Terms
of Use
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HomeCharlotte
Web Site User Agreement
The HomeCharlotte network of Web Sites and related Internet
media properties (the "Site") is an online information
service provided by HomeCharlotte, subject to your compliance
with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. HOMECHARLOTTE MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE
SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws
protect the entire contents of the Site. The owners of the
intellectual property, copyrights and trademarks are recognized
to be HomeCharlotte, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You
may print and download portions of material from the different
areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to
grant to HomeCharlotte a non-exclusive, royalty-free, worldwide,
sub-licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works
of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas
contained therein for new or improved products and services)
you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to HomeCharlotte
by all means and in any media now known or hereafter developed.
You also grant to HomeCharlotte the right to use your name
in connection with the submitted materials and other information
as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that
you shall have no recourse against HomeCharlotte for any
alleged or actual infringement or misappropriation of any
proprietary right in your communications to HomeCharlotte.
2.
Trademarks.
Any other names of HomeCharlotte or its Web sites, publications,
products, content or services referenced herein or on the
Site are the exclusive trademarks or service marks of HomeCharlotte,
including the "look" and "feel" of the
Site, HomeCharlotte's color combinations, layout, and all
other graphical elements. Any use of HomeCharlotte's trademarks
is strictly prohibited without the express permission from
HomeCharlotte. Other product and company names mentioned
in the Site may be the trademarks of their respective owners.
3.
Use of the Site.
You understand that, except for information, products or
services clearly identified as being supplied by HomeCharlotte,
HomeCharlotte does not operate, control or endorse any information,
products or services on the Internet in any way. Except
for HomeCharlotte- identified information, products or services,
all information, products and services offered through the
Site or on the Internet generally are offered by third parties
that are not affiliated with HomeCharlotte. You also understand
that HomeCharlotte cannot and does not guarantee or warrant
that files available for downloading through the Site will
be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any
lost data.
In
connection with your use of the Site, you agree you will
not:
1. Transmit any message, information, data, text, software
or images, or other content ("Material") that
is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or otherwise objectionable
that may invade another's right of privacy or publicity;
2. Impersonate any person or entity, including but not limited
to, an HomeCharlotte official, forum leader, guide or host
or falsely state or otherwise misrepresent your affiliation
with a person or entity;
3. Post or transmit any Material that you do not have a
right to reproduce, display or transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
4. Post or transmit any Material that contains a virus or
corrupted data;
5. Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication
feature;
6. Use the Site's communication features in a manner that
adversely affects the availability of its resources to other
users (e.g., excessive shouting, use of all caps, or flooding
continuous posting of repetitive text);
7. Post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other
form of solicitation or any non-resume information such
as opinions or notices, commercial or otherwise;
8. Violate any applicable local, state, national or international
law;
9. Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights of any party;
10. Delete or revise any Material posted by any other person
or entity; or
11. Manipulate or otherwise display the Site by using framing
or similar navigational technology.
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. HOMECHARLOTTE PROVIDES THE
SITE AND RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND THE HOMECHARLOTTE SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT
THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH
ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU
ACCESS SUCH MATERIALS AT YOUR RISK. THE HOMECHARLOTTE
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY IN NO EVENT WILL HOMECHARLOTTE BE LIABLE FOR
(I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF THE HOMECHARLOTTE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, HOMECHARLOTTE'S LIABILITY
IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4.
Equipment.
You shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed
for access to and use of the Site and all charges related
thereto.
5.
Indemnification.
You agree to indemnify, defend and hold harmless HomeCharlotte,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Site from
and against all losses, expenses, damages and costs, including
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or your
use and access of the Site.
6.
Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5
(Indemnification) are for the benefit of HomeCharlotte and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Site. Each
of these individuals or entities shall have the right to
assert and enforce those provisions directly against you
on its own behalf.
7.
Information.
Each User agrees to be solely responsible for the User's
own Information, and understands, accepts and/or provides
advance consent to the full extent necessary to allow HomeCharlotte
to act as a facilitator of said Information without incurring
liability of any kind or nature.
Notwithstanding the foregoing, Information: (a) shall not
infringe HomeCharlotte's or any third party's contract,
copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (b) shall not
violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer
protection, unfair competition, anti-discrimination or advertising);
(c) shall not be defamatory, trade libelous, unlawfully
threatening or unlawfully harassing or include threats,
hate speech, vulgarity, obscenity, pornography, adult or
otherwise inappropriate material; (d) shall not contain
any viruses, Trojan horses, worms, time bombs, cancel bots
or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
and (e) shall not promote information, good, content, service
or any product that you do not have a right to link to or
include. Furthermore, an Agent may not post on HomeCharlotte's
website or offer through our HomeCharlotte any: (f) information,
good, content, service or product that could cause HomeCharlotte
to interfere with any contract or rights of any person or
violate any applicable law, statute, ordinance or regulation
or otherwise incur liability of any type or nature, or (g)
any information, good, content, service or other product
that you are not legally or contractually permitted to perform,
provide or promote under applicable laws or regulations,
or any impermissible activity, including practices or promotions
that might or do compete with HomeCharlotte now or in the
future.
To the full extent necessary to enable HomeCharlotte to
access or otherwise use Information without liability, the
submitting User grants HomeCharlotte a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub licensable (through
multiple tiers) right (or waiver) to exercise the copyright,
publicity or any other rights that exist anywhere in the
world in or with respect to the Information, in any media
now known or not currently known. This provision does not
entitle HomeCharlotte to any ownership or exclusivity rights
to the Information but shall be deemed to allow HomeCharlotte
to freely use, modify and exploit the Information for HomeCharlotte's
own business purposes and/or profit.
8.
PAYMENT OF CHARGES
A. Timely Payment.
An User is expected to pay all Charges on time and may be
required to submit an accompanying payment and/or payment
authorization in connection with Charges. Credit card transactions
require an acceptable and currently working credit card
number. If the credit card expires or otherwise declines
payment, access to HomeCharlotte can be modified or suspended
by HomeCharlotte. If payment is more than thirty (30) calendar
days past due an additional 17% of the balance, or the maximum
allowable by law, whichever is less, may be assessed on
the total amount of the late payment, and the entire amount
unpaid Charges or other outstanding balance (if any), plus
this assessment, will become immediately due and payable.
The User shall pay all costs of collection, including legal
fees, incurred by HomeCharlotte. The User is responsible
for any premium Charges incurred in connection with the
use of and/or by requesting or accessing HomeCharlotte information,
content, goods, product or services that are provided at
an extra cost. Each time HomeCharlotte is accessed or used,
the User affirms and re-affirms that HomeCharlotte is authorized
to obtain payment from through a selected payment method.
All fees are quoted and payable in United States dollars.
The User is also responsible for paying all applicable taxes
for information, contents, goods, products or services and
any other costs incurred in connection with the use of or
access to HomeCharlotte including Charges incurred on your
account by the User, or anyone the User allows to use the
User's account, even if in violation of these TERMS OF USE,
including, but not limited to, professional colleagues,
former HomeCharlotte Members, family or friends.
B. Payment Methods.
Your exact billing address and telephone number must be
provided to properly process payments. HomeCharlotte accepts
major credit cards including Visa and MasterCard and for
some Charges may accept bank drafts including personal checks,
money orders, cashiers checks, and company checks. However,
for non-credit card payment methods HomeCharlotte may not
credit the applicable Membership account until additional
procedures are completed and after the bank certifies receipt
of funds – typically eight to ten (8-10) business
days. HomeCharlotte may charge a twenty-five dollar ($25.00)
handling fee, or the maximum allowable by law, whichever
is less, for each check returned unpaid for insufficient
funds or any other reason.
C. Account Discrepancies.
An User may always contact HomeCharlotte customer service
by e-mail or telephone concerning Charges or other questions
regarding the status of a Membership account. However, if
not satisfactorily resolved within fifteen (15) business
days of calling or sending e-mail, and in no event later
than sixty (60) days after a questionable billing or other
discrepancy should have been discovered, the User must write
to the Customer Service Department, HomeCharlotte, 1611
East 7th Street Charlotte, NC 28204 delivered by United
States mail or by fax to 704-332-4005. Failure to write
within these time frames waives the right to question Charges.
9.Term;
Termination.
Membership with HomeCharlotte may be canceled or terminated
at any time in accordance with these TERMS OF USE. However,
no portion of any outstanding Charges owed to HomeCharlotte
of any kind, including applicable subscription or marketing
fees, are refundable by HomeCharlotte and no outstanding
fees will be waived or become negotiable. The User will
remain liable for any Charges or other monetary obligations
incurred pursuant to these TERMS OF USE before cancellation
or termination of Membership. An User may cancel any recurring
service by delivering a written notice at least thirty (30)
days prior to the monthly renewal charge date requesting
cancellation addressed to the Customer Service Department,
HomeCharlotte, 201 South Tryon Street - Suite 1410, Charlotte, NC 28202
by United States mail or by fax to 704-332-4005. Without
limiting any other remedies, HomeCharlotte may issue a warning,
temporarily suspend, indefinitely suspend or terminate User
Membership, and delete any of User information and any other
information placed on the site if, in HomeCharlotte's sole
discretion:
a) The User engages in any fraudulent activity in connection
with the HomeCharlotte website, or HomeCharlotte suspects
such activity; or b) HomeCharlotte is unable to verify or
authenticate any Information provided to us by the User;
or c) The User breaches the TERMS OF USE in any manner;
or d) It is necessary to protect HomeCharlotte's interests.
The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 3 (Use of the Site), 5 (Indemnification),
6 (Third Party Rights) and 11 (Miscellaneous) shall survive
any termination of this Agreement.
10.
Modification or Discontinuation of Service.
HomeCharlotte reserves the right to modify or discontinue
service or any portion thereof, or the offering of any information,
good, content, product or service with or without notice
to any User. HomeCharlotte shall not be liable to any User
or any third party should HomeCharlotte exercise its right
to modify or discontinue service.
11. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree
to comply with all local rules including, without limitation,
rules about the Internet, data, e-mail, or privacy. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United
States or the country in which you reside.
12.
Dealings with Third Parties.
Your participation, correspondence or business dealings
with any third party found on or through the Site, regarding
the payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and
such third party. You agree that HomeCharlotte shall not
be responsible or liable for any loss, damage or other matters
of any sort incurred as the result of any such dealings.
13.
Links.
The Site may provide, or third parties may provide, links
to non-HomeCharlotte Internet World Wide Web sites or resources.
Because HomeCharlotte has no control over such sites and
resources, you acknowledge and agree that HomeCharlotte
is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other
materials on or available from such sites or resources.
You further acknowledge and agree that HomeCharlotte shall
not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content,
goods or services available on or through any such site
or resource.
14.
Entire Agreement.
You, the User, and HomeCharlotte acknowledge, understand
and agree that these TERMS OF USE constitute the entire
and only understanding and agreement between us, that these
TERMS OF USE supersede all prior or contemporaneous agreements,
discussions, or representations, whether oral or written,
with respect to HomeCharlotte, and that these TERMS OF USE
cannot be varied, amended, changed, waived, or discharged
except in writing by the President of HomeCharlotte. You,
the User, further acknowledge that no promises, representations,
inducements, agreements, or warranties, other than those
explicitly set forth in these TERMS OF USE, have been made
to induce your acceptance of these TERMS OF USE nor have
you, the User, agreed to these TERMS OF USE in reliance
on any such promise, representation, inducement, or warranty.
15.
Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of the State of North Carolina applicable
to agreements made and to be performed in North Carolina.
You agree that any legal action or proceeding between HomeCharlotte
and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting
in the county of Mecklenburg, state of North Carolina.
Any
cause of action or claim you may have with respect to the
Site must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action
is barred. HomeCharlotte's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
HomeCharlotte may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Some
of the information on this Web site may contain projections
or other forward-looking statements regarding future events
or the future financial performance of HomeCharlotte. We
wish to caution you that these statements are only predictions
and that the actual events or results may differ materially.
The company files documents from time to time with the Securities
and Exchange Commission, specifically, our most recent prospectus.
These documents contain and identify important factors that
could cause the actual results to differ materially from
those contained in our projections or forward-looking statements.
They include, among others, potential fluctuations in quarterly
results, retention and dependence on personnel; dependence
on Internet advertising and a limited number of advertisers,
market change, competition, risks associated with Internet
infrastructure, volatility of stock price, limited protection
of intellectual property, and future growth subject to risks.
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