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HandsOn Connect TERMS OF USE

HandsOn Network ("HON", "we" or "our") provides HandsOn Connect (the "Service"), located at www.HandsOnConnect.org (the "Site"), to all Volunteer Centers, non-profit organizations, governmental agencies, private businesses, volunteers or visitors to the Site (collectively referred to as "Authorized Users," and each is inpidually an "Authorized User"), exclusively under the following terms of service and use (the "Terms"). By using the Service, Authorized User states that he or she has read and understands the Terms and agrees to be bound by them. We reserve the right to terminate an Authorized User's account or use of the Service at any time, for any reason, including without limitation, if we learn that Authorized User has violated these Terms. Capitalized terms used, but not defined, are used as defined in the Privacy Policy or Service Provider Agreement.

A. YOUR RESPONSIBILITIES

Authorized User agrees not to reproduce, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Service or the Site. Without our written permission, Authorized User may not: (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail, (b) access the Service using any high volume or automated means, (c) place pop-up windows over its pages, or otherwise affect the display of its pages or (d) access the Site or the Service in any manner that violates our Privacy Policy. All information that Authorized User provides to us shall be true, accurate and current.

Authorized User agrees not to use the Service to: (a) violate any local, state, national or international law, (b) impersonate any person or entity, or otherwise misrepresent Authorized User's affiliation with a person or entity, (c) stalk, harass or harm another inpidual, (d) promote or glorify hatred, violence or racial intolerance, (e) collect or store personal data about other Authorized Users or (f) disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Service, or interfere with or disrupt the Service, the Site or servers or networks connected to the Service or the Site.

B. PRIVACY

Authorized User will be requested to provide specific personal data to us, as described in the Privacy Policy ("Personal Data"). All uses of Authorized User's Personal Data will be treated according to our Privacy Policy. By using the Site and the Service, Authorized User is accepting the terms and conditions of our Privacy Policy. If Authorized User objects to having his, her or its information used as described in the Privacy Policy, Authorized User's sole recourse is to discontinue using the Site and the Service.

C. DATA SECURITY AND MONITORING

Data are supplied by Authorized Users and may include, but are not limited to, volunteer opportunity descriptions, organizations' contact information and news. Accordingly, we have no editorial control over such data. Any data, services, offers, or other information provided by Authorized Users are those of the respective Authorized Users and not HandsOn Connect. We do not endorse, nor are we responsible for investigating or ensuring the accuracy of, any such data, and we retain the right to modify, update, designate as inactive, or remove any data at any time. We have the right, but not the obligation, to monitor and review the data and Authorized Users' accounts to determine compliance with these Terms, laws, or regulations.

D. AUTHORIZED USER DATA; LICENSE; REPRESENTATION AND WARRANTY

Authorized User is responsible for data provided to us for inclusion on the Site and as part of the Service. HandsOn Connect acts as a passive distributor of Authorized User's data. However, if we believe Authorized User's data may create a liability for us, we reserve the right to remove Authorized User's data. Authorized User warrants that his, her or its data or use of the Site and the Service: (a) does not and will not contain unlawful, harmful, libelous, discriminatory, obscene or otherwise objectionable material of any kind; (b) encourage conduct that could violate any applicable national, state, or local laws, regulations, ordinances, or codes, or that could constitute a criminal offense or give rise to civil liability or (c) does not and will not violate any right of privacy (including the terms of our Privacy Policy). Authorized User represents and warrants that he, she or it will not knowingly transmit computer viruses, worms, harmful program routines or use the Site or the Service to access without authorization any other computer or machine.

Authorized User grants to HandsOn Connect a worldwide, perpetual, irrevocable, non-transferable, royalty-free license to use, reproduce, create derivative works of, sub-license and exercise all rights with respect to Authorized User's data in any media format for data that Authorized User has submitted to HandsOn Connect.

E. DEALINGS WITH OTHER AUTHORIZED USERS, SPONSORS AND ADVERTISERS

Authorized User agrees that HandsOn Connect will not be responsible or liable for any loss or damage incurred as a result of any interaction or relationship with other Authorized Users, sponsors, or advertisers, or as a result of such parties' access to and use of the Site or Service.

F. LINKS

Links provided to other locations or web sites are made available for Authorized User's convenience only and do not indicate our endorsement of such other location or site or its data. We do not review or control, and are not responsible for any web sites other than the Site or the Service (and in the case of the Site or the Service, only as provided for herein), or any data available on such other web sites or locations. We are not liable for any links, information, or applications found at any other web site, Internet location, or source of information, or for Authorized User's use of such information.

G. MODIFICATIONS TO THE SERVICE

We reserve the right to modify or discontinue the Service or the Site with or without notice to Authorized User. We are not liable to Authorized User or any third party should we exercise our right to modify or discontinue the Service or the Site. If Authorized User objects to any such changes, his, her or its sole recourse is to discontinue using the Service. Continued access and/or use of the Service or the Site following notice of any such changes shall indicate Authorized User's assent to and acceptance of such changes.

H. MODIFICATIONS TO TERMS

We may change the Terms from time to time. We will notify any affected Authorized User of any such changes by posting a notice of such changes on the Site or notifying any Authorized User via e-mail. If Authorized User objects to any such changes, his, her or its sole recourse shall be to cease using the Service and/or the Site. Continued access to and/or use of the Service and/or the Site following notice of such modifications or changes shall indicate Authorized User's assent to and acceptance of the Terms, including but not limited to all posted changes.

I. TERMINATION

Authorized User agrees that we, at our sole discretion, may terminate Authorized User's use of the Service and/or the Site without prior notice, and remove and discard Authorized User's data from the Site and the Service, for any reason, with or without prior notice, including, without limitation, if we believe that Authorized User has violated or acted inconsistently with these Terms or the Privacy Policy. Authorized User agrees that we shall not be liable to Authorized User or any third party for termination of Authorized User's access to the Site or the Service. Authorized User may discontinue his, her or its participation in and access to the Service at any time.

J. DISCLAIMER OF WARRANTIES

Authorized User expressly agrees that use of the Service and the Site is at Authorized User's own risk. The Site and the Service are provided on an "as available" and "as is" basis. HandsOn Connect expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular use or purpose and non-infringement with respect to the Service. HandsOn Connect makes no warranty that the Site or the Service will be error free or meet Authorized User's requirements, or that the Site or the Service will be uninterrupted, timely, or secure; nor does HandsOn Connect make any warranty as to the accuracy, or reliability of the results that may be obtained from or through the use of the Site or the Service, or that defects in the Site or the Service will be corrected. The entire risk as to satisfactory quality, accuracy, performance, and results to be obtained through the use of the Site or the Service is with Authorized User. No information or advice, whether oral or written, obtained by Authorized User from HandsOn Connect or through the Site or the Service shall create any warranty not expressly made herein. HandsOn Connect makes no warranty regarding any transactions or dealings entered into with any other parties through the Site or the Service. Authorized User understands and agrees that any information downloaded or otherwise obtained through the use of the Site or the Service is done at Authorized User's own discretion and risk, and that Authorized User will be solely responsible for any damage to his, her or its computer services or loss of data that results from the download of such information.

K. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HON OR HANDSON CONNECT, THEIR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, TRUSTEES, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM BREACH OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS (COLLECTIVELY, "DISCLAIMED DAMAGES").

L. INDEMNIFICATION

Authorized User agrees to indemnify and hold harmless HandsOn Connect, its affiliates and their respective directors, officers, trustees, employees, independent contractors and agents ("Indemnified Party") from and against any losses, liabilities, suits, claims, costs, and expenses (including reasonable attorney's fees) ("Loss") arising out of or relating to any claim, suit, judgment, or proceeding brought or asserted by any third party ("Claim") alleging any breach of such party's representations, warranties or covenants under this Agreement. Authorized User shall indemnify and hold harmless HandsOn Connect for any Loss arising out of or relating to (a) Authorized User's violation of these Terms or the rights of any other Authorized User, (b) Authorized User's use of the Site or the Service, (c) any information submitted or transmitted through the Site or Service or (d) the transmission of computer viruses, worms, harmful program routines or other similar items into the Site or the Service, or using the Site or the Service to access without authorization any other computer or machine. The Indemnified Party shall notify the Indemnifying Party of any such claim of which it becomes aware and shall: (x) at Indemnifying Party's expense, provide reasonable cooperation to Indemnifying Party in connection with the defense or settlement of any such claim and (y) be entitled to participate in the defense of any such claim at its own expense with counsel of its own choosing.

M. Proprietary Rights.

All copyright and trade secret rights in and to the Site, the Service and the data used therein are and shall be the exclusive property of HandsOn Connect. To the extent, if any, that Authorized User has any rights in or to the Site or the Service, Authorized User hereby irrevocably assigns to HandsOn Connect, and agrees that HandsOn Connect shall be the sole and exclusive owner of, all right, title and interest in and to the Site and the Service, including without limitation all copyright, trade secret and other proprietary rights therein that may be secured in any place under laws now or hereafter in effect.

N. TRADEMARKS

Names, logos, and other materials displayed on the Site and in the Service constitute trade names, logos, trademarks, and service marks ("Marks") are owned by or licensed to HandsOn Connect. Authorized User is not authorized to use these Trademarks without the prior written consent of HandsOn Connect. As between HandsOn Connect and Authorized User, HandsOn Connect and its licensors are and shall be the owner of all Marks and all goodwill associated with such Marks.

O. COPYRIGHTS and USE RESTRICTIONS

The data included as part of the Service, including without limitation, text, databases, software, code, and graphics, is (a) copyrighted by HandsOn Connect under United States copyright laws, (b) subject to other intellectual property laws, and (iii) owned by HandsOn Connect. Such data may not be copied, reproduced, modified, posted, transmitted, republished, sold, or redistributed in any way without our express prior written consent. Authorized User must abide by all copyright notices, information, or restrictions contained in or linked to any data described herein.

P. MISCELLANEOUS

Modifications to any member agreements and any policies, including this Agreement, will be e-mailed to Authorized User and/or prominently posted and available for Authorized User to view at any time on the Site. Authorized User's continued access to and/or use of the Site will constitute Authorized User's complete assent to and acceptance of all such amended terms. These Terms contain the entire terms between the parties. In the event, any provision of these Terms is held to be illegal, invalid or unenforceable, then such provision shall be severed from these Terms while the remaining terms shall remain binding on the parties hereto. The section titles in these Terms are for convenience only and have no contractual or legal effect. These Terms shall be governed by the laws of the District of Columbia, without regard to its conflicts of law provisions. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Authorized User agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Authorized User arising out of or related to the use of the Service or the Site, or specified in these Terms, must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.


 

HandsOn Miami Terms of Use

 

INTRODUCTION; YOUR AGREEMENT TO THESE TERMS OF USE.

Welcome to the Web site of HandsOn Miami (“HOM”), an affiliate of the HandsOn Network. Your use of the HOM Web site, including any of its services (collectively, the “Site”) is subject to these Terms of Use. By access or using the Site, you enter into a legal contract between you, a member or user of at least 18 years of age (“You”), and HOM regarding your use of the Site. Visitors and users of the Site are referred to inpidually as “User” and collectively as “Users”.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE TERMS OF USE, INCLUDING ANY ADDITIONAL GUIDELINES AND POLICIES REFERENCED IN THESE TERMS OF USE (COLLECTIVELY, THE “TERMS”).

TABLE OF CONTENTS

  1. Eligibility
  2. Privacy Policy
  3. Inpidual Features and Services
  4. Modification of these Terms
  5. User Postings License Grant; Representations and Warranties
  6. Digital Millennium Copyright Act
  7. Prohibited Conduct
  8. Account
  9. Third-Party Sites, Products and Services; Links
  10. Donations
  11. Termination; Terms of Use Violations
  12. Ownership; Proprietary Rights
  13. Indemnification
  14. Disclaimers; No Warranties
  15. Limitation of Liability and Damages
  16. Miscellaneous

1. Eligibility. Children under the age of 13 may not register with HOM or use the site.

Privacy Policy. Your privacy is important to HOM. HOM's Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information relating to HOM’s collection, use, and disclosure of your personal information.

3. Inpidual Features and Services. When using the Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.

4. Modification of these Terms. HOM reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

5. User Postings License Grant; Representations and Warranties

5.1 User Postings Generally. HOM may now or in the future permit the posting by You and other Users of notes, written works, images and videos or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, HOM does not guarantee any confidentiality with respect to any submissions.

5.2 Limited License Grant to HOM. By User Postings on or through the Site, You hereby grant to HOM a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

5.3 User Postings Representations and Warranties. You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize HOM and HOM’s Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by HOM and these Terms of Use; (2) your User Postings do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of third-party rights may be subject to criminal and civil liability. HOM reserves all rights and remedies against any User who violates these Terms of use.

5.4 User Postings Disclaimer. You understand that when using the Site You will be exposed to User Postings from a variety of sources, and that HOM is not responsible for the content of such User Postings (including, without limitation, the accuracy, usefulness, or intellectual property rights of or relating to such User Postings). You further understand and acknowledge that You may be exposed to User Postings that are inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against HOM with respect thereto. HOM does not endorse or adopt any User Postings or any opinion, recommendation or advice expressed therein, and HOM expressly disclaims any and all liability in connection with User Postings. If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Use, HOM may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. For clarity, HOM does not permit copyright infringing activities on the Site.

6. Digital Millennium Copyright Act. It is HOM’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to HOM’s DMCA Notification Guidelines. HOM will promptly terminate without notice any access to the Site if You are determined by HOM to be a “repeat infringer.” A repeat infringer is a User who has been notified by HOM of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from the Site more than twice.

7. Prohibited Conduct.

BY USING THE SITE, YOU AGREE NOT TO:

7.1 use the Site for any purposes other than to access the Site for the purposes for which it is offered by HOM

7.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);

7.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;

7.4 post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

7.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

7.6 delete the copyright or other proprietary rights on the Site or User Postings;

7.7 make unsolicited offers, advertisements, proposals, or send any unsolicited communications to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

7.8 use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

7.9 defame, harass, abuse, threaten or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the Site for any commercial use, it being understood that the Site is for personal, non-commercial use only;

7.10 use the Site if You are under the age of 13 years old;

7.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Postings, features that prevent or restrict use or copying of any content accessible through the Site, or features that seek to impose or enforce limitations on the use of the Site or User Postings;

7.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

7.13 modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or

7.14 intentionally or knowingly interfere with or damage operation of the Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

8. Account.

If You register for an account on the Site, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to HOM during registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify HOM. You may be liable for the losses incurred by HOM or others due to any unauthorized use of your Site account.

9. Third-Party Sites, Products and Services; Links.

The Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). HOM does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites, is solely at your own risk. We ARE NOT responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through ANY REFERENCE SITES.

10. Donations Third-Party Sites, Products and Services; Links.

Upon User’s donation through a third-party vendor (such as Network for Good), the User will receive an email acknowledgement of the amount of the User’s donation directly from the third-party vendor. HOM will mail a written acknowledgement of the donation when a postal mailing address is provided in the online donation information.

11. Termination; Terms of Use Violation

11.1 HOM. You agree that HOM, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with HOM or your use of the Site and remove and discard all or any part of your account, User profile, and any User Posting, at any time. HOM may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account You may have or portion thereof may be effected without prior notice, and You agree that HOM will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies HOM may have at law or in equity. As discussed herein, HOM does not permit copyright infringing activities on the Site, and will terminate access to the Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.

11.2 You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) Guidelines, (iv) any policy or practice of HOM in operating the Site, or (v) any content or information transmitted through the Site, is to terminate these Terms of Use and your account. You may terminate these Terms of Use at any time by deleting your account with the Site and discontinuing use of any and all parts of the Site.

12. Ownership; Proprietary Rights Termination; Terms of Use Violation

The Site is owned and operated by HOM. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Site provided by HOM (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Postings that are provided and owned by Users, all Materials contained on the Site are the property of HOM or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to HOM or its affiliates and/or third-party licensors. Except as expressly authorized by HOM, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. HOM reserves all rights not expressly granted in these Terms of Use.

13. Indemnification

You agree to indemnify, save, and hold HOM, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. HOM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify HOM, and You agree to cooperate with HOM’s defense of these claims. HOM will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

14. Disclaimers; No Warranties.

14.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOM, and its affiliates, partners, LICENSORS and SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. No advice or information, whether oral or written, obtained by You from HOM or through the Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 14 the term HOM includes HOM’s officers, directors, employees, shareholders, agents, licensors and subcontractors.

14.2 “As is” and “As available” and “With All Faults”. You expressly agree that use of the Site is at your sole risk. THE Site AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, User Postings, reference sites, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Site ARE PROVIDED on an “AS IS” AND “AS AVAILABLE”, “with all faults” basis and WITHOUT WARRANTIES or representations OF ANY KIND EITHER EXPRESS OR IMPLIED.

14.3 Content. HOM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, User Postings, FUNCTIONS, or any other information OFFERED ON or through THE SITE or any reference sites WILL BE UNINTERRUPTED, or free of errors, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

14.4 Accuracy. HOM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE or any reference sites IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

14.5 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU use, access, DOWNLOAD, OR OTHERWISE OBTAIN information, materials, OR DATA THROUGH THE SITE AND any reference sites AT YOUR own DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (including your computer system) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD or use OF SUCH MATERIAL OR DATA.

15. Limitation of Liability and Damages.

15.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL HOM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY direct, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SITE or any reference sites, OR ANY OTHER INTERACTIONS WITH HOM, EVEN IF HOM OR AN HOM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HOM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

15.2 Reference Sites. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED on any reference sites or otherwise BY THIRD PARTIES OTHER THAN HOM AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY reference sites.

15.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT HOM HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOM. HOM would not be able to provide the Site to You on an economically reasonable basis without these limitations.

15.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

15.5 Consumer End Users (Outside of the USA). This Section 15.5 applies only to Users residing and using the Site outside of the United States. The limitations or exclusions of warranties and liability contained in these Terms of Use do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for solely personal use otherwise than in the course of business outside of the U.S.A. The limitations or exclusions of warranties, remedies or liability contained in these Terms of Use apply to You to only the extent such limitations or exclusions are permitted under the laws of the jurisdiction where You are located.

16. Miscellaneous

16.1 Notice. HOM may provide You with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless HOM is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.

16.2 Waiver. The failure of HOM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by HOM.

16.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law.

16.4 Arbitration. For Users residing outside the United States of America and using the Site in another territory, Section 16.5 (Jurisdiction) does not apply and this Section 16.4 applies to You. Any dispute or claim arising out of or in connection with these Terms or your use of the HOM Services shall be finally settled by binding arbitration in Miami-Dade County, Florida under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes.

16.5 Jurisdiction. For Users residing inside the United States of America and using the Site in the United States, Section 16.4 (Arbitration) does not apply and this Section 16.5 applies to You. You agree that any action at law or in equity arising out of or relating to these Terms or HOM will be filed only in the state or federal courts in and for Miami-Dade County, Florida, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

16.6 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

16.7 Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by HOM without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.

16.8 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 5 through 16.

16.9 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

16.10 Entire Agreement. These Terms, the Privacy Policy and Guidelines constitute the entire agreement between You and HOM relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms, Privacy Policy or Guidelines made by HOM as set forth in Section 4 above.

16.11 Claims. YOU AND HOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.12 Disclosures. The services hereunder are offered by HandsOn Miami, 2103 Coral Way, Suite 202, Miami, FL 33145. If You are a Florida resident, you may have this same information emailed to You by sending a letter to the foregoing address with your email address and a request for this information.

 

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