Terms and conditions governing Hybrid Home Living™ LLC web site (collectively, the “Service”):
- Submitted Materials
1. You are responsible for the content and accuracy of all company information provided to Hybrid Home Living™ LLC and other information submitted by you to Hybrid Home Living™ LLC (“HHL”) or entered into the Online Directory Service or HHL TV (the “Submitted Materials”). Because of the volume of information and copy submitted to HHL, HHL cannot be responsible for verifying facts contained in Submitted Materials. All Submitted Materials must follow HHL’s guidelines, which can be found on HHL’s web site and are subject to change at any time at HHL’s sole discretion.
- HHL reserves the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any Submitted Materials from its web site. HHL can only remove Submitted Materials from its network, and HHL makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the HHL network.
- All Submitted Materials transmitted by HHL must contain a user-supplied contact name, phone number and e-mail address that may be verified by HHL.
- You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any HHL systems with the express written consent of HHL.
- Billing
. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All amounts paid are nonrefundable. You must provide HHL with valid credit card information to be listed in the Online Directory. HHL reserves the right to modify its fees and charges and to introduce new charges at any time.
- If you believe your bill is incorrect, you must contact us in writing within 60 days at the following address: 7151 E Rancho Vista Drive, #3007, Scottsdale, AZ 85251.
- You agree to provide HHL with complete and accurate billing and contact information. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, HHL reserves the right to terminate your access to the Service in addition to any other legal remedies.
- Unless otherwise agreed to by HHL, amounts will be billed in U.S. dollars.
- Warranties; Limitation of Liability
. You represent and warrant to HHL that (i) you have the right to deliver the Submitted Materials to HHL, (ii) you will comply with all applicable laws, rules and regulations, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to “spam”, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; and (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service.
- HHL’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the twelve months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL HHL HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification
. You shall indemnify (“Indemnitor”) and hold harmless HHL (“Indemnitee”), its affiliated companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.
5. Miscellaneous
. Hybrid Home Living, Hybrid Home Living TV and HHL TV are trademarks or registered trademarks of HHL, and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of HHL and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by HHL; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by HHL in connection with the Service. All rights not expressly granted to you herein are reserved by HHL.
A. You shall not hold yourself out as in any way as endorsed by HHL or its subsidiaries or affiliates. You agree not to (i) defame or disparage HHL, its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service.
B. You consent to receive communications from HHL concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which HHL sends communications by notifying HHL in writing (which may be by email).
C. By signing up for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of HHL, HHL reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts.
- You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors and assigns.
E. HHL reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.
F. You acknowledge and agree that you and HHL are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.
G. This Agreement shall be governed by and construed under the laws of Arizona exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Arizona and you submit to the personal jurisdiction thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
