IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE HWD SERVICE.
a. “Content” shall mean text, documents, data, information, and other materials you may view on, access through, or download through the HWD Service.
b. “Derivative Works” shall mean any documents, summaries, arrangements, or other iterations (derived from or based upon any element of the HWD Service, its Content or any part thereof.
c. “Intellectual Property Rights” shall mean means legal rights and interests in intellectual property such as: patents, copyrights, trademarks, service marks, inventions, computer software and/or related documentation, trade secrets, contract and licensing rights, know how, methodologies, devices, business processes, data, and all other legal rights protecting intangible proprietary as may exist now and/or hereafter come into existence, under the laws of the United States, or any other jurisdiction of relevance.
d. “Registered User” shall mean an individual who is eligible to access and use the HWD Service. Certain Content and certain parts of the HWD Service are restricted to certain categories of Registered Users.
2. GRANT OF LICENSE
a. Subject to these Terms and to your Registration, HWD grants you a non-exclusive, non-sublicensable, non-assignable license to use the HWD Service for the sole purpose of a) obtaining, providing, downloading, or reviewing Content for your use directly or in connection with a particular transaction; or b) uploading or providing data or Content for use by Registered Users as part of the HWD Service.
b. You are not authorized to sell, assign, distribute, export, or store any Content, except for use in connection with a particular transaction. You are not authorized to grant rights to third parties with regard to the HWD Service, its Content or any part thereof.
c. You are not authorized to create or to permit or authorize others to create any Derivative Works, or to translate, reverse engineer, decompile or misuse the HWD Service, its Content or any part thereof.
d. You agree that you will not use the HWD Service or Content to develop applications or services that could compete with the HWD Service or any other software produced by HWD.
e. You agree that you will not reveal to any third party any of the trade secrets of HWD or its licensors contained in the HWD Service or its Content.
f. You agree that you will observe any and all restrictions applicable to the HWD Service and to the use of the Content.
g. You agree that you will not delete any proprietary designations, legal notices or other source identifiers from any Content obtained through the HWD Service.
h. Each User obtaining information or Content through the HWD System represents that he/she is authorized to act on behalf of one or more parties involved with the specified transaction. Each User submitting information to the HWD System represents that he/she is authorized to furnish such Content and information, including the contact information of parties involved with a specified a transaction. Such Users confirm and agree that such contact information may be used in connection with the specified transaction and/or to communicate information concerning the closing, the property and other relevant information.
i. Each User represents that he/she is authorized to provide email addresses and other information to HomeWiseDocs.com, for use in connection with the HWD Service. User further acknowledges and agrees that the HWD Service may include providing such email addresses and other information to third parties as part of legally required disclosure data and documents or to deliver other information to assist respective user groups and/or other individuals that are involved with related transactions or potential transactions. Users understand and agree that such email addresses may also be used by community management companies or their authorized agents or representatives to send information regarding the respective association(s), and goods and services available within the such association.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
You further agree that:
a. You will not tamper with or otherwise interfere or attempt to interfere in any manner with the functionality or proper working of the HWD Service.
b. You will not make illegal use of the HWD Service or use it for illegal purposes.
c. You will follow U.S. and international laws regarding transmitting data.
d. You will not attempt to gain unauthorized access to the HWD Service, or to our computer system.
e. You will not remove, obscure, or alter any notice of any logo, trademark, or other intellectual property or proprietary right designation appearing on or contained within the portal or on any Content.
f. You will not access (or attempt to access) any product or services offered via the HWD Service by any means other than the interface that is provided by HWD.
4. REGISTERED USER ACCOUNTS
a. You affirm that you are at least eighteen (18) years of age.
b. You will need to register and create an account to access some features of the HWD Service. You agree to provide accurate and complete information when registering for your account and to maintain and promptly update the information to ensure that it remains accurate and complete. You agree that You will not impersonate any person or use a false name while registering or using the HWD Service.
c. If you provide any information that HWD believes to be inaccurate, incomplete, or falsified, or an impersonation, or if You create an account that HWD, in its sole discretion, finds suspect or inappropriate, HWD reserves the right to suspend or terminate your account and refuse any and all current or future use of the HWD Service. HWD reserves the right to monitor your compliance, as well as the compliance of other Users, with these Terms.
d. You are solely responsible for the activity that occurs on your account, including any unauthorized usage. You therefore should keep your account password secure and monitor any use of your account. HWD will not be liable for any loss or damage arising from your failure to comply with this section or any other Terms.
e. HWD will not be liable for your losses caused by any unauthorized use of your account; however, you may be liable for the losses of HWD or others due to such unauthorized use.
f. HWD may place cookies on your computer to retain your individual preferences and improve your user experience with the HWD Service, as well as to inform HWD what features of the HWD Service are most popular.
5. RESERVATION OF RIGHTS AND OWNERSHIP
HWD retains any rights not explicitly granted to You. These Terms do not grant Users any ownership rights in the Content, or any rights other than as set forth in these Terms.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that any and all Intellectual Property Rights to or arising from the HWD Service and its Content are and shall remain the exclusive property of HWD or its licensors. Nothing in this Agreement intends to transfer any such Intellectual Property Rights to You. You are only entitled to the limited use of the Intellectual Property Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of Intellectual Property and other laws.
7. LINKS TO THIRD PARTY WEBSITES
a. The HWD Service may contain links to third party websites that are not owned or controlled by HWD. HWD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. HWD make no recommendation or endorsement as to any third party websites or the products or services offered from such sites. HWD will not and cannot censor or edit the content of any third-party site. By using the HWD Service, you expressly relieve HWD from any and all liability arising from the use of any third-party website.
8. PROHIBITED USE
a. You may not use the HWD Service for any purpose that is unlawful or prohibited by applicable law or in any other manner that could damage, disable, overburden or otherwise impair any functionality of the HWD Service, or the servers or the network(s) connected to any other equipment used by the HWD Service, or interfere with any other person’s authorized use and enjoyment of HWD Service.
b. You may not attempt to gain unauthorized access to the HWD Service, or the computer systems or networks connected to any of HWD Service servers through any means.
c. You agree not to distribute any part of the HWD Service or the Content without authorization.
d. You agree not to alter or modify any part of the HWD Service or Content.
e. You agree not to use the HWD Service for any of the following commercial uses unless you obtain HWD's prior written approval:
i. the sale or license of access to the HWD Service; and
ii. the sale or license of any Content obtained from the HWD Service;
iii. the creation, sale or license of any Derivative Works based on the Content obtained from the HWD Service.
f. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the HWD Service in a manner that sends more request messages to the HWD servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
g. You agree not to collect or harvest any personally identifiable information, including account names, from the HWD Service, nor to use the communication systems provided by the HWD Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the HWD Service with respect to their Content.
h. In your use of the HWD Service, you will comply with all applicable laws.
i. HWD reserves the right to discontinue any aspect of the HWD Service at any time.
9. YOUR CONTENT AND CONDUCT
a. As an HWD Service Account holder, You may submit Content to the HWD Service.
b. By submitting Content, you represent and warrant that you own or have the necessary rights to such Content, and that you are legally entitled to submit or post such Content and to grant the rights herein granted. You hereby grant HWD a non-exclusive license to such Content, including all copyright, trademark, or other proprietary rights in and to such Content, and consent to HWD’s publication, distribution and use of such Content on and through the HWD Service.
c. You further agree that Content you submit to the HWD Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant HWD all of the license rights granted herein.
d. You further agree that you will not submit to the HWD Service any Content that is contrary to HWD’s Acceptable Use Guidelines, as may be issued or updated from time to time, or contrary to applicable local, national, and international laws and regulations.
e. HWD does not endorse any Content submitted to the HWD Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and HWD expressly disclaims any and all liability in connection with Content. HWD does not permit copyright infringing activities and infringement of intellectual property rights on the HWD Service, and HWD will remove all Content if properly notified that such Content infringes on another's intellectual property rights. HWD reserves the right to remove Content without prior notice.
f. User hereby agrees to comply fully with all applicable state and federal privacy laws governing collecting, using and disclosing personal information in connection with submitting any such personal information to HWD. User agrees that it shall be a violation of this User Agreement to violate such laws.
10. ACCOUNT TERMINATION POLICY
Without prejudice to any other rights, HWD may terminate any User and any License hereunder if HWD learns of, or has reason to believe that, any User has failed to comply with this Agreement or for any other reason in HWD’s sole discretion. In any such event, your user account will be deactivated and you must stop using the HWD Service.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
If you believe that any materials on this Website infringe your copyright, you may request removal of those materials from the Website by sending written notice to our Copyright Agent (designated below). HWD will review your notice upon receipt and will take appropriate action. The Digital Millennium Copyright Act (17 U.S.C. §512) (“DMCA”) requires that the written notice (the “DMCA Notice”) include the following:
i. Your physical Your physical or electronic signature.
ii. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a list of such works.
iii. Identification of the material you believe to be infringing, in a sufficiently precise manner to allow us to locate that material (or you can send us screenshots to assist our review).
iv. Your contact information (including your name, postal address, telephone number and, if available, e-mail address).
v. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send your DMCA Notice to the following, by mail, fax or email. Your Notice must be properly addressed and (if by mail) sent with sufficient postage.
Our designated Copyright Agent to receive DMCA Notices is:
5520 Kietzke Lane Suite 200
Reno, NV 89511
If you fail to comply with the above notice requirements, your DMCA Notice may not be effective. Please be aware that if you knowingly misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and legal fees). It is our policy to terminate repeat infringers in appropriate circumstances.
12. WARRANTY DISCLAIMER
HWD (AND ITS THIRD PARTY SUPPLIERS AND LICENSORS) PROVIDE THE HWD SERVICE ON AN "AS IS," AS AVAILABLE, BASIS, WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, OR THOSE WARRANTIES WHICH MAY ARISE BY COURSE OF DEALING, OR COURSE OF TRADE. ALSO, THERE IS NO WARRANTY OF LACK OF VIRUSES OR OTHER DISABLING CODE OR CONDITION, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. THE ENTIRE RISK ARISING OUT OF THE USE, QUALITY, ACCURACY, EFFORT, OR PERFORMANCE OF THE HWD SERVICE IS WITH YOU. IN ADDITION, HWD DOES NOT WARRANT THE SECURITY OF THE HWD SERVICE OR, THAT INFORMATION, SOFTWARE, CONTENT, AND FEATURES AVAILABLE THROUGH IT WILL BE UNINTERRUPTED, ERROR-FREE, PROVIDED PROPERLY OR COMPLETELY, OR BE AVAILABLE 24 HOURS PER DAY, 7 DAYS PER WEEK. HWD IN ITS DISCRETION MAY PROVIDE SUPPORT FOR THE HWD SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL HWD BE LIABLE TO ANY PARTY FOR (i) ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) OR ANY OTHER DAMAGES ARISING IN ANY WAY FROM OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, PERFORMANCE OF THE HWD SERVICE, PROVISION OF OR FAILURE TO PROVIDE THE HWD SERVICE, LOSS OF DATA, YOUR ACCESS OR INABILITY TO ACCESS OR USE THE HWD SERVICE OR YOUR USE AND RELIANCE ON INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE HWD SERVICE, INCLUDING VIRUSES ALLEGED TO HAVE BEEN OBTAINED, OR INVASION OF PRIVACY FROM OR THROUGH THE HWD SERVICE, EVEN IF HWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER DYSFUNCTION IN, OR DESTRUCTIVE PROPERTIES OF, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE HWD SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, HWD'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless HWD, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the HWD Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the HWD Service.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HWD without restriction.
a. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
b. You agree that: (i) the HWD Service shall be deemed solely based in California; and (ii) the HWD Service shall be deemed a passive website that does not give rise to personal jurisdiction over HWD, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and HWD that arises in whole or in part from the HWD Service shall be decided exclusively by a court of competent jurisdiction located in Solano County, California. YOU AND HWD AGREE THAT THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
c. HWD reserves the right to amend these Terms at any time and without notice, by posting revised Terms. It is your responsibility to review these Terms periodically for any changes. Your use of the HWD Service following any amendment of these Terms will signify your consent to and acceptance of the revised Terms.
d. Use, duplication or disclosure by any Government entity is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013.
If you have any questions regarding these Terms or other matter relating to the HWD Service, please contact us as set forth below.
5520 Kietzke Lane Suite 200
Reno, NV 89511
Revised: January 8, 2020