Homeownering Terms and Conditions of Use
Following are the terms and conditions that govern your use of www.homeownering.com (the “Web Site” or“Site”).
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND AMOEBIC, Inc (“HOMEOWNERING,” “WE” OR “OUR”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEB SITE. BY VIEWING THE INFORMATION FOUND WITHIN THIS SITE, ITS DIRECTLY AFFILIATED LINKS, SUB-SITES OR BY DOWNLOADING PDF’S, TEXT, IMAGES AND/OR OTHER DIGITAL MEDIA FROM THIS SITE OR ENTERING YOUR DATA INTO ANY FINANCIAL TOOL LOCATED ON THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT INDICATE AGREEMENT, AND DISCONTINUE USING THE WEB SITE.
Ownership and Intellectual Property Rights
This Web Site is owned and operated by HOMEOWNERING. All of the content featured or displayed on this Web Site, including, but not limited to the data entry layouts, financial tools, illustrations, graphics, and other media content (collectively, “Content”) is owned by HOMEOWNERING, its licensors and its Content providers.
All elements of the Web Site, including, but not limited to, the text, design, layout, financial tools, images, video, animation, graphics, and source code, is the property of HOMEOWNERING, unless otherwise indicated, and is protected by U.S. copyright laws and international treaties pertaining to trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
You are authorized to view the Content for your informational purposes only and may print or download copyrighted materials for your personal or internal business purposes only provided that any proprietary rights notices and any other marks, logos or other legends that appear on the copied or saved screens are not removed or obliterated. You do not acquire any ownership rights by downloading copyrighted Content. You may not copy, download, display, distribute, transfer, link to, sell, license, frame, create derivative works of or republish all or any portion of the Web Site for any commercial or public purpose without prior written consent of HOMEOWNERING.
Any unauthorized use of the logos, trademarks, or service marks of HOMEOWNERING or its affiliates inconsistent with HOMEOWNERING’s intellectual property rights or this Agreement, including use in any manner that is likely to cause confusion among clients and customers, is strictly prohibited.
This site may also contain logos, trademarks and service marks of third parties. You are not authorized to use such logos or marks without the third party’s consent.
HOMEOWNERING is a registered trademark of Nicole Hamilton Bernheimer.
THIS WEB SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND HOMEOWNERING EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. HOMEOWNERING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEB SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT HOMEOWNERING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE.
Except as specifically stated in this Agreement or elsewhere on this Web Site, or as otherwise required by applicable law, neither HOMEOWNERING nor its directors, employees, licensors, Content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Web Site or the Content whether or not we have been advised of the possibility of such damages. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by applicable jurisdictional provisions.
HOMEOWNERING uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
The Web Site may provide various financial tools and calculators. The information provided by these calculators is for illustrative purposes only. The results may vary from your actual loan, mortgage, investment, savings or insurance results. The calculated results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed
This Web Site is controlled, operated, and administered by HOMEOWNERING from its offices within the United States of America (“U.S.”). HOMEOWNERING makes no representation that this Web Site, or the services or materials available through it, are appropriate or available for use at locations outside the U.S., and access to this Web Site from territories where the Web Site or any of its services or materials are illegal is prohibited. If you access this Web Site from a location outside the U.S., you are responsible for compliance with all local laws.
You shall indemnify, defend, and hold HOMEOWNERING, its officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys’ fees), arising out of, based upon, or resulting from, any breach or violation by you of these Terms and Conditions of Use or any use by you of the Web Site or the services offered herein. HOMEOWNERING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without the prior written consent of HOMEOWNERING.
HOMEOWNERING assumes no responsibility for material created or published by third parties to which this site may have a link directly or via a spawned browser window. If you decide to visit any linked site you do so at your own risk and it is your responsibility to take all measures against viruses or other destructive elements. Links do not imply that HOMEOWNERING recommends or is affiliated with any entity whose products or services are described therein. You waive any and all claims against HOMEOWNERING and its directors, employees, affiliates or other representatives regarding the inclusion of links to outside web sites or your use of those web sites.
If you to open an HOMEOWNERING account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by HOMEOWNERING or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
You agree to implement appropriate security including without limitation, network and local firewalls, up-to-date virus protection and security patches for any operating system and application software you use in your computer systems and user identification and password controls to safeguard the internal control and confidentiality of forms, access methods, codes, data, user IDs, and passwords which HOMEOWNERING may establish from time to time. You agree that all such forms, access methods, codes, data, user IDs, and passwords used are commercially reasonable security measures to prevent unauthorized use of the Web Site and services, and you will keep these secured and confidential.
You agree not to take any action that interferes with the proper working of the Web Site; imposes an unreasonable or disproportionately large load on the Web Site infrastructure; might compromise the security of the Web Site; renders the Web Site or any Service inaccessible to others; or otherwise causes damage to the Web Site or any content.
You agree that you will not use the Web Site or any information or services related thereto for any unlawful purpose, including, but not limited to, unauthorized entry into HOMEOWNERING’s systems, misuse of passwords, or misuse of any information posted on the Web Site. HOMEOWNERING, in its sole discretion, shall determine whether any use violates this provision.
The information and results provided by the Web Site are for personal use only and you agree not to use such information for commercial or other business purpose.
You agree not use the Web Site in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. You agree not to use HOMEOWNERING as part of any use involving sensitive subject matter, as determined by HOMEOWNERING.
Web Site Monitoring
You acknowledge and agree that HOMEOWNERING has no obligation, but reserves the right, to monitor the Web Site including any and all information transmitted or received through the Web Site, from time-to-time for operational and other purposes, subject to the Privacy Statement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the Privacy Statement. HOMEOWNERING reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in HOMEOWNERING’s sole and absolute discretion are objectionable or violate this Agreement, law or regulation. Your use of the Web Site constitutes your consent to such monitoring, use and disclosure.
This Agreement shall be interpreted, construed and governed by the laws of the State of New York, United States of America without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the state courts of the State of New York and the federal court of the Southern District of New York, and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, HOMEOWNERING shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of HOMEOWNERING, such action is necessary or desirable.
No action of HOMEOWNERING, other than an express written waiver or amendment, may be construed as a waiver or amendment of any provision of this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
HOMEOWNERING reserves the right to change this Agreement, prices, information and available contractual license terms featured on this Web Site without notice. HOMEOWNERING will provide notice of material changes to this Agreement on the home page of this Web Site. Your continued use of this Web Site, or any services or materials accessible through it, after such notice has been posted constitutes your acceptance of the changes.