TERMS AND CONDITIONS OF USE
Updated and Effective as of: November 23, 2020.
WHAT YOU SHOULD KNOW
These Terms and Conditions of Use (the "Terms") apply to your use of any web site, application, or other online service (collectively, the "Site") operated by Home Partners of America, Inc. ("Home Partners of America", "We", "Us", "Our") that posts these Terms. The goal of this Site is to provide you with access to information about Home Partners of America and our Lease with Purchase Right.
Please read the Terms carefully before continuing on with your use of the Sites. These Terms shall govern the use of the Sites and apply to all Internet traffic visiting the Sites. By accessing or using the Sites, you agree to the Terms. The Terms are meant to protect all of our Sites visitors and your use of the Sites signifies your agreement with these Terms.
If you do not agree with these Terms, do not use the Sites.
When using particular services or features of the Sites, in addition to these Terms, separate guidelines document, payment terms, end user license agreement, and leasing or other agreement with Home Partners may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Home Partners reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting (or such date as may be specified in the updated terms). By using the Sites after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
TABLE OF CONTENTS
- TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
- PROHIBITED ACTIVITIES
- MEMBERSHIP AND REGISTRATION
- SOCIAL MEDIA APPLICATIONS
- USER CONTENT
- THIRD PARTY LINKS, CONTENT AND APPLICATIONS
- LINKING POLICY
- MOBILE FEATURES
- SWEEPSTAKES, CONTESTS, PROMOTIONS
- DISCLAIMER OF WARRANTIES AND LIABILITIES
- THIRD PARTY RIGHTS
- JURISDICTIONAL ISSUES
- GOVERNING LAW
- TERM AND TERMINATION
- SPECIAL TERMS FOR APPLE iOS USERS
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
This Site is controlled and operated by Home Partners of America, 120 S. Riverside Plaza, Suite 2000, Chicago, IL 60606, telephone (877) 234-5155. All content on this Site, including, but not limited to text, images, illustrations, audio clips, and video clips (the "Content"), is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Home Partners of America or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to Home Partners. Content on the Sites or any online service owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You acknowledge that you do not acquire any ownership rights in the Content by using the Sites.
You may print a copy of the Content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content or information in any way (including by email or other electronic means) for commercial use without the prior written consent of Home Partners or the Providers. You may request consent by email to firstname.lastname@example.org. Without the prior written consent of Home Partners or the Providers, your modification of the Content, use of the Content on any other website, application, online service, or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, violates the rights of the owners of the Sites and/or the Providers’ copyrights, trademarks or service marks and other proprietary rights, and is prohibited. You may not use any trademarks, service marks or copyrighted materials appearing on the Sites, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website, application, or online service any of the Content or other materials on the Sites without prior written consent of Home Partners. Any rights not expressly granted herein are reserved by Home Partners and any unauthorized use of the Sites is prohibited.
As a condition to your use of this Site, you warrant to Home Partners that you will not use our Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use our Site immediately terminates without the necessity of any notice. Home Partners retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms.
You are specifically prohibited from any use of this Site, and You agree not to use or permit others to use this Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including but not limited to "spam" or other such unsolicited mass emailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of this Site; (d) upload, post, email or otherwise transmit any information or Content, which proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy any element of the Site, or the Content without Our prior written permission, provided that generally available third party Web browser such as Microsoft Internet Explorer® may be used without such permission.
MEMBERSHIP AND REGISTRATION
Certain areas of the Sites may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. When you create an account for the Sites, you will be asked to choose a password. When you choose to provide information to the Sites, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
If you register with us, you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer and devices so that others may not access the password protected portion of the Sites using your account in whole or in part. You agree to notify us immediately if you suspect any unauthorized use of or access to your account. You agree to comply with all rules, laws, and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Home Partners reserves the sole right (but is under no obligation) to update, modify, replace, or alter any of the Sites, in whole or in part, from time to time without any liability to you. Various updates or upgrades may be offered to you, and may be offered to you for a separate fee, and the applicable updates or upgrades may be accompanied by additional terms and conditions. You are under no obligation to accept any update or upgrade for which a fee may be charged; provided, however, that you acknowledge that Home Partners may, in its sole discretion, cease to operate any of the Sites or features within the Sites or older versions of the features and Sites. We reserve the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.
Some features or portions of the Sites may enable you to make payments. All payments are subject to any applicable payment terms in your agreement with Home Partners. You agree to pay all fees and charges that you incur or that are incurred through your account. Unless otherwise noted, all currency references are in U.S. dollars.
SOCIAL MEDIA APPLICATIONS
The Site may offer features that enable interactions between the Site and a third-party website or service or contain integration with third-party platforms (each, a "Social Application"), such as enabling you to “share” or "tweet” content from the Site on other online services. By using such features, you acknowledge and agree to the following: (i) if you use a feature to share information relating to your activity on the Site, you are consenting to your information and content being shared; (ii) your use of a Social Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Home Partners has not provided such information; and (iii) your use of a Social Application is at your own option and risk, and you will hold Home Partners harmless for the sharing of information relating to your activity on the Site. You must read all login and other pop-up boxes closely for notices about sharing your content and information with, through or by any other means identified in a Social Application.
You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Home Partners the license below. Upon Home Partners’ request, you will furnish Home Partners any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content. We are and shall be under no obligation (1) to pay compensation for any User Content; or (2) to respond to any User Content.
Home Partners is not responsible for the substance of any User Content and such User Content does not necessarily reflect the views of Home Partners. We may, but are under no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. We may remove or refuse to post any User Content for any reason in our sole discretion.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Home Partners.
You remain the owner of your User Content, but you acknowledge that Home Partners must have a license from you in order to accept your User Content. Accordingly, you grant to Home Partners an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any media, technology or device now known or hereafter developed.
You agree that Home Partners is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize Home Partners to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. This may include User Content that you submit through our accounts on social media websites (e.g., Facebook, Instagram, YouTube, Twitter, and LinkedIn). To the fullest extent permitted, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You acknowledge that Home Partners may be working on or developing material similar or the same in nature to your User Content and that Home Partners may have received similar or the same intellectual property rights from another party. Home Partners owes you no obligation connected to your submissions unless you and Home Partners enter a written agreement to that effect. Any discussion or negotiations between you and Home Partners regarding your submissions does not constitute recognition of the novelty or originality of your User Content.
You agree that Home Partners has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. Home Partners will not have any obligation to you with regard to User Content and Home Partners may or may not monitor, display, or accept your User Content and may delete it at any time. You are solely responsible for any User Content you submit and its accuracy. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
User Interactions and Disputes
You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
Acceptable Use Policy: Community Rules
When you contribute, upload or otherwise provide User Content to the Sites, you agree to comply with the following Community Rules ("Rules"):
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Sites and elsewhere.
- No pictures or images of anyone without permission. If you choose to upload photos to the Sites, link to embedded videos, or include other images of real people, make sure you have their express permission to post it.
- Don't upload third party materials. Your User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Keep it relevant. Your User Content should relate to the content on the Sites and should be intended to add to the discussion and community on the Sites.
- Please show respect. We ask all users to be respectful of others, and cursing,, stalking, posting insulting comments, personal attacks, or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- No commercial content. Your User Content may not advertise or promote a product or service except those provided on the Sites. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme.
- Do not upload User Content that is inappropriate or illegal. Your User Content may not promote violence or any illegal activity. If you do upload or post User Content that is illegal or in violation of applicable law, we reserve the right to take action that we deem appropriate, in our sole discretion, including reporting you to the proper governmental authorities.
- Be honest and do not misrepresent yourself or your User Content. Do not impersonate any other person, user or company or upload or post User Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company. You may not use a false e‑mail address or otherwise mislead us or third-parties as to the origin of any User Content.
- Public forum. User Content that you post on the Community will be accessible and viewable by other users. Do not post personal information that you do not want to have publicly accessible (e.g., full name, password, phone number, address, e-mail address or other personally identifiable information or contact information). Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Don't damage the Sites or anyone's computers. User Content may not contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Sites or any computer system.
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
Reporting Copyright and Other Intellectual Property Violations [DMCA Agent registered with Copyright Office. Registration No. DMCA-1035116]
You may not use the Sites for any purpose or in any manner that infringes the rights of any third party. Home Partners encourages you to report any content on the Sites that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Home Partners has a designated agent for receiving notices of copyright infringement and Home Partners follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Home Partners’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Sites violates your rights other than copyrights, please provide Home Partners with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Sites or other complaint regarding alleged violation of rights to Home Partners’ copyright agent, who can be reached as follows:
|Mailing Address:||Home Partners of America, Inc. |
120 S. Riverside Plaza
Chicago, IL 60606
NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Home Partners will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party's intellectual property rights.
THIRD PARTY LINKS, CONTENT, AND APPLICATIONS
The Sites, and communications you receive from Home Partners, may contain links to other third party websites and/or third party content.
Functionality on the Sites may also permit interactions between the Sites and a third party web site or online feature, including applications that connect the Sites or your profile on the Sites with a third party site by logging in through your account with a third party service (including, but not limited to, Facebook or Twitter). For example, the Sites may include a feature that lets you post to your social networking page a link to Platform Content or the ability to share content from the Sites or your User Content posted on the Sites with a third party, which may be publicly posted on that third party’s web site. You may also be able to utilize third party services to transfer banking and other financial information to your Home Partners account. Using this functionality typically requires you to login to your account on the third party site.
The content of any third party sites is not under Home Partners' control, and Home Partners is not responsible for, and does not endorse, such content, whether or not Home Partners is affiliated with the owners of such third party sites. Accordingly, you expressly acknowledge that we make no representation or warranties about the completeness, accuracy, or existence of any advertising, products, or other materials on or available from third party sites or online features and any reliance placed by you on such materials is at your own risk. If you choose to use applications that connect the Sites or your account on the Sites with a third party site, you acknowledge and agree that you are consenting to the information about your account being shared; and that your use of these third party applications may cause information about you to be publicly disclosed. Home Partners is not responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that Home Partners is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.
Home Partners grants you the revocable permission to link to the Site; provided, however, that your website, or any third party websites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Home Partners is endorsing or sponsoring it or its products, unless Home Partners has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Home Partners’ sole opinion, harm us or our products or services; (d) must not use any Home Partners’ trademarks without prior written permission from Home Partners; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.
The Sites may offer features that are available to you via your mobile phone or other mobile device. These features may include the ability to make payments, communicate with us and other registered users, submit maintenance requests, manage your lease, interact and post content, or otherwise access features of the Sites (collectively, “Mobile Features”). Additional terms may apply to your use of any mobile feature. We may serve you some or all of our Mobile Features through an application that is owned and operated by a third party developer. Message and data rates and other carrier fees may apply. Fees and charges will appear on your mobile device bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Please contact your carrier with questions regarding these issues.
You agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Home Partners or other parties. Further, we may collect information related to your use of the Mobile Features. If you use any Mobile Features, you agree to notify Home Partners of any changes to your mobile number and update your account(s) on the Sites to reflect this change.
SWEEPSTAKES, CONTESTS, PROMOTIONS
The Sites may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
DISCLAIMER OF WARRANTIES AND LIABILITY
All content on the Sites is provided "as is" and without warranties of any kind either express or implied. other than those warranties which, under the U.S. laws applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Home Partners disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Home Partners, or its affiliated or related entities, nor the Providers, nor any person involved in the creation, production, and distribution of the Sites warrant that the functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on the Sites is provided solely for your convenience and information only. Home Partners does not warrant or make any representations regarding the results that may be obtained from the use of the Sites, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of the Sites.
You expressly agree that use of the Sites is at your sole risk. You (and not Home Partners) assume the entire cost of all necessary servicing, repair or correction of your system. You expressly agree that neither Home Partners, nor its affiliated or related entities (including any Providers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production and distribution of the Sites, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of the Sites or any other linked Sites. By way of example, and without limiting the generality of the foregoing, Home Partners and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on the Sites. You expressly acknowledge and agree that Home Partners is not liable or responsible for any defamatory, offensive or illegal conduct of other users or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Home Partners’ liability is limited to the greatest extent permitted by law.
By accessing the Sites, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
THIRD PARTY RIGHTS
These Terms are for the benefit of Home Partners and the Providers, its and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
Unless otherwise specified, the Content contained in the Sites is presented solely for your convenience and/or information. The Sites are controlled and operated by Home Partners from its offices within Chicago, Illinois. Home Partners makes no representations or warranties that Content in its Sites is appropriate or available for use in other locations. The information provided on the Sites 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 law or regulation or which would subject Home Partners to any registration requirement within such jurisdiction or country. Those who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
You may not use or export the materials in the Sites in violation of U.S. export laws and regulations. Specifically, no software from the Sites may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, as they are applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Home Partners brings to enforce these Terms, or in connection with any matters related to the Sites, shall be brought only in either the state or Federal courts located in and for Chicago, Illinois and you expressly consent to the jurisdiction of said courts. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
TERM AND TERMINATION
Home Partners reserves the right to terminate your access to and use of the Sites or any of its features in its sole discretion, without notice and liability, including, without limitation, if Home Partners believes your conduct fails to conform to these Terms. Home Partners also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities.
Upon termination of your access to the Sites, or upon demand from Home Partners, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Sites.
Home Partners also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information, or content available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that Home Partners will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof. Home Partners also reserves the right to charge for use of the Sites, in whole or in part, and to change its fees from time to time in its discretion.
The failure of Home Partners to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Home Partners’ rights with respect to such breach or any subsequent breaches. No waiver by Home Partners of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Home Partners. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Home Partners may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Home Partners’ prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Home Partners by virtue of Home Partners having drafted them.
Home Partners will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Home Partners’ reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labor disputes, shortages or delays in obtaining supplies or service, materials, labor, or transportation, interruption of utility services or the Internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.
SPECIAL TERMS FOR APPLE iOS USERS
Notwithstanding any other provision within these Terms, the following additional terms are applicable to those using the Sites on Apple’s iOS platform: You understand that these Terms are between you and us only, and not with Apple. Home Partners, not Apple, is solely responsible for the Sites and there content thereof. You further understand that the Sites may not be used in any manner inconsistent with the Apple App Store Terms of Service as of the Effective Date. You are granted a license to use the Sites on any iOS device that you own or control and as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We are solely responsible for providing maintenance and support for the Sites, as specified in these terms or as required under applicable law. You understand that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Sites. We are solely responsible for any warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Sites to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such Sites to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Sites, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of us. We, not Apple, are responsible for addressing any claims by you or any third party relating to the Sites or your possession and/or use of the Sites, including, but not limited to: (i) product-liability claims; (ii) any claim that the Sites fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Our liability is limited so far as permitted by applicable law. In the event of any third-party claim that the Sites or your possession and use of such Sites infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You and we acknowledge and agree that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. If you have any questions or concerns regarding the Sites, please contact us as described below.
If you have any questions about these Terms, please contact us at:
Home Partners of America
120 S. Riverside Plaza, Suite 2000
Chicago, IL 60606