HarvestHomes4Heroes.com Terms of Use Agreement

1. Introduction.

Thank you for reviewing our Terms of Use Agreement (hereinafter the “Agreement”) for the HarvestHomes4Heroes.com web site. This website is owned and operated by Harvest Homes4Heroes, LLC, a Virginia limited liability company (hereinafter “HH4H” or “We”). This Agreement applies to persons who visit, or otherwise use the HarvestHomes4Heroes.com web site (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access HH4H services (“Services”) or the HarvestHomes4Heroes.com web site (hereinafter referred to collectively as “HarvestHomes4Heroes.com” or “the Site”).

2. About HarvestHomes4Heroes.com.

HH4H is a home provider whose primary business is to encourage and support home ownership for our Community Service Heroes: fire-fighters, police officers, teachers, nurses and our military veterans. We do this through our unique program that combines affordable HH4H home buying solutions for our “Heroes” with the experienced services of our professional housing partners – within one comprehensive program. This Site is designed to provide our Users with home buying and selling educational information, tools, and information about our partners who may be able to assist you in achieving home ownership.

3. Availability and Eligibility.

Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18). This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Services no distribution or solicitation is made by HH4H to any person to use the Site or Services in jurisdictions where the provision of such site or services is prohibited by law. If you do not qualify, please do not use our Site.

4. Services.

The Site provides you with the opportunity to learn about the home buying process, potential homes for sale, and other personal financial planning information. You may view the Site at no cost. On the Site, you may find information about third party service providers, such as real estate agents, lenders, and others, that are willing to assist you with the home buying and home selling process. Your interactions with such third party providers is governed by your agreement with them and HH4H is not responsible for the services they provide.

5. User’s Responsibilities and Acknowledgements.

As a HH4H User you are obligated to read this Agreement and our Privacy Policy before you use our Site, utilize our Services, or provide any information to us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future. You acknowledge that none of the information provided through the Site constitutes investment, legal, tax, accounting or any other type of professional advice nor is it intended to substitute for seeking professional advice. You should consult a qualified investment, legal, and/or tax professional before making any decisions based on information provided through the Site. For these reasons, you agree HH4H (and any third party providing content or tools on the HH4H Site) is not responsible for any losses that might occur from your use of the information contained in the Site or accessible from the Site, and you further agree that HH4H does not guarantee or endorse the suitability or potential value of any particular purchase, investment, or tax strategy that may be mentioned on the Site.

6. Restricted Activities.

You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (f) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or without the prior expressed written permission of HH4H and the appropriate third party, as applicable. You may not consummate any transaction on the Site, or that was initiated using our Service, that could cause us to violate any applicable law, statute, ordinance or regulation.

7. Breach.

Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users or us. We can also terminate this Agreement at any time, with or without cause.

8. Privacy.

We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://www.HarvestHomes4Heroes.com/content/privacy_policy. HH4H may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

10. Links to Third Party Sites.

There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, HH4H. Such links do not necessarily constitute an endorsement by HH4H of those sites. HH4H undertakes no obligation to monitor such sites, and you agree that HH4H is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, links or usage.

11. Intellectual Property.

The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws.

12. Email Policy.

Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.

13. Disclaimer of Warranties.

WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HH4H. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT, OR ANY OF OUR SERVICES, TOOLS, OR PRODUCTS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HH4H DISCLAIMS ANY AND ALL SUCH WARRANTIES.

14. Limitation of Liability.

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT HH4H 'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

15. Indemnity.

You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, including but not limited to any intellectual property claim, arising out of your violation of this Agreement or your use of the Site. You further agree that you will cooperate fully in the defense of any such claims. HH4H reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of HH4H.

16. Licenses.

HH4H grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site and not use any device, software or routine that may interfere with the operation of the Site.

17. Waiver.

Failure by HH4H to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

18. Right to Change this Agreement.

HH4H reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following HH4H’s posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, please do not continue to use the Services or this Site.

19. General Provisions.

This is the entire Agreement governing the use of the HH4H Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the Commonwealth of Virginia, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the County of Henrico, Virginia. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of HH4H in accordance with applicable law and the remainder of the Agreement shall remain in full force.

20. Contact HarvestHomes4Heroes.

Any notices to Harvest Homes4Heroes LLC shall be given by postal mail to Harvest Homes4Heroes, LLC, 10831 W. Broad Street, Suite 208, Glen Allen, VA 23060 (in the case of HH4H). You agree that you will notify HH4H in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give HH4H a reasonable period of time to address it before bringing any legal action.