Terms of Use

THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES.  BY ACCESSING, USING OR REGISTERING AS A USER OF THIS WEBSITE OR ANY OTHER SERVICES OFFERED THROUGH OUR WEBSITE, YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH HEAVY HAMMER, INC.  THESE TERMS OF USE (THE “AGREEMENT”) SET FORTH THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE USHUD.COM WEBSITE.

Introduction
Welcome to the USHUD.com website. This website, and the information, content, services and products it makes available (collectively, the “Site” or USHUD.com), is provided to you by Heavy Hammer, Inc., a Maryland company. 

Modifications to this Agreement
From time to time, in our sole discretion, we may make changes to this Agreement by updating this posting on the Site.  At such time, we will specify the effective date of the new version of the Agreement. Your continued use of USHUD.com following the posting of a new version of the Agreement constitutes your acceptance of the new version of the Agreement, including all changes thereto.

Contact Information
If you have any questions or concerns with respect to this Agreement or the Site you may contact the USHUD.com at This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Web Site Intended Audience/Disclaimer for Access Outside of the United States
This site is controlled, operated and administered from within the United States of America.   USHUD.com makes no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.   You may not use this Site or export its materials in violation of U.S. export laws and regulations.   If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws.  Moreover, this Site is directed to adults in the United States and is not intended for children under the age of eighteen.


Privacy
We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy  and we may update our policies and practices from time to time at our sole discretion.   To the extent that there are inconsistencies between this Agreement and the Privacy Policy concerning personal information, the Privacy Policy shall govern.


Your Use of Content and Information — Disclaimer with Respect to Content
 A variety of information, content, software, including for example articles, reviews, directories, advice, messages, comments, posts, text, data, recommendations, letters, guides, text, photographs, images, illustrations, graphics, music, sound, audio clips, video, html, source and object code, trademarks, logos, and the like ("Content") is available on the Site.  Some of the Content is provided by us or our suppliers, and other Content is provided by persons who use the Site ("Users"), such as User opinions and views provided via direct communications, posts to chat rooms, blogs, bulletin boards, or discussion forums.  While we strive to keep the Content that we post on the Site accurate, complete, and up-to-date, we cannot guarantee, and we are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or our suppliers, or by Users of the Site.  We do not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Site.  Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of USHUD.com.  We do not endorse and we are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Site and we do not endorse or recommend any specific service providers or professionals mentioned on the Site.  Notwithstanding the foregoing, we do have the right (but not the obligation), in our sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.  Reliance on any information contained on the Site is solely at your own risk.


Prohibited User Conduct
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you will not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s Content, materials or services (for example, without limitation, in an RSS feed or a podcast received from USHUD.com, or otherwise through the Site), or use, redistribute, republish or exploit such Content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Site. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other means of obtaining lists of users or other information from or through the Site or the services offered on or through the Site, including without limitation any information residing on any server or database connected to the Site or the services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Site or the services made available through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of USHUD.com’s or any third party’s intellectual property rights or other proprietary or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any Content thereof, or make any unauthorized use thereof. You agree that you shall not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.


THE CONTENT AVAILABLE VIA THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER USHUD.com NOR ITS OWNERS, SUPPLIERS OR USERS ARE ENGAGED IN RENDERING COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.


Ownership and Intellectual Property Rights


Ownership
All right to, title to, and interest in the Content available via the Site, the Site's look, feel, selection and arrangement, the designs, trademarks, service marks, and trade names displayed on the Site, and the Site URLs, are the property of the USHUD.com, its owner, or its affiliated companies, licensors or suppliers, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.  The entire contents of the Site are copyrighted as a collective work/compilation.  USHUD.com owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of such content in whole or in part.

License to Use Content
We grant you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Site only for your personal and commercial use, and you may download or print a reasonable number of copies of any portion of the Content solely for your use provided you do not remove or obscure any trademark, copyright or other notice displayed on or in conjunction with such Content. You may not use any Content available via the Site in any other manner or for any other purpose without the prior written permission of USHUD.com.  All rights not expressly granted in this Agreement are expressly reserved to USHUD.com.

Trademark Notices
All trademarks, service marks, logos and designs displayed on this Site, whether registered or unregistered (collectively the “Trademarks”), are owned by USHUD.com, its owner and other third parties. You may not use or display any trademarks, service marks, logos or designs owned by USHUD.com, its owner or its affiliates without our prior written consent or the prior written consent of our licensors. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.


Your Contact With Advertisers or Other Third Parties and Other Web Sites
Your dealings with advertisers or other third parties found on or accessible through the Site are solely between you and the third party.  Links are provided solely as a convenience to Users and should not be construed as an endorsement by USHUD.com of content, items, or services on third-party Web sites.  You access and use such sites, including the content, items, or services on those sites, and you enter into dealings with such third parties, solely at your own risk.  We do not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that we will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Site.

Disclaimer of Warranties and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK. THE SITE, THE MATERIALS ON THE SITE, AND THE SOFTWARE, IMAGES, INFORMATION, AND PRODUCTS MADE AVAILABLE ON THE SITE, IF ANY, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND USHUD.com, ITS OWNERS AND ITS AFFILIATES, AGENTS, LICENSORS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, SHAREHOLDERS, REPRESENTATIVES, CONTRACTORS AND THEIR ASSIGNS (COLLECTIVELY, THE “RELATED PARTIES”) HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, QUALITY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE.   USHUD.com AND THE RELATED PARTIES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS.  NEITHER USHUD.com NOR ANY OF THE RELATED PARTIES ARE RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.


NEITHER USHUD.com, ITS OWNERS, NOR ANY OF THE RELATED PARTIES ASSUMES RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS RELATED PARTIES IS LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL USHUD.com OR ANY OF THE RELATED PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (5) ANY OTHER MATTER RELATING TO THE SITE.  THESE LIMITATIONS WILL APPLY WHETHER OR NOT USHUD.com, ITS OWNERS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN THE EVENT OF ANY LIABILITY, USHUD.com, ITS OWNERS AND THE RELATED PARTIES SHALL BE COLLECTIVELY LIABLE ONLY TO THE EXTENT OF DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.  ANY CAUSES OF ACTION YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE FILED IN A COURT OF COMPETENT JURISDICTION SITTING IN MONTGOMERY COUNTY, MARYLAND WITHIN TWO (2) MONTHS OF THE TIME IN WHICH THE EVENTS GIVING RISE TO SUCH CLAIM BEGAN OR YOU AGREE TO WAIVE SUCH CLAIM.  REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.   SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.


Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS USHUD.com, ITS OWNERS AND THE RELATED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY, INTELLECTUAL PROPERTY INFRINGEMENT, AND CLAIMS THAT YOU HAVE FOUND SOMETHING YOU HAVE HEARD, VIEWED OR DOWNLOADED FROM THIS SITE OR ANOTHER WEBSITE TO WHICH IT IS LINKED TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR INFRINGING UPON YOUR INTELLECTUAL PROPERTY RIGHTS) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OTHER WEBSITES TO WHICH IT IS LINKED; (2) THE COMPANY’S USE OF ANY CONTENT YOU PROVIDE; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.


Membership and Discontinuation of Services
Service will begin the day the first payment is made. Services include the member’s banner being placed in the geographic area/s being paid for. Further services include leads that are generated in the geographic area/s being forwarded in real time to the email address provided by the member on initial sign up. The member has the ability to change this email address at any point during their membership period and may also change any other contact information on their banner to include but are not limited to phone number/s, name presented and brokerage or associated professional group by contacting client services at 800-880-8584 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it . Changes normally take less than 24 business hours from initial request.


Members warrant and agree as professional members of USHUD.com and its family of sites that they approve the charges to their credit card or bank account. As a professional member of USHUD.com the member understand that automatic billing will occur on the day of the following month until the professional member requests to discontinue unless agreed to in writing for the amount of initial amount, not to include any set up fees. Automatic billing can be suspended or canceled by the member by contacting client services This e-mail address is being protected from spambots. You need JavaScript enabled to view it or by calling the members representative directly or by calling 800-880-8584 at least 24 hours before the date of the next billing.


Normal business hours are 9 to 5 EST, Monday through Friday except for holidays or due to inclement weather.

Your Account
During the registration process you will be asked to select a unique password for access to certain portions of the Site.  You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password.  By logging into the Site, you represent and warrant that: (i) you are the participant who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of USHUD.com, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session.  Please notify This e-mail address is being protected from spambots. You need JavaScript enabled to view it of any potential unauthorized use(s) of your account, or breach of security.


You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that we in our sole discretion deems offensive.

Submissions
USHUD.com always welcomes suggestions and comments regarding the Site and/or the services we provide.  Any comments, creative ideas or suggestions (collectively, “Submission(s)”) submitted to USHUD.com, either online or offline, will become USHUD.com’s property upon their submission.  This policy is intended to avoid the possibility of future misunderstandings when projects developed by USHUD.com might seem to others to be similar to their own submissions or comments.


By making a Submission to USHUD.com, you represent and warrant that you or the owner of all rights to such content has expressly granted USHUD.com an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the Submission provided by you.  Such Submission shall be deemed, and shall remain, the exclusive property of USHUD.com and its owners.  No Submission shall be subject to any obligation of confidence on the part of USHUD.com, and USHUD.com and its owners shall not be liable for any use or disclosure of any Submissions.
USHUD.com shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such material or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever – commercial or otherwise – without compensation to those who provide the Submissions.


You agree to waive all claims and have no recourse against USHUD.com and its owners for any alleged or actual infringement or misappropriation of any rights in any communication, content or material you submit to us.  In addition, you warrant that your Submissions do not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable law in any country or region of the world.


By making a Submission to USHUD.com, you further warrant that such Submission does not infringe upon the copyrights or other rights of third-parties.  Moreover, you agree to indemnify USHUD.com and its owners for any and all claims, damages, losses, and causes of action arising as a result of your Submissions.


DMCA Policy
If you are notifying USHUD.com of alleged copyright infringement, please provide the following information in the form required by 17 U.S.C. § 512:

  1. Information reasonably sufficient to permit us to contact you such as your name, address, telephone number, and e-mail address;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyright works are covered by single notification, a representative list of such works;
  3. The exact URL or a description reasonably sufficient for USHUD.com to locate the alleged infringing material;
  4. A statement by you that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on the copyright owner’s behalf.


By this notice, USHUD.com seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512(c) or elsewhere in the laws of the United States of America or any state or territory within the United States of America.  Please provide this notice to the following Designated Agent for Notification of Claimed Copyright Infringement:
NAME:
ADDRESS:
E-MAIL:
TELEPHONE:
FAX:

Modification or Suspension of the Site
USHUD.com may at any time modify, discontinue, or suspend its operation of this Site, or any part thereof, temporarily or permanently, without notice to you.


Advertising and Consumer Communications
Exclusive Banner placement indicates that an advertisers banner will not be in a rotation with other advertising banners and that no two competing advertiser will be displayed in a designated primary geographic area on the site/s listed above while the advertisers account is active and current. Further, all home buyer contact forms that are generated in primary areas on the sites listed above will be forwarded in real time to the email address provided by the advertiser.

Courtesy areas are exclusive but are not guaranteed for any length of time as there is no charge for courtesy areas. Identical to primary areas, courtesy areas do not rotate advertising banners and no competing advertisers will be displayed while the area is assigned to a real estate professional. If an advertiser would like to secure the courtesy area as a primary area please call 800-880-8584 to be assured of their long term advertising placement. Courtesy areas are not guaranteed to a real estate professional for any specific time unless otherwise stated in writing. All consumer contact forms may be forwarded to third parties in order to ensure the best possible follow up on each consumer contact submitted.

Consumer contact forms are sent electronically to the professionals assigned to that area/s and any default area/s that may be temporarily assigned. All contact forms are sent in real time and are considered exclusive to the lender, agent and any other non-competing professionals in the particular area. In order to ensure the best possible consumer experience, the USHUD.com family of sites may forward buyer contact forms to third parties twenty four hours after they have been forwarded to the exclusive real estate professionals in any given area.

I-gate links are free to all professionals that have an active account with the USHUD.com family of sites. These links allow for the placement of all of the content of our sites on the sites of the professional. The I-Gate was designed so that local real estate professionals have the ability to drive a higher conversion rate from their web site. Each consumer contact form from an I-gate link is considered exclusive to the real estate professional that generated the user.

EBC’s are electronic business cards that are automatically generated for each advertiser. From the EBC a professional can access all of the properties found on our sites and each contact form generated is emailed to the advertiser in real time.


Violation of Terms of Use
You understand and agree that in USHUD.com’s sole discretion, and without prior notice, we may terminate your access to the Site or exercise any other remedy available, if USHUD.com believes that your use of the Site violates or is inconsistent with this Agreement, or violates the rights of USHUD.com, its owners, and/or any third-party, or violates the law.  You agree that monetary damages may not provide a sufficient remedy for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations.  Furthermore, USHUD.com may release user information about you if required by law – e.g., without limitation, a subpoena or a search warrant.

Super EBC’s are similar to traditional electronic business cards with the exception of having a high quality URL associated with the EBC and is custom created for the real estate professional that wants to generate a greater number of home buyer contact forms.  For more information on EBC’s or Super EBC’s or any other questions please call 800-230-9519.

 

Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and that the remaining provisions contained in the Agreement shall continue in full force and effect.


Applicable Law
This Agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any principles of conflicts of law.  Any legal action or proceeding between USHUD.com, its owners and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Montgomery County, Maryland, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

These Terms of Use were updated to be effective as of February 18th 2010. 


 

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