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Terms of Use and Service
H2Ofront.com is owned and operated by H2Ofront.com, Inc. Any references herein to H2Ofront.com shall be deemed to refer to H2Ofront.com and/or H2Ofront.com, Inc., as seems appropriate to the context. We have established the following Terms of Use and Service for H2Ofront.com to spell out what you can expect from us and what we expect from you.
By using or accessing any areas of H2Ofront.com other than this Terms of Use and Service area, users (Users), including, without limitation, subscribers (Subscribers), agree to be legally bound and to abide by the terms set forth below, as same may be amended from time to time, and we expressly and affirmatively rely upon your agreement. If you do not wish to be bound by and subject to the Terms of Use and Service, you must not use or access any area of this Site other than this Terms of Use and Service area in any way whatsoever. It is your responsibility to visit this area of the Site at the beginning of each of your visits to H2Ofront.com.
TRADEMARKS
H2Ofront.com is a service mark of H2Ofront.com, Inc., or its affiliates or subsidiaries. All rights are reserved. These and other H2Ofront.com graphics, logos, service marks and trademarks of H2Ofront.com, Inc. and its affiliates and subsidiaries may not be used without prior written consent of H2Ofront.com, Inc. or its affiliates or subsidiaries, as the case may be. All other trademarks, product names, and company names and logos appearing on H2Ofront.com are the property of their respective owners.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of H2Ofront.com and the internet is at User's sole and exclusive risk. We intend to offer reliable information on this Site, but User understands and agrees that the reliability of the information is not guaranteed by H2Ofront.com. Neither H2Ofront.com nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that H2Ofront.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of H2Ofront.com, or as to the accuracy, reliability, non-infringement or currency of any information content, service, or merchandise or any other offerings provided or made available through H2Ofront.com, and User hereby expressly waives any such warranties.
THIS SITE IS PROVIDED BY H2OFRONT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. H2OFRONT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OR ACCURACY OF THE INTERNET OR THE SITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE AND USERS HEREBY WAIVE ANY SUCH REPRESENTATIONS OR WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, H2OFRONT.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USERS HEREBY WAIVE ANY SUCH WARRANTIES. H2OFRONT.COM SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, OF ANY KIND ARISING FROM OR OUT OF OPERATION OR USE OF THE INTERNET, THIS SITE OR THE PRODUCTS OR SERVICES THEREON, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR LOST PROFITS, EVEN IF SUCH DAMAGES ARE REASONABLY FORESEEABLE OR IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY H2OFRONT.COM NOR ITS AFFILIATES OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall H2Ofront.com, or any other party involved in creating, producing, or distributing H2Ofront.com, be liable for any direct, indirect, punitive, incidental, exemplary, special or consequential damages or lost profits that result from the use of or inability to use H2Ofront.com, including, but not limited to, reliance by User on any information obtained from H2Ofront.com, or that result from mistakes, omissions, interruptions, deletion of files, data or email, errors, defects, viruses, worms, denial of service or other attacks, hacking, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to H2Ofront.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services and any other offerings available through H2Ofront.com. These Terms of Use and Service are intended to bind the parties to the choice of law that applies hereto. If, for any reason, the exclusions and/or limitations of liability for damages set forth herein are not given full effect, then such exclusions and/or limitations of liability shall be given effect to the fullest extent permitted by applicable law.
Users hereby WAIVE and RELEASE any and all claims against H2Ofront.com, Inc., its affiliates and subsidiaries, and their respective officers, directors, shareholders, employees, contractors and agents arising from, out of or in connection with any access or use of the Internet, this Site or the products or services thereon.
User agrees User's sole and exclusive remedy for any claim or action against H2Ofront.com shall be for H2Ofront.com, Inc. to use reasonable efforts, in H2Ofront.com's sole discretion, to correct, at no cost to H2Ofront.com, Inc., any defect in this Site.
User acknowledges that in operating this Site, H2Ofront.com, Inc. is not acting as a real estate brokerage, legal or other professional service and does not represent either the buyer or seller or the landlord or tenant in any capacity. H2Ofront.com merely provides a platform or medium for the distribution and/or publication of content, some of which is provided by Users, Subscribers, advertisers or others, as the case may be.
CONTENT
PROPRIETARY RIGHTS
User acknowledges that H2Ofront.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary intellectual property rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and H2Ofront.com, Inc. owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, even if provided by others. H2Ofront.com also owns copyright in all Content furnished by H2Ofront.com. User may not modify, remove, delete, augment, add to, publish, transmit, reproduce, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. The only interest granted to Users of this Site is a non-exclusive, non-transferable, revocable license to use this Site as permitted by the Terms of Use and Service.
DISTRIBUTION/UPLOADING OF CONTENT
Except as otherwise permitted hereunder, User may upload to or otherwise distribute on H2Ofront.com only content that is not subject to any copyright or other proprietary rights protection (collectively, Public Content), or content in which the proprietary rights holder has given express authorization for distribution on the Internet. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by ___________________________; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither H2Ofront.com, nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to H2Ofront.com at the following email address: Admin@H2Ofront.com.
By uploading or submitting content to H2Ofront.com, including, without limitation, any product reviews or participation in any chat rooms, User automatically grants, or warrants that the owner of such content has expressly granted H2Ofront.com the royalty free, encumbrance-free, perpetual, irrevocable, transferable, nonexclusive right and unrestricted license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, distribute and transfer the content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such content. Subject to this grant, the owner of content placed on H2Ofront.com retains any and all rights which may exist in such content. By uploading or submitting content, User waives any claim of confidentiality therein. User acknowledges that uploaded content may not be posted immediately or replicated via the internet for some time after submission.
THIRD-PARTY CONTENT
H2Ofront.com is merely a distributor and not a publisher of some of the content supplied by some third parties and all Users. H2Ofront.com has no more editorial control over such content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including Providers or any other User of H2Ofront.com, are those of the respective authors or distributors and not of H2Ofront.com or its affiliates or subsidiaries or any of their respective officers, directors, shareholders, employees, contractors or agents. Neither H2Ofront.com nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors or agents, nor any third party, including any Provider, or any other User of H2Ofront.com, guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through H2Ofront.com represents the opinions and judgments of the respective Provider or User. H2Ofront.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on H2Ofront.com by anyone other than duly authorized representatives of H2Ofront.com. Under no circumstances shall H2Ofront.com, or its affiliates or subsidiaries, or any of their respective officers, directors, shareholders, employees, contractors or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through H2Ofront.com. It is the sole responsibility of User to evaluate the information, opinion, advice, or other content available through H2Ofront.com.
EXPORT
The United States export control laws regulate the export and re export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including, but not limited, to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from H2Ofront.com to either a foreign national or a foreign destination in violation of such laws.
ONLINE CONDUCT
User agrees to use H2Ofront.com only for lawful purposes and in lawful ways as well as to comply with Netiquette (Internet etiquette). User is prohibited from posting on or transmitting through H2Ofront.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If H2Ofront.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), H2Ofront.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from H2Ofront.com. H2Ofront.com may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate H2Ofront.com or its affiliates or subsidiaries; or (iii) to protect the rights or property of H2Ofront.com, its Users or Providers.
H2Ofront.com reserves the right to prohibit and/or modify conduct, communication, and/or content that it deems in its sole discretion to be harmful to individual Users, H2Ofront.com, the communities that make up H2Ofront.com, or any rights of H2Ofront.com or any third party, or to violate any applicable law or to be inappropriate or undesirable. Notwithstanding the foregoing, neither H2Ofront.com, its affiliates or subsidiaries, nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither H2Ofront.com, nor its affiliates or subsidiaries, nor any of their respective officers, directors, shareholders, employees, contractors or agents, nor Providers shall be subject to liability for any action or inaction with respect to conduct, communication, or content on H2Ofront.com.
PRIVACY POLICY (FOR THE INTERNET ONLY)
H2Ofront.com respects the privacy of its Users.
What information does H2Ofront.com gather and/or track about you?
Registration. When you register with H2Ofront.com, we require that you accurately supply your full name, email address, street address, telephone number, a unique UserID or UserName, password and possibly additional demographic information (for example, your age, sex, and the city in which you work). Users who register shall be deemed to agree to the Terms of Use and Service governing the H2Ofront.com Site.
Premium Services. Some of H2Ofront.com's premium services use an order form and/or accept email for Users to request services and/or to receive our free periodic email newsletter. We collect a User's contact information and, in some cases, credit card information to bill the User for these optional services.
Anonymous Information. H2Ofront.com may also gather anonymous information, which may be used by H2Ofront.com or shared with third parties. This is information which does not personally identify you, but which may be helpful for marketing purposes or for improving the services we offer. Generally this information is collected through "traffic data" and may entail the use of "cookies," "IP addresses," or other numeric codes used to identify a computer.
Cookies. H2Ofront.com may employ cookies to recognize you and your access privileges on the Site, as well as to track Site usage. Subscribers who do not accept cookies from the domain (e.g. "H2Ofront.com ") may not be able to access areas of H2Ofront.com's Site. Ads on our Site may set cookies by third parties (i.e., advertising agencies or advertising clients). We may not have access to these cookies or any information that they may contain. Acceptance of cookies from domains other than H2Ofront.com is optional.
IP Addresses. H2Ofront.com may also log IP addresses for systems administration and troubleshooting purposes. (Your IP address indicates the location of your computer on the Internet). We do not log IP addresses to track your session, nor do we link IP addresses to anything personally identifiable.
Credit Card Information. If you use a credit card to pay for a H2Ofront.com subscription or ongoing or recurring service, we will continue to charge your account for the length of the subscription or service term or any automatic renewal term until you cancel as provided hereunder. If you give us credit card information for a single payment for a single product, it will be used one time only to fulfill one order, and H2Ofront.com will not store your credit card information following final collection of payment.
What does H2Ofront.com do with the information it gathers and/or tracks?
Statistical Analysis and Banner Advertising. H2Ofront.com may perform statistical analyses of User behavior in order to measure interest in the various areas of our Site (for product development purposes) and to inform advertisers as to how many consumers have seen or "clicked" their advertising banners. H2Ofront.com may also use demographic information to allow advertising banners on our Site to be targeted, in aggregate, to the readers for whom they are most pertinent. This means that readers will see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. In this statistical analysis and banner advertisement targeting, we will disclose information to third parties only in aggregate form. Personal information about you as an individual user or subscriber will not be provided to any third party who is not one of our subsidiaries or affiliates, except when we have your permission or under special circumstances, as described herein.
Email. Using the email addresses provided by you, H2Ofront.com may periodically send promotional email to its users about services offered by H2Ofront.com, its affiliates and subsidiaries and advertisers. H2Ofront.com may, but need not contact you regarding account status, changes to the subscriber agreement, and to confirm registration.
Occasionally, H2Ofront.com may share data collected about Users with other units within the H2Ofront.com group of companies or third parties whose products or services we feel may be of interest to you. We believe that many of our users may find mail or email promotions valuable, whether they are shopping for merchandise, taking advantage of a special offer or purchasing unique services. If you prefer not to receive promotional materials from companies outside the H2Ofront.com group of companies, please see the "Opting Out" provision below.
Data Security. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have made arrangements for appropriate, generally accepted, physical, electronic, and managerial procedures to protect the information we collect online, including Secure Socket Layer security for credit card submissions. Detailed information about Secure Socket Layer security for credit card submissions is available from www.Linkpoint.com. We did not create these security technologies and we assume no liability for their performance or non-performance.
With whom does H2Ofront.com share the information it gathers and/or tracks?
H2Ofront.com may share the information it gathers, in aggregate form, with advertisers and other business venture / alliance partners. We will not release personal information about you as an individual to third parties who are not affiliates or subsidiaries, except when we have your permission or under special circumstances, as described in our Terms of Use and Service. H2Ofront.com will provide you with details of all of the personal information you previously provided to us upon your request. This information will only be sent to the email address on file for the UserID or UserName associated with it.
Discussion Groups. H2Ofront.com's Site may offer discussion groups, chat areas, bulletin boards, and message boards (collectively, boards). These boards will be freely accessible to anyone. This privacy policy does not cover the transfer of information in that context. Any information you may disclose when posting a message in a board will become public. Moreover, users who may post messages in a board will make their email addresses available to others, which could result in unsolicited email from other Users or third parties. You should always be careful when distributing your personal information in this manner.
If you should choose to participate or post messages in H2Ofront.com's boards, we may collect such information about you as you choose to disclose. If you should use a third-party service co branded by H2Ofront.com, the third party service provider may provide information about you to H2Ofront.com. If you send personal correspondence to H2Ofront.com or such third party service about your activities or postings on our Site or their sites, H2Ofront.com may collect such information in a file specific to you.
The boards may be used only for noncommercial purposes. You may not post any material concerning promotion, advertising or solicitation for goods or services. From time to time, the boards may be monitored by H2Ofront.com in order to maintain professional decorum and to prevent prohibited uses of the boards. H2Ofront.com reserves the right to remove any material, message or discussion thread that is, in the sole judgment of H2Ofront.com inappropriate. For more information about the boards, please review our Terms of Use and Service or contact H2Ofront.com by email.
Testimonials. Any User that furnishes a testimonial to H2Ofront.com shall be conclusively deemed to have irrevocably and freely licensed H2Ofront.com to post such testimonial, with full attribution, on H2Ofront.com.
Opting Out, Corrections and Cancellations. Upon request, H2Ofront.com will: (a) remove you and your personal information from our database, thereby canceling your registration, following final collection of all payments due to H2Ofront.com; (b) correct personal information that you state is erroneous; or (c) permit you to "opt out" of further email contact (except notification of major changes to the service) while still allowing limited access to the Site. To request a correction or cancellation, contact Admin@H2Ofront.com.
H2Ofront.com is not responsible for the content, privacy policies, or any other aspect of any other Internet Web sites to which it may link. Users follow any such links at their own risk and assume all risks arising out of their doing so.
H2Ofront.com uses generally available and recognized security software and technology on a commercially reasonable basis for this Site. H2Ofront.com does not create such technology and cannot guarantee the quality of its performance. Accordingly, all information transmitted to us via the Internet is ultimately transmitted to us at your own sole risk and you assume all risks that arise out of doing so.
Notwithstanding anything to the contrary contained herein, you authorize H2Ofront.com to disclose any of your information as required by law or by legal process.
TERMINATION OF USAGE
H2Ofront.com may terminate User's access, or suspend any User's access to all or any part of H2Ofront.com, without notice, for any conduct that H2Ofront.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or H2Ofront.com or its affiliates or subsidiaries. H2Ofront.com may, in its sole discretion, cancel any User's account or subscription, or remove any or all of any User's posted content, without notice, in the event (i) of a chargeback or any other impediment to timely collection of a payment that H2Ofront.com believes is due from such User (ii) of a dispute with such User or (iii) H2Ofront.com believes that any conduct or posting of such User is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or H2Ofront.com or its affiliates or subsidiaries, or is otherwise undesirable or offensive.
USAGE BY CHILDREN UNDER 18
H2Ofront.com cannot prohibit minors from visiting this Site. H2Ofront.com must rely on parents, guardians and those responsible for supervising children under 18 years of age to decide which materials are appropriate for such children to view and/or purchase.
H2Ofront.com requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through a H2Ofront.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our Site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT H2OFRONT.COM, YOU ARE REPRESENTING TO H2OFRONT.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A H2OFRONT.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
APPLICABLE LAW
This Site is created and controlled by H2Ofront.com in the State of Florida. As such, the laws of the State of Florida will govern all rights and obligations in connection with this Site, including, without limitation, the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. H2Ofront.com reserves the right to make changes to its Site and all legal provisions posted thereon at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida, County of St. Lucie and of the United States of America located in the State of Florida, County of St. Lucie, for any litigation arising out of or relating to use of H2Ofront.com or its products or services (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Florida, County of St. Lucie, waives any objection to service of process sent by certified mail, return receipt requested to the address provided by User, and agrees not to plead or claim in any court located in the State of Florida that such litigation brought therein has been brought in an inconvenient forum.
WAIVER AND INDEMNIFICATION
User hereby releases and agrees to indemnify, defend and hold harmless H2Ofront.com, Inc., its affiliates and subsidiaries, and their respective officers, directors, shareholders, employees, contractors and agents from and against any and all losses, claims, damages, liabilities, settlements, or expenses, including, without limitation, attorneys fees and costs, arising from, out of or in connection with (i) acts or omissions of User or (ii) User's breach of any of its obligations hereunder (iii) or User's use of this Site or the products or services thereon.
User hereby further agrees to reimburse H2Ofront.com, Inc. for all costs and expenses, including attorneys' fees, incurred by H2Ofront.com to collect amounts due from User to H2Ofront.com, Inc. or to enforce any legal provision posted on this Site.
User further agrees that User will, in addition to any other amounts due hereunder, pay to H2Ofront.com, Inc. interest accruing at the maximum rate permitted by law on any amount not paid to H2Ofront.com, Inc. in full on its due date.
SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part, in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
SURVIVAL
All of the User's obligations hereunder shall survive the expiration, termination or cancellation of this Agreement or of the User's account with H2Ofront.com.
ACKNOWLEDGMENT
These Terms of Use and Service, including all documents referenced herein, represent the entire understanding between you and H2Ofront.com regarding your relationship with H2Ofront.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the H2Ofront.com Site. The aforementioned Terms of Use and Service are subject to change without prior notice.
SPECIAL ACCESS PRIVILEGES
You may not be able to access certain areas of this Site or use certain services without registering for an account and/or subscribing to services. All account holders must be at least 18 years of age. It is your responsibility to choose a secure User ID or User name and password and to maintain the confidentiality of your username and password. You are solely responsible for all activity conducted via your UserID or username and password. You agree to pay for all purchases made via your UserID or UserName and password as though you had made them. You agree to defend and hold harmless H2Ofront.com from any liabilities or expenses (including legal fees and costs) arising out of any activity conducted under your UserID or UserName and password.
SUBSCRIPTION
Subscribers may subscribe to fee-based services of H2Ofront.com upon the following additional terms and conditions. You can always find the current Subscription fees and charges posted on our Site. We reserve the right to change our fees and billing methods at any time without advance notice. It is your responsibility to check the Site for changes to fees. The minimum term for a subscription shall be one month. Thereafter, the term of each subscription shall automatically renew unless the Subscriber gives H2Ofront.com, Inc. written notice received 30 days prior to the commencement of a renewal term. Payment for the initial term and for any renewal term shall be made in advance and in full and shall be non-refundable (see Guarantee). Payment can be made on-line via our secure credit card and check gateway or by providing the necessary information via fax 877-649-5701 or via email to Sales@H2Ofront.com. You hereby authorize H2Ofront.com to automatically charge your credit or debit account in full and in advance for the then-applicable fees at the beginning of the initial term of your subscription and of any renewal term unless you have given the advance notice as required above. In the event of a chargeback, in addition to any other remedies permitted hereunder or by law, a $15 fee will be assessed, if permitted by applicable law.
Each subscription shall cover one and only one real property unit.
H2Ofront.com reserves the right to impose reasonable limitations on updating privileges which may be made by a Subscriber to any postings and to impose additional charges for updating which exceeds those limitations.
Subscribers who are licensed real estate professionals represent and warrant that they will disclose the fact that they are licensed real estate professionals in all of their posted content. Any Subscribers who are licensed real estate professionals hereby represent and warrant that they are licensed and in good standing in the state or states in which any advertised property is situated. Such professionals are solely responsible for ensuring compliance with all applicable advertising requirements imposed by their respective states and/or licensing and regulatory authorities thereof. Each User who is subject to any such licensing, advertising or any other regulatory compliance requirements of any state or body thereof shall indemnify, defend and hold H2Ofront.com, its subsidiaries and affiliates and their respective officers, directors, shareholders, employees, contractors and agents, from and against any and all losses, claims, damages, liabilities, settlements, or expenses, including, without limitation, attorneys fees and costs arising from, out of or in connection with such User's failure to comply as required.
It is your responsibility to ensure that your contact and billing information are accurate and up-to-date at all times. If you fail to timely notify us of changes, in addition to any other remedies allowed us hereunder, we reserve the right to impose a penalty charge of $10 per default per renewal term.
GUARANTEE
If we receive your cancellation request regarding a pending new subscription at any time prior to our approval of your new advertising and uploading of same on to H2Ofront.com's Site, your paid subscription fee for the initial term, less a $15 administrative fee, will be credited or refunded to you, as the case may be.
H2Ofront.com provides an additional Satisfaction Guarantee that H2Ofront.com shall, in H2Ofront.com's sole discretion, use reasonable efforts and in a reasonably timely manner, to correct, at no cost to H2Ofront.com, any material inaccuracies which are reported and substantiated to H2Ofront.com as being contained in advertisements posted on the Site. The preceding sentence sets forth the User's sole and exclusive remedy therefor as against H2Ofront.com, its subsidiaries and affiliates and their respective officers, directors, shareholders, employees, contractors and agents. Each Subscriber-advertiser shall indemnify, defend and hold H2Ofront.com, its subsidiaries and affiliates and their respective officers, directors, shareholders, employees, contractors and agents, from and against any and all losses, claims, damages, liabilities, settlements, or expenses, including, without limitation, attorneys fees and costs arising from, out of or in connection with such advertising or any inaccuracies therein.
CERTIFIED PROPERTIES
Properties which are Certified i) appear, based upon independent, in-person, visual inspection performed by H2Ofront.com, to conform to their listed descriptions and ii) meet additional criteria established by H2Ofront.com. H2Ofront.com is not a licensed home inspection service or construction contractor and reliance upon such Certifications is at your sole risk. Criteria are subject to change without notice.
USE OF THIS SITE IS VOID AND PROHIBITED WHERE AND AS PROHIBITED BY APPLICABLE LOCAL LAW
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