User Agreement
Acceptance of Terms Through Use
By using this site or by submitting your information to HomePromise Corporation (“Company”) on this website you agree to this User Agreement (hereinafter referred to as “Agreement”), you the user (hereinafter referred to as “User”) signify User’s agreement to these terms and conditions. If User does not agree to this Agreement User will not use this site and User will not click “I agree.” User will check this Agreement periodically for changes, as the owner of this site, Company, reserves the right to revise this Agreement and User’s continued use of this site following the posting of any changes to this Agreement constitutes acceptance of such changes. Company reserves the right to terminate User’s use of this site at any time without notice and may do so for any breach of this Agreement or the instructions on this site by User. This Agreement applies to licensors and advertisers as well. If you submit your information to Company you consent to being contacted by Company via phone, email and/or mail even if you have previously opted into the National Do Not Call Registry, a state Do No Call Registry, the Company Do Not Call Registry or the corporate Do Not Call Registries of any companies that contact you as a result of your submission of information on this website.
You Must Be Over 18 to Agree to This User Agreement and Use This Site
This Agreement must be understood and agreed to by User only if User is over 18 years old. If User is not yet 18 years old, or is accessing this site from any country where material on this site is prohibited or illegal, please leave now, as User does not have permission to access this site.
License to Use This Site
Upon User’s agreement to this Agreement, Company hereby grants User a non-exclusive, non-transferable limited license to use this site in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this site. User agrees not to make any false or fraudulent statements in User’s use of this site or to gain access to this site. User acknowledges and agrees that all content and services available on this site are property of Company and its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by Company, its advertisers and licensors.
License Restrictions
Use Except as may be explicitly permitted through this site, User agrees not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
Security
User agrees that if User is issued a Username and Password by Company, User shall use User’s best efforts to prevent access to this site through your Username and Password by anyone other than User, including but not limited to, keeping such information strictly confidential, notifying Company immediately if you discover loss or access to such information by another party not under User’s control and supervision, and by using a Username and Password not easily guessed by a third party.
Code, Content and Materials
User agrees that User shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter any executable code, contents or materials on or received via this site. User understands that such actions are likely to subject User to serious civil and criminal legal penalties and that Company shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly allowed through instructions and truthful statements by User in regard to use of this site, from places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and are responsible for compliance with local laws. None of the information on this site may be downloaded, exported or re-exported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government. By using this site, User agrees that User is not a citizen of or a resident in any of these countries.
Export
User agrees that User shall comply with all applicable export and import control laws and regulations in your use of this site, or materials or services received through this site, and, in particular, User shall not export or re-export anything on or received through this site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.
Government Use
If User is a branch or agency of the U.S. Government, the following provision applies. This site, code, contents, services and accompanying documentation are comprised of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the United States.
User’s License Grant to Site
All personal information which User posts on this site or communicates to Company through this site (hereinafter referred individually and collectively as ‘Submissions’) shall forever be the property of Company. User agree to the Site Submission Rules as part of this Agreement if provided on this site by Company. The Company shall not treat any submission as confidential and shall not incur any liability as a result of any similarities that may appear in future Company services or products. Without limitation, Company shall have exclusive ownership of all present and future existing rights to any Submissions of every kind and nature everywhere. User acknowledges that User is fully responsible for the Submission, including its legality, reliability, appropriateness, originality and copyright. User hereby represents and warrants that User’s Submissions do not infringe on the rights of any third party.
Trademarks
Company’s, licensors’ or other third parties materials, services or products referenced on this site are common law or registered trademarks or service marks of such parties.
Third Party Sites
User may be transferred to online merchants or other third party sites through links or frames from this site. User is cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of User’s use of such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. These other sites are not under the control of Company, are not monitored or reviewed by Company, and Company is not aware of the contents of such sites. User acknowledges that Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. The inclusion of such a link or frame does not imply endorsement of this site by Company, its advertisers or licensors of any association with its operators and is provided solely for User’s convenience. User agrees that Company and its licensors have no liability whatsoever from such third party sites and User’s usage of them.
Disclaimer of Warranties
Company, its advertisers and licensors make no representations or warranties about this site, the suitability of the information contained on or received through use of this site, or any services or products received through this site. All information and use of this site are provided “as is” without warranty of any kind. Company, advertisers and/or its licensors hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Company, advertisers and/or its licensors do not warrant that the contents or any information user receives through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. User’s use of this site is solely at user’s own risk. User agrees that user has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to user but shall apply to the maximum extent permitted by law of user’s jurisdiction.
Limitation of Liability
Under no circumstances shall company, advertisers and/or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company, advertisers and/or its licensors have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Company, advertisers and/or its respective licensors’ liability in such jurisdictions shall be limited to the maximum extent permitted by law of User’s jurisdiction.
Indemnification
User agrees to defend, indemnify, and hold harmless Company, its advertisers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from use of this site, or any services, information or products from this site, or any violation of this Agreement. Company reserves the right, at company’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User shall cooperate with the Company in asserting any available defenses.
Legal Compliance
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any notice which alleges that User has used this site for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers, directors, contractors or employees. In such event, Company may disclose User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena or other legal action, and Company shall not be liable for damages or results thereof and User agrees not to bring any action or claim against Company for such disclosure.
Choice of Law and Forum
This site (excluding third party linked sites) is controlled by Company which is a corporation within the Commonwealth of Virginia, United States of America. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by this site. As each of these places has laws that may differ from Virginia, by accessing this site, both User and the Company agree that the statues and laws of the Commonwealth of Virginia shall apply to any actions or claims arising out of or in relation to this Agreement or users use of this site, without regard to conflicts of law principles thereof. User and Company also agree and hereby submit to the filing of any claim only in the exclusive personal jurisdiction and venue of the Commonwealth of Virginia and any legal proceedings shall be conducted in English. Company makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. The United Nations Convention on Contracts for the Sale of Goods shall not govern this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of the Company. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such transfer shall be void.