Hillside Software, Inc. - HomeCards
The terms set forth below (the "Agreement") govern your use of this web site ("Website"). By using or visiting the Website, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Website. If you do not agree with this Agreement, your sole recourse is not to use this Website.
Proper Use. The content and software on this Website is the property of Hillside Software, Inc., unless stated otherwise, and is protected by U.S. and international intellectual property laws. In using the Virtual Office HomeCards site/service/software, you agree that you will not copy, reproduce, alter, modify, create derivative works, or display any content (except for your own content you have provided - i.e. documents, logos, etc.) from this website on other mediums not approved by Hillside Software, Inc. You also agree that you will not use any 'robot', 'spider', or manual process to monitor or copy any content from this Website. Furthermore, the Website is provided to you for your own personal use, and it may not be used for any commercial purposes. For example, you may not do any of the following: use the Website's content as marketing material or flyers; use the Website to increase traffic to your website for commercial reasons, such as advertising sales; take the results from the Website and reformat and display them, or mirror any portion of the Website on your website; or "meta-search" the Website. If you wish to use any portion of the Website for commercial purposes, please contact us for information/written approval. Any use of the Website that infringes upon Hillside Software's intellectual property rights or that is for commercial purposes will be investigated and Hillside Software reserves the right to take appropriate civil and criminal legal action.
User Contributions. There are many opportunities within the Website for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Hillside Technology (collectively "Information"). Hillside Software shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Hillside Software as needed to obtain such protection as Hillside Software may desire for you to agree to release/assign your rights to such Information to Hillside Software. Furthermore, Hillside Software may share aggregate (not personally identifiable, except when sharing Information you have chosen to submit for Loan Applications or similar services; if a HomeCards sponsor, the individual or organization providing financial support to Hillside Software, Inc. for the HomeCards service, has the right to export their client/HomeCard User's personal information in to any form they deem necessary for business/marketing purposes) information with its business partners or other third parties. Hillside Software will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
No Warranty. Please note that the services provided as part of this Website are experimental in nature. They have not been tested in any manner, and Hillside Software does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE WEBSITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. Hillside Software EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL Hillside Software BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT Hillside Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL Hillside Software BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Hillside Technology and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "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 if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Modifications of Terms. Hillside Software shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Website. Accordingly, we suggest that you check this page periodically. To make your review more convenient, we will post a version number or date at the bottom of this page.
Violations of Terms. In addition to any legal remedies that Hillside Software may be forced to use for your violation of the terms of this Agreement, Hillside Software shall also have the right in its sole discretion to suspend or terminate your access to the Website.
Hold Harmless and Indemnity. You agree to hold harmless and indemnify Hillside Software, its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Hillside Software will provide you with written notice of such claim, suit or action.
No Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Hillside Software's prior written consent. Any such purported assignment or delegation by you without Hillside Software's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Hillside Software at its sole and absolute discretion.
Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Hillside Technology's failure to act with respect to a breach by you or others does not waive Hillside Software's right to act with respect to subsequent or similar breaches. The failure of Hillside Software to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Colorado as if made in Colorado by two residents of that state. This Agreement constitutes the entire agreement between Hillside Software and you with respect to the subject matter hereof.
By submitting your phone number on any part of this Website you authorize
the Real Estate Agent(s), Site Sponsor(s), Hillside Software, Inc., Hillside Software, Inc.,
and all of their Principals, Agents, associates, affiliates and partners
to contact you by phone, regardless of your status on any Federal or State
"No Call List."