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Terms of Use
Home Page
These Terms of Use disclose the terms for use of the My New Home 101 web site ("Site"). The Highers Group, LLC ("Highers Group") manages this Site, provides content and/or services on the Site to you and allows certain third parties, including advertisers (collectively, "Suppliers"), to provide content on the Site for your viewing and/or use subject to the following conditions. Please read them carefully. These Terms of Use are a binding contract between Highers Group and you regarding your use of this Site. If you use this Site, you agree to be bound by these Terms of Use. Any person accessing or using this Site is referred to as "you."
Highers Group reserves the right to change these Terms of Use at any time in our discretion and to notify users of any such changes solely by changing these Terms of Use. Your continued use of the Site after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. Please note that your use of this Site prior to the time these Terms of Use was posted will be governed according to the Terms of Use that applied at the time of your use.
A. YOUR USE OF THE SITE
1. Registration. Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the Site. When you register on the Site or provide information to us in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that we may use the information you provide to us according to the Privacy Policy on the Site. If you register on the Site, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your registration or any associated rights therein. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Site using your name in whole or in part.
2. Communications with Third Parties through the Site. Your dealings or communications through the Site with any party other than Highers Group are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
B. INTELLECTUAL PROPERTY
1. Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with this Site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Highers Group or its Suppliers. All rights not expressly granted in these Terms of Use are reserved. We actively protect our rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Use.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without our written consent. Requests to use the Content for any purpose other than as permitted in this section should be directed to the contact information at the end of these Terms of Use.
2. Copyright Complaints. Highers Group has registered as an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Highers Group reserves the right to remove any content on the Site which allegedly infringes another person's copyright. Notices to Highers Group regarding any alleged copyright infringement on the Site should be directed to the contact information at the end of these Terms of Use.
3. Trademarks. The Content includes logos, trademarks and service marks (collectively "Marks") owned by Highers Group, its Suppliers and/or its licensors. No Marks may be used in any manner unless approved in writing in advance by Highers Group and/or the owners of the Marks.
4. Links to, and frames of, the Site. If you operate a website and wish to link to this Site, you may link only to the home page of the Site and not to any other page or subdomain of us. You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site or suggest any relationship between this Site and you without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, not to insert any code or product or manipulate the content of the Site in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
C. YOUR REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted by you and/or through your registration account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that, if you are providing information to the Site, you are at least twenty-one (21) years old. You hereby agree to indemnify, defend and hold harmless Highers Group, its members, officers, directors, employees, shareholders, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Use or as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
While Highers Group and its Suppliers use reasonable efforts to include accurate and up-to-date information on the Site, Highers Group and its Suppliers make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. Highers Group and its Suppliers do not represent or warrant that use of any Content, when authorized, will not infringe the rights of third parties. In addition, in some cases, Content available on the Site may be provided and/or hosted by third parties. Highers Group has not reviewed third party Content nor have we reviewed all of the sites that might be linked to this Site. Highers Group is not responsible for the content of any off-site pages or links to or from any other sites. While Highers Group encourages such third parties to abide by these Terms of Use, Highers Group has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER HIGHERS GROUP, NOR ITS SUPPLIERS, LICENSORS, OR ANY OF OUR OR THEIR MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (COLLECTIVELY, THE "PROVIDERS"), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
THE PROVIDERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE PROVIDERS BE LIABLE FOR: ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT AND ANY RELIANCE ON OR WITH RESPECT TO CONTENT, REGARDLESS OF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES AND, THEREFORE, SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Highers Group, its Suppliers or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
The Site is controlled, operated and administered by Highers Group from its offices within the United States. We make no representation that materials or Content available through the Site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
E. MISCELLANEOUS
1. Highers Group may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability, terminate any registration and/or deny access to any person or user at any time for any reason.
2. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions.
3. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
4. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Highers Group.
CONTACT US
If you have any questions or comments regarding these Terms of Use or the Site, or if you wish to submit a notice of copyright infringement, please contact termsofuse@mynewhome101.com .
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