This Agreement will always be available for your review under the Terms & Conditions link found on the footer of every page of the Site.
This Site is intended solely for Users who, if they are a natural person, are eighteen (18) years of age or older, and any registration by, use of or access to the Site by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms & Conditions. By using the Service or the Site, you represent and warrant that, if you are a natural person, you are 18 or older and that you agree to and will abide by all the terms and conditions of these Terms & Conditions. If you violate any of these Terms & Conditions, or otherwise violate an agreement between you and us, the Company may delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.
Your relationship with Home Hitch and products and services provided by Home Hitch may also be governed by other written agreements. In the event of any conflict between this Agreement and the terms of such written agreements that may be executed by and between you and Home Hitch, the terms of such written agreements will control.
CHANGES IN TERMS
Home Hitch also may, at any time and without notice, modify or discontinue the Site. You agree that Home Hitch shall have no obligation of any sort to you in connection with any modification or discontinuance of the Site.
Home Hitch may terminate your access to this website for any reason, at any time, with or without notice to you.
You agree that you will not use or attempt to use the Site for any purpose other than conducting business with Home Hitch or its affiliates as a bona fide client of Home Hitch and in each case solely for your personal, non-commercial use, and you may not reproduce, sell or distribute the information provided thereon.
You represent and warrant that you will not use the Site to:
- Re-transmit, republish, distribute, reuse, resell, re-post, re-engineer or make multiple copies of the Site or any portion thereof without Home Hitch’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material that violates or infringes any third party’s privacy, intellectual property, copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary or judicially imposed nondisclosure obligations.
- Engage in conduct that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others, or which harms the goodwill or standing of Home Hitch or any of its clients, partners, employees, affiliates, agents, contractors or representatives.
- Alter, interfere or disrupt the content or functioning of the Site through (for instance) uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the website or any data contained therein; or (ii) disproportionately burdens the operation of the Site.
- Attempt to probe, scan, test, or violate, or use the website to gain unauthorized entry or access to other associated computer systems or networks or to obtain unauthorized access to materials or other information stored thereon.
- “Mirror” the Site or any of its content on any other server without the express prior written permission of Home Hitch.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Site.
- Upload, post, publish, transmit, reproduce or distribute through the Site any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
- Attempt to interfere with the use of the Site by any other user. Home Hitch reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.
THIRD PARTY SITES
In the event that the Site may be linked to or from other Third Party Sites, the Site may not be linked in such a way that causes the pages of the Site to be displayed within a frame on such Third Party Site, or may be displayed on a browser screen accompanied by advertising or other content not found on the Site. The fact that a third party provides a link to the Site does not indicate that an endorsement, agency, joint venture, or similar relationship exists between Home Hitch and such third party
You acknowledge and agree that all content, Sites, source codes, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, “look and feel”, and the operation of this website, including, without limitation all text, graphics, artwork, logos, icons, images, audio clips and video clips (collectively, “Content”) are protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks; and all rights associated with the Content are owned by Home Hitch and are the copyrighted property of Home Hitch and/or its licensors and affiliates, and protected by U.S. and foreign copyright laws and international conventions. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers used and displayed on the Site are registered and unregistered trademarks of Home Hitch and/or its licensors and affiliates in the United States and other countries. Except as explicitly permitted, neither your use of the Site nor this Agreement grants you any right, title or interest in or to any of Home Hitch or its licensors’ copyrights, trademarks or service marks. you acknowledge and agree that such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold or transmitted in any form or by any means (including display in meta tags or hidden text), without the prior written permission of Home Hitch, its licensors, or any other copyright owner
DISCLAIMER OF WARRANTIES
Home Hitch does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Content and the Home Hitch disclaim liability for errors or omissions in the Content.
This Site and all of the Content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the Content. Home Hitch does not warrant that the Site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Home Hitch assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content.
LIMITATION OF LIABILITY
THE LIABILITY OF Home Hitch IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Home Hitch SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO Home Hitch. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE, DELAY OR LOSS OF USE OF THE SITE, THE INFORMATION HEREIN OR FOR OMISSIONS OR INACCURACIES IN THE INFORMATION PUBLISHED THROUGH THE SITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, YOUR FIRST REMEDY IS TO STOP USING IT. THE MAXIMUM LIABILITY OF Home Hitch AND ITS AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WILL BE $500. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Home Hitch and YOU, AND THAT THIS WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CONSENT TO COMMUNICATIONS
You agree that we may contact you regarding your application, account or our relationship. Home Hitch may also contact you by email or over the phone about services and products we believe may be of interest to you. You may opt-out of future promotional emails by clicking on the opt-out link and following instructions contained in any of the automated emails that you receive from us. We reserve the right, however, to contact you with important information relating to your account or our relationship, including legal communications, unless applicable law requires your affirmative consent to receive legal communications electronically and you have not provided that consent. You are deemed to have received communication when emails or phone calls are sent or made to the most recent email address or phone number that you have provided to us
CONSENT TO ELECTRONIC COMMUNICATIONS AND DISCLOSURES
Because the Home Hitch operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. If you apply for a program or service through the Site, you authorize Home Hitch to treat your application or request as if it had been made in writing and signed by you. As part of doing business with us, we also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms & Conditions, you agree to receive electronically all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Site, including any programs you may request or receive, your registration as a on our Site, (each, a “Disclosure”), from us.
PROTECTING YOUR USER NAME AND PASSWORD
Home Hitch uses passwords to prevent unauthorized access to certain areas of the Site. If you have been granted access to any such area, you agree to comply at all times with any security or operating procedures that Home Hitch establishes. You will be responsible for the confidentiality and use of your user name, password and other security-related identifiers. You agree not to hold Home Hitch liable for any damages of any kind resulting from your decision to disclose your user name or password to any third party. You will be responsible for any access to the Site made under your user name and password. You agree to immediately notify us if you become aware of any loss or theft of your user name or password or of any unauthorized use of your user name or password or of the Site, any information therein, or any online services offered through the Site. We may suspend or cancel your access to the restricted areas within the Site if we suspect the Site is being used in an unauthorized manner.
You agree to indemnify, defend and hold harmless Home Hitch and its affiliates, successors and assigns, and each of their officers, directors, employees, representatives and agents (the “Home Hitch Parties”), from and against all claims, losses, expenses, liabilities, damages and costs (including without limitation attorneys’ fees and costs), arising out of or relating to: (a) your use of the Site; (b) any violation by you of this Agreement; or (c) your submission to Home Hitch of incomplete, inaccurate or untimely information or other data. The Home Hitch parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by you under this Section.
CHOICE OF LAW; JURISDICTION AND VENUE; ATTORNEYS’ FEES
The Site is located and operated by Home Hitch in Fort Lauderdale, Florida. This Agreement shall be interpreted and enforced as though executed in Fort Lauderdale, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COUNTS LOCATED IN FORT LAUDERDALE, FLORIDA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
The prevailing party in any dispute will be entitled to its reasonable attorney’s fees and costs, in addition to all other available recovery and relief.
If any clause or provision of this Agreement is held invalid or unenforceable for any reason, that part will be construed to reflect the parties’ original intent, and the remaining provisions shall remain in full force and effect, and valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction; nor shall a waiver by either party of any term or condition or any breach thereof in any one instance, waive such term or condition or any subsequent breach thereof.
SUCCESSORS AND ASSIGNS
You may not transfer or assign any of the obligations, rights or interests under this Agreement without the prior written consent of Home Hitch. Notwithstanding the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.
Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and Home Hitch.
This Agreement states the entire agreement between you and us concerning the use of this Site, and may not be amended or modified except through a written agreement signed by an officer of Home Hitch.
If you need assistance with the Site or with any service or information provided through it, or if you need to communicate with Home Hitch, call Home Hitch at 954-372-5943 or write to us at:
401 E. Las Olas Blvd.
Fort Lauderdale, FL 33301
You agree that we may record the conversations our employees have with you. We do this from time to time to monitor the quality of service and accuracy of information our employees give you.