Terms and Conditions
Effective Date: March 1, 2019
This Site is provided for your and others’ personal, non-commercial use, subject to these Terms and Conditions of use and all modifications thereto, and any other rules or guidelines, including (without limitation) any sweepstakes rules that may be published from time to time on this Site. We reserve the right to modify the Site and any element thereof from time to time, for any reason without notice. You should check these Terms and Conditions periodically for changes, as we also reserve the right to modify them at any time. The date of the current version of these Terms and Conditions is noted above. Your use of the Site following any modifications to these Terms and Conditions shall be deemed to be your assent to any such modifications.
Conditions for Use of the Site
As a condition to your visit and use of the Site, you represent and warrant that:
Site Terms and Conditions
To provide notice of alleged copyright infringement on this Site, please see the DMCA Notification Guidelines.
Compliance With Law
By visiting this Site or participating in games and activities on the Site, you agree to comply with all relevant local, state, provincial, and federal laws and/or regulations that may be applicable to your visitation and/or participation.
Third Party Content/Promotions, Third Party Products, and Third Party Site Activities
The Site may display and make available content, promotions, advertisements, and offers provided by third parties, including the Partners (‘Third Party Promotions’), as well as goods and services offered by third parties, including the Partners (‘Third Party Products’). You understand and agree that we shall not be responsible and shall have no liability for any Third Party Promotions or Third Party Products or for your activities on any third party sites for whom we display offers (‘Third Party Site Activity’), and that you participate in or choose to click on a Third Party Promotion, purchase and/or use a Third Party Product, or participate in a Third Party Site Activity solely at your own risk. You agree that your sole remedy in connection with any Third Party Promotion, Third Party Product or Third Party Site Activity will be through the applicable third party offering the Third Party Promotion, Third Party Product or Third Party Site Activity, and that you shall have no remedy against us arising from your use of (or participation in), or inability to use (or participate in), any Third Party Promotion, Third Party Product or Third Party Site Activity.
Intellectual Property Rights
The Site contains intellectual property owned by us and other parties. As between us and you, we are the sole owner of the Site and all materials on or available through the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the ‘Site Content’).
Except as otherwise specifically provided in these Terms and Conditions, you may not download or save a copy of the Site content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of the Site content solely for your personal, non-commercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Site content unless you first obtain prior written consent from us and from any other entities with an interest in the relevant intellectual property. To seek our permission, you may write to us at the address provided below. Any unauthorized attempt to modify any Site content, to defeat or circumvent our security features, or to utilize this Site for other than its intended purposes is strictly prohibited.
You may be able to link to third parties’ Web sites (‘Linked Sites’) from the Site. Linked Sites are not, however, reviewed, controlled or examined by us in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. Except as otherwise noted on the Site, these links do not imply our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate rules and guidelines, if any, applicable to the use of the Linked Sites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of links to the Linked Sites, the Linked Sites themselves, your participation in activities on such Linked Sites, or the information, material, products or services accessed through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links.
Other sites may link to the Site only through a plain-text link. Permission must be granted by us for any other type of link. To seek our permission, you may write to us at the address provided below. We reserve the right, however, to deny or rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at our discretion, at any time.
Any notes, postings, ideas, suggestions, concepts, or other material submitted through this Site via e-mail or any means that we may create or provide in the future will become our property throughout the world and we shall be entitled (without any obligation to compensate any party) to use such material in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us, it is original with you, accurate and does not violate (and its use will not violate) the rights of any third party or any applicable law or ordinance.
Authorization/Consent for Methods of Communications
This confirms your authorization and consent for us (or our agents) to communicate with you (including through automated means, such as autodialing, text and pre-recorded messaging) by telephone, cellular phone, email or text message (including SMS and MMS), even if your telephone number is currently listed on any state, federal or corporate Do Not Call list. This authorization may be revoked by you at any time, but it shall remain in effect until you notify us that this authorization is revoked.
SMS subscribers can expect to receive no more than 60 SMS per month from us. SMS communications work with the following carriers: AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Msg&Data Rates May Apply. SMS Content sent by us will include benefits and resources pertinent to the individual subscriber. Subscribers can text HELP to any message received from us for help, Text STOP to any message received from us to be removed from the program. T-Mobile® is not liable for delayed or undelivered messages.
Infringement and Regulatory Complaints
We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using this Site in violation of any applicable federal, state, or local laws.
Disclaimer of Warranties
Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of the Site or by any of the equipment or programming associated with or utilized in connection with the Site or the products or services provided on or through the Site, or by any technical or human error which may occur in the processing of information received by us. We assume no responsibly for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Site. We arenot responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to participants or to any other person’s computer related to or resulting from use of the Site or Site Content.
THIS SITE, INCLUDING THE SITE CONTENT IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE SITE, AND THE SITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOUSING-AID.COM DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR THE SITE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
Limitation of Liability
IN NO EVENT WILL WE, OUR PARENTS, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE OR SITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR THE SITE CONTENT.
You agree to defend, indemnify and hold us, our parents, subsidiaries, partners, agents, affiliates, licensors, advertisers, successors and assigns and their respective officers, directors, employees and shareholders harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from, in connection with or as a result of your use or inability to use the Site and or Site Content, any information provided to you by the Site, or any violation of these Terms and Conditions by you.
YOU HEREBY EXPRESSLY AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES, INCLUDING, FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES ‘A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.’
Arbitration of Disputes
You agree that any disputes or claims between us, including our successors and assigns and our Affiliates, third party subcontractors and/or agents, arising out of or relating to the Site, these Terms and Conditions or the services to be provided thereunder (whether based in contract, tort, statute, fraud, equitable relief, misrepresentation or any other legal theory including state and federal statutory claims), at the option of either party, shall be resolved exclusively by neutral binding arbitration conducted and administered by a single arbitrator by and under the applicable rules of the American Arbitration Association (“AAA”). See www.adr.org for additional information regarding the AAA. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. The arbitrator shall be selected in accordance with the applicable AAA rules. The arbitration hearing shall be conducted in the federal district in which you reside. In all arbitrations, each party will bear its own expenses, unless allocated differently in the discretion of the arbitrator. The parties and their respective successors and assigns retain the right to seek provisional remedies from a court, pending final determination of the dispute by the arbitrator. Any arbitration must be brought within the applicable statute of limitations or statute of repose period. If any part of this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration clause shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If the entire arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or Site content must be filed within one (1) year after the accrual of such claim or cause of action, or forever be barred.
All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced. These Terms and Conditions constitute the entire agreement between the parties hereto, and supercede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate these Terms and Conditions and/or to terminate your access to and ability to use the Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.