In consideration of your use of Home Owners Circle, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place arising from the use of your account.Proprietary Rights in Site Content
The Home Owners Circle logo and any Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in Canada, the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.Use of Site
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use Home Owners Circle to:
a)harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
b)use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
c)use automated scripts to collect information from or otherwise interact with the Service or the Site;
d)upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
e)register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
f)impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
g)upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
h)solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
i)upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j)intimidate or harass another user;
k)upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
l)use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
m)upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Home Owners Circle, the Home Owners Circle affiliates, users and the public.
You are solely responsible for your interactions with other members. Home Owners Circle reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate or suspend your account if Home Owners Circle determines, in its sole discretion, that doing so is prudent.User Content Posted on the Site
You are solely responsible for information and content that you upload, publish or display (hereinafter, "post") on or through Home Owners Circle, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site or networks affiliated with the Company. By posting User Content to any part of Home Owners Circle, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Home Owners Circle or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that the Company may retain archived copies of your User Content.
It is hereby specifically acknowledged by the user that Home Owners Circle is a social network and does not provide any assurances as to the accuracy of any information posted by its users. Moreover, Home Owners Circle is not liable for the accuracy or content of the information that is provided by Home Owners Circle or its or users. Any information obtained from Home Owners Circle or its users, is to be used exclusively at the recipient's own risk. Without limiting the generality of the above Home Owners Circle provides no assurances or warranties in respect to the use of or reliance upon any information that Home Owners Circle or its users provide. By furnishing information, Home Owners Circle does not grant any licenses, copyrights, patents or any other intellectual property rights. Any product or service is obtained from Home Owners Circle is provided on an "as is" basis without any warranties whatsoever, express or implied, and the use of that product or service is at your own risk. Home Owners Circle is also not responsible in law for any comments or opinions expressed by any of its users at the Home Owners Circle website. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors. Home Owners Circle may make improvements and/or changes in the products and information without notice. Home Owners Circle specifically reserves the right to cancel a user's membership or restrict the use of the site by any user in its sole discretion and without cause.Global Availability
Information published by Home Owners Circle on the World Wide Web may contain references or cross references to Home Owners Circle products, programs or services that may not be available in your country. Such references do not imply that Home Owners Circle intends to announce such products, programs or services in your country or that such products or services will ever be available in your country.Home Owners Circle Links
Home Owners Circle makes no representations whatsoever about any other Web site which you may link or access through from Home Owners Circle. When you access a non-Home Owners Circle Web site, even one that may contain the Home Owners Circle-logo, it is independent from Home Owners Circle and Home Owners Circle has no control over the content of that Web site. Any link to a non-Home Owners Circle Web site is not an indication that Home Owners Circle endorses or accepts any responsibility for the content or the use of such Web site. Home Owners Circle does not warranty the safe use of any site which is linked to or accessible from Home Owners Circle. The user acknowledges that they must take adequate precautions to ensure that any links, programs or websites accessed from or at Home Owners Circle is free of viruses, worms, trojan horses or anything which may be harmful to your security or your computer.
Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Home Owners Circle does not assume any responsibility for the infringement of or conflict with any other agreements to which the user may be a party. Home Owners Circle is not liable and shall be held harmless to the extent that the use of the Home Owners Circle website may be in conflict with or an infringement of any other agreements to which the user may be a party. The user has agreed to the terms of this agreement and the use of the Home Owners Circle website without any inducement from Home Owners Circle whatsoever. The user agrees to hold harmless and indemnify Home Owners Circle from any claims that Home Owners Circle may have induced the user to use the services provided by this website and the user assumes full responsibility and any liability which may arise due to any use of this website which may be in conflict with or an infringement of any other agreements which the user may be a party to.User Disputes
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with Home Owners Circle, whether posted or caused by users of the Site, by Home Owners Circle, by third parties or by any of the equipment or programming associated with or utilized by Home Owners Circle.
Home Owners Circle does not control and are not responsible for what users post, transmit or share on the Home Owners Circle website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Home Owners Circle Website or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Home Owners Circle is not responsible, and makes no representations or warranties for the delivery of any messages , content of sales leads, business leads or other user generated content (such as messages, posting of answers or transmission of any other user generated content) sent through linked in to anyone. In addition, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.
Home Owners Circle does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Home Owners Circle declines all liability for identity theft or any other misuse of your identity or information.
THE SITE, THE SERVICE ,ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.Limitation on Liability
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY HOME OWNERS CIRCLE OR ANYTHING RELATED TO HOME OWNERS CIRCLE YOU MAY EMAIL HOME OWNERS CIRCLE AT DEACTIVATE@SALESPIDER.COM TO DELETE YOUR ACCOUNT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $100.00. YOU ACKNOWLEDGE FURTHER THAT IF NO FEES ARE PAID TO COMPANY THAT YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.Termination
The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.Governing Law; Venue and Jurisdiction
In consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties hereto agree as follows:
1. You, and the legal entity to which you represent, if any (collectively referred to as "you"), agree to be bound by all of the terms of this agreement including the above and any additional terms.
2. You acknowledge and agree that neither Home Owners Circle nor any other person has made any representation to you relating to compensation payable by Home Owners Circle to you under this Agreement or for your use of the Home Owners Circle website. You further covenant and agree that you will not make any representations to any other person relating to compensation or commissions payable by Home Owners Circle to you under this Agreement or for their use of Home Owners Circle.
4. You have and will not contravene any non-competition agreement, non-solicitation agreement, confidentiality agreement, employment agreement or other agreement with your employer or with any other person to which you are a party, nor shall you contravene any of the policy or rules of your employer.
5. You have not and will not provide any data, content or information to Home Owners Circle that infringes any Intellectual Property Right of any other party and you shall have the sole responsibility for any infringement of any Intellectual Property Right of any third party in respect of all or any part of the Data. For the purposes of this Agreement, an "Intellectual Property Right" includes any right or protection existing from time to time in a specific jurisdiction, whether registered or not, under any intellectual property law including patent or invention law, copyright or moral rights law, privacy, confidential information law, trademark law, or other similar laws and includes legislation by competent governmental authorities and judicial decisions under common law or equity.
6. You will not harass another person or interfere with another person's use of Home Owners Circle.
7. You hereby grant to Home Owners Circle an irrevocable, non-exclusive, perpetual, royalty-free and worldwide license to access, reproduce, distribute, publicly display, and otherwise use the Data and all Intellectual Property Rights therein for Home Owners Circle's own purposes and for the purposes of the Home Owners Circle System, together with the rights to sublicense such rights to the Data to other parties who utilize the Home Owners Circle System.
8. You represent and warrant to Home Owners Circle and acknowledge that Home Owners Circle is relying on such representations and warranties that any and all data inputted by you into the Home Owners Circle System is either owned by or proprietary to you or that you have all necessary consents, licenses, rights and waivers, to grant the license to use the Data and all Intellectual Property Rights therein as set out above.
9. You hereby consent to the disclosure and use of such Data by Home Owners Circle.
10. You hereby acknowledge that Home Owners Circle reserves the right to refuse membership or terminate membership at its sole discretion.
11. You hereby acknowledge that Home Owners Circle reserves the right to review and to edit, in whole or in part, any posts submitted by members if, in the sole discretion of Home Owners Circle, the posting as submitted by the member is inappropriate , offensive, false or misleading or otherwise fails to meet the standards of Home Owners Circle. If taxes of any sort (other than taxes based solely on the net income of Home Owners Circle), including goods and services taxes, sales taxes, value added taxes, assessments, charges, levies, duties and export taxes, are imposed by any taxing authority (including federal, state, provincial, local or other governmental agencies or bodies), in respect of any amounts payable hereunder, such taxes shall be paid by, and shall be the sole responsibility of you.
12. You are responsible for all of your own expenses in connection with your performance of this Agreement.
13. The term of this Agreement shall begin on the date that you confirm your acceptance by clicking the "Sign Up Now!" button and shall continue until terminated by either party. Home Owners Circle may terminate this Agreement in its sole discretion, without reason or cause and without notice to you. Any such termination by Home Owners Circle shall be in addition to and without prejudice to such rights and remedies as may be available to Home Owners Circle. Upon termination of this Agreement for any reason whatsoever, you shall thereafter refrain from accessing, browsing or otherwise using the Home Owners Circle System or Data provided therein. Home Owners Circle shall not, by reason of the termination of this Agreement be liable to you for compensation, reimbursement or damages.
15. You agree not to furnish any person, user or entity any warranties, undertakings or guarantees of any nature whatsoever which may involve the responsibility or liability of Home Owners Circle. This Agreement does not and shall not be construed to create any partnership or agency whatsoever as between you and Home Owners Circle.
16. Notwithstanding any other provision of this Agreement, if by reason of Force Majeure, either party is wholly or partly unable to perform certain of its obligations under this Agreement, it shall be relieved of those obligations to the extent, and for the period, that it is affected by Force Majeure, provided that the affected party gives the other party prompt notice of such inability and nature, cause and expected duration of the Force Majeure. For the purposes of this Agreement, "Force Majeure" means an event, the cause of which is beyond the reasonable control of the party affected thereby and which could not reasonably have been foreseen and provided against.
17. Any claim, dispute, or controversy of whatever nature arising out of or relating to this Agreement and any of the documents contemplated by or delivered under or in connection with this Agreement shall be governed by and construed under the laws of the Province of Ontario, Canada without giving effect to any choice of law principles that would require the application of the laws of a different state and or province, and shall be brought exclusively in a court of competent jurisdiction, federal or state or provincial, located with the Province of Ontario, City of Toronto. The parties hereby consent to personal jurisdiction and venue in, and agree to services of process issued or authorized by, such court.
18. This Agreement (including the documents and instruments referred to herein or therein and the schedules and exhibits hereto or thereto) constitutes the entirety of the agreement between Home Owners Circle and the user and supersedes all prior representations, arrangements, negotiations, understandings and agreements, if any , between the parties.
19. You agree that Home Owners Circle may change, amend or replace all or any part of this Agreement at any time, that such changes, amendments or replacements shall be effective as of the time of posting of the changes, amendments or replacements to the website. Home Owners Circle will provide notice on the website of any material changes made to this Agreement and your continued use of the Home Owners Circle System after the time of posting of such notice will constitute evidence of your acceptance of the changed, amended or replaced Agreement. Otherwise, no change, modification, extension, termination, waiver or other amendment of this Agreement or any of the provisions contained herein, shall be valid unless made in writing and signed by a duly authorized representative of each party. No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be construed as a further or continuing waiver of any such term, provision, or condition of this Agreement unless reduced to writing signed by an authorized representative of each party.
20. Time is of the essence.
21. You shall not assign this Agreement in whole or in part without Home Owners Circle's approval. Notwithstanding anything else in this Agreement, Home Owners Circle may assign its interest in this Agreement to an affiliate of Home Owners Circle or to any entity with which it may merge or consolidate or which acquires substantially all of its business. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns.
22. Notices shall be delivered to Home Owners Circle at 101 Duncan Mill, Suite 405, Toronto, Ontario, M3B 1Z3. Home Owners Circle may provide you notice or change its address for purposes of this Agreement by posting its address at this website. You shall be solely responsible for ensuring that Home Owners Circle is provided with your current address from time to time and Home Owners Circle may rely on the last address provided by you to Home Owners Circle for such purposes. For clarity, written notice shall include notice by e-mail or other electronic means.
IN WITNESS WHEREOF the parties hereto have agreed to be bound by this Agreement effective as at the date that you confirm your acceptance by checking the "I AGREE" checkbox.