NeighborWorks® Home Resources Online Terms Of Service
1. ACCEPTANCE OF TERMS
NeighborWorks® Home Resources welcomes you. NeighborWorks® Home
Resources provides its service to you subject to the following Terms
of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version
of the TOS at any time at: www.nwhomeresources.org . In
addition, when using particular NeighborWorks® Home Resources
owned or operated services, you and NeighborWorks® Home Resources
shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines
or rules (including but not limited to our Spam policy) are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
NeighborWorks® Home Resources provides users with access to
a rich collection of resources, including various communications
tools, forums, search services, personalized content and branded
programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed
(the "Service").
You also understand and agree that the Service may include certain
communications from NeighborWorks® Home Resources, such as service
announcements, administrative messages and the NeighborWorks® Home
Resources Newsletter, and that these communications are considered
part of NeighborWorks® Home Resources and you will be able to opt
out of receiving them. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service, including the
release of new NeighborWorks® Home Resources properties, shall
be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that NeighborWorks® Home Resources
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that
access may involve third-party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a
person barred from receiving services under the laws of the United
States or other applicable jurisdiction. You also agree to: (a)
provide true, accurate, current and complete information about
yourself as prompted by the application forms and (b) maintain and promptly
update the application data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or NeighborWorks® Home Resources has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, NeighborWorks® Home Resources has the
right to suspend or terminate your account and refuse any and all
current or future use of the Service (or any portion thereof). NeighborWorks®
Home Resources is concerned about the safety and privacy of all its
users, particularly children. Please remember that the Service is
designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the
Service areas and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. NEIGHBORWORKS® HOME RESOURCES PRIVACY POLICY
Application Data and certain other information about you
is subject to our Privacy Policy. For more information, see our
full privacy policy at http://www.nwhomeresources.org/,
or contact us at Neighborworks® Home Resources at 209 North Union
Street, Olean NY 14760 or call 716-373-4100 for a hard copy. You
understand that through your use of the Service you consent to the
collection and use (as set forth in the Privacy Policy) of this information,
including the transfer of this information to the United States and/or
other countries for storage, processing and use by NeighborWorks®
Home Resources and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify NeighborWorks® Home Resources of
any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the
end of each session. NeighborWorks® Home Resources cannot and will
not be liable for any loss or damage arising from your failure to
comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, 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 NeighborWorks® Home Resources,
are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. NeighborWorks®
Home Resources does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will NeighborWorks® Home Resources be liable
in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted
or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not
limited to, a NeighborWorks® Home Resources official,
forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted
through the Service;
- upload, post, email, transmit or otherwise make available
any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights")
of any party;
- upload, post, email, transmit or otherwise make available
any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other
form of solicitation.
- upload, post, email, transmit or otherwise make available
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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected
to the Service;
- intentionally or unintentionally violate any applicable
local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having
the force of law;
- provide material support or resources (or to conceal
or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s)
designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the
Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection
with the prohibited conduct and activities set forth
in paragraphs a through m above.
You acknowledge that NeighborWorks® Home Resources may or may
not pre-screen Content, but that NeighborWorks® Home Resources
and its designees shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move any Content
that is available via the Service. Without limiting the foregoing,
NeighborWorks® Home Resources and its designees shall have
the right to remove any Content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by NeighborWorks® Home Resources or
submitted to NeighborWorks® Home Resources, including without
limitation information in NeighborWorks® Home Resources website
and in all other parts of the Service.
You acknowledge, consent and agree that NeighborWorks® Home
Resources may access, preserve and disclose your account information
and Content if required to do so by law or in a good faith belief
that such access preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third parties;
(d) respond to your requests for customer service; or (e) protect
the rights, property or personal safety of NeighborWorks® Home
Resources, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
You understand that the Service and software embodied within
the Service may include security components that permit digital
materials to be protected, and that use of these materials is
subject to usage rules set by NeighborWorks® Home Resources
and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage
rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly
prohibited.
10. INDEMNITY
You agree to indemnify and hold NeighborWorks® Home Resources
and its subsidiaries, affiliates, officers, agents, employees,
partners and licensors harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post, transmit or otherwise
make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NeighborWorks® Home Resources may establish
general practices and limits concerning use of the Service, including
without limitation the maximum number of days that accounts will
be open, email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of
email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may
be sent from or received by an account on the Service, the maximum
disk space that will be allotted on NeighborWorks® Home Resource’s
servers on your behalf, and the maximum number of times (and
the maximum duration for which) you may access the Service in
a given period of time. You agree that NeighborWorks® Home
Resources has no responsibility or liability for the deletion
or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that NeighborWorks® Home Resources reserves the right to log
off accounts that are inactive for an extended period of time.
You further acknowledge that NeighborWorks® Home Resources
reserves the right to modify these general practices and limits
from time to time.
13. MODIFICATIONS TO SERVICE
NeighborWorks® Home Resources reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice. You agree that NeighborWorks® Home Resources shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
14. TERMINATION
You agree that NeighborWorks® Home Resources may, under
certain circumstances and without prior notice, immediately
terminate your NeighborWorks® Home Resources account, and access
to the Service. Cause for such termination shall include, but
not be limited to, (a) breaches or violations of the TOS or other
incorporated agreements or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical
or security issues or problems, (f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities. Termination
of your NeighborWorks® Home Resources account includes (a)
removal of access to all offerings within the Service, including
but not limited to (a) deletion of your password and all related
information, files and content associated with or inside your
account (or any part thereof), and (b) barring of further use
of the Service. Further, you agree that all terminations for
cause shall be made in NeighborWorks® Home Resources's sole
discretion and that NeighborWorks® Home Resources shall not
be liable to you or any third party for any termination of your
account.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NEIGHBORWORKS® HOME RESOURCES
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NEIGHBORWORKS® HOME RESOURCES AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS;
AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM NEIGHBORWORKS® HOME RESOURCES OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON
A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS
MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN
IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.
IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,
CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY
DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES,
LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEIGHBORWORKS® HOME
RESOURCES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF NEIGHBORWORKS® HOME RESOURCES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request
any news, messages, alerts or other information from the Service
concerning other related companies, please read the above Sections
18 and 19 again. They go doubly for you. In addition, for this
type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational
purposes only. NeighborWorks® Home Resources and its licensors
shall not be responsible or liable for the accuracy, usefulness
or availability of any information transmitted or made available
via the Service, and shall not be responsible or liable for any
trading or investment decisions based on such information.
23. NOTICE
NeighborWorks® Home Resources may provide you with notices,
including those regarding changes to the TOS, by email, regular
mail or postings on the Service.
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement
between you and NeighborWorks® Home Resources and governs your
use of the Service, superseding any prior agreements between
you and NeighborWorks® Home Resources with respect to the Service.
You also may be subject to additional terms and conditions that
may apply when you use or purchase certain other NeighborWorks®
Home Resources services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. The TOS and the relationship
between you and NeighborWorks® Home Resources shall be governed
by the laws of the State of New York without regard to its conflict
of law provisions. You and NeighborWorks® Home Resources
agree to submit to the personal and exclusive jurisdiction of
the courts located within the County of Cattaraugus, New York.
Waiver and Severability of Terms. The failure of NeighborWorks®
Home Resources to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such right or provision.
If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the
TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You
agree that your NeighborWorks® Home Resources account is non-transferable
and any rights to your NeighborWorks® Home Resources ID or
contents within your account terminate upon your death. Upon
receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must
be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience only and have
no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to info@nwhomeresources.org
|