Website Terms and Conditions

Section 1: Terms and Conditions of Use

1.1 The following "Terms and Conditions" govern your use of the HOL website, www.HomeOwnersLink.com, hereinafter the “Site.” The Site is made available by HomeOwners-Link, LLC, (the "Site Proprietor" or “HOL”). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions you may not access or use the Site.

1.2 You may only use the Site if you are domiciled in the United States and you are 18 years old or older.

1.3 HOL may change the Terms and Conditions from time to time, and at any time, without notice to you, by posting such changes on the Site. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.

Section 2: Services Available on the Site

2.1 HOL provides a service by which Insurance Agents receive information of people actively involved in a mortgage loan transaction. This information is intended for the Insurance Agent to inform such person(s) of options available to them for their homeowner’s insurance needs.

2.2 HOL does not endorse or recommend any companies or insurance policies. HOL does not provide insurance, tax, or financial advice. HOL does not issue insurance contracts or bind coverage. HOL does not guarantee that any of the Insurance Agents, brokers, and/or companies to whom HOL may forward information will contact those potential customers or agree to provide those potential customers with insurance coverage. HOL is not responsible in any way for the conduct of Insurance Agents or the companies represented by Insurance Agents, their officers, employees, directors, associates, affiliates, brokers, and/or discount program representatives that are provided information. Furthermore, HOL is not responsible in any way for the conduct of potential customers or those that may become customers of Insurance Agent.

2.3 HOL reserves the right for any reason in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, content, features, and/or hours of availability. HOL may also impose limits on certain features of the Site or restrict access to part of the Site or the entire Site without notice or penalty.

Section 3: Insurance Agents Section of Site

The password-protected portions of the Site (e.g., the "For Agents" section on HomeOwnersLink.com) is governed by these Terms and Conditions and the Insurance Agent Agreement between the Site Proprietor and Insurance Agents and/or brokers, or other companies to which the Site Proprietor may issues Site passwords.

Section 4: Proprietary Rights

4.1 The Site Proprietor owns, solely and exclusively, all rights, title, and interest in and to the Site, all the content, code, data, and materials thereon, the look and feel, design, and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including, but not limited to, all intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data, or materials you may access on the Site.

4.2 You may view the content on the Site on your computer or other internet-compatible device, and make single copies or prints of the content on the Site for your use only. You may not otherwise copy, reproduce, distribute, or otherwise exploit any content, code, data, or materials on the Site. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.

4.3 HOL does not grant any license or other authorization to any user of our trade names, trademarks, service marks, or other marks or logos without our separate expressed written agreement. Third party marks are the property of their respective owners.

Section 5: User Submissions

5.1 In the course of your use of the Site, you may be asked to provide or you may provide on your own inclination, information and/or materials to us (hereinafter "User Submissions"). User Submissions include, for example, information you submit to us via your interest in receiving additional information from HOL. User Submissions may also include information and materials you submit to us via other on-line forms on the Site, by e-mail, or in any other manner via the Site.

5.2 HOL information collection and use policies with respect to the privacy of personal information (with the exception of testimonials, which may be used as set forth in Section 6 below) are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. Please read our Privacy Policy before submitting any User Submissions. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Submissions.

5.3 HOL is not responsible for maintaining any User Submissions that you provide to us, and HOL may delete or destroy any such User Submissions at any time without notice to you. HOL reserves the right to refuse to post or remove any User Submissions, in whole or in part, that, in its sole discretion, are unlawful, unacceptable, undesirable, inappropriate, or in violation of these Terms and Conditions.

Section 6: Testimonials

6.1 If you submit information and/or materials describing how the Site has worked for you, (hereinafter “Testimonial”), such Testimonial is not deemed confidential or secret, and may be used by HOL in any manner.

6.2 By submitting or sending a Testimonial to us, you: (i) represent and warrant that the testimonial is original to you, and that no other party has any rights thereto, and that any "moral rights" in such testimonial have been waived; and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, fully transferable, assignable, and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such testimonial (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.

Section 7: User Conduct

7.1 You warrant and agree that while using the Site you shall not upload, post, or transmit to or distribute, or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

7.2 You also warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site for commercial purposes; (c) engage in spamming, flooding, harvesting of e-mail addresses or other personal information, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or send chain letters, or pyramid schemes via the Site; or (d) attempt to gain unauthorized access to other computer systems through the Site.

7.3 You warrant and agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site and/or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

7.4 You agree to defend, indemnify, and hold the Site Proprietor and its directors, officers, employees, agents, and affiliates harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees arising in any way from your misuse, whether intended or unintended, of the Site, your placement or transmission of any message, content, information, software and/or any other materials of any nature through the Site, your breach of these Terms and Conditions, and/or violation of the law.

Section 8: Your Account and Password

8.1 HOL may enable you to establish an account on the Site with a user name and password. You are responsible for maintaining strict confidentiality of your account password, and you are responsible for any activity conducted with your account and password. It is your sole responsibility to control the dissemination and use of your password, control access to, and use of your account, and notify the Site Proprietor when you desire to cancel your account on the Site.

8.2 You agree to (a) immediately notify HOL of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.

8.3 HOL is not responsible and/or liable for any loss or damage arising from your failure to comply with these provisions.

Section 9: Linked Sites

You acknowledge and agree that HOL is not responsible for the accuracy or availability of information provided by websites to which you may link from the Site ("Linked Sites"). Links to additional sites do not constitute an endorsement by or association with HOL of such sites or the content, products, advertising, or other materials presented on such sites. HOL does not author, edit, or monitor these Linked Sites. You acknowledge and agree that HOL is not 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, and/or services available on such Linked Sites.

Section 10: DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND HOL HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESSED AND IMPLIED. HOL DOES NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HOL MAKES NO WARRANTY THAT THE SITE WILL MEET USER’S REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOL, OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY USER SUBMISSION. YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.

Section 11: LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SITE PROPRIETOR OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, OR ANY APPLICATIONS, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON(S) ON OR THROUGH THE SITE.

Section 12: Applicable Laws

HOL controls and operates the Site from our offices in the United States of America. HOL does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Section 13: Governing Law

The Terms and Conditions and relationship between you and HOL shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and heard in the appropriate court in the State of Oklahoma. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Oklahoma.

Section 14: Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim, or cause of action by you arising out of or related to use of the Site or the Terms and Conditions must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.