Towtector provides its service to you, subject to the following Terms and
Conditions of Use ( the "Terms"). These Terms, and the site at HousingAmericanHeroes.com
may be updated by us from time to time without notice to you. Your use
of HousingAmericanHeroes.com constitutes your agreement to all such terms, conditions,
policies, and notices (the "Agreement"). If you do not agree, you may
not use HousingAmericanHeroes.com
2. DESCRIPTION OF SERVICE
Towtector provides users with access to a rich collection of resources,
merchandise, products and services through HousingAmericanHeroes.com (the "Service").
Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new features or
products, shall be subject to the Terms. You understand and agree that
the Service is provided "AS-IS" and that Towtector assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may
involve third-party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those fees
associated with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment necessary to
access the Service.
3. MODIFICATIONS TO SERVICE
Towtector reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Towtector shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
Towtector may
change, add or remove any part of this Agreement, or any other terms
associated with the use of the site, at any time. Any changes shall
become part of the Agreement and shall apply as soon as such a notice is
posted. By continuing to use Towtector properties after the
notice is posted, you are indicating your acceptance of those changes.
4. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, sponsors, third parties or advertisers found on or
through the Service, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such sponsor,
third party or advertiser. You agree that Towtector shall not be
responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
sponsors, third parties or advertisers on the Service.
5. LINKS
Towtector may provide, or third parties may provide, links to other
websites or resources. Because Towtector has no control over such
sites and resources, you acknowledge and agree that Towtector is
not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, accuracy, quality, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge
and agree that Towtector shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such site or
resource.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. Towtector EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b.
Towtector MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED, (vi) OR THAT THIS WEB SITE, ITS CONTENT, AND
THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. c.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Towtector OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS. e.
THIS WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES,
AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER
INFORMATION CREATED BY Towtector OR BY THIRD-PARTIES. DUE TO THE
NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SITE IS OBTAINED, AND THE
INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS,
OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS
FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY
PURPOSE. f. INFORMATION CREATED BY
THIRD PARTIES THAT YOU MAY ACCESS THE SITE OR THROUGH LINKS IS NOT
ADOPTED OR ENDORSED BY Towtector AND REMAINS THE RESPONSIBILITY
OF SUCH THIRD PARTIES.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE CONTENT, MERCHANDISE,
PRODUCTS, AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL
Towtector OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES
PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Towtector HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE.
8. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 6 AND 7
MAY NOT APPLY TO YOU.
9. INTELLECTUAL PROPERTY INFORMATION
All materials on this site ("Online Materials"), including, without
limitation, names, logos, trademarks, service marks, images, articles,
columns, graphics, photographs, illustrations, artwork, audio clips,
video clips, software, and other elements making up the Service are
protected by copyrights and other intellectual property rights owned and
controlled by Towtector or by other parties that have licensed
their material to Towtector. You may copy and print hard copies of
portions of HousingAmericanHeroes.com for the sole purpose of using HousingAmericanHeroes.com as an
information source. Except as specifically
provided herein, no Online Materials may be copied, reproduced,
republished, downloaded, posted, transmitted, or distributed in any way,
or otherwise used for any purpose, without the prior written permission
of Towtector or the respective owners. You may not add, delete,
distort, or otherwise, modify the content on this site. Any unauthorized
attempt to modify any Online Material, to defeat security features, or
to utilize this site for other than its intended purposes is strictly
prohibited.
HousingAmericanHeroes.com logos and product and service names are
trademarks of Towtector All other trademarks appearing on the
Site are trademarks of their respective owners and our reference to them
does not imply or indicate any approval or endorsement by their owners
unless such approval or endorsement is expressly made. It is understood
that Towtector provides information and that references to other
names and trademarks are necessary for the course of providing news and
commentary about the subjects that this site covers. Towtector
will enforce its intellectual property rights to the fullest extent of
the law. If you suspect that any Towtector content or trademarks
are being misused please contact us.
10. NON-WAIVER
The failure of Towtector to exercise or enforce any right or
provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Service or the Terms must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
11. HEADINGS FOR CONVENIENCE ONLY
The section titles in the Terms are for convenience only and have no legal or contractual effect.
12. VIOLATIONS
Please report any violations of the Terms to our Customer Service Department.
13. INDEMNIFICATION
You agree to indemnify, defend and hold Towtector harmless from any
claims and expenses, including reasonable attorneys' fees, arising from
or related to any breach by you of any terms of this Agreement.
14. LETTERS OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to Towtector
regarding its sites, including without limitation, questions, comments,
suggestions, criticisms or the like ("Received Materials") may be deemed
by Towtector to be non-confidential and free of any claims of
proprietary or personal rights. Towtector shall have no
obligation of any kind with respect to such Received Materials and
Towtector will be free to reproduce, use, disclose, exhibit,
display, transform, edit, abridge, create derivative works from and/or
distribute the Received Materials without limitation or restriction.
Furthermore, Towtector is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send to
Towtector for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products using such
information, without compensation or any other obligations to anyone,
including you.
15. PRIVACY
You can read the privacy statement for HousingAmericanHeroes.com here.
16. RESTRICTIONS ON USE
You may not use Towtector sites or their content for any illegal
purpose or in any manner inconsistent with these Terms. You agree to use
Towtector sites solely for your own non-commercial use and
benefit and not for resale or other transfer or disposition to any other
person or entity.
17. SEVERABILITY
If any provision of this Agreement is found invalid or unenforceable, the
provision will be enforced to the maximum extent permissible and the
other provisions of this Agreement will remain in force.
18. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on any
Towtector property constitute the entire agreement between you
and Towtector and govern your use of the Service.
19. REFUSAL OR DISCONTINUANCE OF SERVICE
Towtector reserves the right to refuse or discontinue service to any user for non-compliance with these Terms.
20. CHOICE OF LAW AND FORUM
This Agreement will be governed by the laws of the State of Iowa. Any
dispute arising from the terms of this agreement or breach of this
agreement will be governed by the laws of the State of Iowa and you
agree to personal jurisdiction by the state and federal courts for Sioux City, Iowa. The parties hereby expressly waive trial by jury
in any action, proceeding or counterclaim brought by either of the
parties against the other on any matters whatsoever arising out of or in
any way connected with these Terms and agree to submit to binding
arbitration.
FEEL FREE TO CONTACT US!
We're glad you are here and hope you enjoy your experience at
HousingAmericanHeroes.com. If you have any questions or comments, do not hesitate to
shoot us an email.
