Houced.com
Website
Terms of Use
Last Modified: April 13, 2015
Acceptance of the Terms of Use
Welcome to the website of EA3
Solutions, LLC ("Company", "we" or "us").
The following terms and conditions (these "
Terms of
Use
"), govern your access to and use of Houced.com, including any
content, functionality and services offered on or through Houced.com (the
"Website").
Please read the Terms of
Use carefully before you start to use the Website.
By using the, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Policy, incorporated herein by reference.
If you do
not want to agree to these Terms of Use or the Privacy Policy, you must not
access or use the Website.
Changes to the Terms of Use
We may revise and update
these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them.
Your continued use of the
Website following the posting of revised Terms of Use means that you accept and
agree to the changes. You are expected to check this page each time you access
this Website so you are aware of any changes, as they are binding on you.
Accessing the Website and
Account Security
We reserve the right to
withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for
any reason all or any part of the Website is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of the Website,
or the entire Website, to users, including registered users.
You are responsible for:
·
Making all arrangements
necessary for you to have access to the Website.
·
Ensuring that all persons
who access the Website through your internet connection or subscription account
are aware of these Terms of Use and comply with them.
To access the Website or
some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the
Website that all the information you provide on the Website is correct, current
and complete. You agree that all information you provide to register with this
Website or otherwise, including but not limited to through the use of any
interactive features on the Website, is governed by our Privacy Policy, and you
consent to all actions we take with respect to your information consistent with
our Privacy Policy.
If you choose, or are
provided with, a user name, password or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to this Website or portions of it using your user
name, password or other security information. You agree to notify us
immediately of any unauthorized access to or use of your user name or password
or any other breach of security. You also agree to ensure that you exit from
your account at the end of each session. You should use particular caution when
accessing your account from a public or shared computer so that others are not
able to view or record your password or other personal information.
We have the right to
disable any user name, password or other identifier, whether chosen by you or
provided by us, at any if, in our opinion, you have violated any provision of
these Terms of Use.
Intellectual Property Rights
The Website and its entire
contents, features and functionality (including but not limited to all
information, software, text, displays, images, video and audio, and the design,
selection and arrangement thereof), are owned by the Company, its licensors or
other providers of such material and are protected by United States and
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
These Terms of Use permit
you to use the Website for your personal, non-commercial use only. You must not
reproduce, distribute, modify, create derivative works of, publicly display,
publicly perform, republish, download, store or transmit any of the material on
our Website, except as follows:
·
Your computer may
temporarily store copies of such materials in RAM incidental to your accessing
and viewing those materials.
·
You may store files that
are automatically cached by your Web browser for display enhancement purposes.
·
You may print one copy of a
reasonable number of pages of the Website for your own personal, non-commercial
use and not for further reproduction, publication or distribution.
·
If we provide desktop,
mobile or other applications for download, you may download a single copy to
your computer or mobile device solely for your own personal, non-commercial
use, provided you agree to be bound by our end user license agreement for such
applications.
You must not:
·
Modify copies of any
materials from this site.
·
Use any illustrations,
photographs, video or audio sequences or any graphics separately from the
accompanying text.
·
Delete or alter any
copyright, trademark or other proprietary rights notices from copies of
materials from this site.
You must not access or use
for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy, modify,
download or otherwise use or provide any other person with access to any part
of the Website in breach of the Terms of Use, your right to use the Website
will cease immediately and you must, at our option, return or destroy any
copies of the materials you have made. No right, title or interest in or to the
Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Website not
expressly permitted by these Terms of Use is a breach of these Terms of Use and
may violate copyright, trademark and other laws.
Prohibited Uses
You may use the Website
only for lawful purposes and in accordance with these Terms of Use. You agree
not to use the Website:
·
In any way that violates
any applicable federal, state, local or international law or regulation
(including, without limitation, any laws regarding the export of data or
software to and from the US or other countries).
·
For the purpose of
exploiting, harming or attempting to exploit or harm minors in any way by
exposing them to inappropriate content, asking for personally identifiable
information or otherwise.
·
To send, knowingly receive,
upload, download, use or re-use any material which does not comply with the
Content Standards set out in these Terms of Use.
·
To transmit, or procure the
sending of, any advertising or promotional material, including any "junk
mail", "chain letter" or "spam" or any other similar
solicitation.
·
To impersonate or attempt
to impersonate the Company, a Company employee, another user or any other
person or entity (including, without limitation, by using e-mail addresses or
screen names associated with any of the foregoing).
·
To engage in any other
conduct that restricts or inhibits anyone's use or enjoyment of the Website, or
which, as determined by us, may harm the Company or users of the Website or
expose them to liability.
Additionally, you agree not
to:
·
Use the Website in any
manner that could disable, overburden, damage, or impair the site or interfere
with any other party's use of the Website, including their ability to engage in
real time activities through the Website.
·
Use any robot, spider or
other automatic device, process or means to access the Website for any purpose,
including monitoring or copying any of the material on the Website.
·
Use any manual process to
monitor or copy any of the material on the Website or for any other
unauthorized purpose without our prior written consent.
·
Use any device, software or
routine that interferes with the proper working of the Website.
·
Introduce any viruses,
trojan horses, worms, logic bombs or other material which is malicious or
technologically harmful.
·
Attempt to gain
unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or
database connected to the Website.
·
Attack the Website via a
denial-of-service attack or a distributed denial-of-service attack.
·
Otherwise attempt to
interfere with the proper working of the Website.
User Contributions
The Website may contain
message boards, chat rooms, personal web pages or profiles, forums, bulletin
boards, email messages, and other interactive features (collectively, "Interactive Services") that allow users to post,
submit, publish, display or transmit to other users or other persons
(hereinafter, "post") content or materials
(collectively, "User Contributions") on or
through the Website.
All User Contributions must comply with the Content
Standards set out in these Terms of Use.
Any User Contribution you post to the site will be
considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and our affiliates and service providers,
and each of their licensees, successors and assigns the right to use,
reproduce, modify, perform, display, distribute and otherwise disclose to third
parties any such material for any purpose.
You represent and warrant
that:
·
You own or control all
rights in and to the User Contributions and have the right to grant the license
granted above to us and our licensees, successors and assigns.
·
All of your User
Contributions do and will comply with these Terms of Use.
You understand and
acknowledge that you are responsible for any User Contributions you submit or
contribute, and you, not the Company, have fully responsibility for such
content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third
party, for the content or accuracy of any User Contributions posted by you or
any other user of the Website.
Monitoring and Enforcement;
Termination
We have the right to:
·
Remove or refuse to post
any User Contributions for any or no reason in our sole discretion.
·
Take any action with
respect to any User Contribution that we deem necessary or appropriate in our
sole discretion, including if we believe that such User Contribution violates
the Terms of Use, including the Content Standards, infringes any intellectual
property right or other right of any person or entity, threatens the personal
safety of users of the Website or the public or could create liability for the
Company.
·
Disclose your identity or
other information about you to any third party who claims that material posted
by you violates their rights, including their intellectual property rights or
their right to privacy.
·
Take appropriate legal
action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
·
Terminate or suspend your
access to all or part of the Website for any or no reason, including without
limitation, any violation of these Terms of Use.
Without limiting the
foregoing, we have the right to fully cooperate with any law enforcement
authorities or court order requesting or directing us to disclose the identity
or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND
SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE
FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY
ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW
ENFORCEMENT AUTHORITIES.
However, we cannot review all
material before it is posted on the Website, and cannot ensure prompt removal
of objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications or
content provided by any user or third party. We have no liability or responsibility
to anyone for performance or nonperformance of the activities described in this
section.
Content Standards
These content standards
apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state,
local and international laws and regulations. Without limiting the foregoing,
User Contributions must not:
·
Contain any material which
is defamatory, obscene, indecent, abusive, offensive, harassing, violent,
hateful, inflammatory or otherwise objectionable.
·
Promote sexually explicit
or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation or age.
·
Infringe any patent,
trademark, trade secret, copyright or other intellectual property or other
rights of any other person.
·
Violate the legal rights
(including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under
applicable laws or regulations or that otherwise may be in conflict with these
Terms of Use and our Privacy Policy.
·
Be likely to deceive any
person.
·
Promote any illegal
activity, or advocate, promote or assist any unlawful act.
·
Cause annoyance,
inconvenience or needless anxiety or be likely to upset, embarrass, alarm or
annoy any other person.
·
Impersonate any person, or
misrepresent your identity or affiliation with any person or organization.
·
Involve commercial
activities or sales, such as contests, sweepstakes and other sales promotions,
barter or advertising.
·
Give the impression that
they emanate from or are endorsed by us or any other person or entity, if this
is not the case.
Copyright Infringement
If you believe that any
User Contributions violate your copyright, please see our Copyright Policy for
instructions on sending us a notice of copyright infringement. It is the policy
of the Company to terminate the user accounts of repeat infringers.
Reliance on Information
Posted
The information presented
on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness or usefulness of this
information. Any reliance you place on such information is strictly at your own
risk. We disclaim all liability and responsibility arising from any reliance
placed on such materials by you or any other visitor to the Website, or by
anyone who may be informed of any of its contents.
This Website may include content
provided by third parties, including materials provided by other users,
bloggers and third-party licensors, syndicators, aggregators and/or reporting
services. All statements and/or opinions expressed in these materials, and all
articles and responses to questions and other content, other than the content
provided by the Company, are solely the opinions and the responsibility of the
person or entity providing those materials. These materials do not necessarily
reflect the opinion of the Company. We are not responsible, or liable to you or
any third party, for the content or accuracy of any materials provided by any
third parties.
Changes to the Website
We may update the content
on this Website from time to time, but its content is not necessarily complete
or up-to-date. Any of the material on the Website may be out of date at any
given time, and we are under no obligation to update such material.
Information About You and
Your Visits to the Website
All information we collect
on this Website is subject to our Privacy Policy.By using the Website, you consent to all
actions taken by us with respect to your information in compliance with the
Privacy Policy.
Linking to the Website and
Social Media Features
You may link to our
homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part without our express written consent.
This Website may provide
certain social media features that enable you to:
·
Link from your own or
certain third-party websites to certain content on this Website.
·
Send e-mails or other
communications with certain content, or links to certain content, on this
Website.
·
Cause limited portions of
content on this Website to be displayed or appear to be displayed on your own
or certain third-party websites.
You may use these features
solely as they are provided by us and solely with respect to the content they
are displayed with, you must not:
·
Establish a link from any
website that is not owned by you.
·
Cause the Website or
portions of it to be displayed, or appear to be displayed by, for example,
framing, deep linking or in-line linking, on any other site.
·
Link to any part of the
Website other than the homepage.
·
Otherwise take any action
with respect to the materials on this Website that is inconsistent with any
other provision of these Terms of Use.
The website from which you
are linking, or on which you make certain content accessible, must comply in
all respects with the Content Standards set out in these Terms of Use
You agree to cooperate with
us in causing any unauthorized framing or linking immediately to cease. We
reserve the right to withdraw linking permission without notice.
We may disable all or any
social media features and any links at any time without notice in our
discretion.
Links from the Website
If the Website contains
links to other sites and resources provided by third parties, these links are
provided for your convenience only. This includes links contained in
advertisements, including banner advertisements and sponsored links. We have no
control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them. If you decide to access any of the third party websites linked to this
Website, you do so entirely at your own risk and subject to the terms and
conditions of use for such websites.
Geographic Restrictions
The owner of the Website is
based in the Commonwealth of Virginia in the United States. We provide this
Website for use only by persons located in the United States. We make no claims
that the Website or any of its content is accessible or appropriate outside of
the United States. Access to the Website may not be legal by certain persons or
in certain countries. If you access the Website from outside the United States,
you do so on your own initiative and are responsible for compliance with local
laws.
Disclaimer of Warranties
You understand that we
cannot and do not guarantee or warrant that files available for downloading
from the internet or the Website will be free of viruses or other destructive
code. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for anti-virus protection
and accuracy of data input and output, and for maintaining a means external to
our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE,
ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR
OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH
THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE
MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT
AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE
COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO
USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH
OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,
LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF
DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT
AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend,
indemnify and hold harmless the Company, its affiliates, licensors and service
providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys' fees) arising out of or
relating to your violation of these Terms of Use or your use of the Website,
including, but not limited to, your User Contributions, any use of the
Website's content, services and products other than as expressly authorized in
these Terms of Use or your use of any information obtained from the Website.
Governing Law and
Jurisdiction
All matters relating to the
Website and these Terms of Use and any dispute or claim arising therefrom or
related thereto (in each case, including non-contractual disputes or claims),
shall be governed by and construed in accordance with the internal laws of the Commonwealth
of Virginia without giving effect to any choice or conflict of law provision or
rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action or
proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or
the courts of the Commonwealth of Virginia, in each case located in the City of
Alexandria. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
Waiver and Severability
No waiver of by the Company
of any term or condition set forth in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other
term or condition, and any failure of the Company to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right
or provision.
If any provision of these
Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal or unenforceable for any reason, such provision shall be
eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, the
Subscription Terms, and our Privacy Policy constitute the sole and entire
agreement between you and EA3 Solutions, LLC, with respect to the Website and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Website.
Your Comments and Concerns
This website is operated by
EA3 Solutions, LLC.
All notices of copyright
infringement claims should be sent to the copyright agent designated in our
Copyright Policy in the manner and by the means set forth therein.
All other feedback,
comments, requests for technical support and other communications relating to
the Website should be directed to: info@houced.com.
Thank you for visiting the
Website.
