Terms of Use

November 4, 2024

By accessing or using our Services, you agree to be bound by the terms and conditions of these Terms of Use (this “Agreement”) and our Privacy Policy (the “Privacy Policy”). The terms “we,” “us,” or “our” Hoss Homes, LLC, DBA Home Down Payments, a New York limited liability company, whose principal office is 900 Willis Avenue, Mineola New York 11507, and its affiliated companies. The term “Services,” means, collectively, various websites, applications, widgets, email notifications, and other mediums, or portions of such mediums, through which you have accessed this Agreement.

This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and waive any right to have those disputes decided by a judge or a jury. See the Legal Disputes section of this Agreement.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to our Services.

You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. To determine your compliance with this Agreement, we may monitor your access and use of our Services in accordance with our Online Privacy Policy.

Our Services are Not Intended for Minors

Our Services are intended to be accessed and used only by adults and are not directed to minors. As stated in our Privacy Policy, we do not knowingly collect personal identifiable information from anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13.

Your Access and Use of our Services

Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Your access and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of our Services, or other actions that we, in our sole discretion, may elect to take. We reserve the right to suspend or discontinue the availability of our Services and/or any portion or feature of our Services at any time in our sole discretion and without prior notice.

Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits, or prevents any access, use, or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use our Services. You shall not modify, scrape, embed, or frame our Services without our prior written permission.

Subject to the terms of this Agreement and the Privacy Policy, we may offer you various Services. Below are the terms and conditions governing these Services.

IT IS YOUR RESPONSIBILITY TO MAINTAIN THE INTEGRITY OF YOUR INFORMATION AND DATA. To use certain Services, you may be required to provide us with information about you, which may be confidential and may include personal identifying information, and/or financial information (“Your Information”). If you provide Your Information to us then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and updated if any of Your Information changes. Our collection, use, and disclosure of Your Information is governed by this Agreement and our Privacy Policy.

You Must Maintain the Security of Any Password Issued to You. If our Services require you to create a password to use certain portions of our Services, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.

You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: [email protected].

YOU AND YOU ALONE ARE RESPONSIBLE FOR FINANCIAL DECISIONS. We and our affiliates, through the Services, may provide a venue through which you can obtain information and you can find third-party service providers, such as financial institutions, credit card providers, mortgage brokers, insurance brokers, insurance agents, discount program representatives, and other financial professionals (“Service Providers”). We do not endorse or recommend the products or services of any Service Provider and are not an agent or advisor to you or any Service Provider. We do not validate or investigate the licensing, certification, or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages, or claims in connection with, arising from, or related to, your use of a Service Provider’s products or services. We urge you to obtain the advice of financial advisors, loan officers, mortgage brokers, or other qualified professionals who are fully aware of your circumstances before you make any financial decisions. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

You Acknowledge and Agree that We are Not a Service Provider. We are not a lending institution, insurance provider, or other Service Provider. Instead, we, through our Services, may help you connect with Service Providers that might meet your needs based on information provided by you. We do not, and will not, make any coverage or credit decision with any Service Provider referred to you. We do not issue or promote mortgages, credit cards, insurance coverage, or any other financial products.

No Guarantee of Quotes, Fees, Terms, Rates, Coverage, or Services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage, or services offered or made available by Service Providers. We do not guarantee that quotes, fees, terms, rates, coverage, or services offered by Service Providers are the best available.

You hereby release us of any and all losses, costs, damages, or claims in connection with, arising from, or related to your use of a Service Provider’s products or services, including any fees charged by a Service Provider.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects, if (if any) warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its behalf and on behalf of its Affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations outlined in this section shall be applied to the greatest extent enforceable under applicable law.
Requests for Quotes and Offer.

We may share your information with third parties when you use our Site to request a rate, quote, service, approval, or information from those third parties (a “Request”). IF YOU SUBMIT A REQUEST, SERVICE PROVIDERS MAY CONTACT YOU DIRECTLY WITH QUOTES VIA MAIL, TELEPHONE, TEXT MESSAGE, FAX, EMAIL, AND OTHER MEANS OF COMMUNICATION, YOU MAY RECEIVE TELEMARKETING CALLS AS A CONSEQUENCE OF SUBMITTING A REQUEST THROUGH OUR SERVICES, EVEN IF YOU ARE ON THE NATIONAL ??? DO NOT CALL REGISTRY OR ANY OTHER DO NOT CALL REGISTRY. ???? explain why.

By submitting a Request, you expressly authorize the third party to conduct any research necessary to provide you with information about your Request. Third parties may need to share your information with credit agencies to conduct such research. As an example, if you pre-approval rates for a mortgage, consumer reports may be ordered in connection with your request. Such reports may provide information that may assist in determining eligibility for credit card offers. Consumer reports may also be used for updates, renewals, or extensions of credit card offers. If you do not want third parties to conduct necessary research to provide you with a quote for your Request, then you should not submit a Request.

You further agree and acknowledge that:

Hoss Homes, LLC, DBA Home Down Payments may communicate the personal identifying information you have provided to one or more participating credit card issuers and to a consumer reporting agency.
Hoss Homes, LLC, DBA Home Down Payments may use your consumer credit report information, including your credit score, for internal business purposes, such as improving the website experience and to market other products and services to you.
Homedownpayments.com may share this information with participating credit card issuers. This information can determine whether you may be eligible for certain offers.
Credit card issuers that receive your personal identifying information from Hoss Homes, LLC, DBA Home Down Payments may use it to create a new credit profile to determine which card offers might be available to you, including checking for any pre-qualified offers.
You understand that certain credit card issuers that receive your personal identifying information from Hoss Homes, LLC, DBA Home Down Payments may use it to first determine if there are any previously matched credit card offers available to you without accessing a new credit profile and if no offers are available, you authorize those credit card issuers to create a new credit profile to determine which credit card offers might be available to you, including pre-qualified offers.
The consumer reporting agency that receives your personal identifying information from Hoss Homes, LLC, DBA Home Down Payments may use your consumer report information, including your credit score, to determine which credit card offers might be available to you based on credit criteria made available to the consumer reporting agency by participating credit card issuers.
Hoss Homes, LLC, DBA Home Down Payments is not a credit card issuer. We not issue loans or mortgages, or make credit decisions.
Even if you choose to apply for one of your match Down Payment Assistance Programs, there is no guarantee that you will be approved by the issuer.
When your personal identifying information is provided by Hoss Homes, LLC, DBA Home Down Payments to a consumer reporting agency or a credit card issuer, you understand that your consumer report records will indicate that Hoss Homes, LLC, DBA Home Down Payments or lender has made a credit inquiry about you.
Many, but not all credit card issuers participate in the Hoss Homes, LLC, DBA Home Down Payments service, which may not include every product offered. You understand that Hoss Homes, LLC, DBA Home Down Payments will determine, in its sole discretion, when, how often, and with which Down Payment Assistance Programs or lenders checks for programs based on criteria from each eligible Down Payment Assistance program or lender, availability of information needed to identify Down Payment Assistance programs, and other relevant factors.
Hoss Homes, LLC, DBA Home Down Payments will not be able to explain why you did or did not appear to match with any particular Down Payment Assistance Program or mortgage.
This is not a credit application and that, if you want to apply for a product, you will need to click through the prompts to complete and submit an application directly with that issuer or lender.
If you decide to proceed with a provider’s application process on their website, that provider may conduct a hard pull, which may affect your credit score.

Public Forums

Our Services may act as a conduit, through blogs, messaging, chat rooms, bulletin boards, and other forums (collectively, the “Forums”), allowing the users to contribute information and make statements (“User Generated Content”). Neither we nor our advertisers are involved in the actual transmission of User Generated Content provided for in the Forums. As a result, neither we nor our advertisers approve or endorse any User Generated Content in the Forums, and you further acknowledge and agree that neither we nor our advertisers have control over the User Generated Content submission’s quality, correctness, timeliness, safety, truth, accuracy or legality by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. It is neither our nor our advertisers’ responsibility to ensure all posts and questions submitted on the Forums are answered. Without limiting the generality of the foregoing, and although we do not regularly review User Generated Content provided for in the Forums. We expressly reserve the right in our sole discretion (but not the obligation) to remove or edit any and all User Generated Content in the Forums we deem inappropriate or inaccurate.

Immediately report problems with the Forums to us at [email protected]

Transmissions, Submissions, and Postings to our Services

If you transmit, submit, or post information to our Services that are not Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below). If you have obtained prior written permission from us to transmit, submit, or post information to our Services that are Federally trademarked and/or copyrighted, you automatically grant us and our assigns the worldwide, fully paid, royalty-free right to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content.

You shall not transmit, submit, or post the following to our Services:

Information that infringes our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;
Information that violates any law, statute, ordinance, or regulation;
Information that is trade libelous, threatening, harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or infringes on our or any third party’s rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots, or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
Information that is false, inaccurate, or misleading;
Commercial advertisements or solicitations without our express prior written permission; or
Federally trademarked and/or copyrighted information without our express prior written permission.

Although we do not regularly review your transmissions, submissions, or postings, we reserve the right (but not the obligation) to edit, refuse to post, or remove your transmissions, submissions, or postings. Under our Privacy Policy, we may review transmissions, submissions, or postings made by you to determine, in our sole discretion, your compliance with this Agreement.

You are solely responsible for all your transmissions, submissions, or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting, or posting them.

Our Intellectual Property Rights

Our names, graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without our express prior written permission. We make no proprietary claim to any third-party names, trademarks, or service marks appearing on our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.

The information, advice, data, software, and content viewable on, contained in, or downloadable from our Services (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, line art, icons, and renditions, are copyrighted by or otherwise licensed to, us or our Content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of the Content (the “Collective Work”). All software used on or within our Services (the “Software”) is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work, or the Software.

You are solely responsible for any damages resulting from your infringement of our or any third-party’s intellectual property rights regarding the Trademarks, the Content, the Collective Work, the Software, and/or any other harm incurred by us or our affiliates as a direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

We grant you a limited license to access, print, download, or otherwise make personal use of the Content and the Collective Work in the form of (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials about the foregoing manifestations of the Content and the Collective Work. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer the Content or the Collective Work to another person or entity.

Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication, or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without our prior written permission.

You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our prior written permission.

Access and Interference

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services. Notwithstanding the foregoing, we permit the operators of public search engines to use spiders to copy materials from our Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on our Services, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. Except as expressly permitted in this Agreement, you will not collect or harvest any personally identifiable information, including account names, from our Services. You will not use any communication systems provided on our Services (such as Forums or email) for any commercial or solicitation purposes. You will not solicit for commercial purposes any users of our Services without our prior written permission.

Electronic Communications

When you visit our Services or send an email to us, you are communicating with us electronically and thereby consent to receive communications from us electronically. Although we may communicate with you by regular mail, we may also choose to communicate with you by email or by posting notices on our Services. You further consent that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services, and other equipment or services needed to access and use our Services, and all costs and fees associated with Internet access or long-distance charges incurred as a result of your access and use of our Services.

Third-Party Links or Access

They may be provided on our Services links or access to other websites or mediums belonging to our advertisers, business partners, affiliates, Service Providers, and other third parties. For example, we may obtain your credit report from TransUnion or other credit reporting agencies. Such links and access do not constitute our endorsement of those third parties, nor the products or services of those third parties. We are not responsible for the activities or policies of those third parties. We are not responsible for examining or evaluating any third-party products or services and we do not warrant their offerings. We do not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider, or other third party on or through our Services are the best terms or lowest rates available in the market.

Mobile Devices

If we provide aspects of our Services via an application for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such application.

Copyright Infringement

It is our policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. We will, in our sole discretion and in appropriate circumstances, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ours and/or others.
Notifications (each a “Notification”) of claimed copyright infringement should be sent to [email protected].

Under Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:

A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
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
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.

Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and under Title 17, United States Code, Section 512:

We will remove or disable access to the material that is alleged infringement;
We will forward the Notification to the alleged infringer (“Subscriber”); and
We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.

Counter Notification

Under Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to our designated agent that includes substantially the following:

A physical or electronic signature of the Subscriber;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and under Title 17, United States Code, Section 512:

We will promptly provide the Complaining Party with a copy of the Counter Notification;
We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.

We Make No Representations or Warranties Regarding the Content

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED IN OR ASSOCIATED WITH OUR SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.

WE DO NOT MAKE AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS PROVIDED ON OR THROUGH OUR SERVICES.

WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.

The Content is intended only to assist you with financial decisions is broad in scope and does not consider your personal financial situation. Your personal financial situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, we recommend that you obtain additional information and advice from your accountant and other financial advisors who are fully aware of your circumstances.

Our Services are controlled and offered by us from our facilities in the United States of America. We make no representations that our Services are appropriate or available for use in other jurisdictions. If you access or use our Services from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Our Liability

NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR SHAREHOLDERS SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER-GENERATED CONTENT. ANY LEGAL ACTION COMPTILPLATED AS A RESUT THIRD-PARTY MISCONDUCT IS YOUR RESPONSIBILITY.

YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ALLEGEDLY OCCURRS. FAILUE TO COMMENCE, SUCH CAUSE OF ACTION WITHIN THAT ONE (1) YEAR EVENT IS PERMANENTLY BARRED.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

If any limitation on the time for bringing an action, claim, dispute, or proceeding against us, located in this “Limitations on Our Liability” section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of New York shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration.

Your Indemnification of Us

You shall defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, disbursements arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by us; (iii) your access or use of our Services; (iv) access or use of our Services under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.

Amendments of this Agreement

We reserve the right to update, amend, and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Our Remedies

You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of Nassau County, New York, or the United States District Court, District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure, or local rules.

Legal Disputes

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions as stated in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

Applicable Law

You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.

Arbitration/Class Waiver Clauses

You and we each agree to resolve resolve through final and binding arbitration all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).

1.1 You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the \Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org.

The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, provided that the small claims court has jurusdiction over the subject matter.

1.2 The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.

1.3 You and we agree that each of us may bring a Dispute against the other only on our behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we expressly agree, if we are a party to a proceeding, not to participate in a class action, or a class-wide arbitration, or a claim commenced by private attorney or an Attorney General or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.

1.4 If the prohibition against class actions and other claims brought on behalf of third parties contained in Section 1.3, above, is found to be unenforceable, then all of Section 1 will be null and void as to that Dispute.

1.5 This Agreement to Arbitrate will survive the termination of your relationship with us. And is binding upon your heirs, fiduciaries and assigns.

2. Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, and if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen or may arise, between you and us must be resolved exclusively by a state or federal court located in Nassau County, New York. You and we agree to submit to the personal jurisdiction and the laws and regulations of the State of New York.

3. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us before the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations, and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of this Agreement and supersede all other previous oral, memorandums of terms and/or written agreements, understandings, and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at [email protected].

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