This Terms of Service Agreement (“Agreement” or “TOS”) is an agreement between Housing First Minnesota (“HFM”), and you (“You” or “Your” or “User”) and governs Your use of all Services and use of HFM’s Site as defined below.
IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE HFM’S SITE OR SERVICES.
1. COVERED SERVICE AND SITE.
- The Parade of Homes® is a trademark for the housing tour (collectively “Parade”) owned and presented by HFM.
- This Agreement covers, and the term “Service” or “Services” include(s), all services, products, written materials, and online materials provided or made available to You by HFM, including, but not limited to, use of the Site, and any other services, products, programs, resources, and materials, and any fixes, add-ons, updates, upgrades, or later versions of or to the same, provided or made available to You relating to the Parade. The term “Service” expressly includes all communications of any kind between HFM and You or Your representative or agent. Nothing in any such communication, whether express or implied, will change any term or condition of this Agreement.
- Use of the Site. HFM has created a mobile app and website to be used in conjunction with its Parade Website (collectively, the “Site”).
- Privacy Policy. Use of the Site and the Services provided are also governed by HFM’s Privacy Policy, which is available on the Site and is incorporated by reference into and made a part of this Agreement.
- Maintenance/Site Down Time. You agree that HFM may perform maintenance whenever HFM deems reasonably necessary to the Site, which may result in periodic outages of the Site. HFM is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of HFM’s
2. COPYRIGHT AND TRADMARK OWNERSHIP; LICENSE GRANT.
Exclusive Ownership. You understand and agree that HFM is the sole owner of the Site and all copyrights, trademarks, other intellectual property rights, and interests associated with the Site.
Copyright and Trademark Rights. You understand and agree that the Site is protected by U.S. Copyright Law and other intellectual property laws and treaties. You understand that violation of these laws carries serious civil and criminal penalties. You agree that Your use of the Site is strictly limited under this Agreement. You will not remove or alter any copyright, trademark, or other intellectual property notices contained on or provided through the Site (including for the purpose of disguising or changing any indications of the ownership or source of any content).
3. RESTRICTIONS ON USE OF SITE.
License Grant. By downloading the mobile app and clicking “I ACCEPT” below or engaging in similar actions on the Website, HFM grants You a limited, non-exclusive, revocable, non-transferable, non-sublicensable license (“License”) to use the Site, in accordance with the terms in this Agreement. This License allows You to access the Site solely for Your use.
USER USE ONLY. YOU UNDERSTAND AND AGREE THAT THE LICENSE GRANTED TO YOU UNDER THIS AGREEMENT IS STRICTLY LIMITED TO ALLOW ONLY FOR YOUR PERSONAL USE OF THE SITE. YOU MAY NOT TRANSFER, ASSIGN, OR ALLOW ANY OTHER PERSON OR ENTITY TO USE THE SITE FOR ANY REASON OR PURPOSE.
Limitations. Without limiting Section 4.1, You agree that You:
- will not distribute, share, provide, disclose, make available, or allow use of the Site to any other person or entity;
- will not reverse-engineer, decompile, disassemble, copy, duplicate, reproduce, retransmit, redistribute, disseminate, broadcast, or circulate the Site to any person or entity;
- will not modify, edit, or change the Site in any way;
- will not create any derivative works (including, without limitation, translations, transformations, adaptations, modifications, or other recast or altered versions) based on the Site;
- will not sell, re-sell, sublicense, assign, convey, or otherwise transfer the Site to any person or entity;
- will not submit the Site or any modified version thereof to any government agency for licensing consideration or other regulatory approval;
- will not use the name, copyrights, marks, logos, or other proprietary information of HFM, Housing First Minnesota, or Parade of Homes® on the Site or otherwise without HFM’s written consent;
- will not allow any other party or entity to do any of the restricted activities listed in Sections 3.3.1 to 3.3.7;
- will not circumvent any technology used by HFM or any third party to protect the Site;
- will not provide Your account, Site password or credentials to any other person or use any other person’s username and password
- will not engage in “crawling” the Site, or otherwise use any automated means (including bots, scrapers, and spiders) to collect information from HFM;
- will not include any malicious content such as malware, Trojan horses, or viruses, or otherwise interfere with the Site or any user’s access to the Site;
- will not interfere with or in any way disrupt the Site, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in the Site or HFM’s computer systems, network, usage rules, or any of HFM’s security components, authentication measures or any other protection measures applicable to the Site or any part thereof; and
- will not impersonate or attempt to impersonate HFM, any HFM employee, another user, or any other person or entity in any way affiliated with the Parade.
Limitations on Age and Consent. In order to use the Site, You must (a) be 18 or older and (b) have the power to enter a binding contract and not be barred from doing so under any applicable laws. You also promise that any registration information that You submit to HFM is true, accurate, and complete, and You agree to keep it that way at all times.
Passwords. Your password protects Your user account, and You are solely responsible for keeping Your password confidential and secure. Your password and login are non‑transferrable. You are solely responsible for any activities that occur under Your account and password. You understand that You are responsible for all use and storage of Your username and password on the Site. If Your username or password is lost or stolen, or if You believe there has been unauthorized access to Your account by third parties, please notify HFM immediately and change Your password as soon as possible.
Restrictions on Users. Each registration or download for use of the Site will be treated as a separate event, regardless of the date on which such download of the Site occurred.
Breach of the Terms of Service. HFM reserves the right to cancel or terminate Your use of the Site if, in HFM’s sole discretion, You breach, or HFM reasonably believes You breached the TOS or any other obligation, including but not limited to the Privacy Policy. Without limiting the forgoing, You agree that all of the following may be considered a material breach of Your obligations under this TOS: (i) Your failure to abide by any provision of the TOS or any other agreement You have with HFM; (ii) Your communication of inaccurate information, including Your failure to promptly update Your information; or (iii) Your violation of Restrictions on Use of Site.
If any of the foregoing events occurs, HFM may provide You with a written notice describing the breach; however, You recognize, understand, and agree that HFM is not obligated to send any such notice of default and may immediately suspend or terminate Your account or services without notice.
4. NO WARRANTIES AND EXCLUSIVE REMEDIES, LIMITATIONS ON LIABILITY.
Site is Provided As-Is; Assumption of all Risks. You understand and agree that the Site is provided to You by HFM on an “as is” and “as available” basis, with any and all faults or flaws. You agree that Your use of the Site is at Your sole risk. You assume all risks associated with use of or reliance on the Site.
No Warranties or Guarantees. You understand and agree that HFM makes no express or implied warranty, guarantee, or representation concerning the adequacy, completeness, usefulness, validity, or sufficiency of the Site, or any result, outcome, or effect thereof. HFM does not warrant, represent, or in any way guarantee that the Site will have any specific result or any intended result, or that the Site will be error-free. For that same reason, HFM makes no warranty or guarantee that decision(s) made by You based on or in any way related to the Site (or any information contained in or related to the Site) will have any specific result or any intended result.
No Responsibility. HFM shall not be responsible in any manner or amount for:
- Your use or reliance on the Site;
- Any loss, damages, or economic consequences to You individually or to any business entity as a result of decisions made using, relying upon, or in any way related to information provided by the Site; and
- Any viruses imported into the Site from or through any computer, electronic device, or other property during download or use of the Site, including but not limited to loss or corruption of data, damage to programs, applications, or devices on which You utilize or attempt to utilize the Site.
HFM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HFM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR USE OF THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HFM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR USE OF THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO HFM, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
No Liability for Third Party Action or Inaction. HFM may contract and work with third parties in connection with the Site. HFM expressly disclaims all responsibility and liability to You with regard to actions or inactions of, or problems caused by, any third party, including but not limited to third-party services, products, host websites, payment software, or online platforms. Your sole and exclusive remedy for damages caused by third parties is against such third parties, and You agree that HFM shall not be responsible or liable for any damages or loss caused in whole or in part by any third party.
Applicable Law. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota, without reference to conflict of laws principles. You expressly agree that any legal proceeding arising out of this Agreement must be brought in the State District Court or United States District Court of the State of Minnesota, and You irrevocably submit to the exclusive jurisdiction of such courts.
Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining enforceable provisions will nevertheless remain in full force and effect.
Binding Effect. You agree that this Agreement is of full force and effect and is binding on You and Your heirs, successors, and legal representatives.
Entire Agreement. This Agreement represents the entire and only agreement between the parties concerning the subject matter hereof and supersedes all prior representations, warranties, understandings, and agreements, whether written, digital, or oral. This Agreement may not be altered, amended, or modified except by formal agreement in writing signed by an authorized representative of You and of HFM.
Attorneys’ Fees. If HFM prevails in any action, suit, or proceeding arising from Your use of the Service or breach of this Agreement, You agree that HFM will be entitled to recover its reasonable attorneys’ fees, court costs, and other fees and disbursements incurred in such action, suit, or proceeding.
Waiver. The failure of HFM to enforce any term or condition of this Agreement does not constitute a waiver of HFM’s rights to enforce subsequent breaches of any term or condition herein.
Refusal Rights. HFM, in its sole discretion and without incurring liability, reserves the right to refuse to sell the Service, permit access to the Site, or otherwise conduct business with any person except as prohibited by law.
Occasionally HFM may make changes to this Agreement. HFM will provide You with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Site or by sending You an email. In some cases, HFM will notify You in advance, and Your continued use of the Service after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully.
