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Terms of Use and Consent to Use Electronic Records
HOMEOWNERCONNECT.ORGTM TERMS OF SERVICE EFFECTIVE AS OF   []
 
IMPORTANT - THIS IS A LEGAL AGREEMENT BETWEEN YOU (WHICH SHALL BE IDENTIFIED HEREIN AS “YOU” OR THE “USER” (WITH “USER” FURTHER DESCRIBED BELOW)) AND HOC.
BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE SITE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE OR THIS “AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF SITE AND ANY PROGRAMS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE OR THIS “SITE”). HOC IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED INFORMATION AND SERVICES TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
 
TERMS AND CONDITIONS
1.    RESERVATION OF RIGHTS
We reserve the right at any time to:

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site or electronic mail. Your continued use of the Site following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
 
2.    LICENSE GRANT, FORECLOSURE ALTERNATIVE APPLICATION FORMS AND RELATED MATERIALS.
The Site is provided by HOC, and this Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site and any data made available through or from the Site conditioned on your continued compliance with this Agreement. This Agreement permits you to use and access for personal use only the Site

(i) on a single laptop, workstation, or computer and
(ii) from the Internet or through an on-line network.

You may also load information from the Site into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The application and other information, forms and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about HOC and the Site itself. Unless otherwise specified on the Site, you may download the various forms accessible through the Site pursuant to the terms and conditions of the License Agreement for Foreclosure Alternative Application Forms (“License Agreement”) displayed on the https://www.homeownerconnect.org/pdf/HOCLicenseAgreement.pdf site.
 
3.    DISCLOSURES.
You understand, acknowledge, and agree that HOC is not responsible for the payment of your mortgage or any decisions of your mortgage servicer, lender, or investor. Please see Site Disclosures at https://www.homeownerconnect.org/pdf/HomeownerDisclosure.pdf for important information for homeowners.
 
4.    RESTRICTIONS.
The Materials remain the property of HOC or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of the license agreements relating to such Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized and, in any event, you may not distribute, modify, transmit or publicly display the Materials except as permitted by the License Agreement or, if so indicated in writing by HOC, its licensors or suppliers.
 
5.    REGISTRATION.
Some areas of the Site may require you to be or become a registered user. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you (or on your behalf under your direction or knowledge) is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of the Site and/or disclose to our members what other members you had applied to consistent with the terms of our Privacy Policy.

As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting the Forgot Password link or notify us of the problem by emailing help@homeownerconnect.org.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING SUBMISSIONS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
 
6.    CODE OF CONDUCT.
While using the Site or Materials, you agree not to:
While using the Site or Materials, you agree to comply with all applicable laws, rules and regulations.
 
7.    SUBMISSIONS AND POSTINGS.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
 
8.    REPRESENTATIONS AND WARRANTIES
You represent and warrant to HOC that
 
9.    LINKS.
The Site may contain links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by HOC. HOC has not reviewed all of the web sites that are or may be linked to the Site, and HOC has no control over such sites. Accordingly, HOC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party sites. Moreover, these links do not imply an endorsement with respect to any third party or any site or the products or services provided by any third party. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
 
10.    SUBMISSIONS AND POSTINGS.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions. Notwithstanding the foregoing, you acknowledge and agree that HOC shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to provide any necessary content or information for your use of the Site in a timely or accurate manner. Moreover, HOC assumes no responsibility for the deletion of or failure to store any content or information.
 
11.    OTHER TERMS AND CONDITIONS.
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this Agreement by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. HOC’s obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Agreement should be construed to alter such terms, conditions, notices, and agreements.
 
12.    DIRECTORY.
HOC may make available through the Site an on-line directory of MortgageKeeper which provides information about local and national resources available to homeowners in financial distress (“MortgageKeeper”). In addition to any other terms and conditions set forth in this Agreement, you acknowledge and agree that MortgageKeeper shall be used only for personal purposes and that any information from MortgageKeeper shall not be further published, displayed, or made accessible. Accordingly, unless HOC has provided its prior written consent, you acknowledge and agree that the contents of MortgageKeeper may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this Agreement. HOC makes no representations or warranties regarding any such person or entity (or the related information) listed in MortgageKeeper, and any information made available through MortgageKeeper is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranty of any kind.
 
13.   CREDIT EFFECT.
You understand and agree that HOC is not providing any service to specifically impact or improve your credit rating, record, or history. You agree and understand that HOC is not providing any credit repair service. The updating of a credit report is the responsibility of the credit grantor. HOC shall not be liable to you for any reason, including garnishments, levies, late fees, negative credit history, repossessions or derogatory credit information. Ask your mortgage servicer for details.
 
14.   OWNERSHIP AND RESTRICTIONS ON USE.
The Site is owned and operated by HOC, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of HOC or its licensors or suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by HOC or, if so indicated in writing by HOC, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site such as Homeowner Connect™ among others (collectively the “Trademarks”) are the registered or unregistered trademarks of HOC. The Trademarks owned by HOC, whether registered or unregistered, may not be used in connection with any product or service that is not HOC’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages HOC. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of HOC or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and HOC will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Copyright © Hope LoanPort®, Inc., 2012. All rights reserved. No part of this Site may be reproduced, modified, or distributed in any form or manner without the prior written permission of Hope LoanPort®, Inc.
 
15.   PRIVACY POLICY.
You understand, acknowledge, and agree that the operation of certain areas of the Site requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of the Site will constitute acceptance of Site’s personal identifying information collection and use practices. Please see Site HOC’s Privacy Policy at https://www.homeownerconnect.org//privacy.aspx for a summary of HOC’s personal identifying information collection and use practices.
 
16.    INDEMNITY
You agree to defend, indemnify, and hold harmless Site and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this Agreement.
 
17.   JURISDICTIONAL ISSUES.
Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service that we provide. We also reserve the right in our sole discretion to remove any mortgage servicer without further or special notice.
 
18.   ENFORCEMENT.
HOC reserves the right to monitor compliance with the terms and conditions of this Agreement and to otherwise protect its rights in the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. You also acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to HOC and/or its licensors or suppliers, such injury would not be quantifiable in monetary damages, and HOC and/or its licensors or suppliers would not have an adequate remedy at law. You therefore agree that HOC and/or its licensors or suppliers (or on their behalf) shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that HOC or its licensors or suppliers post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to HOC to enforce any provision of this Agreement.
 
19.    TERMINATION.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of theSite or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
 
20.    DISCLAIMERS.
THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

HOC AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF HOC OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE SHALL CREATE ANY WARRANTY.YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or Materials could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
 
21.    LIMITATION OF LIABILITY.
NEITHER HOC NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF ANY MORTGAGE SERVICER, APPLICANT, MORTGAGE LENDER, HOUSING COUNSELING AGENCY, GOVERNMENT AGENCY, NOR THE USE OR MISUSE BY MORTGAGE SERVICER, APPLICANT, MORTGAGE LENDER, HOUSING COUNSELING AGENCY, GOVERNMENT AGENCY, OF ANY PERSONAL INFORMATION COLLECTED ON-LINE AND ACCESSED BY ANY MORTGAGE SERVICER, APPLICANT, MORTGAGE LENDER, HOUSING COUNSELING AGENCY, GOVERNMENT AGENCY, NOR FOR ANY DELAY, REJECTION OR OTHER OUTCOME RESULTING FROM THE APPLICATION PROCESS OF ANY MORTGAGE SERVICER, NOR FOR ANY PARTICULAR USER OR HOMEOWNER’S APPLICATION OR ACCEPTANCE STATUS WITH ANY MORTGAGE SERVICER OR FORECLOSURE ALTERNATIVE PROGRAM, NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO HOC FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
 
22.    QUESTIONS.
The Site is provided by Homeowner Connect, a division of Hope LoanPort®, Inc. through it service provider. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at help@homeownerconnect.org or at info at http://homeownerconnect.org/contact-us.aspx
 
23.    GOVERNING LAW.
This Agreement is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any court located in the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against HOC must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, you agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys' fees in any proceeding.

You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. HOC makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact HOC if you wish to receive a printed copy of this Agreement.
 
24.    MISCELLANEOUS.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with HOC’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
25.    Consent to Use Electronic Records.
As part of your relationship with us, from time to time, we may be required to provide certain disclosures and other records to you in writing, in paper format or ask you to enter into agreements electronically (any of the foregoing, “Records”); you hereby expressly consent to HOC providing such documentation to you in electronic format or establishing agreements electronically. Notwithstanding, HOC reserves the right to send to you any Records in paper format, and we reserve the right to request for you to submit Records to us in paper format. You have the right at any time to elect to receive paper copies of any applicable Records by contacting our Customer Support desk via email at help@homeownerconnect.org. HLP reserves the right to require you to pay a reasonable fee to cover its costs for delivering such copies to you, unless prohibited by applicable law. You agree that we may satisfy our obligation (as applicable) to provide you with an annual copy of our Privacy Policy by keeping it available for review on www.homeownerconnect.org, however this Consent may apply to any transaction that you may have with HOC (unless your Consent is otherwise withdrawn).
You may agree to withdraw your consent at any time by expressly notifying us via email at our Customer Support Desk (help@homeownerconnect.org). Your withdrawal of consent will become applicable after we have a reasonable amount of time to act upon it. You must agree to keep your email address current with us, and in the event of a change you will notify our Customer Support Desk. In order to receive the disclosures electronically, you must have a current version of an internet support browser we support [Internet Explorer or Firefox] connection to the internet, and a computer and an operating system capable of supporting all of the above. You will need a printer if you wish to print out and retain any records on paper, and electronic storage if you wish to retain records electronically. In the event our hardware or software requirements change after you provide your consent resulting in the inability for you to access the applicable Records electronically, we will take reasonable measures to notify you of any changes, and you may contact our Customer Support Desk for updated requirements if you are unable to access this website, which you have printed for your future records as necessary. Your use of this website will be deemed your acknowledgement and consent to any changed hardware or software requirements.