ONLINE USER AGREEMENT AND PRIVACY POLICY
PLEASE READ THIS AGREEMENT CAREFULLY. BY
USING THIS WEB SITE YOU AGREE TO ABIDE BY THE TERMS
AND CONDITIONS OF, AND BE LEGALLY BOUND BY, THIS
ONLINE USER AGREEMENT AND PRIVACY POLICY (THIS
“AGREEMENT”) BETWEEN YOU AND HelpfulHousebuyers.com.
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
PLEASE DO NOT USE THE WEB SITE.
1. GENERAL INFORMATION.
1.1. Changes. The web site is
provided by HelpfulHousebuyers.com.
HelpfulHousebuyers.com reserves the right, at its
discretion, to change the terms of this Agreement
and/or change, suspend, discontinue or modify any
aspect of the web site. Such modifications may
include, without limitation, changes in content, in
user priorities, and discontinuance of functional
aspects of the web site.
1.2. Notices of Changes. We
may amend this Agreement at any time without
specific notice to you. The latest Agreement will be
posted on our web site, and you should review this
Agreement prior to using the web site. You agree to
review the terms and conditions of this Agreement
periodically to be aware of such revisions.
Additionally, your continued use of the web site
after the posting of any change in the terms and
conditions shall constitute your acceptance to be
bound by the express terms of any such changes.
1.3. Use of Information or Services.
All visitors are notified and agree that we do not
assume any responsibility for problems and losses
experienced by using our web site’s information or
services. If you take action to buy, sell, or invest
after visiting our web site and it causes you to
take an action that results in a loss of money,
property, profits, opportunity costs, or any other
loss on your part, you may not sue us to recover
that money (loss). We only provide a service to
independent individual investors, sellers, and
buyers that are each totally responsible for the
results of their own actions.
1.4. Revocable License. You
are hereby granted a non-exclusive,
non-transferable, revocable license (a) to access
and use the web site strictly in accordance with
this Agreement; and (b) to use the web site solely
for internal, personal, non-commercial purposes. We
do not represent, or warrant that the web site will
be error-free, free of viruses, or other harmful
components, or that any defects will be corrected.
We do not represent, or warrant that the information
available on, or through the web site will be
correct, accurate, timely, useful, complete, or
otherwise reliable.
2. LIMITATIONS ON USE AND USER
SUBMISSIONS.
2.1. Copyright and Trademark Notice.
All content of the web site provided by
HelpfulHousebuyers.com, including, but not limited
to, all text, photos, graphics, audio, software,
presentations in any format and/or video is
copyrighted by HelpfulHousebuyers.com. All rights
reserved. No portion of the information or other
materials may be directly or indirectly copied,
published, reproduced, modified, performed,
displayed, sold, transmitted, published, broadcast,
rewritten for broadcast or publication or
redistributed in any medium, whether now known or
hereafter created. No portion of the information or
other materials may be stored in a computer or
distributed over any network, except that you may
download or print one copy of pages strictly for
personal and non-commercial use. However, any print
out of any page of the web site or portion thereof,
must include HelpfulHousebuyers.com’s copyright
notice. HelpfulHousebuyers.com, and its associated
logos, page headers, custom graphics, buttons, and
other icons are service marks, trademarks,
registered service marks, registered trademarks, or
trade dress of HelpfulHousebuyers.com. All other
content, product names, and company logos are
trademarks of their respective owners. Neither these
materials, nor any portion thereof, may be stored in
a computer except as reasonably necessary for
personal and non-commercial use.
2.2. Restricted Use of the Site.
You agree to use the web site for lawful purposes
only. You agree not to post or transmit any
information through the web site which: (a)
infringes the rights of others or violates their
privacy or publicity rights, (b) is unlawful,
threatening, abusive, defamatory, libelous, vulgar,
obscene, profane, indecent or otherwise
objectionable, or (c) is protected by patent,
copyright, trademark or other proprietary right
without the express permission of the owner of such
right. You shall be solely liable for any damages
resulting from any infringement of patent,
copyright, trademark or other proprietary rights, or
any other harm resulting from your use of the web
site.
2.3. Your Submission of Messages.
You hereby grant to HelpfulHousebuyers.com a
worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate, create derivative
works from, distribute, perform, display and use for
any purpose all messages or other materials posted
by you on the web site or any e-mail sent by you to
HelpfulHousebuyers.com (in whole or in part) and to
incorporate any such messages or other materials or
e-mails in any form, into other media or technology
whether now known or hereafter developed.
2.4. Public Messages. All
electronic forums made available to users of the web
site are the sole property of HelpfulHousebuyers.com
and are not public forums. You understand and
acknowledge that all information, data, files,
software, music, sound, photographs, graphics,
video, messages or other materials posted by any
person or entity other than HelpfulHousebuyers.com
(“Third-Party Content”), whether publicly posted or
privately transmitted, are the sole responsibility
of the person from which such Third-Party Content
originated. You assume total liability for all
Third-Party Content that you upload, post, email or
otherwise transmit via the web site.
HelpfulHousebuyers.com assumes no liability for any
such Third-Party Content. You agree not to use the
web site to:
A. upload, post, e-mail or
otherwise transmit any Third-Party Content that is
unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, or hateful, or is
racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or
entity, including, but not limited to, an official
or representative of HelpfulHousebuyers.com, or
falsely state or otherwise misrepresent your
affiliation with a person or entity;
D. forge headers or otherwise
manipulate identifiers to disguise the origin of any
content transmitted through the web site;
E. upload, post, e-mail or
otherwise transmit any Third-Party Content that you
do not have a right to transmit under any law or
under contractual or fiduciary relationships (such
as inside information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
F. upload, post, e-mail or
otherwise transmit any Third-Party Content that
infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
G. upload, post, e-mail or
otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,”
“spam,” “chain letters,” “pyramid schemes,” or any
other form of solicitation;
H. upload, post, e-mail or
otherwise transmit any material that contains
software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit
the functionality of any computer software or
hardware or telecommunications equipment or network;
I. interfere with or disrupt the
web site or servers or networks connected to the web
site, or disobey any requirements, procedures,
policies or regulations of networks connected to the
web site;
J. intentionally or unintentionally
violate any applicable local, state, national or
international law, including, but not limited to,
regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or
other securities exchange, including, without
limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
K. “stalk” or otherwise harass
another; or
L. collect or store personal data
about other users.
You acknowledge that HelpfulHousebuyers.com does not
pre-screen Third-Party Content, but that
HelpfulHousebuyers.com and its designees shall have
the right (but not the obligation) in their sole
discretion to refuse or move any Third-Party Content
that is available via the web site. Without limiting
the foregoing, HelpfulHousebuyers.com and its
designees shall have the right to remove any
Third-Party Content that violates this Agreement or
is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the
use of any Third-Party Content, including any
reliance on the accuracy, completeness, or
usefulness of such Third-Party Content. You
acknowledge and agree that HelpfulHousebuyers.com
may preserve Third-Party Content and may also
disclose Third-Party Content if required to do so by
law or in the good faith belief that such
preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce this
Agreement; (c) respond to claims that any
Third-Party Content violates the rights of other
third-parties; or (d) protect the rights, property,
or personal safety of HelpfulHousebuyers.com, its
users, or the public.
2.5. Linking. Without the
prior written consent of HelpfulHousebuyers.com, you
may not use any of HelpfulHousebuyers.com’s
proprietary logos, marks, or other distinctive
graphics, video, or audio material in your links.
You may not link to the web site or to any page
thereof or engage in the practice of “deep linking”
in any manner reasonably likely to: (a) imply
affiliation with or endorsement or sponsorship of or
by HelpfulHousebuyers.com; (b) cause confusion,
mistake, or deception; (c) dilute
HelpfulHousebuyers.com’s trademarks or service
marks; (d) otherwise violate state or federal law;
or (e) constitute improper disparagement or
disclosure concerning HelpfulHousebuyers.com or any
of its respective affiliates, or their respective
officers, directors, agents, franchises, or Vendors.
You may not frame or otherwise incorporate into
another web site any of the information or other
materials on this web site without the prior written
consent of HelpfulHousebuyers.com.
3. ACCESS AND DELAYS IN SERVICES.
HelpfulHousebuyers.com, its affiliates,
subsidiaries, and Vendors shall have no
responsibility to provide you access to the web
site. Further, HelpfulHousebuyers.com, its
affiliates, subsidiaries, and Vendors shall not be
liable to you for any loss or liability resulting,
directly or indirectly, from delays, inaccuracies,
errors, omissions or interruptions of the web site
for any reason, including, without limitation, due
to electronic or mechanical equipment failures,
telephone interconnect problems, defects, weather,
strikes, walkouts, fire, acts of God, riots, armed
conflicts, acts of war, acts of terrorism, or to
other like causes.
4. MONITORING OF SITE.
You acknowledge that HelpfulHousebuyers.com reserves
the right to, and may from time to time, monitor for
all lawful purposes any and all Third-Party Content
transmitted or received through the web site. During
monitoring, information may be examined, recorded,
copied, and used for authorized purposes. All
Third-Party Content, including personal information,
placed on or sent over the web site may be
monitored. Use of the web site, authorized or
unauthorized, constitutes consent to such monitoring
and to the other terms of this Agreement.
5. REPRESENTATIONS, WARRANTIES AND
LIMITATION OF LIABILITY.
5.1. General Disclaimer and Limited
Warranty. You acknowledge that certain
aspects of the information on the web site and links
provided through the web site are compiled from
sources which may be beyond the control of
HelpfulHousebuyers.com. Though such information and
links are recognized by the parties to be generally
reliable, the parties acknowledge that inaccuracies
may occur. HelpfulHousebuyers.com, its licensees or
affiliates do not warrant the accuracy or
suitability of any such information. Neither
HelpfulHousebuyers.com nor its licensees or
affiliates represent or endorse the accuracy or
reliability of the information distributed through
the Service. FOR THIS REASON, YOU ACKNOWLEDGE THAT
THE WEB SITE IS PROVIDED TO YOU ON AN “AS IS WITH
ALL FAULTS” BASIS. HelpfulHousebuyers.com AND ITS
LICENSEES AND AFFILIATES EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY
WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR
COURSE OF DEALING. FURTHER, HelpfulHousebuyers.com
AND ITS LICENSEES AND AFFILIATES NEITHER REPRESENT
NOR WARRANT THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL
ACHIEVE ANY DESIRED RESULT.
5.2. Errors and Omissions. You
assume all risk of errors and omissions in the web
site, including the transmission or translation of
data. You assume full responsibility for
implementing sufficient procedures and checks to
satisfy your requirements for the accuracy and
suitability of the web site, including the
information, and for maintaining any means which you
may require for the reconstruction of lost data or
subsequent manipulations or analyses of the
Information provided under this Agreement.
5.3. Viruses. YOU ACKNOWLEDGE
AND AGREE THAT HelpfulHousebuyers.com USES
REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR
PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE
PASSED THROUGH, THE WEB SITE OR THE INFORMATION ON
THE WEBSITE. HOWEVER, YOU HEREBY ASSUME ALL
RESPONSIBILITY (AND THEREBY HOLD
HelpfulHousebuyers.com HARMLESS), BY WHATEVER MEANS
YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR
DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH
A SIMILAR FUNCTION.
5.4. LIMITATION OF LIABILITY.
YOU AGREE THAT HelpfulHousebuyers.com AND ITS
AFFILIATES, SUBSIDIARIES, AND VENDORS SHALL NOT IN
ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE WEB SITE FOR ANY PURPOSE
WHATSOEVER. THE PROVISIONS CONTAINED IN THIS SECTION
SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
5.5. FTC NOTICE. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
6. INDEMNIFICATION.
YOU SHALL RELEASE, DISCHARGE, AND RELINQUISH,
DEFEND, INDEMNIFY, AND HOLD HARMLESS
HelpfulHousebuyers.com AND ITS AFFILIATES,
SUBSIDIARIES, AND VENDORS, AND EACH OF THEIR
MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, VENDORS, AND CONTRACTORS OF
WHATEVER TIER (COLLECTIVELY, THE INDEMNITEES) FROM
AND AGAINST ALL LOSS, CLAIMS, DEMANDS AND CAUSES OF
ACTION OF WHATEVER KIND OR CHARACTER, INCLUDING
WITHOUT LIMITATION COSTS, ATTORNEYS’ FEES AND
EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM
BROUGHT BY ANY PERSON(S) OR ENTITY(IES) ARISING
FROM, IN CONNECTION WITH, OR RELATING TO, YOUR
ACCESS AND USE OF THE WEB SITE, INCLUDING YOUR USE
OF THE INFORMATION OBTAINED THROUGH THE WEB SITE.
THE OBLIGATIONS TO RELEASE, DEFEND AND TO INDEMNIFY
CONTAINED IN THIS SECTION SHALL APPLY EVEN IF
CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE,
GROSS OR CONCURRENT NEGLIGENCE, STRICT LIABILITY,
CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER
FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR
ENTITY, INCLUDING BUT NOT LIMITED TO THE
INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL
COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE
DEFENSE OF ANY SUCH CLAIM.
7. PRIVACY.
7.1. Privacy. Records of your
use of the web site is the sole property of
HelpfulHousebuyers.com and is protected by and
subject to the U.S. Electronic Communications
Privacy Act (18 U.S.C.S. § 2701 et seq.), as
amended, or any successor statute.
HelpfulHousebuyers.com reserves the right to use
such information for its marketing, licensing and
membership endeavors. Your personally identifying
information will not be shared with any third party,
with the following exceptions:
A. Information that
HelpfulHousebuyers.com in good faith determines is
legally required to be revealed by any relevant
statute, regulation, ordinance, rule, administrative
or court order, decree, or subpoena;
B. Information revealed during the
course of HelpfulHousebuyers.com’s enforcement of
the policies and procedures of the web site, the
terms of this Agreement, or during the course of any
disciplinary actions;
C. Information in a manner
expressly permitted by the provisions of this
Section;
D. Information that
HelpfulHousebuyers.com in good faith determines must
be disclosed to correct what it believes to be false
or misleading information or to address activities
that HelpfulHousebuyers.com believes to be
manipulative, deceptive or otherwise a violation of
law; or
E. Unless you are otherwise
notified at the time we collect the data. Note also,
your electronic mail address may become public when
you participate in web site electronic forums. We
may also conform to the standard practice of using
“cookies” which, when you sign on to our site,
automatically copies a small record file (“cookie”)
to your hard disk.
7.2. Privacy of Minors.
Protecting the privacy of children is especially
important. HelpfulHousebuyers.com does not knowingly
collect information about children and will delete
any such information that it discovers or of which
it is made aware.
7.3. Nonpublic Personal Information.
“Nonpublic Personal Information” is the nonpublic
information about you that is obtained from you in
connection with providing you a financial product or
service such as a loan or mortgage.
HelpfulHousebuyers.com and its advertisers may
collect nonpublic personal information from the
online forms you complete in order to obtain the
financial product or service, from information
collected as a result of your transactions with
HelpfulHousebuyers.com, our advertisers or others,
and from consumer reporting agencies.
HelpfulHousebuyers.com will not disclose any
nonpublic personal information about our current or
former customers and consumers to anyone, except as
permitted or required by law, or as described below.
We may disclose all of the information we collect
about you to our affiliates who offer related goods
and services, and to nonaffiliated third parties
that perform services on our behalf, including
marketing services, or other financial institutions
with whom we have joint marketing agreements. If we
collect nonpublic personal information from you to
provide third-party financial products and services
requested by you, such third-party’s use of your
personal information will be subject to their
privacy policy as disclosed to you by them. We have
procedures in place that limit access to nonpublic
personal information to those employees and other
individuals who need to know such information to
provide products and services to you. We will
maintain physical, electronic, and procedural
safeguards to protect the confidentiality of your
nonpublic personal information as required by law.
7.4. Other Sites and Their Policies.
Other sites that may be accessed through our web
site will have their own privacy policies and rules.
You must ensure that you agree to these terms when
entering their web sites. We cannot be held liable
for any information, or exchange of data while on
any other web site.
8. UNSOLICITED E-MAIL AND DIRECT
MARKETING.
8.1. Unsolicited E-mail.
HelpfulHousebuyers.com supports responsible
e-commerce. HelpfulHousebuyers.com does not
authorize anyone to use the web site to broadcast,
distribute, transmit or retransmit unsolicited
commercial, non-commercial, bulk, or junk electronic
mail (“SPAM”).
8.2. Electronic Direct Marketing
Programs. HelpfulHousebuyers.com may
develop and participate in electronic direct
marketing to users of the web site who elect to
receive electronic mail of specific interest to
them. In keeping with this Agreement,
HelpfulHousebuyers.com does not forward the names
and addresses (electronic or otherwise) to third
parties. Advertisers who participate in
HelpfulHousebuyers.com’s electronic direct marketing
programs identify the category of users who would
most likely be interested in their goods and
services. HelpfulHousebuyers.com then forwards the
advertisements to users who have elected to receive
that category of electronic mail. Users may elect to
not receive similar electronic mail by requesting
that their e-mail address be removed from the
mailing list by selecting the appropriate option
included with each e-mail advertisement sent by
HelpfulHousebuyers.com. In addition, users may elect
to be removed from such lists at any time by sending
a message to the System administrator at
webmaster@1800paycash.com.
8.3. Reporting SPAM. Users who
receive SPAM or any threatening or offensive e-mail
as a result of use of the web site, may report it to
HelpfulHousebuyers.com by forwarding the unedited
message with the full message header to
webmaster@1800paycash.com
8.4. Reservation of Rights.
HelpfulHousebuyers.com reserves the right to take
all legal or technical steps that it deems necessary
to prevent the broadcast, distribution,
transmission, or retransmission over the web site of
SPAM, junk e-mail, threatening or offensive e-mail,
or e-mail otherwise determined by
HelpfulHousebuyers.com, in its sole discretion, to
be objectionable. HelpfulHousebuyers.com reserves
the right to suspend or terminate any person or
entity’s use of or access to the web site if it
determines, in its sole and absolute discretion,
that such person or entity has used or intends to
use the web site in violation of this policy. A
failure of HelpfulHousebuyers.com to exercise any
right provided for herein shall not be deemed to be
a waiver of such right.
9. MISCELLANEOUS
9.1. Governing Law; Limitations; Venue.
The laws of the State of Ohio, excluding any rule or
principle that would refer to and apply the
substantive law of another state or jurisdiction,
shall govern this Agreement. To the extent allowed
by applicable law, any claims or causes of action
arising from or relating to your access and use of
the web site as contemplated by this Agreement must
be instituted within two (2) years from the date
upon which such claim or cause arose. Further, any
such claim or cause of action shall be brought
EXCLUSIVELY in the state or federal courts located
in Franklin County, Ohio and you agree to submit to
the exclusive personal jurisdiction of such courts
and hereby appoint the Secretary of State of Ohio as
your agent for service of process. You agree to
waive any objection that the state or federal courts
of Franklin County, Ohio are an inconvenient forum.
9.2. Assignments. You may not
assign any of your rights, obligations, privileges,
or performance hereunder without the prior written
consent of HelpfulHousebuyers.com. Any assignment
other than as provided for in this Section shall be
null and void.
9.3. Severability. If any
provision of this Agreement is found to be unlawful
or unenforceable in any respect, the court shall
reform such provision so as to render it enforceable
(or, if it is not possible to reform such provision
so as to make it enforceable, then delete such
provision); and, as so reformed or modified, fully
enforce this Agreement.
9.4. U.S. Government Restricted Rights;
Export. The materials on the web site are
provided with “RESTRICTED RIGHTS.” Use, duplication
or disclosure by the Government is subject to
restrictions as set forth in applicable laws and
regulations. Use of the materials by the Government
constitutes acknowledgement of
HelpfulHousebuyers.com’s proprietary rights in them.
You may not use or export the information or any
other materials in this web site in violation of
U.S. export laws and regulations.
9.5. Termination.
HelpfulHousebuyers.com may terminate or suspend your
use of the web site for any reason. Termination or
cancellation of your use of the web site shall not
affect any right or relief to which
HelpfulHousebuyers.com may be entitled, at law or in
equity. Upon termination or cancellation, all rights
granted to you will terminate and revert to
HelpfulHousebuyers.com.
9.6. Notice. Official
correspondence must be sent via postal mail to:
HelpfulHousebuyers.com, LLC
458 N. Cassady Avenue
Bexley, Ohio 43209
9.7. Entire Agreement. This
Agreement is complete and effective at the time you
begin use of the web site. This Agreement
constitutes the entire agreement between the
parties, and no other agreement, written or oral,
exists between you and HelpfulHousebuyers.com. In
the event that any inconsistencies exist between
this Agreement and any future published terms or
understanding, the last published Agreement or terms
of use shall control.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE
RESERVED BY HelpfulHousebuyers.com |
