Terms and Conditions
1. ACCEPTANCE OF TERMS
By accessing or using the website located at [Your Website URL] (the “Website”), you agree to be bound by these Terms and Conditions (the “Agreement”). If you do not agree to these Terms, you may not access or use the Website.
2. CHANGES TO TERMS
Homeward Partners reserves the right to change these Terms at any time. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.
3. USE OF WEBSITE
You agree to use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
4. USER ACCOUNTS
To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5. INTELLECTUAL PROPERTY
The content on the Website, including text, graphics, logos, and software, is the property of Homeward Partners or its licensors and is protected by copyright, trademark, and other intellectual property laws.
6. REPRESENTATIONS, WARRANTIES AND LIMITATION OF LIABILITY
6.1. General Disclaimer and Limited Warranty
You acknowledge that certain aspects of the Information and/or Vendor Information and links provided through the Website are compiled from sources which may be beyond the control of Homeward Partners. Though such Information and links are recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur. Homeward Partners, its licensors, and Vendors do not warrant the accuracy or suitability of any such Information. Neither Homeward Partners nor its licensors or Vendors represent or endorse the accuracy or reliability of the Information distributed through the Service.
FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS WITH ALL FAULTS BASIS.” Homeward Partners AND ITS LICENSORS AND VENDORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING. FURTHER, Homeward Partners AND ITS LICENSORS AND VENDORS NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.
6.2. You assume all risk of errors and/or omissions in the Website
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website, including the Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under this Agreement.
6.3. Viruses
YOU ACKNOWLEDGE AND AGREE THAT Homeward Partners USES REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THE WEBSITE OR THE INFORMATION. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND THEREBY HOLD Homeward Partners HARMLESS), BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.
6.4. LIMITATION OF LIABILITY
YOU AGREE THAT Homeward Partners AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATIONS OF LIABILITIES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO TEN (10%) PERCENT OF THE SUMS PAID TO Homeward Partners BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY EVEN IF Homeward Partners OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
6.5. FTC NOTICE
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
7. INDEMNIFICATION
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH, DEFEND INDEMNIFY AND HOLD HARMLESS Homeward Partners AND ITS AFFILIATES, SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS, AND CONTRACTORS OF WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING FROM, IN CONNECTION WITH, OR RELATING TO, YOUR ACCESS AND USE OF THE WEBSITE, INCLUDING YOUR USE OF THE INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.
8. PRIVACY POLICIES
These Terms of Use include our Privacy Policy as contained on our website, which is incorporated fully herein.
9. UNSOLICITED MARKETING
9.1. Unsolicited Marketing
Homeward Partners supports responsible e-commerce. Homeward Partners does not authorize anyone to use the Service to broadcast, distribute, transmit or retransmit unsolicited commercial, non-commercial, bulk, or junk electronic mail, including email (“SPAM”).
9.2. Electronic Direct Marketing Programs
Homeward Partners may develop and participate in electronic direct marketing to users of the Website who elect to receive electronic mail of specific interest to them. In keeping with this Agreement, Homeward Partners does not forward the names and addresses (electronic or otherwise) to third parties. Advertisers who participate in Homeward Partners’ electronic direct marketing programs identify the category of users who would most likely be interested in their goods and services. Homeward Partners then forwards the advertisements to users who have elected to receive that category of electronic mail. Users may elect to not receive similar electronic mail by requesting that their e-mail address be removed from the mailing list by selecting the appropriate option included with each e-mail advertisement sent by Homeward Partners. In addition, users may elect to be removed from such lists at any time by sending a message to the System administrator at webmaster@homewardpartners.com.
9.3. Reporting SPAM
Users who receive SPAM or any threatening or offensive e-mail through the Services may report it to Homeward Partners by forwarding the unedited message with the full message header to webmaster@homewardpartners.com.
9.4. Reservation of Rights
Homeward Partners reserves the right to take all legal or technical steps that it deems necessary to prevent the broadcast, distribution, transmission, or retransmission over the Service of SPAM, junk e-mail, threatening or offensive e-mail, or e-mail otherwise determined by Homeward Partners, in its sole discretion, to be objectionable. Homeward Partners reserves the right to suspend or terminate any person or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. A failure of Homeward Partners to exercise any right provided for herein shall not be deemed to be a waiver of such right.
10. MISCELLANEOUS
10.1. Governing Law; Limitations; Venue
The laws of the State of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern this Agreement. To the fullest extent permitted by law, you agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts of the State of Texas, or in the United States District Court for the Northern District of Texas, and you hereby consent to the jurisdiction of such courts.
10.2. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.3. Waiver
The failure of Homeward Partners to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
10.4. Entire Agreement
This Agreement constitutes the entire agreement between you and Homeward Partners regarding your use of the Website and supersedes any prior agreements.
11. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at: support@homewardpartners.com.
