This following Agreement Terms and Conditions governs the access to your access and usage of the services (the "Online Services") and the materials available therein ("Materials").
Please read this Agreement carefully before accessing or using the Online Services and the Materials. By accessing or using the Online Services and Materials, you agree to be bound by the Terms and Conditions set forth below. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Online Services and Materials. If you don't have the legal authority to bind, please press the "I do not accept" button below. If you utilize the Online Services in a manner inconsistent with these Terms and Conditions, improvmyhome.com (the “Company”) may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. The Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Online Services and Materials shall be deemed your conclusive acceptance of the modified Agreement.
1.1 By utilizing the Online Services or Materials, you acknowledge you have agreed to receive electronic mail, telephone calls, postal mail, and other communications from the Company, its agents, affiliates, independent contractors, successors, and assigns. You agree the Company may contact you with regard to these Terms and Conditions, the Online Services and Materials, opportunities in which you may be interested, and other related purposes.
1.2 When using the Online Services or Materials, you may be prompted to disclose certain information about yourself ("Personal Information"). Your use of the Online Services or Materials indicates your express consent for the Company to use and disclose your Personal Information in accordance with the Company's Privacy Policy.
2.1 These Terms contain a Mandatory Arbitration Provision below that requires you to arbitrate individually any disputes or claims you may have with us and our affiliates, advertiser clients and marketing partners (collectively, “Marketing Partners”) who are third party beneficiaries of the Mandatory Arbitration Provision. For example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims you may have regarding any telemarketing or SMS/text messages you receive are subject to the Mandatory Arbitration Provision. The Mandatory Arbitration Provision also waives your right to participate in a class action or multi-party arbitration. You may opt-out of the mandatory arbitration provision by providing written notice of your decision within thirty (30) days of the date that you first register on homesuresolutions.com
3.1 Except for distributions in compliance with these Terms and Conditions, you may not distribute any Materials, Online Services, or software associated with or derived from it, modify, copy, license, or create derivative works from the same, unless you obtain the Company's express written permission in advance.
3.2 You are granted a nonexclusive,
nontransferable, limited license to access and use the Online Services and Materials
from time to time made available to
This license includes:
3.3 Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing, or using Materials. You may not print or download any online Materials without using the printing or downloading commands of the Online Services.
3.4 All rights, titles, and interests (including all copyrights and other intellectual property rights) in the Online Services and Materials (in both print and machine-readable forms) belong to the Covered Party. You acquire no proprietary interest in the Online Services, Materials, or copies thereof.
3.5 Except as specifically provided herein, you may not use the Online Services or Materials in any fashion that infringes the copyrights or proprietary interests therein.
3.6 You may not remove or obscure the copyright notice or other notices contained in Materials.
4.1 Only subscribers of the Materials may
access and use the Online
Services.
4.2 You may not use an identification number to
access the Online Services from outside
the country for which it was issued.
4.3 You may be restricted from accessing certain
Materials otherwise available in the
Online Services.
4.4 Materials and features may be added to or
withdrawn from the Online Services
5.1 The Company represents and warrants it has the
right and authority to make the
Online Services and Materials available pursuant to these Terms and Conditions.
5.2 The Company represents and warrants it shall
take all necessary steps to comply with
the CAN SPAM Act of 2003 (as the same is amended from time to time) and any and all
other applicable laws with respect to advertising and marketing.
5.3 The Company and its affiliates, officers,
directors, employees, subcontractors,
agents, successors, or assigns, make no representations or warranty, express or implied,
as to the accuracy, earnings claims, content, and advertising materials on its web sites
or in the Materials. In the event that any advertisement is inaccurate, your sole remedy
is for the Company to remedy such inaccuracy within fifteen (15) working days of it
being notified of the inaccuracy. You understand and agree that the online content and
advertising copy therein solely represents hypothetical examples and does not in any way
guaranty income, revenue, or performance of the Online Services and Materials and does
not in any way represent explicit or implicit earnings claims for the user.
5.4 The content, claims, and representations of
independent third-party testimonials
from users of the Online Services and Materials is not subject to Company's prior
approval and no representation or warranty is given by the Company to the accuracy of
such testimonials. The Company does not undertake to review the contents of any
testimonials and any such review of, and approval by, the Company shall not be deemed to
constitute an acceptance by the Company that such testimonial is provided in accordance
with the Terms of the Agreement, nor shall it constitute a waiver of the its rights
hereunder. You understand and agree that the online content, claims, and representations
of such third party testimonials does not in any way guaranty income, revenue, or
performance of the Online Services and Materials and does not in any way represent
explicit or implicit earnings claims by the Company for the user.
5.5 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION
5, THE ONLINE SERVICES AND MATERIALS
ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE PROVIDER OF THE ONLINE SERVICES
AND EACH THIRD PARTY SUPPLIER OF MATERIALS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT
PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
6.1 Any buyer, customer, end user, consumer or any
other party that utilizes the Online
Services or Materials in any way (the "Customer") represents and warrants that the
Customer will not utilize the Online Services or Materials in such a fashion that will
violate any law, statute, ordinance, or regulation, including, without limitation, false
or deceptive advertising laws or the CAN SPAM Act of 2003 (as the same is amended from
time to time).
6.2 The Customer represents and warrants that the
Customer will not utilize the Online
Services or Materials to infringe on any third party's copyright, patent, trademark,
trade secret, or other proprietary rights.
6.3 The Customer represents and warrants that the
Customer will not utilize the Online
Services or Materials to display any material that may be considered defamatory,
libelous, pornographic, obscene, or contain any viruses, Trojan horses, worms, or other
harmful programs.
6.4 The Customer represents and warrants that the
Customer is authorized to use the
credit card, debit card, or any other payment means which the Customer is using to pay
for and acquire the Online Services or Materials.
7.1 The Company reserves the right to modify these
Terms and Conditions from time to
time in its sole discretion, without notice or liability to you. You agree to be bound
by these Terms and Conditions, as modified. Please review the most current version of
the Terms and Conditions from time to time, so you will be apprised of any changes. Your
continued use of the Online Services or Materials after any such change shall constitute
your express consent to be bound by such changes.
7.2 Charges and Payment Terms may be changed in
accordance with the applicable price
schedule; all other provisions may be changed by the Company immediately. Your access to
the Online Services may be terminated immediately upon notice to the provider of the
Online Services if any change is unacceptable. Continued use of the Online Services
following any change constitutes acceptance of the change.
7.3 The Company may terminate your access to the
Online Services. The effective date of
termination shall be ten (10) days after the receipt of an appropriate notice of
termination, unless a later date is specified in the notice. The Company may suspend or
discontinue providing the Online Services to you without notice and pursue any other
remedy legally available to it if you fail to comply with any of your obligations
hereunder.
7.4 Except as otherwise provided herein, all
notices and other communications hereunder
shall be in writing or displayed electronically in the Online Services by the Company.
Notices shall be deemed to have been properly given on the date deposited in the U.S.
mail, if mailed; on the date first made available, if displayed in the Online Services;
or on the date received, if delivered in any other manner. Notices to the Company should
be sent to: support@improvmyhome.com
7.5 The failure of the Company or any third party
supplier of Materials to enforce any
provision hereof shall not constitute or be construed as a waiver of such provision or
of the right to enforce it at a later time.
7.6 If any provision of this Agreement is held to
be invalid, illegal or unenforceable
for any reason, such invalidity, illegality or unenforceability shall not affect any
other provisions of this Agreement, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had not been contained herein.
7.7 You may not assign your rights or delegate
your duties under your access to the
Online Services without the prior written consent of the Company.
7.8 These Terms and Conditions shall be governed
by and construed in accordance with the
laws of the State of Pennsylvania and Montgomery County.
8.1 Users that have not logged into their account for more than 180 Days (6 Months) shall have their account deactivated and all earnings will be forfeited.