The following are terms of a legal agreement (the “Agreement”) between you and Home Equity Share, Inc. (“Home Equity Share”, “we”, or “us”) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by Home Equity Share, Inc.. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this web site (“Site”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain.
We reserve the right to amend this Agreement at any time and shall notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
The copyright in all material on this Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is held by Home Equity Share Inc. or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Home Equity Share, Inc.. You acknowledge that the Content is and shall remain the property of Home Equity Share, Inc.. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Home Equity Share, Inc.’s prior written approval. You also may not, without Home Equity Share’s express written permission, “mirror” any material contained on this Site on any other server. Any unauthorized use of any Content on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into Home Equity Share’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Home Equity Share Inc. makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Home Equity Share.
Members of the Home Equity Share community must be 21 years of age or older. Children under the age of 21 are not eligible to participate in the offerings on this web site.
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other web site, or in any e-mail, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Home Equity Share member or other third party, including, without limitation, names, addresses, phone numbers, e-mail addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google® search” or other online research).
You agree to not to use the Site or any Content to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Home Equity Share member or other third party. In order to protect Home Equity Share members from such advertising or solicitation, Home Equity Share reserves the right to restrict the number of e-mails which a member may send to other members in any 24-hour period to a number which we deem appropriate in our sole discretion. Directly contacting more than ten (10) Home Equity Share members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.
You shall not post on the Site, or transmit to other Home Equity Share member, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you shall not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 21 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You shall not provide inaccurate, misleading or false information to the Home Equity Share or to any other Home Equity Share Member. If information provided to Home Equity Share, or another Home Equity Share Member, subsequently becomes inaccurate, misleading or false, you shall promptly notify the Home Equity Share of such change.
Prior to receiving contact information for a potential equity share match, certain personal information about you will be made available to, or will otherwise be accessible by, other Home Equity Share Members. This information will be a subset of information contained in the Member Profile you create and submit to the Site.
You are solely responsible for your interactions with other Home Equity Share Members. You agree to take normal precautions when deciding to work with or in meeting individuals through the Site. In addition, you agree to review and follow the recommendations set forth in Home Equity Share Inc.’s Safety Tips, which will be provided to you.
You understand that Home Equity Share makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Site.
You shall promptly report to Home Equity Share any violation of the Terms of this Agreement by other Home Equity Share Members.
Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Home Equity Share, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. HOME EQUITY SHARE DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HOME EQUITY SHARE. UNDER NO CIRCUMSTANCES SHALL HOME EQUITY SHARE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY HOME EQUITY SHARE MEMBER.
Technologies and processes embodied in and used by this Site may be covered by one or more Home Equity Share U.S. patents and by other patents pending.
The Home Equity Share Agent Network is a service provided to registered Home Equity Share Members that allows potential homebuyers to request help from real estate brokers/agents. Home Equity Share Members must provide information relevant to the real estate transaction. This information is forwarded to selected local brokers/agents (each a "Professional Service Provider") who have registered with Home Equity Share to receive such information. All such brokers/agents are independent third parties to Home Equity Share. Home Equity Share makes no representation or warranty as to the quality or qualification of any Professional Service Provider referred to Member. It is the Member's responsibility, and Home Equity Share encourages this for all Members, to independently investigate the qualifications of each Professional Service Provider prior to entering any agreement. Home Equity Share is not a party to, and has no knowledge of specific terms of, any agreement between any Professional Service Provider and the Member. To use this service, you must consent to receive e-mails and telephone calls from Home Equity Share and from Professional Service Provider referred to you by Home Equity Share.
Home Equity Share (including the Home Equity Share logo), Home Equity Share.com, and all related logos (collectively the “Home Equity Share Trademarks”) are trademarks or service marks of Home Equity Share. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Home Equity Share or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Home Equity Share trademarks displayed on this Site, without our prior written permission in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site unless in accordance with written authorization by us. We prohibit use of any of the Home Equity Share trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance. Any questions concerning any Home Equity Share Trademarks, or whether any mark or logo is a Home Equity Share Trademark, should be referred to Home Equity Share.
This site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Home Equity Share cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those web sites, and not by this Agreement. Links to third-party sites do not constitute an endorsement or recommendation by Home Equity Share of such sites or the content, products, advertising or other materials presented on such sites, or services provided by these third parties, but are only for your convenience and you access them at your own risk. Such third-party sites may have a privacy policy different from that of Home Equity Share and the third-party site may provide less security than this Site. We are not responsible for the content of any third-party web sites, nor do we make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites or quality of any services to be rendered by these parties, and Home Equity Share shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
From time to time Home Equity Share may include on the Site third-party service providers such as a moving, magazine or a mortgage service provider or other professional service providers. Home Equity Share posts these services on the Site as a service to the Home Equity Share Members. Home Equity Share is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these other service providers. It is the Home Equity Share Member's responsibility, and Home Equity Share encourages this for all Home Equity Share Members, to independently investigate the qualifications of each service provider and to carefully review each service provider offering prior to entering into any engagement.
Home Equity Share is not responsible or liable for any acts or omissions created or performed by these other service providers. The Site may contain links to web sites maintained by third-party service providers. Such links are provided for Home Equity Share Member convenience and reference only. Home Equity Share does not operate or control, in any respect, any information, software, products or services available on such web sites. Home Equity Share's inclusion of a link to such web sites does not imply any endorsement, warranty, guarantee or recommendation of these web sites, contents, products or services of the sponsoring organization.
The web site provides information about the law, including but not limited to real estate and tax law, designed to help Home Equity Share Members and other users of the Site manage their own legal and tax needs. But legal and tax information is not the same as legal and tax advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we strongly recommend you consult a lawyer and a tax professional if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. As such, any model legal forms and tax information provided on the Site are for informational and reference purposes only . Furthermore, laws of your state or country may require certain terms to be added or deleted from the model forms and calculators we provide. Users therefore agree to utilize all model forms and calculators on this Site with the understanding that they will have their own attorneys and tax professionals review them and their legal impact, and to revise them as necessary to insure conformance to their needs, their transaction and the laws of their state or country.
NONE OF HOME EQUITY SHARE, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “HOME EQUITY SHARE PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT OF THIS SITE OR ITS FORMS, CALCULATORS OR OTHER TOOLS AND ANALYSIS OF INFORMATION AND HOME EQUITY SHARE DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEIR CONTENT.
THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. HOME EQUITY SHARE PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
HOME EQUITY SHARE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND HOME EQUITY SHARE PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. HOME EQUITY SHARE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES SHALL HOME EQUITY SHARE PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION, INCLUDING BUT NOT LIMITED TO ANY ACTION IN CONTRACT OR NEGLIGENCE, ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE, THE FORMS OR CALCULATORS OR OTHER TOOLS PROVIDED OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED OR SERVICES PROVIDED BY THE SITE OWNER, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF HOME EQUITY SHARE PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HOME EQUITY SHARE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR ANY TOOLS WE PROVIDE YOU WITH IS TO STOP USING THE SITE OR MATERIALS. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT HOME EQUITY SHARE PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless Home Equity Share Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Home Equity Share Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you receive from, submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you shall cooperate fully in the defense of any such claims. Home Equity Share Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Home Equity Share Inc.. You further agree to indemnify and hold harmless Home Equity Share Parties from any claim arising from a third party’s use of information or materials of any kind that you receive from, submit to, post to or transmit through the Site.
Home Equity Share Inc. has no obligation to monitor the Site; however, you acknowledge and agree that Home Equity Share has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
All remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Home Equity Share through this Site (collectively, “Submissions”) shall be deemed and remain the property of Home Equity Share, and Home Equity Share is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Home Equity Share shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by Home Equity Share or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting Home Equity Share’s responsibilities and obligations under its Privacy Policy.
Home Equity Share’s practices and policies with respect to the collection and use of personally identifiable information are governed by Home Equity Share’s Privacy Policy.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this site and Content no distribution or solicitation is made by Home Equity Share to any person to use the Site or Content in jurisdictions where the provision of the site and/or content is prohibited by law.
This Agreement is effective until terminated by Home Equity Share. Home Equity Share may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Home Equity Share’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Home Equity Share to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of California, without regard to its conflict of laws rules. You agree that you shall notify Home Equity Share in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Home Equity Share a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Home Equity Share.
You agree that any claim or controversy, arising out of or relating to the use of Home Equity Share Inc.’s services, to the goods or services provided by Home Equity Share Inc., or to any acts or omissions for which You may contend Home Equity Share Inc., including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by binding arbitration in Monterey County, California. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, You shall select an arbitrator from a panel of arbitrators acceptable to Home Equity Share Inc. In any arbitration, Home Equity Share Inc. will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration being paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrator may be entered only in a court of competent jurisdiction in Monterey County, California. You and Home Equity Share Inc. agree that the arbitrator shall have limited authority to award damages such that the arbitrator shall not have the power to award damages in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND HOME EQUITY SHARE INC. WILL BE RESOLVED BY BINDING ARBITRATION IN MONTEREY COUNTY, CALIFORNIA. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU AND HOME EQUITY SHARE INC. RETAIN THE RIGHT TO PURSUE INJUNCTIVE RELIEF IN COURT, AND AGREE THAT SUCH CLAIMS FOR INJUNCTIVE RELIEF MAY ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN MONTEREY COUNTY, CALIFORNIA.
This Agreement shall be subject to any other agreements you have entered into with Home Equity Share.
Certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions shall govern for those sections or pages.
SEVERABILITY
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
This Agreement supersedes any previous Terms of Use Agreement to which you and Home Equity Share may have been bound. This Agreement shall be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent to Home Equity Share’s designated agent. Notification should include:
Home Equity Share Inc.’s agent for notification of claimed copyright infringement is: David Lee, telephone 650-470-4000, fax: 650-470-4099, email: dlee@whiteandlee.com.
To resolve a complaint regarding the Site, you should first contact Home Equity Share by clicking on the Contact Us link on the Site or via e-mail to info@homeequityshare.com. You may also contact the California Department of Consumer Affairs (www.dca.ca.gov), at 1625 North Market Blvd., Sacramento, CA 95834, or by phone (800) 952-5210.
If you have questions regarding the Agreement or the practices of Home Equity Share, please contact us by e-mail at compliance@homeequityshare.com or by regular mail at Home Equity Share, Inc., PO Box 2004, Monterey, California 93940, Attention: Customer Service Department.
Last Updated: July 8, 2007