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Welcome to HomeHub, located at www.homehub.org (the “Website”).  The Website is owned and maintained by Hello Housing, a California nonprofit public benefit corporation, as a service to internet users.  Its use is a privilege to the viewer.  The use of the Website is subject to all applicable laws regarding copyrighted materials and intellectual property, and is subject to the important legal notices, terms and disclaimers below.  The terms “you” or “yours” refer to the user or viewer of the Website.

TERMS OF USE

This agreement (the “Agreement”) specifies the terms and conditions for access to and use of the Website and describes the terms and conditions applicable to your access of and use of the Website.

1. Description of Service. The Website is an advertising and marketing service for HomeHub partners.  There is no charge for you to use the Website.  The Website allows you to search for homes available for sale to qualified homebuyers that have been acquired and/or rehabilitated by HomeHub partners.  When you find a home that interests you, contact the advertised listing agent or HomeHub partner to obtain more information about any particular listing that you are viewing.  Hello Housing is not involved in any real estate listing or sales activities, or brokering activities and is not a licensed real estate broker or agent.

2. Acceptance of Agreement.

(a)    Each use by you of the Website shall constitute and is deemed as your unconditional acceptance of this Agreement.  The terms and conditions contained in this Agreement constitute the entire agreement between you and Hello Housing, as of the Effective Date set forth above.  If you do not agree with any part of this Agreement or you have any dispute or claim against Hello Housing relating to the Website, then your sole and exclusive remedy is to discontinue using the Website.

(b)   This Agreement may be amended, modified, or revised at any time by Hello Housing, in its sole discretion, upon posting of the amended, modified, or revised agreement.  Any such amendments, modifications, or revisions shall be effective immediately.

3. Ownership and Proprietary Rights. All content included on the Website is and shall continue to be the property of Hello Housing or its content suppliers and is protected under applicable intellectual property, copyright, patent, trademark, and other laws.  Any and all intellectual property rights (“Intellectual Property”) associated with the Website are the sole property of Hello Housing or its partners, as applicable.  All copy, custom graphics, icons, and other items that appear on the Website are copyrighted, trademarks, service marks or trade dress (“Marks”) of Hello Housing or other entities that have granted Hello Housing the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Hello Housing.  Except as otherwise expressly authorized by this Agreement, you may not use, copy, reproduce, modify, lease, loan, sell, reserve assemble or otherwise attempt to discover any source code, creative derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Hello Housing’s or the appropriate third party’s prior written approval.  Except as expressly provided herein, Hello Housing does not grant you any express or implied rights to Hello Housing’s or any third party’s Intellectual Property.  Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Website.

4. Use of the Website. Hello Housing grants you a limited, revocable, nonexclusive license to use the Website (a) to access and use the Website strictly in accordance with this Agreement; (b) to access the Website solely for internal, personal, and non-commercial purposes; and (c) to print out discrete information from the Website solely for internal, personal, and non-commercial purposes and provided that you maintain all copyright and other policies contained therein.  Unauthorized attempts to upload or alter information on the Website are strictly prohibited.  Except as otherwise expressly authorized in this Agreement, you agree not to copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any content and information obtained from the Website; circumvent, reverse engineer, modify, disable, or otherwise tamper with the Website; or use materials, products or services in violation of any law.  No print out or electronic version of any part of the Website or its contents may be used by you in litigation or arbitration matter whatsoever under any circumstances.

5. Intended Audience. This Website is intended for adults only.  This Website is not intended for children under the age of eighteen (18).

6. Disclaimer; No Warranties. Although Hello Housing has made reasonable efforts to place, or cause to be placed, accurate information on the Website, Hello Housing cannot accept or assume any responsibility or liability for the accuracy of the content of the Website or for any actions taken as a result of the use of the Website.  Hello Housing makes no guarantees concerning the information contained in the Website.  Additionally, the Website contains references to other sites and information that Hello Housing has no control over; therefore, Hello Housing makes no guarantees concerning such sites and information, including, but not limited to, the accuracy, currency, content, quality, security, or privacy of any such sites and information.

THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  YOU AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  HELLO HOUSING DISCLAIMS ALL WANRATIES OF ANY KIND TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGMENT, OR THE CURRENT ACCURACY OF INFORMATION, EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT OR ACCURATE INFORMATION OR INFORMATION THAT MAYBE RELIED UPON BY YOU TO MAKE A BUSINESS OR PERSONAL DECISION.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING THE WEBSITE.

Hello Housing does not warrant uninterrupted or error-free functions contained in the Website or its content or that the Website or its servers are free of viruses or other harmful components.  Hello Housing is not responsible or liable for any viruses or other contamination of your system that may result from or relate to the use of the Website or receipt of any e-mail from Hello Housing.

7. Limitation of Liability.

UNDER NO CIRCUMSTANCES OR EVENTS SHALL HELLO HOUSING BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, THE WEBSITE CONTENT, AND EDUCATIONAL MATERIALS DISTRIBUTED ON THE WEBSITE PROVIDED BY HOMEHUB PARTNERS OR THIRD-PARTIES WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGESS.  YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT, UNDER NO CIRCUMSTANCES, WILL HELLO HOUSING HAVE ANY LIABLITY RELATED TO ANY INFORMATION, GOODS, SERVICES, RESOURCES OR CONTACT AVAILABLE THROUGH HOMEHUB PARTNERS OR THIRD-PARTY DEALINGS OR COMMUNICATION OR FOR ANY INFORMATION THAT YOU PROVIDE TO THIRD PARTIES OR FOR ANY HARM RELATED THERETO.

Reference or links to external websites in this Website to any specific commercial products, processes, or services, or the use of any trade, firm, agent or corporation name is merely for the information and convenience of the public, and does not constitute endorsement, recommendation, favoring or sponsorship of these references or external websites, their content, viewpoints, products, services or hosts (including any changes or updates thereto) by Hello Housing.  In addition, Hello Housing does not warrant or guarantee in any way the security, reliability, accuracy, or usability of external websites and hyper texts or other computer “links” to such external websites.

To the extent that Hello Housing may not disclaim implied warranties as a matter of applicable law, the scope and duration of such warrant shall be the minimum required under such applicable law.

8. Notice Regarding Specification, Prices, Terms, Renderings and Other Information.

THIS WEBSITE AND THE RELATED LINKS DO NOT CONSITUTE AN OFFER TO SELL REAL PROPERTY.  OFFERS TO SELL PROPERTY MAY BE MADE AND ACCEPTED ONLY BY THE HOMEHUB PARTNER LISTING A SPECIFIC PROPERTY.  INFORMATION CONTAINED ON THIS WEBSITE IS INTENDED TO BE INFORMATIVE ONLY, AND DOES NOT CONSTITUTE A RESPRESENTATION OR WARRANTY WITH REGARD TO ANY SPECIFICATIONS, PRICES, TERMS, RENDERINGS AND OTHER INFORMATION RELATING TO A PROPERTY, HOMEHUB PARTNER, OR THIRD PARTY.  Although every effort has been made to ensure that the price and terms contained in the Website are accurate and current, at any time, such prices and terms are subject to change prior to sale.

9. Use of Information and Privacy Policy. Hello Housing reserves the right, and you authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with Hello Housing’s Privacy Policy.  The terms of the Privacy Policy of Hello Housing are hereby incorporated by reference into this Agreement, and your agreement to this Agreement means that you expressly agree to be bound by the Privacy Policy for Hello Housing.

10. Modification; Interruption; Termination. The Website and access to the contents of the Website may from time-to-time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for services or changes to the Website, or otherwise.  You agree that Hello Housing will have no liability of any nature to you or any third party for any modifications to the Website, and any interruption or unavailability of access to the Website or its content. The use of this Website is at the sole discretion of Hello Housing and Hello Housing may terminate your use of the Website at any time, with or without notice.

11. Compliance with Laws. By visiting the Website, you agree to comply with all applicable laws regarding your use of the Website.  You further agree that the information provided by you is truthful and accurate to the best of your knowledge.

12. Indemnification. You agree to indemnify, defend and hold harmless Hello Housing and its affiliates, subsidiaries, partners, agents, directors, officers, members, stockholders and employees of each of them and other entities in contract with Hello Housing to use the Website and their affiliates, subsidiaries, partners, agents directors, officers, members, stockholders and employees of each of them, with counsel reasonably acceptable to them, from and against all claims, causes of action, demands, judgments, damages, liabilities, costs and expenses, including, but without limitation, reasonable attorney’s fees (whether incurred in a third party action or in an action brought by Hello Housing against you to enforce Hello Housing’s rights under this provision), directly or indirectly arising out of or connected with your violation of this Agreement or use of the Website.  The provisions of this Section shall survive the expiration or termination of this Agreement.

13. Limitations Period. You agree that any claim, controversy, or dispute with Hello Housing and its affiliates, subsidiaries, partners, agents, directors, officers, members, stockholders and employees of each of them and other entities in contract with Hello Housing to use the Website and their affiliates, subsidiaries, partners, agents directors, officers, members, stockholders and employees must be brought within one (1) year of when the claim, controversy, or dispute arose or first accrued, or such claim, controversy, or dispute will be forever barred.

14. Copyrights and Copyright Agent. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 et. al.), if you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent as follows:

(a)  A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b)  A description of the copyrighted work or other intellectual property that you claim has been infringed; 

(c)  A description of where the material you claim is infringing is located on the Website (providing Hello Housing with a listing number or website URL is the best way to help us locate content quickly);

(d)  Your mailing address, telephone number, and, if available, an e-mail address;

(e)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)   A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 

The Copyright Agent of Hello Housing for Notice of claims of copyright infringement on the Website is Mardie Oakes, who can be reached as follows:

By Mail: 1242 Market Street, 3rd Floor, San Francisco, CA 94102

By Phone: (415) 863-3036

By E-mail:  mardie@hellohousing.org

15. Applicable Law. The laws of the state of California, without regard to conflicts of law provisions, will govern this Agreement and any dispute that may arise between you and Hello Housing and its affiliates, subsidiaries, partners, agents, directors, officers, members, stockholders and employees of each of them and other entities in contract with Hello Housing to use the Website and their affiliates, subsidiaries, partners, agents directors, officers, members, stockholders and employees of each of them.  The venue of any proceeding hereunder shall be in Alameda County, California. 

16. Waiver. The failure of Hello Housing to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision.

17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

18. Contact Information.

Hello Housing

1242 Market Street, 3rd Floor

San Francisco, California  84102

Attention:  Mardie Oakes

Phone:  (415) 863-3036

E-mail Address: mardie@hellohousing.org

 

(Effective Date: July 4, 2011)