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1.1
Read these Home Partners Associates Inc., hereinafter referred to as HPA, Terms of Use
("Terms") carefully before you
("you") accept these terms by: (a)
placing an order through HPA, or (b)
otherwise using the HPA Website
("website"). If you do not agree to all
of these terms, do not use this website.
1.2
The terms are entered into by and between
HPA, and you. If you are using the services on behalf of
your employer, you represent that you are
authorized to accept these terms on your
employer's behalf. HPA provides the
on-line resources, and other on-line
resources accessible via HPA. (the
"services") to you, subject to the
terms. Unless explicitly stated otherwise, the
terms will govern your use of any new features
that augment or enhance the current services,
including the release of new HPA on-line
resources. In addition to the terms, the
HPA standard sales terms apply to
purchases you make through the HPA
on-line resources, unless you have currently in
effect a separate written purchase or license
agreement with HPA, in which case that
separate purchase agreement governs. If there is a
conflict between: (a) these terms, and (b) either
the HPA standard sales terms or other
applicable purchase or license agreement, the
latter prevail
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In
consideration of your use of the services, you
agree to be solely responsible for: (a) providing
true, accurate, current, and complete information
about you as prompted by the Service's
registration form (the "Registration
Data"), and (b) maintaining and promptly
updating the Registration Data to keep it true,
accurate, current and complete. You are solely
responsible for the security of your password.
HPA is not liable for any unauthorized
use of the web site or services. You acknowledge
and agree that certain services may provide
password-restricted access to customer information
such as names and certain terms of your existing
contracts to assist you in purchasing, maintaining
and supporting your HPA products. By
using this Web site and registering for such
services, you consent to HPA's display of
such information via the services and accept all
risks of unauthorized access to such information.
If you provide any information that is false,
inaccurate, out of date, or incomplete, or
HPA has reasonable grounds to suspect
that such information is false, inaccurate, not
current, or incomplete, HPA may suspend
or terminate your account (as described in Section
9) and refuse any and all current or future use of
the services (or any portion thereof).
HPA agrees to make reasonable efforts to
implement your requested changes, additions, or
deletions to Registration Data within one (1)
business day of receipt of such written
information. You are responsible for all costs and
charges, including without limitation, phone
charges and telecommunications equipment, that you
incur in order to use the services.
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In
order to gain access to the services, you agree to
these confidentiality provisions:
3.1
You acknowledge that you may obtain direct access
via the web site to certain HPA
confidential information, including databases
containing confidential information of
HPA and its suppliers, such as technical,
contractual, pricing, marketing, and other
valuable information ("Information").
You must hold Information in strict confidence and
may provide information to employees in your
organization only on a need-to-know basis. You may
use the information from the web site solely for
the purpose of purchasing, maintaining and
supporting your HPA products and
services. Title to information remains with the
HPA
owner or its suppliers. You agree, either
as an individual or on behalf of your employer, to
be bound by the provisions of this Section 3.
Furthermore, if you are acting on behalf of your
employer or association, your employer and
association agrees to indemnify you for violations
of this Section 3.
3.2
You do not acquire any rights in Information,
except the limited right to use Information as
described above.
3.3
Any breach of the terms will result in irreparable
harm to HPA for which damages would be an
inadequate remedy and, therefore, in addition to
its rights and remedies otherwise available at
law, HPA will be entitled to equitable
relief, including both a preliminary and permanent
injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other
security if HPA seeks such an injunction.
3.4
Your obligations regarding information expire five
(5) years after the date of disclosure. Upon
termination of the terms or HPA's written
request, you must cease use of information and
return or destroy all information.
3.5
The terms impose no obligation upon you with
respect to information that you can establish by
legally sufficient evidence: (a) You possessed, or
knew, prior to your receipt from HPA,
without an obligation to maintain its
confidentiality; (b) is or becomes generally known
to the public through no act or omission by you,
or otherwise without violation of the terms; (c)
You obtained from a third party who had the right
to disclose it, without an obligation to keep such
information confidential; (d) You independently
developed without the use of Information and
without the participation of individuals who have
had access to Information, or (e) in response to a
valid order by a court or other governmental body,
as otherwise required by law, or as necessary to
establish the rights of either party under these
terms and as disclosed after prior notice to
HPA adequate to afford HPA the
opportunity to object to the disclosure.
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4.1
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages, or other materials
("content"), whether publicly posted or
privately transmitted, are the sole responsibility
of the person from whom such content originated.
This means that you, and not HPA, are
entirely responsible for all content that You
upload, post or otherwise transmit via the
services. HPA does not control the
content posted via the services and, as such, does
not guarantee the accuracy, integrity or quality
of such content. You understand that by using the
services, You may be exposed to content that is
offensive, indecent or objectionable.
4.2
While it is not our intent to monitor Your online
communications, HPA reserves the right to
edit or remove content that we become aware of and
determine to be harmful, offensive or otherwise in
violation of these terms. HPA may also
remove content that contains third-party
commercial advertisements, is inaccurate or
includes unauthorized disclosure or personal
information. Violation of these restrictions
("Restrictions") may also result in the
termination or suspension of your account. These
restrictions apply to all content provided to or
through the services, including E-mail messages,
newsgroup postings, chat, and personal or business
web pages.
4.3
You agree not to post or store on HPA or
any of its affiliated sites any content that
violates or infringes anyone's intellectual
property rights (including copyrights, trademarks,
trade secrets, patents, publicity rights or (to
the extent protectable) confidential ideas) or
that is obscene, obscene as to minors, child
pornography, defamatory, racist, lewd, lascivious,
filthy, excessively violent, harassing, or
otherwise objectionable
("objectionable").
4.4
You agree not to use the services in any way for
spamming or to transmit chain letters, junk E-mail
or bulk communications. You agree not to transmit
through the services any Material that is
objectionable. You agree not to use any
HPA or HPA domain name as a
pseudonymous return E-mail address for any
communications that you transmit from another
location or through another service; and You may
not pretend to be someone else or spoof their
identity when using the services. Furthermore, You
agree not to transmit unsolicited or bulk
communications to any HPA, HPA
account holder or to any HPA or
affiliated E-mail address (regardless of whether
you use the services to transmit any such
communication).
4.5
You agree not to use the services for any unlawful
activities not otherwise covered above, including
(without limitation) attempting to compromise the
security of any networked account or site,
operating an illegal lottery or gambling
operation, stalking, or making direct threats of
physical harm. Additionally, You agree not to use
the services to:
- (a)
impersonate any person or entity, including,
but not limited to, a HPA official,
- (b)
or falsely state or otherwise misrepresent
Your affiliation with a person or entity;
- (b)
forge headers or otherwise manipulate
identifiers in order to disguise the origin of
any content transmitted through the services
or develop hidden pages or images (those not
linked to HPA from another accessible
page);
- (c)
upload, post or otherwise transmit any content
that You do not have a right to transmit to
the public under any law or under contractual
or fiduciary relationships (such as inside
information, proprietary or confidential
information learned or disclosed as part of
employment relationships or under
nondisclosure agreements);
- (d)
upload, post or otherwise transmit 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;
- (e)
disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other
users of the services are able to type, or
otherwise act in a manner that negatively
affects other users' ability to engage in real
time exchanges;
- (f)
intentionally or unintentionally violate any
applicable local, state, national or
international law, or any regulations having
the force of law;
- (g)
collect or store personal data about other
users;
- (h)
use a HPA account as storage for
remote loading or as a door or signpost to
another home page, whether inside or beyond
HPA.
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5.1
HPA does not claim ownership of the
content you place on any part of HPA. By
submitting content to HPA for inclusion
on HPA, you grant HPA and all
other users of HPA a worldwide,
royalty-free, and nonexclusive license to
reproduce, modify, distribute, transmit, display,
perform, adapt, and publish the content (including
in digital and print form).
5.2
You acknowledge that HPA does not
pre-screen content, but that HPA and its
designees have the right (but not the obligation)
in their sole discretion to block or restrict
access to or the availability of, or to disable,
any content that is available via the services.
Without limiting the foregoing, HPA and
its designees may disable, restrict access to or
the availability of, any content that violates the
terms or is otherwise objectionable. 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.
5.3
Unless otherwise explicitly stated, herein, or in
the HPA Privacy
Policy, any content provided by you in
connection with this web site shall be deemed to
be provided on a nonproprietary and
nonconfidential basis. HPA shall not have
any obligation of any kind with respect to such
content and HPA shall be free to use or
disseminate such content on an unrestricted basis
for any purpose. You acknowledge that you are
responsible for the content that you submit, and
you, not HPA, have full responsibility
for the content, including their legality,
reliability, appropriateness, originality and
copyright.
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HPA
will attempt to deliver all of the E-mail that is
addressed to your E-mail address on HPA
services. However, sometimes someone who may or
may not be a subscriber to HPA services
may attempt to relay large numbers of E-mail
messages, in bulk, off of or through one of our
servers. HPA reserves the right to
discard that bulk relay E-mail because it is an
unauthorized use of our equipment. Any E-mail
addressed to you in care of HPA services
that is included in that bulk relay E-mail may not
be delivered to you.
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You
agree that HPA would be irreparably
harmed by the use, by you or others, of
HPA services or facilities in connection
with the transmission of spam newsgroup postings
or unsolicited E-mail in violation of these terms,
and that HPA is entitled to obtain
injunctive relief against any such transmission
(in addition to all other remedies available at
law or in equity). HPA reserves the right
to block, filter or delete unsolicited E-mail.
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You
agree to indemnify and hold HPA, and its
subsidiaries, affiliates, officers, agents,
co-branders, alliance members, or other partners,
and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any
third party due to or arising out of your content,
your use of the services, including any use by
your employees (including as described in Section
3.1), your connection to the services, your
violation of the terms, or your violation of any
rights of another.
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HPA
may send notices to you via either E-mail or
regular mail. The services may also provide
notices of changes to the terms or other matters
by displaying notices or links to notices to you
generally on the services. HPA reserves
the right at any time and from time to time to
modify or discontinue, temporarily or permanently,
the services (or any part thereof) with or without
notice. HPA may make changes to the
on-line HPA resources, including
regarding products, services, programs, and
prices, at any time without notice. HPA,
in its sole discretion, may terminate your
password, HPA account(s), on-line
resources, use of the services or use of any other
HPA service, and remove and discard any
content within the services, for any reason,
including, without limitation, for lack of use or
if HPA believes that you have violated or
acted inconsistently with the letter or spirit of
the terms. Any termination of your access to the
services under any provision of the terms may be
effected without prior notice, and HPA
may immediately de-activate or delete your
HPA account(s) or on-line resources and
all related information and files in your
HPA account(s) or on-line resources
and/or bar any further access to such files or the
services. Further, HPA will not be liable
to you or any third-party for any termination,
modification, or suspension of the service.
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HPA
runs advertisements and promotions from third
parties on the services, HPA and
HPA's other internet properties. The
manner, mode and extent of advertising by
HPA on your HPA account(s) or
HPA on-line resources is subject to
change. Your correspondence or business dealings
with, or participation in promotions of,
advertisers other than HPA found on or
through the services, including payment and
delivery of related goods or services, and any
other terms, conditions, warranties or
representations associated with such dealings, are
solely between you and such advertiser.
HPA is not responsible or liable for any
loss or damage of any sort incurred as the result
of any such dealings or as the result of the
presence of such non-HPA advertisers on
the service.
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11.1
The services may provide, or third parties may
provide, links to other internet sites or
resources. Because HPA has no control
over such sites and resources, you acknowledge and
agree that HPA is not responsible for the
availability of such external sites or resources,
and does not endorse and is not responsible or
liable for any content, advertising, products, or
other materials on or available from such sites or
resources. HPA will 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.
11.2
This web site may be linked to other web sites
which are not under the control of and are not
maintained by HPA. HPA is not
responsible for the content of those sites.
HPA is providing these links to you only
as a convenience, and the inclusion of any link to
such sites does not imply endorsement by
HPA of those sites.
11.3
Reuters, UPI, Isyndicate, Weather.com and other
provider content on HPA is the
intellectual property of the respective companies.
Any copying, republication or redistribution of
third party content, including by caching,
framing, or similar means, is expressly prohibited
without the prior written consent of the provider.
Data is provided for information purposes only,
and is not intended for trading purposes. Third
party providers shall not be liable for any errors
or delays in content, or for any actions taken in
reliance thereon.
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12.1
The services and any software used in connection
with the services ("software") contain
proprietary and confidential information that is
protected by applicable intellectual property and
other laws. Content contained in third-party
advertisements or information presented to you
through the services or advertisers is protected
by copyrights, trademarks, service marks, patents,
publicity rights, or other proprietary rights and
laws. Except as expressly authorized by
HPA or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or
create derivative works based on the services or
the software, in whole or in part.
12.2
You may use the software and related services only
subject to the agreement or license that
accompanies such software or services. You may use
services only during their specified term, for the
enumerated number of times, for the specified
number of individuals, or as otherwise limited in
the applicable agreement or license. Services
involving an update, version release, product
release, maintenance release, patch or derivative
work of a licensed software or Service may be used
only: (a) on systems for which such software or
Service were specifically licensed; and (b)
subject to the license and warranty term governing
the original product or Service. Services provided
as an element of HPA support, consulting
or educational services, also are governed by the
terms of the applicable support, consulting or
educational services agreement.
12.3
You must not modify, decompile, or reverse
engineer any software HPA discloses to
you, and must not remove, overprint, or deface any
notice of copyright, trademark, logo, legend, or
other notice of ownership from any originals or
copies of software or Information from the
services.
12.4
"HPA Trademarks" means all
names, marks, brands, logos, designs, trade dress
and other designations HPA uses in
connection with Products or services. Customer may
refer to Products and services by the associated
HPA Trademarks, provided that such
reference is truthful and not misleading and
complies with the then current HPA
Trademark and Logo Policies. Customer may not
remove or alter any HPA Trademarks, nor
may it co-logo Products or material associated
with customer's services. Customer acknowledges
HPA's rights in HPA Trademarks
and agrees that any and all use of HPA
Trademarks by Customer shall inure to the sole
benefit of HPA. Customer agrees not to
incorporate any HPA Trademarks into
customer's trademarks, service marks, company
names, internet addresses, domain names, or any
other similar designations.
12.5
HPA is committed to respecting others'
intellectual property rights, and we ask our users
to do the same. HPA may, in its sole
discretion, terminate the accounts or access
rights of users who infringe or otherwise violate
others' intellectual property rights. If you
believe that your work has been copied in a way
that constitutes copyright infringement on our Web
site, please contact our copyright agent as
described in our copyright policy.
12.6
All content provided on this Web site is provided
by or to HPA by its respective
manufacturers, authors, developers, alliance
members, and vendors (the "Third Party
Providers") and is the copyrighted work of
HPA and/or the Third Party Providers.
Except as stated herein, none of the content may
be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in
any form or by any means, including, but not
limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior express
written permission of HPA or the Third
Party Provider. No part of the Web site, including
logos, graphics, sounds or images, may be
reproduced or retransmitted in any way, or by any
means, without the prior express written
permission of HPA. You also may not,
without HPA's prior express written
permission, "mirror" any content
contained on this Web site on any other server.
12.7
Nothing on this Web site shall be construed as
conferring any license under any of HPA's
or any Third Party Provider's intellectual
property rights, whether by estoppel, implication,
or otherwise. You acknowledge sole responsibility
for obtaining any such licenses.
12.8
Permission is granted to display, copy, distribute
and download HPA's content on this Web
site provided that:
- (1)
both the copyright notice identified below and
this permission notice appear in the content,
- (2)
the use of such content is solely for
personal, non-commercial and informational use
and will not be copied or posted on any
networked computer or broadcast in any media,
except as explicitly permitted by valid
license covering such materials, and
- (3)
no modifications of any of the content are
made. This permission terminates automatically
without notice if you breach any of these
terms or conditions. Upon termination, you
must immediately destroy any downloaded and
printed content.
12.9
Any unauthorized use of any content contained on
this Web site may violate copyright laws,
trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
12.10
Content provided by Third Party Providers has not
been independently authenticated in whole or in
part by HPA. HPA does not
provide, sell, license, or lease any of the
content other than those specifically identified
as being provided by HPA.
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13.1
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE
SERVICES AND INFORMATION (AS DEFINED IN SECTIONS
1.2 AND 3.1) ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. UNLESS
OTHERWISE EXPLICITLY STATED, THE CONTENT ON
HPA WEB SITES IS PROVIDED "AS
IS", "WITH ALL FAULTS," IS
EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY.
HPA DISCLAIMS ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY
KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. HPA MAKES NO
REPRESENTATIONS, WARRANTIES, CONDITIONS OR
GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH,
ACCURACY OR COMPLETENESS OF ANY OF THE CONTENT
CONTAINED ON HPA WEB SITES. HPA
MAY MAKE AVAILABLE ON HPA WEB SITES
CONTENT AVAILABLE FOR DOWNLOADING WHICH HAS BEEN
SUBMITTED BY THIRD-PARTY USERS OF HPA WEB
SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD
BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN
NO EVENT WILL HPA OR ITS ALLIANCE MEMBERS
OR SUPPLIERS BE LIABLE FOR THE ACCURACY OR
COMPLETENESS OF THE CONTENT OR INFORMATION FROM
HPA WEB SITES.
13.2
HPA MAKES NO WARRANTY OR CONDITION THAT:
(i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES
WILL MEET YOUR EXPECTATIONS, OR THAT (v) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
13.3
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL, INCLUDING ANY DAMAGES RESULTING
FROM COMPUTER VIRUSES.
13.4
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM HPA OR THROUGH OR
FROM THE SERVICES WILL CREATE ANY WARRANTY OR
CONDITION NOT EXPRESSLY STATED IN THE TERMS.
HPA'S EMPLOYEES ARE NOT AUTHORIZED TO
VARY THESE TERM.
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14.1
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW,
HPA IS NOT LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED
ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF
HPA HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY, WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR
RELATED TO: (i) THE USE OF OR THE INABILITY TO USE
THE SERVICES; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICES AND
HPA; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD,
USE, MODIFY OR DISTRIBUTE FROM HPA WEB
SITES.
14.2
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE
PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE WEB SITE AND WILL NOT
MAKE A CLAIM AGAINST HPA FOR LOST DATA,
RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR
LOST PROFITS RESULTING FROM THE USE OF THE
CONTENT.
14.3
YOU AGREE TO HOLD HPA HARMLESS FROM, AND
YOU COVENANT NOT TO SUE HPA FOR, ANY
CLAIMS BASED ON USING THE WEB SITE, WHETHER IN
CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE. Some
jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply
to You.
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HPA
respect your desire for privacy. The
HPA Privacy Policy can be accessed by Clicking Here.
By using the HPA Web site, you are
consenting to the processing of your data by
HPA consenting to the terms of the
HPA Privacy Policy. If we decide to
change that policy, we will post the revised
policy prominently on the HPA Web site or
otherwise bring it to your attention, so that you
are always aware of what we do with your
information.
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16.1
The terms constitute the entire agreement between
you and HPA and govern your use of the
services, superseding any prior agreements between
you and HPA (including, but not limited
to, any prior versions of the terms). You also may
be subject to additional terms and conditions that
may apply when you use other HPA
services, third-party content or third-party
software. You must not assign or otherwise
transfer the terms nor any right granted
hereunder. Sections 3, 4, 8, 12, 13, 14 and 16
survive termination of the terms.
16.2
Georgia law and controlling U.S. federal law
govern any action related to the terms. No choice
of law rules of any jurisdiction apply. The
parties specifically disclaim the U.N. Convention
on Contracts for the International Sale of Goods.
You and HPA agree to submit to the
personal and exclusive jurisdiction of the courts
located within the county of Fulton, Georgia.
16.3
HPA controls and operates this Web site
in various locations in the United States of
America and makes no representation that this
content is appropriate or available for use in
other locations. If you use this Web site from
other locations, you are responsible for
compliance with applicable local laws including
but not limited to the export and import
regulations of other countries.
16.4
You acknowledge and agree that content is subject
to the U.S. Export Administration Laws and
Regulations. Diversion of such content contrary to
U.S. law is prohibited. You agree that none of the
content, nor any direct product therefrom, is
being or will be acquired for, shipped,
transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries
or their nationals, nor be used for nuclear
activities, chemical biological weapons, or
missile projects unless authorized by the U.S.
Government. Proscribed countries are set forth in
the U.S. Export Administration Regulations.
Countries subject to U.S. embargo are: Cuba, Iran,
Iraq, Libya, North Korea, Syria, Serbia, and the
Sudan. This list is subject to change without
further notice from HPA, and you must
comply with the list as it exists in fact. You
certify that you are not on the U.S. Department of
Commerce's Denied Persons List or affiliated lists
or on the U.S. Department of Treasury's Specially
Designated Nationals List. You agree to comply
strictly with all U.S. export laws and assume sole
responsibility for obtaining licenses to export or
re-export as may be required.
16.5
This Web site could include inaccuracies or
typographical errors. HPA and the Third
Party Providers may make improvements and/or
changes in the products, services, programs, and
prices described in this Web site at any time
without notice. Changes are periodically made to
the Web site. HPA may amend these terms
at any time by posting the amended terms on this
site. If you are a registered user of
HPA, HPA will notify you of
changes to these terms when you log-in after such
changes have been made, thus giving you an
opportunity to review the terms.
16.6
The failure of HPA to exercise or enforce
any right or provision of the terms does not
constitute a waiver of such right or provision. If
a court of competent jurisdiction finds any
provision of the terms to be invalid, the parties
nevertheless agree that the court should endeavor
to give effect to the parties' intentions as
reflected in the provision, and the other
provisions of the terms remain in full force and
effect. Regardless of any statute or law to the
contrary, any claim or cause of action arising out
of or related to use of the services or the terms
must be filed within one (1) year after such claim
or cause of action arose or be forever barred. The
section titles in the terms are for convenience
only and have no legal or contractual effect.
16.7
These terms represent the entire understanding
relating to the use of the Web site and prevail
over any prior or contemporaneous, conflicting, or
additional, communication.
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When
referring to HPA's trademarks, please
follow the HPA Trademark and URL link on
the first page of the HPA web site at
www.homepartners.com
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Web
sites use cookies to simulate a continuous
connection to that site. This makes it more
convenient for users by allowing them to visit
pages within a site without having to reintroduce
themselves with each mouse click. Contrary to
popular fears and misconceptions, cookies were not
created spy on or otherwise invade the privacy of
internet users. Cookies contain only information
that users volunteer, and they do not have the
capability of infiltrating a user's hard drive and
sneaking away with personal information. The
simple function of a cookie is to help the user
navigate a web site with as little obstruction as
possible.
Cookies
are small data structures used by a web site
(server) to deliver data to a web client (user);
request that the client store the information; and
in certain circumstances, return the to the web
site. Web sites can thus "remember"
information about users to facilitate their
preferences for a particular site and allow the
use of user passwords. The web site may deliver
one or more cookies to the client. The client
stores cookie data in one or more flat files on
its local hard drive.
Cookies
allow web sites to maintain user information
across HTTP connections. The current HTTP protocol
is "stateless," meaning that the server
does not store any information about a particular
HTTP transaction; each connection is
"fresh" and has no knowledge of any
other HTTP transaction. "State"
information is information about a communication
between a user and a server, similar in many ways
to frequent flier profiles or option settings in
desktop software. (For example, a preference for
aisle or window seats is cookie-like information
that a frequent-flier program might store about
its customers.) In some cases it is useful to
maintain state information about the user across
HTTP transactions.
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The
software and documentation available on this web
site are "commercial items," as that
term is defined in 48 C.F.R. 2.101 (October 1995),
consisting of "commercial computer
software" and "commercial computer
software documentation," as such terms are
used in 48 C.F.R. 12.212 (September 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all
U.S. government end users acquire the software and
documentation with only those rights set forth
herein.
Copyright
© 2001 Home Partners Associates Inc. All rights
reserved. Terms of Use. Privacy
Policy.
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