Terms & Conditions
The
information contained in this Healthy Home Association
online site is intended to provide broad consumer
understanding and knowledge of Healthy Home
products,healthy construction methods, termite / insect
control, mold, allergy, and asthma topics and products.
Information is compiled from a variety of sources
("information providers") but should not be considered
complete and should not be used in place of a visit,
call, consultation, or advice of your physician or other
health care provider. Healthy Home Association our
members and suppliers does not recommend the
self-management of health problems, nor does it promote
or recommend any particular form of medical treatment.
People using information accessed through this site
should also research original sources of authority.
The
Association makes no warranty as to the reliability,
accuracy, timeliness, usefulness, or completeness of the
information. Should you have any health care-related
questions, please call or see your physician or other
health care provider promptly You should never
disregard medical advice or delay in seeking it because
of something you have read on this site. Information
accessed through this online site is provided "AS IS"
and without warranty, express or implied. All implied
warranties of merchantability and fitness for a
particular use or purpose are hereby excluded.
The
Healthy Home Association and other information
providers, "information providers" cannot and do not
guarantee or warrant that files available for
downloading on this online site will be free of
infection, or viruses worms, ect. In case of damages (
including without limitation, liability arising out of
contract, negligence, strict liability, tort or patent
of copyright infringement) shall not exceed the fees
paid by the user for the particular information or
service provided. In no event shall Healthy Home
Association, or other "information providers" be liable
for any damages other than the amount referred to above,
and all other damages, direct or indirect, special,
incidental, consequential, or punitive, are hereby
excluded even if the Healthy Home Association, or other
"information providers" have been advised of the
possibility of such damages. This Agreement consists of
the terms and conditions set forth below, including all
exhibits hereto and the information.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR
USING THE ONLINE SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW. IF YOU ARE NOT
WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SERVICE. THE HEALTHY Home
ASSOCIATION MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
EITHER POSTING, OF THE MODIFIED AGREEMENT OR NOTIFYING
YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Software License. By this Agreement, The Healthy Home
Association grants to you, subject to the terms of this
Agreement, a non-transferable and non-exclusive license
to use any software and documentation, together with all
updates, enhancements, modifications, and fixes thereto,
which are owned by Healthy Home Association and/or its
Licensors.
2.
Equipment. You must provide, at your own cost, all
telephone and other equipment and services (including
where necessary, telephone service and Internet access
service) necessary to access the Service.
3.
Operating Policies. You agree to comply with the
Operating Policies set forth in Exhibit A which are the
rules that govern user activity in connection with the
Service as they may be amended by The Healthy Home
Association from time to time. Healthy Home may remove
any communications and materials that Healthy Home
believes in its sole discretion to violate the Operating
Policies, however does not guarantee that it will
remove any or all of such material. Violations of the
Operating Policies or other provisions of this Agreement
may also result in termination or suspension of the
Service.
4.
Copyright, Licenses, and Idea Submissions. The entire
contents of the Service are copyrighted as a collective
work under the United States and other copyright laws.
The Healthy Home Association holds the copyright in the
collective work. The collective work includes work which
are the property of The Association and Licensors which
are also protected by copyright and other intellectual
property laws. You may display and download portions of
the material from the different areas of the Service
solely for your own non-commercial use. Any
redistribution, retransmission, or publication of any
material is strictly prohibited without the express
written consent of the copyright owner. You agree not to
change or delete any proprietary notices from materials
downloaded from the Service.
5. You
agree to grant to The Healthy Home Association a
non-exclusive, worldwide, royalty-free, perpetual
license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of,
publicity display and publicity perform any materials
and other information (including, with out limitation,
ideas contained therein for new or improved products or
services) You agree that you shall have no recourse
against Healthy Home Association for any alleged or
actual infringement or misappropriation of any
proprietary right in your communication to us.
6. Review.
HEALTHY Home ASSOCIATION DOES NOT AND CANNOT REVIEW ALL
COMMUNICATIONS AND MATERIALS POSTED OR UPLOADED TO THE
SERVICE; AND IS NOT RESPONSIBLE FOR THE CONTENT OF THESE
COMMUNICATIONS AND MATERIALS. INFORMATION CONTAINED IN
ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS
PROFESSIONAL ADVICE OR INSTRUCTION.
7.
Indemnification. You agree to indemnify, defend and hold
harmless The Healthy Home Association , its officers,
directors, employees, agents, licensors, suppliers, and
"service providers" from and against all losses,
expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement or any activity related to your account
(including negligent or wrongful conduct) by you or any
other person accessing the online service using your
Service account.
8.
Third Party Rights. The Association and its officers,
directors, employees, agents, licensors, suppliers, and
"service providers". Each of these individuals or
entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
9.
Term; Termination. This Agreement shall commence upon
your accessing the online service and/or completing the
registration process. This Agreement may be terminated
without notice at any time for any reason and may be
terminated by you upon notice to The Healthy Builders
Association at any time for any reason. The provisions
of paragraphs 4 (Copyright, License, and Idea
Submission), 5 (Use of Online Service), 6
(Indemnification), 7 (Third Party Rights) and 9
(Miscellaneous) shall survive any termination of this
Agreement.
10.
Miscellaneous. This Agreement shall be governed by and
construed in accordance with the laws of Oklahoma.. You
agree that any legal action or proceeding between
Healthy Home Association and /or our officers,
directors and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be
brought exclusively in a court of competent
jurisdiction in Oklahoma city. Any cause of action or
claim you may have with respect to the online service
must be commenced within one (1) year after the claim or
cause of action arises. Healthy Builders Association'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.
Healthy Home Association may assign its rights and
duties under this Agreement to any party at any time
without notice to you.
11.
Healthy Home is a us registered trademark of Healthy
Builders, LLC. Other trademarks and service marks
appearing on the Service may be owned by other parties
including third parties not affiliated with The
Association.
12.
Notice. Healthy Home Association may deliver notice to
you under this Agreement by means of electronic mail, a
general notice on the Service, or by written
communication by first class mail to your address on
record information. You may give notice to Healthy Home
Association at anytime via electronic mail and by letter
delivered by first class postage prepaid U.S. mail or
overnight courier to the following address: Healthy Home
Association /manager 7150 N.W. 112 street Oklahoma
City, OK 73162
Exhibit A Operating Policies
These
operating policies govern your conduct on the Service.
Your failure to comply with these policies may result in
suspension or termination of your access to the Service
and depending on the circumstances legal action against
you.
1.
Requirements. You must be an individual at least 18
years of age to register on the Service under your own
name. Please update us for change of address or name.
2.
Account Access. If/when you initially register for the
Service, you will be asked to select a User ID and
password. Association reserves the right to reject or
change any User ID you select for any reason in its sole
discretion.
3.
Online Communications. Your participation in online
communications occurs in real time and is not edited,
censored, or otherwise controlled by the Association.
The Association cannot and does not screen content
provided by you to the Service. Notwithstanding the
foregoing, the Association reserves the right to monitor
content on the Service and to remove content, which The
Association , in its discretion, determines to be
harmful, offensive, or otherwise in violation of these
Operating Policies for users of the Service ("Members").
4.
Members may not post or transmit any message anonymously
or under a false name. Members may not permit any other
person (other than an agent acting on Member's behalf
and subject to Member's supervision) to access the
Service using Member's account for any purpose.
5. Members may not post or transmit any message which is
libelous, defamatory, or which discloses private or
personal matters concerning any person. Members may not
post or transmit any message, data, image or program
which is indecent, obscene or pornographic.
6. Members may not post or transmit any message, data,
image, or program that would violate the property rights
of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential
proprietary information, and trademarks or service marks
used in an infringing fashion.
7. Members may not interfere with other Member's use of
the Service.
8. Members may not post or transmit any file which
contains viruses, worms, "Trojan horses", or any other
contaminating or destructive features.
9. Members may not post or transmit any message which is
harmful, threatening, abusive, or hateful. It is not the
Service's intent to discourage Members from taking
controversial positions or expressing vigorously what
may be unpopular views; however, Healthy Builders
Association reserves the right to take such action as it
deems appropriate in cases where the Service is used to
disseminate statements which are deeply and widely
offensive and/or harmful.
10. Members may not post or transmit charity requests,
petitions for signatures, chain letters, or letters
relating to pyramid schemes. Members may not post or
transmit any advertising, promotional materials or any
other solicitation of other Members to use goods or
services except in those areas that are designated for
such a purpose.
11. Members may not send unsolicited mass e-mailings to
other members.
12. You may not use the facilities and capabilities of
the service to conduct any activity which is illegal.
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