End-User License Agreement
The Services offered at www.hecmpricing.com and related mobile
applications by ReverseFocus.com, Inc., a California Corporation (the
"Company" or "we" or "us") include the Hecmpricing.com.com website (the
"Website"), the ReverseFocus.com, Inc. mobile applications in standalone
or private label format (iOS, Android, Windows, Mac, and others)
including but not limited to communication features (including push
notifications, email, and text), the community and any other features,
content, or applications offered from time to time by the Company in
connection with the Website and mobile application (collectively, the
"Services"). BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE
TERMS OF SERVICE (the "Agreement"), AND REVERSEFOCUS.COM, INC'S PRIVACY
POLICY, WHICH CAN BE FOUND AT http://www.hecmpricing.com/privacy, AND
WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree
with any of these terms, you may not use the Services.
Please be sure to read this Agreement carefully, especially the
disclaimers and limitations of our liability, since your use as a
registered User of this site constitutes your acceptance of, and
agreement with, the terms and conditions set out in this Agreement. In
this Agreement, the term "User" refers to both a registered user and a
visitor. This Agreement sets forth the legally binding terms for your
use of the Services only. Your use of a third party website, third
party services and third party Content (defined below) will be governed
by such third party website's terms of service, which are incorporated
herein by reference.
Access to Services
Through the Services, we agree to provide you, the User, with access
to content and other online information and services. You agree to use
these services at all times in a manner consistent with all applicable
laws and regulations and in accordance with the terms and conditions set
out in the policies and guidelines outlined below. As a registered
user, you will have the ability to participate in some or all of the
features and services available within the Services. From time to time,
the Company may remove the profiles of non-subscribers. You acknowledge
that Company reserves the right to charge for the Services and to
change its fees from time to time at its discretion.
You must be 18 years of age to use the Services. When creating an
account, your login name cannot be vulgar or otherwise offensive or be
used in any way that violates this Agreement. By accepting this
Agreement you agree not to provide false information during the
registration process. You are solely responsible for all activity on
your account and for the security of your mobile device and computer
system. You are solely responsible for all activity on your third party
account and for the security of your mobile device and computer system.
The Company will not ask you to reveal your password via email at any
time, please disregard any contact you may receive via email requesting
this or any other personal information on your account. You agree not
to disclose your Services password or any third party website password
to other Users. You agree to notify the Company immediately if you
suspect any unauthorized use of your account with third-party websites
or access to your password. You are solely responsible for any and all
use of your Services account.
This Agreement shall remain in full force and effect while you use
the Services. The Company may suspend your use and access of the
Services at any time, without warning. Even after your use and access
is suspended, this Agreement will remain in effect. If the Company or
third party licensee terminates your subscription because you have
breached this Agreement or for any reason, you will not be entitled to
any refund of unused subscription fees or credits if any.
Changes
The Company reserves the right and may modify this Agreement from
time to time and such modification shall be effective upon posting by
the Company on the Website. You agree to be bound to any changes to this
Agreement when you use the Services after any such modification is
posted. It is therefore important that you review this Agreement
regularly to ensure you are updated as to any changes. If you do not
wish such changes to apply automatically, then you must review this
Agreement each time before entry, and refrain from entering if you see
new or different terms that you do not accept.
Improper Behavior
As a user of the Services, you are required to refrain from illegal
acts and acts which are offensive to others, and to respect all property
rights of the contributors to the Services, as well as other content
providers and authors. Offensive or inappropriate behavior, violation of
copyrights, illegal activity, or use of indecent language may cause the
Company, at its sole discretion, to suspend or deny access to the
Services by User.
If you violate this Agreement, we may issue you a warning about the
violation, or we may choose to immediately terminate any and all
accounts that you have established. By accepting this Agreement you
acknowledge that the Company is not required to provide you notice
before terminating your account, but it may choose to do so.
Intellectual Property Ownership
Copyrights
All copyrights and other intellectual property rights in the artwork,
graphics, text, video and audio clips, trademarks, logos and other
content available on the Services ("Content") are owned by the Company
or used with permission. The Website and the Services are owned
exclusively by the Company or the Company's third-party licensees and
you will not gain any right, title or ownership in the Website or
Services by virtue of your use of the Website or Services or by the
submission of Content. By submitting Content to the Website or the
Services, you grant a worldwide, perpetual, irrevocable, non-exclusive,
royalty-free license to the Company for the use of the Content you
submit without restriction or limitation. When using our Services you
may have the ability to access third-party Content from third-party
websites. Any use of third-party Content on our Website in connection
with our Services is subject to any licenses or other ownership rights
as provided by that third party website. You, and not the Company, are
entirely responsible for all Content that you upload, post, transmit or
otherwise make available via the Service. The Company does not review or
control the User Generated Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You may not copy or incorporate any part of the Services including
any part of the Content available on the Website into any other work,
including your own website, or use the Content in any other public or
commercial manner. That means you may not post or redistribute any
portion of our Website or Services unless you have a license from us to
do so. That also means that the Company retains full and complete title
to all such Content, including any downloadable software or code, any
images incorporated in or generated by the software, and all data
accompanying it. You must not copy, modify, reproduce, upload, transmit,
distribute, reverse-engineer, disassemble, attempt to extract the
source code, or otherwise convert to another form the Website, the
Services or the Content.
You may not remove or change any of the notices regarding copyright,
trademarks or other marks that may accompany the Content. You may link
to the home page of our site, but may not use our Content in your own
site. You may not deep link (i.e., link to any page other than the home
page) to our site without our specific written permission.
Trademarks
Unless otherwise specified, all trademarks used on within the
Services (not including User Generated Content) are the property of the
Company or our business partners.
User Generated Content
The Company encourages contributions to the Website and Services.
Reviews, comments, postings, advice and recommendations (collectively
"User Generated Content") are information provided by you or other users
of the Service through the features available on this Service. You are
solely responsible for any User Generated Content produced or provided
by you. All User Generated Content provided by you should be truthful
and accurate and you hereby agree not to provide any information that
you know or reasonably should know to be false or materially misleading,
or that is libelous, defamatory, obscene, or that invades another
person's privacy, infringes the intellectual property rights of another
or violates any law or regulation. The Company is not responsible for
and does not endorse statements, comments and other postings contained
in third party or User Generated Content. Any reliance by you on such
information shall be at your sole risk.
By providing User Generated Content to the Company you grant the
Company a worldwide, perpetual, fully transferable, royalty free,
non-exclusive license to use such content in association with the
provision of its Services and the Website and for any other commercial
purpose in the Company's sole discretion. Any and all information
provided by you to the Company whether by the Website, the Services,
through User Generated Content or through a communication with the
Company, via letter, email, telephone, fax or any other means shall be
considered non-confidential and you hereby you grant the Company a
worldwide, perpetual, fully transferable, royalty free, non-exclusive
license to use such content in association with the provision of its
Services and the Website and for any other commercial purpose in the
Company's sole and absolute discretion.
The Company reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including email) by you, or to
restrict, suspend, or terminate your access to all or any part of the
Services at any time, for any or no reason, with or without prior
notice, and without liability.
Use Restrictions
You may not engage in any activities through the Website or Services
which are unlawful, offensive, abusive, violate the rights of third
parties, or inhibit other Users from using and enjoying this Website and
Services. You may not monitor or copy Content on the Website or the
Services, by using any robot, "bot," spider, crawler or other automatic
device or manual process, without our written permission, or engage in
any activity which interferes with the proper working of the Website and
Services. You agree to indemnify, defend and hold harmless the Company,
third party licensees, and its subsidiaries, affiliates, officers,
managers, members and employees from any damages, liabilities and
expenses (including actual attorneys' fees, costs and expenses) arising
from any third party claims resulting from, or arising out of, your use
of the Website and Services. We reserve the right to terminate your
access to the Website and Services at any time, without notice, for any
reason or no reason whatsoever.
Content
You understand that by using the Services, you may be exposed to
Content that is offensive, indecent or objectionable. Under no
circumstances will the Company be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any
Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, transmitted or otherwise made available
via the Service. You acknowledge that the Company does not pre-screen
Content, but that the Company and its designees shall have the right
(but not the obligation) in their sole discretion to screen, monitor,
edit, refuse, move or delete any Content that is available via the
Services. Without limiting the foregoing, the Company and its designees
shall have the right to remove any Content that violates this Agreement
or is otherwise objectionable in the Company's sole discretion. You
agree that 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. In this regard, you
acknowledge that you may not rely on any Content created by the Company,
third party licensee, or another User, or submitted to the Company or
submitted by another User. You acknowledge and agree that the Company
may preserve Content and may also disclose Content if required to do so
by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce
this Agreement; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or
personal safety of the Company, its Users and the public.
You understand that the technical processing and transmission of the
Services, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. You understand and give
the Company permission to push messages to Your device (iOS, Android,
Windows, Mac) and on behalf of third parties; and permission to send You
text or e-mail messages to the Your device and on behalf of third
parties; and permission to track Your location while using the Services.
Should Content be found or reported to be in violation with, but not
limited to, the following terms, it will be in the Company's sole
discretion as to what action should be taken including but not limited
to removing the Content.
Access to Third Party Services and API
Through the Services, Users may have the ability to access third
party content either displayed within the Website or at third party
websites. When you access these third party content or sites, you do so
at your own risk. It is your responsibility to review any such Content
and Terms and Conditions. The Company takes no responsibility for
reliability, accuracy or the activities of any User that uses third
party API or content.
No Endorsements
Although the Services may refer to products or services of third
parties or link to third party sites or information, we do not endorse
or make any warranties or representations about them. Any links to other
sites are provided for your convenience only. When you access these
third party sites, you do so at your own risk. The Company takes no
responsibility for third party content on this Website or through the
Services, nor does it take any responsibility for the goods or services
provided by its third party licensees or advertisers.
Privacy Policy
Please ensure that you read our Privacy Policy
http://www.hecmpricing.com/privacy in order to learn about what personal
information we collect at this site, how we handle it and for what
purposes we use it.
Use of the Services
User acknowledges that there is no special legal or business
relationship between User and the Company Accordingly, NEITHER THE
COMPANY NOR ANY OF ITS WORLDWIDE AFFILIATES OR LICENSEES, NOR ANYONE WHO
HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS
LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF, OR INABILITY TO USE THE
SITE OR THE CONTENT, COMPUTER VIRUS, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO THE WEBSITE OR CONTENT EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO:
- DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
- DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME
OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES);
AND
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW,
THE FUNCTIONS CONTAINED IN THE SERVICES, THE OPERATIONS OF THIS SITE,
AND ALL CONTENT ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
ACCURACY OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS WEBSITE,
THE INFORMATION CONTAINED IN THE WEBSITE, THE CONTENT, OR OUR EFFORTS
WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ARE SOLEY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU
UNDERSTAND THAT THE COMPANY DOES NOT IN ANY WAY SCREEN ITS USERS, NOR
DOES THE COMPANY INQUIRE INTO OR VALIDATE THE BACKGROUNDS OF ITS USERS
OR THE STATEMENTS MADE BY USERS OR LICENSEES. THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR
QUALITY OR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. In no event
shall THE COMPANY be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or
incidental, arising out of or relating to the conduct of you or anyone
else in connection with the use of the ServiceS, including without
limitation, bodily injury, emotional distress, and/or any other damages
resulting from communications or meetings with other registered users of
this Service or persons you meet through this Service. You agree to
take reasonable precautions in all interactions with other USERS of the
ServiceS, particularly if you decide to meet offline or in person.
While we reserve the right to remove any postings or any other
information that we feel may be offensive or otherwise objectionable, we
are not responsible for any material posted by any User or for any
information whatsoever contained in any linked sites. YOU AGREE THAT THE
COMPANY AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR
ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER
VISITOR OR USER TO THIS SITE OR ANY OTHER THIRD PARTY.
Users who encounter questionable materials or non-functioning
locations or features, are encouraged to contact the Company via
electronic mail at info@hecmpricing.com
Governing Law
This Agreement shall be governed by and construed in accordance with
the laws of the state of California, without regard to its conflict of
laws provisions. Any controversy or claim arising out of or relating to
this Agreement or relating to use of the Website, the Services and the
Content shall be resolved in a California court and you expressly agree
and consent to the exclusive jurisdiction and venue of the state and
federal courts of the State of California, City of San Diego.
Other
If any provision of this Agreement is found to be void, unlawful or
unenforceable for any reason, that portion shall be deemed severed from
these terms and shall not otherwise affect the validity and
enforceability of any remaining provisions. The Company enters into this
Agreement on its own behalf and on behalf of each of its worldwide
affiliates. Accordingly, the Company holds the benefit of and may
enforce this Agreement on behalf of those affiliates. The Company
reserves the right to pursue any remedy available to it at law or in
equity if you breach this Agreement.
All rights not expressly granted herein are reserved to ReverseFocus.com, Inc.
Updated: March 2016.