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Terms Of Service
TERMS OF SERVICE
Welcome to the American Housing Club Inc., website. We at American Housing Club, also referred to herein as “we” and “us”, hope you find the American Housing Club website and any services and/or features provided by American Housing Club informative and useful. As a condition to and in consideration of access to and use of the American Housing Club website and the services and features provided by American Housing Club, you, also referred to throughout these Terms of Service as “User”, agrees to be bound by these Terms of Service, hereafter referred to as “TOS” along with the American Housing Club Privacy Policy, which is fully incorporated into these TOS, which the User hereby agrees to as a condition of use. These TOS constitute a legally binding agreement hereby entered into by and between User and American Housing Club. Any use of or access to the American Housing Club website and/or any services provided by American Housing Club, shall constitute acceptance of and agreement to be bound by the TOS. IF YOU DO NOT WISH TO BE BOUND BY THE TOS, DO NOT ACCESS OR OTHERWISE USE THE American Housing Club WEBSITE AND/OR SERVICES.
Modification: American Housing Club shall reserve the right to modify, alter and/or discontinue, whether temporarily or permanently, any service, or any part thereof, with or without prior notice, at any time in its sole discretion. In addition, American Housing Club shall not be held liable to any user or any third party for any such alternation, modification, suspension and/or discontinuance of services, or any part thereof. User’s continued use of the American Housing Club website and/or its services provided, after such posting of any changes, and/or modifications shall constitute User’s acceptance of such changes and/or modifications, and as such, frequent review of these TOS should be made by User to ensure awareness of all terms and policies currently in effect. Should User not agree to the changes and/or modifications, User must stop using the American Housing Club website and any services provided.
Privacy Policy: At American Housing Club, we respect our User’s security and privacy. By using the American Housing Club website and/or the services and features provided herein, User understand and consents to the collection, use and disclosure of User’s personally identifiable information as well as any non-personally identifiable information, which is described in the American Housing Club Privacy Policy in more detail.
Minors: You affirm that you are 18 years of age or older, and that you are fully able and competent to enter into the terms, representations, conditions, affirmations, obligations, and warranties set forth in these TOS and to fully abide by and comply with these TOS. For those of you under 18 years of age, please do not use American Housing Club website and any services provided.
Use of Website: American Housing Club authorizes User to view or download the files, documents, text, photographs, images, audio, video, and any other materials accessed through or made available for use or download through the American Housing Club website (collectively, “Content”) solely for User’s personal, noncommercial use. User may not copy, distribute, modify, create derivative works of, reproduce, publish, or use, in whole or in part, any Content for any commercial or other purposes except as explicitly authorized by these TOS. User may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the American Housing Club website, unless expressly authorized by American Housing Club.
User’s Access: User is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the internet and access the American Housing Club website and are responsible for all internet access charges, telephone charges or other fees or charges incurred in connecting to the internet and accessing the American Housing Club website.
User Conduct: User agrees to access and use the American Housing Club website and/or services only for lawful purposes. User is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) User’s use of the American Housing Club website and services, (ii) the use of any networks or other services connected to the American Housing Club website, and (iii) the communications means by which User connect Users modem, computer, or other equipment to the American Housing Club website and services. User acknowledges that User is solely responsible for the substance of User’s uploads, posts, comments, ideas, suggestions, feedback, information, files, videos, images, audio files, or other materials to the American Housing Club website (“User Generated Content”). By accessing the American Housing Club website, User agrees not to:
(a) restrict or inhibit any other user from using and enjoying the American Housing Club website and/or its services;
(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(c) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
(d) post or transmit any information, software or other material which contains a virus or other harmful component;
(e) alter, damage or delete any content or other communications that created and posted by User or to otherwise interfere with the ability of others to access the American Housing Club website and/or its services;
(f) claim a relationship with or to speak on behalf of any business, association, institution or
other organization for which User is not authorized to do so;
(g) copy and/or collect any content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent:
(h) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available any application programming interface (“API”);
(i) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the API, any website code, or any software used to provide the American Housing Club website and/or its services;
(j) use the American Housing Club website and/or its services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Right to Regulate: American Housing Club retains the right to regulate access to and use the American Housing Club website and/or its services in its sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or termination of access/license/account. User agrees not to bypass any such regulation. User further agrees that American Housing Club is not liable for regulating or not regulating, and no action and/or inaction by American Housing Club shall constitute a waiver of the right of American Housing Club to regulate.
Third Party Websites and Information: The American Housing Club website may link you to other websites on the Internet or otherwise include references to information and/or services provided by other parties. These other websites are not under the control of American Housing Club and User acknowledges that American Housing Club is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is American Housing Club responsible for errors or omissions in any references to the products and/or services provided and/or offered by the American Housing Club website. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by American Housing Club.
Indemnification: Upon a request by American Housing Club, User agrees to defend, indemnify, and hold harmless American Housing Club, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (collectively “American Housing Club”), from all liabilities, claims, and expenses, including attorneys’ fees, that arise from User’s use or misuse of the American Housing Club website and/or its services. American Housing Club reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User agrees to cooperate with American Housing Club in asserting any available defenses.
PROPRIETARY RIGHTS
Company is the sole owner and exclusive holder of, all rights, title and interest in and to the American Housing Club website, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the American Housing Club website, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the American Housing Club website does not grant any ownership of any content, code, data or materials that may be accessible on the American Housing Club website.
DISCLAIMER OF WARRANTIES
THE American Housing Club WEBSITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE American Housing Club WEBSITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE American Housing Club HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE American Housing Club OR THROUGH THE American Housing Club WEBSITE (INCLUDING, WITHOUT LIMITATION, THROUGH ANY BLOG OR PUBLICATION) SHALL CREATE ANY WARRANTY. THE American Housing Club ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE American Housing Club WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE American Housing Club WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE American Housing Club WEBSITE.
THE American Housing Club RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE American Housing Club WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE American Housing Club CANNOT, AND DOES NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE American Housing Club WEBSITE, NOR SHALL THE American Housing Club BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE American Housing Club WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE American Housing Club HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, DOCUMENTS AND OTHERWISE ON THE American Housing Club WEBSITE OR IN CORRESPONDENCE WITH THE American Housing Club OR ITS AGENTS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE American Housing Club OR ITS AFFILIATES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE American Housing Club WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE American Housing Club WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE American Housing Club WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE American Housing Club WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE American Housing Club FOR YOUR USE OF THE American Housing Club WEBSITE OR PURCHASE OF PRODUCTS.
Choice of Law and Forum: These TOS shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. User agree that any cause of action that may arise under these TOS shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. User agrees and waives all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the American Housing Club website and/or its services, must be filed within two (2) years of the date in which it arose or the time in which it could have been reasonably discovered or shall be forever barred.
Entire Agreement: These TOS and the American Housing Club Privacy Policy, constitutes the entire agreement between the User and American Housing Club and shall supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the American Housing Club website and/or its services.
Waiver and Severability of Terms: If at any time, American Housing Club should fail to exercise or enforce any right or provision of these TOS, such failure shall not constitute a waiver of such right or provision. If any provision of these TOS are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other Terms of Services shall remain in full force and effect and the validity or enforceability shall not be affected.
CONTACT US
American Housing Club
956 3 Mile Rd NW
Grand Rapids, MI 49544
legal.cbc@gmail.com
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