of Use consist of the following provisions and, if you are a Supporter or Member, the information provided by you as part of the sign-up process for account holders.
By using the Service, including accessing our site, you agree that you are bound by these Terms of Use. If you do not agree with each provision of these Terms of Use, or you are not authorized to enter into these Terms of Use, or you do not have the legal capacity to enter into these Terms of Use, you may not use the Service.
You can review the most current version of these Terms of Use at any time on this website (the “Website”). We reserve the right to update and change these Terms of Use by posting updates and changes to the Website. If you register for use of the Website, we will notify you at the contact information you provide on registration of any changes to these Terms of Use. You are also advised to check the Terms of Use from time to time for any updates or changes that may impact you. If you do not agree with any changes to these Terms of Use you may terminate your agreement with us by notifying us at the contact address provided in that notice. By continuing to use the Service you signify your acceptance of all such amendments.
Description of Service and License
The Service consists of the provision by us to Supporters of access to the USA Homeownership Foundation, Inc. website, which provides tools to view the database, administer events, meetings, and send email notices to opted-in recipients and other related features (the “System”). The System allows the Audience to view Supporters’ web pages, register for events receive email notices and reminders, and more. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new tools and resources, shall be subject to the terms and conditions of these Terms of Use.
Upon your entering into these Terms of Use, we grant to you a non-exclusive, non-transferable, limited license to access and use the Service as User or public visitor, as applicable. You also understand and agree that the Service may include certain communications from us and our service providers, such as service announcements, administrative messages and other announcements, and that these communications are considered part of Service and you will not be able to opt out of receiving them.
If you are a Supporter, you acknowledge and agree that your Audience is required to accept these Terms of Use prior to us granting them access to the Service, and that you have obtained all required consents with respect to any personal information provided by you to us in respect of our Members, and you acknowledge that all required consents are provided to us to use such personal information for the purposes of operating the Service. We reserve the right to refuse to provide the Service to anyone for any reason at any time. Technical issues are to be reported to [email protected]. [email protected].
Conditions of Eligibility
You agree that in order to use the Service as Supporter or Member:
· You must provide your full legal name, a valid email address, and any other information about yourself or the entity you represent as prompted by the Services registration form (the “Registration Data”).
· You agree to: (a) provide true, accurate, current and complete information, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete within 30 days of any change. If we suspect that any information you provide is untrue, inaccurate, not current or incomplete we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you and your Audience, if any.
· You must read, agree with and accept all of the terms and conditions contained in these Terms of Use and the Privacy Policy. Registration data, member information and certain other information is subject to the Privacy Policy, the terms of which are incorporated into these Terms of Use by reference.
· You agree that in order to use the Service as a Supporter you must be 18 years of age or older.
Fees and Payments
· We do not charge any fees for use of the Service by persons other than Supporters and Members. Fees charged to Supporters and Members for using the Service (“Fees”) are payable in the amounts and in the manner described on the Website. Fees are subject to change upon 14 days’ notice. Such notice may be provided at any time by posting the changes to the Website.
· All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
· All currency references are in U.S. dollars. You shall be responsible for payment of all taxes, levies, or duties imposed by taxing authorities for any payment or fees you may collect through the System.
Disclaimers regarding Third Party Acts or Services
With regard to the provision of the Service you acknowledge and understand that:
· Free account plans are subsidized by advertising revenues. As such, we may display advertisements throughout your website on our System. We do not endorse any of the products or services advertised.
· The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that we and our service providers are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, evaluations, goods, products, services or other materials posted on the World Wide Web (“Content”), or for advertising, or products, on or available from such sites or resources. You further acknowledge and agree that we and our service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
· You understand that due to the technical processing and transmission of the Service, your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
· You understand that under no circumstances will we or our service providers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or submitted to us or our service providers.
· With respect to any additional software that may be made available by us or our service providers in connection with the Service (“Software”), if you elect to download or access such Software, you may have to agree to additional terms and conditions before you use such Software. Any Software or material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such software or material.
Account Holders Responsibility
You acknowledge and agree that you, and not we or our service providers, are entirely responsible for:
· All content that you upload, post, transmit, or otherwise make available via the Service. We and our service providers do not control or own the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such Content.
· Keeping your password secure. We and our service providers cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you explicitly log out from your account at the end of each session. We and our service providers cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Our Reserved Rights
· All user names and passwords remain our property or the property of our service providers and may be cancelled, changed or suspended at any time without notice or any liability to you or any other person. We and our service providers are not under any obligation to verify the actual identity or authority of the user of any user name or password.
· We do not pre-screen Content and it is in our sole discretion to refuse or remove any Content that is available via the Service. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
· We reserve the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice. We and our service providers shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Term and Termination
These Terms of Use continue in force until terminated by either us or you. Termination of these Terms of Use results in immediate termination of your, and if you are a Customer, your Members’ and the public’s, access to the Services and your website.
We or our service providers may, under certain circumstances and without prior notice, immediately terminate your access to the Service and your website for the following reasons including, but not be limited to.
· If you breach or facilitate or permit any breach or violation of these Terms of Use as determined in our sole discretion.
· If your account is in arrears.
· Requests by law enforcement or other government agencies.
· Discontinuance or material modification to the Service (or any part thereof), or unexpected technical issues or problems.
· Without limiting any other remedies, if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the System.
· You may terminate the Service immediately in your account area at our Website, or by giving written notice to us at the address indicated on the Website. If you cancel the Service, your cancellation will take effect immediately.
· Cancellation or termination of the Service for any reason may result in the deactivation or deletion of your website on the System, deletion of your password and all related information associated with or inside your account (or any part thereof), or your access to such sub-site, the forfeiture and relinquishment of all Content on your website and barring further use of the Service. We and our service providers accept no liability to you or any third party for such deleted information or Content.
Proprietary Rights
You represent and warrant that you are the owner or validly authorized licensee of all Content provided by you through the Service, and you hereby grant to us and our service providers a worldwide, non-exclusive license to copy, store, transmit, digitally display and otherwise distribute such Content as part of the Service. We do not claim any intellectual property rights over Content you provide to the Service. All Content you upload remains yours. You can remove your Content at any time by deleting your account.
By uploading images and item description content to Service, you agree (i) that we and our service providers can, at any time, review all the Content submitted by you to the Service, (ii) to allow us and our service providers to store and display such Content on the Website in the areas of the Website to which you upload it, and (iii) to allow Users and public visitors that have access to such areas of the Website to view and use such Content there.
You acknowledge and agree that we and our service providers may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
· Comply with legal process
· Enforce the Terms of Use
· Respond to claims that any Content violates the rights of third-parties
· Protect our rights, property, or personal safety, or those of Users and/or the public
· You acknowledge and agree that the Service and Software contain proprietary and confidential information that is protected by applicable intellectual property laws and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
· Except for the sole purpose of using the Service, as per the terms of these Terms of Use, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Software, use of the Service or Software, or access to the Service or Software without our express written permission.
Disclaimer of Warranties
You expressly understand and agree that your use of the Service and Software is at your sole risk. The Service is provided on an “as is” and “as available” basis. We and our service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, performance and non-infringement.
Without prejudice to the generality of the above, neither we nor our service providers warrant that:
· The Service or Software will be uninterrupted, timely, secure, or error-free.
· The results that may be obtained from the use of the Service or Software will be accurate or reliable.
· The quality of any products, services, information, or other material purchased or obtained by you through the Service or Software will meet your expectations or specific requirements, or that any errors in the Service or Software will be corrected.
· No advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the Terms of Use.
· We will make commercially reasonable efforts to maintain the Service, however, we and our service providers are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, non-availability, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the Service or Software, or other interaction with the Service or Software. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
Limitation of liability
You agree that we and our service providers, licensors and suppliers shall not be liable for any damages of any kind, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, and whether arising out of contract, tort, negligence (including strict liability), warranty, indemnity or otherwise (even if we have been advised of the possibility of such damages) and whether or not any limited remedy failed of its essential purpose, arising out of or in connection with the Website or resulting from the use or the inability to use the Service or Software, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service or Software or otherwise resulting from these Terms of Use.
Indemnity
You agree to indemnify and hold us and our and our service providers, licensors and suppliers, and our and their subsidiaries, affiliates, related entities, officers, directors, shareholders, agents, co-branders or other partners, employees, successors and assigns harmless from any liability, cost, expense, loss, claim or demand, (collectively, “Losses”) including reasonable lawyers’ fees, made by any third party due to or arising out of your use of the Service and Software, including, without limitation, Losses arising as a result of: the Content you or your website provides; the activities of your Members, any non-payment of Fees; your connection to the Service or Software, your violation of the Terms of Use or the documents it incorporates by reference, Service or Software downtime or compromise of availability of the Service to you or others as a result of your actions or failure to act, or your violation of any law or the rights of a third Party another through the Service.
Compliance and rules of conduct
It is your sole responsibility to determine whether your use of the Service or Software is lawful, and you must comply with all applicable laws in using the Service and Software. You may not use the Service or Software for any illegal or unauthorized purpose nor may you, in the use of the Service or Software, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Corona, CA. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable local laws regarding the transmission of technical data.
You agree that you will not upload, post, offer for sale, sell transmit or otherwise make available any Content that:
· Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
· You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
· Infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
· Violates any applicable federal, provincial, state, or local law or regulation
· You do not have full power and authority to distribute, including all necessary licenses and authorizations
· We determine, in its sole discretion, is inappropriate for distribution through the Service
You agree that you will not upload, post, or transmit unsolicited commercial email or “spam” or indulge in unethical or inappropriate use of the internet. This includes unethical marketing, advertising, or any other practice that is in any way connected or related to the above, such as:
· Sending mass email to recipients who haven’t requested email from you or with a fake return address
· Promoting a site with inappropriate links, titles, descriptions
· Promoting your site by posting multiple submissions in public forums that are identical; or
· Uploading, posting or otherwise transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
· Interfering with or disrupt the Service or Software or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
· Adding someone to your mailing list (email or physical mail) without their express consent;
· Intentionally or unintentionally violating any applicable local, state, national or international law
· “Stalk” or otherwise harassing another user
· Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
You agree that you will not:
· If you are a Customer, use or disclose information that pertains to other persons and that is governed by the Privacy Policy of this Website except as set forth in that Privacy Policy
· Harm minors in any way in your use of the Service and Software
· Impersonate any person or entity, including, but not limited to, our officers, agents and employees, a forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or Software
· Exceed the scope of the Service that you have signed up for; by, for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing the comments or content of other persons
General
· Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Notices to you may be made via either email or website posting.
· The Terms of Use and the relationship between you and us shall be governed by and construed and interpreted in accordance with the laws of Corona, California without regard to its conflict of law provisions. You agree that our service providers are third party beneficiaries of your agreements in these Terms of Use.
· Except where prohibited by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) arising out of or relating to these Terms of Use; (b) the Services; (c) oral or written statements, advertisements or promotions relating to these Terms of Use or to the Services; or (d) the relationships that result from these Terms of Use or the Services (collectively, a “Claim”), will be referred to and determined by a sole arbitrator (to the exclusion of the courts).
· Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us or our service providers related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us or our service providers. If you have a Claim, you should give written notice to arbitrate at the address specified on the Website. If we have a Claim, we will give you notice to arbitrate at your address provided in your Registration Data. Arbitration will be conducted by one arbitrator pursuant to the commercial arbitration laws and rules in effect on the date of the notice in Corona, CA.
· To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Corona, CA. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
· These Terms of Use, the Privacy Policy, the information provided to you and by you during the sign-up process and during the upgrade/downgrade of your account, and any other documents that are incorporated into these Terms of Use by reference, constitute the entire agreement between you and us and govern your use of the Service or Software, supersedes any prior agreements (including, but not limited to, any prior versions of the Terms of Use).
· If any provision of these Terms of Use is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use remain in full force and effect.
· You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or Software or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
· The parties acknowledge having consented that these Terms of Use and all documents, notices and judicial proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly pursuant hereto, be in the English language.
