This web site, including any sub site accessible
through the homepage, (the “Site”) is published and maintained by subsidiaries,
affiliates and/or related entities of Home Downpayment Gift Foundation (HDGF).
You can e-mail us at info@homedownpayment.org.
Please note that when you enter any sub site accessible through this homepage
or the Forms page, such sub site may have its own terms and conditions of use,
which is specific to such sub site. When you access, browse or use this Site you
accept, without limitation or qualification, the terms and conditions set forth
below and any additional terms and conditions of use set forth in any sub site.
Your Right to Use the Site and Its Contents
This Site is only for
your personal use. You may not distribute, exchange, modify, sell or transmit
anything you copy from this Site, including but not limited to any text, images,
audio and video, for any business, commercial or public purpose. As long as you
comply with the terms of these Terms and Conditions of Use, HDGF grants you a
non-exclusive, non-transferable, limited right to enter, display and use this
Site. You agree not to interrupt or attempt to interrupt the operation of this
Site in any way.
Ownership
All materials on this Site, including but not limited to
audio, images, software, text and video clips (the “Content”), are protected by
copyright under U.S. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as specified herein. You
agree to follow all instructions on this Site limiting the way you may use the
Content. There are a number of proprietary logos, service marks and trademarks
found on this Site. By making them available on this Site, HDGF is not granting
you any license to utilize those proprietary logos, service marks, or
trademarks. Any unauthorized use of the Content may violate copyright laws,
trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
You may download one (1) copy only of the Content to be used only by you for
your personal use at home unless the sub site you are accessing states that you
may not. If you download any Content from this Site, you may not remove any
copyright or trademark notices or other notices that go with it.
Rules for Chatrooms, Bulletin Boards and Other User-Supplied Material
This Site may have an area, which allows you to “chat” or upload and
download materials. When using any of these areas, you agree not to post, send,
transmit, upload or otherwise publish through this Site, any materials that (1)
interfere with anyone else’s use of the Site; (2) are abusive, illegal,
indecent, obscene, offensive or threatening in any way; (3) encourage anyone to
break the law; (4) violate anyone’s copyright or other property right; (5)
interfere with the privacy of any other user; (6) contain a virus or any other
harmful component; or (7) contain false or misleading statements of fact or
descriptions of the origin of the material or the communication. You agree to
comply with any additional terms, which are referred to on this Site, or any sub
site within the Site.
Responsibility for User’s Material
You are prohibited from posting
or transmitting any defamatory, libelous, obscene, pornographic, profane,
threatening or unlawful material or any material that could constitute or
encourage conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law.
HDGF Rights to User’s Material
If you send any communications or
materials to the Site by electronic mail or otherwise, including any comments,
data, questions, suggestions or the like, all such communications are, and will
be treated as, non-confidential and non-proprietary. Thus, you give up any claim
that any use of such material violates any of your rights including moral
rights, privacy rights, proprietary or other property rights, publicity rights,
rights to credit for material or ideas, or any other right, including the right
to approve the way HDGF uses such material.
Any material submitted to this Site may be adapted, broadcast, changed,
copied, disclosed, licensed, performed, posted, published, sold, transmitted or
used by HDGF anywhere in the world, in any medium, forever. Furthermore, HDGF is
free to use, without any compensation to you, any concepts, ideas, know-how or
techniques contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information. However, you agree and understand that HDGF is
not obligated to use any such ideas or materials and you have no rights to
compel such use.
Transmitted Material
Internet transmissions are never completely
private or secure. You understand that any message or information you send to
this Site may be read or intercepted by others unless there is a special notice
that a particular message (for example, credit card information) is encrypted
(send in code). Sending a message to HDGF does not cause HDGF to have any
special responsibility to you.
Links
This Site may contain links to other Internet sites on the
World Wide Web. HDGF provides such links for your convenience only, and is not
responsible for the content of any site linked to or from this Site. Links from
this Site to any other site do not mean that HDGF approves of, endorses or
recommends that site. HDGF disclaims all warranties, express or implied, as to
the accuracy, legality, reliability or validity of any content on any other
site.
Indemnification
You agree to indemnify, defend and hold HDGF and
all of its agents, directors, employees, information providers, licensors and
licensees, officers and parent, (collectively, “Indemnified Parties”) harmless
from and against any and all liability and costs (including, without limitation,
attorneys’ fees and costs), incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these Terms and Conditions of
Use or the foregoing representations, warranties and covenants.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.”
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
SITE, HDGF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR
THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2)
THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER
COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR
ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE
SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HDGF NEGLIGENCE, SHALL
HDGF BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR
SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C)
ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF HDGF OR
AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL HDGF’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE), EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any
additional terms posted on this Site together constitute the entire agreement
between HDGF and you with respect to your use of this Site. Any cause of action
you may have with respect to your use of this Site must be commenced within (1)
year after the claim or cause of action arises. If for any reason a court of
competent jurisdiction finds any provision of these Terms and Conditions of Use,
or portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of this agreement, and the
remainder of these Terms and Conditions of Use shall continue in full force and
effect. These Terms and Conditions of Use shall be governed by and construed in
accordance with the laws of the State of New York, United States of America,
without reference to its conflicts of law rules.
Online Privacy Policy
Your Privacy
At HDGF we believe that, as our online visitor, you
have a right to know our practices regarding the information we collect when you
visit our Web sites and what type of information is collected. The guidelines
contained herein only apply to your visits to www.homedownpayment.com, the Web
site operated by the Home Downpayment Gift Foundation.
Other sites which are linked to/from these sites may have different policies;
therefore, please review the privacy policy notices on those sites for details.
While HDGF does not generally require that you provide us with personally
identifiable information in order to visit and use the HDGF sites, please note
that in order to participate in some activities, it will be necessary for you to
provide this information. If you choose not to provide it for those activities,
you may not be able to participate in them.
Collection of Information: Cookies; Personal
For each visitor to
an HDGF Web site, HDGF’s Web server automatically recognizes and stores
information such as the visitor’s IP address/Domain name combination. We use
this information to understand visitor traffic patterns through our sites for
purposes such as enhancing its usability. Your computer provides this
information automatically each time you log on, unless you’ve activated blocking
technology available in some browsers.
When you visit HDGF’s sites or advertisements appearing thereon, or use one
or more of the HDGF Web site services, we may use an industry-wide technology
called “cookies” which stores certain information on your computer and which
will allow us to customize your experience to better match your interests and
preferences or to simply facilitate your signing in to use the services. Most
browsers will allow you to erase cookies from your computer hard drive, block
acceptance of cookies, or receive a warning before a cookie is stored. However,
if you block or erase cookies, we may not be able to restore any preferences or
customization settings you previously specified and our ability to personalize
your online experience would be limited. Please refer to your browser
instructions or “help” screen to learn more about these functions.
Additionally, HDGF may ask you to provide “personal information”, meaning
individually identifiable information that you provide on our Web sites such as
your email address, name, mailing address, telephone number, social security
number, credit card number, or persistent identifier (such as a customer number
held in a cookie) which is associated with individually identifiable
information, to enable you to participate in contests, chat rooms, on bulletin
boards, to fill out a registration, or to order products and services using
these sites. HDGF may combine the information you provide on our Web sites with
other information we may collect from you or from third parties so that we can
more effectively tailor our site, services and offerings to you. If you provide
HDGF with personal information, you shall have the right, on reasonable prior
notice, to inspect, change, amend or delete such information. Instructions on
how to update personal information will be given at the point of data
collection.
Unless you instruct us otherwise, HDGF may contact you to provide information
about products, services, promotions, contests, or other activities or offerings
that may be of interest to you.
Unless it is for the purposes you have requested or originally agreed, HDGF
will not share the personal information you provide on the HDGF Web sites with
any other parties, except (a) with your consent, (b) as may be permitted or
required by law or court order and/or (c) to persons or companies with whom HDGF
contracts to carry out the internal operations of the site or our business (for
example, to send you a promotional item that you have requested on the site).
Security
While HDGF cannot guarantee that unauthorized access will
never occur, rest assured that HDGF takes great care in maintaining the security
of your personal information and in preventing unauthorized access to it through
the use of appropriate technology and internal procedures.
Use and Disclosure of Anonymous Aggregated Information
HDGF may
also collect, aggregate and maintain anonymous information about the visitors to
our Web sites, such as visitors’ hobbies, interests, purchasing habits, music
preferences, and the like. This data can then be used to tailor HDGF’s Web site
content and advertising to deliver a better experience for our visitors. In
addition, HDGF may also share such aggregate information about our visitors with
advertisers, business partners, sponsors, and other third parties; for example,
to inform them about the percentage of male/female visitors or percentage of
visitors within a particular age range.
Consent to Processing
By providing any personal information to the
HDGF Sites, all users, including without limitation users in the member states
of the European Union, fully understand and unambiguously consent to the
collection and processing of such information in the United States of America.
Policy Governs Use; Changes to Privacy Policy
The terms of this
policy will govern the use and any information collected while it is in place.
HDGF reserves the right to change this policy at any time, so please re-visit
this page as often as you wish. Changes to this privacy policy are effective at
the time they are posted to this site.