In addition to reviewing this Agreement, please read our
Privacy Policy. Your use of the Website constitutes agreement
to its terms and conditions as well.
The Agreement may be modified from time to time; the date
of the most recent revisions will appear on this page, so
check back regularly. Continued access to the Website by
you will constitute your acceptance of any changes or revisions
to the Agreement.
Your failure to follow these rules, whether listed below
or in bulletins posted at various points in the Website,
may result in suspension or termination of your access to
the Website, without notice, in addition to Service Provider's
other remedies.
I. Registration and Account Creation
1. REGISTRATION INFORMATION:
Service Provider may at times require that you register
and/or set up an account to use certain portions of the
Website, or the Website as a whole. In order to do so, you
may be provided, or required to choose, a password, User
ID, and/or other registration information (collectively,
"Registration Information"). You agree and represent
that all Registration Information provided by you is accurate
and up-to-date. If any of your Registration Information
changes, you must update it by using the appropriate update
mechanism on the Website, or contact webmaster[@]EHomeImprovement.org
2. USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website,
you will be solely responsible for maintaining the confidentiality
of your Registration Information. You may not authorize
others to use your Registration Information. You may not
sub-license, transfer, sell, or assign your Registration
Information and/or this Agreement to any third party without
our written approval. Any attempt to do so will be null
and void and shall be considered a material breach of this
Agreement.
B. You are solely responsible for all usage or activity
on your account including, but not limited to, use of the
account by any person who uses your Registration Information,
with or without authorization, or who has access to any
computer on which your account resides or is accessible.
C. If you have reason to believe that your account is no
longer secure (for example, in the event of a loss, theft,
or unauthorized disclosure or use of your Registration Information
or any credit, debit, or charge card number stored on the
Website), you must promptly change the affected Registration
Information by contacting webmaster[@]HomeTips.com.
3. FEES AND PAYMENTS:
A. Service Provider or third parties may charge you fees
for products or services offered for sale through the Website,
and/or for access to portions of the Website or the Website
as a whole. You agree to pay all fees and charges, including
applicable taxes, incurred through your account at the rates
in effect for the billing period in which such fees and
charges are incurred, including but not limited to charges
for any products or services offered for sale through the
Website by Service Provider or by any third party vendor
or provider (such fees, charges, and taxes shall collectively
be referred to as "Fees"). Service Provider reserves
the right to change the amount of, or basis for determining,
any Fees, and to institute new Fees, effective upon prior
notice to you.
B. If you submit your credit, debit, or charge card information
to Service Provider upon registration or otherwise, you
give Service Provider permission to charge all Fees incurred
through your account to the credit, debit, or charge card
you designate. Any additional Fees (other than renewal fees)
will be charged at the time they are incurred. If payment
cannot be charged to your credit, debit or charge card or
your payment is returned to Service Provider for any reason,
including charge back, Service Provider reserves the right
to either suspend or terminate your account and all its
obligations under this Agreement.
II. Rules of Usage:
1. USE OF THE WEBSITE BY YOU:
A. Unless otherwise specified, the Website is intended
for your personal use only. You may not authorize others
to use the Website, and you are responsible for all use
of the Website by you and by those you allow to use, or
provide access to, the Website.
B. The Website contains material that is protected by state,
national, and international copyright, trademark and other
intellectual property laws. You may not modify, copy, reproduce,
republish, upload, post, transmit, or distribute in any
way any material, including code and software, from the
Website. You may download material from the Website and
may use the Website for your personal use only, provided
you keep intact all copyright and other proprietary notices.
C. The Website is not intended for users under the age
of 13, and Website Provider does not knowingly collect personally
identifiable information from users under the age of 13.
Such users are expressly prohibited from submitting their
personally identifiable information to us; any information
submitted by such users will not knowingly be used, posted,
or retained by us.
D. You agree not to use any obscene, indecent, or offensive
language or to place on the Website any material that is
defamatory, abusive, harassing, racist, or hateful. Further,
you may not place on the Website any material that is encrypted,
constitutes junk mail or unauthorized advertising, commercial
offers, invades anyone's privacy, encourages conduct that
would constitute a criminal offense, gives rise to civil
liability, or that otherwise violates any local, state,
federal, national, or international law or regulation. You
agree to use the Website only for lawful purposes and you
acknowledge that your failure to do so may subject you to
civil and criminal liability.
E. You are responsible for ensuring that any material you
provide to the Website or post on a bulletin board or forum
or elsewhere, including but not limited to text, photographs,
and sound, does not violate the copyright, trademark, trade
secret or any other personal or proprietary rights of any
third party or is posted with the permission of the owner(s)
of such rights.
F. The content, organization, graphics, text, images, video,
design, compilation, advertising, and all other material
on the Website, including without limitation, the "look
and feel" of this Website, are protected under applicable
copyrights and other proprietary (including but not limited
to intellectual property) rights and are the property of
Website Provider or its licensors. The copying, rearrangement,
redistribution, modification, use, or publication by you,
directly or indirectly, of any such matters or any part
of the Website, including but not limited to the removal
or alteration of advertising, except for the limited rights
of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorized
use, by publication, re-transmission, distribution, performance,
caching, or otherwise, of material obtained through the
Website, except as permitted by the Copyright Act or other
law or as expressly permitted in writing by this Agreement,
Service Provider or the Website.
H. You agree not to disrupt, overwhelm, attack, modify,
or interfere with the Website or its associated software,
hardware and/or servers in any way, and you agree not to
impede or interfere with others' use of the Website. You
further agree not to alter or tamper with any information
or materials on or associated with the Website.
I. Other than connecting to Service Provider's servers
by http requests using a Web browser, you may not attempt
to gain access to Service Provider's servers by any means--including,
without limitation, by using administrator passwords or
by masquerading as an administrator while using the Website
or otherwise.
J. You acknowledge that Service Provider has not reviewed
and does not endorse the content of all sites linked to
from this Website and is not responsible for the content
or actions of any other sites linked to from this Website.
Your linking to any service or site is at your sole risk.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR
OWN RISK. THE WEBSITE IS PROVIDED "AS IS," AND
THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY
SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY
OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION
CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER,
ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO
NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL
BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS
OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT
NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE
PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT,
THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE
OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY
TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO
HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE
ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR
MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE
TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES
AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS,
DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY
KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
3. TERMINATION OR SUSPENSION OF ACCESS TO THE WEBSITE: