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Terms Of ServiceTHE FOLLOWING DESCRIBES THE TERMS ON WHICH Hmwc.org OFFERS YOU ACCESS TO OUR WEB SITE (Hmwc.org) AND SERVICES. PLEASE READ THIS AGREEMENT CAREFULLY. BY USING OUR WEB SITE AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS. All such guidelines or rules are hereby incorporated by reference into the TOS Hmwc.org may also offer other services that are governed by different Terms of Service.1. Modifications of Terms: Hmwc.org (the website) provides its service to you subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. Hmwc.org (the website) reserves the right to make changes to this Agreement, or the guidelines or rules incorporated herein, at any time. Your continued use of our Site will signify your acceptance of any revised terms to this Agreement. This means that if you continue to use the services of Hmwc.org (the website) you agree and are accepting the Terms of Service. Hmwc.org (the website) reserves the right to change promotions, pricing, and discounts at any time. Hmwc.org may change standard fees, free listings or make changes to fees in particular categories. 2. Description of services: HMWC.ORG provides users with all kinds of resources, such as communications tools, forums, shopping services, classifieds, online wed directory, link exchange, banner exchanges, web hosting, domain name sales, and search services. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HMWC.ORG to provide these Services. You also understand and agree that the Service may include certain communications from us (hmwc.org), such as service announcements, administrative messages and the HMWC.ORG Newsletter, and that these communications are considered part of HMWC.ORG membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that HMWC.ORG assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. 3. Membership / Access Eligibility: You may browse the Site (Hmwc.org) for free and without registering. However, you must register as a member ("Registration") to post an ad in our classifieds, web directory, hmwc yellow pages, or to access the forum. During Registration, you will be asked to create an account consisting of a Member ID and Password ("Your Account") to identify yourself in future visits to the Site. You will be asked to provide information such as your name, address, telephone number, email address, city, state and zip code. All of the information that you provide during Registration is collected according to the terms of our Privacy Policy. It is your responsibility to maintain the confidentiality of your Member ID and Password and you agree to accept responsibility for all activities that occur under Your Account. You may not transfer, assign or sell Your Account (including rating and feedback) to any third party. PLEASE NOTE: You must provide accurate and current information to Hmwc.org (the website). If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, Hmwc.org may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, Hmwc.org has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any fraudulent activity through the Site. Our Services are available only to, and may be used only by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to children (persons under the age of 18). *YOU MUST BE OVER 18 YEARS OLD TO AGREE TO THIS AGREEMENT* If you are using the Site or our Services on behalf of a business entity, you represent that you have the authority to bind the entity to this Agreement. You agree that Hmwc.org may, under certain circumstances and without prior notice, immediately terminate Your Account, and your access to our Services. Cause for termination shall include, but not be limited to, (a) breach of this Agreement or other guidelines or rules incorporated herein, (b) request by law enforcement or other government agencies, (c) request by you, (d) discontinuance or material modification to our Services (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. You agree that any termination shall be at Hmwc.org sole discretion, and that Hmwc.org shall not be liable to you or any third party for any termination of Your Account or your access to our Services. 4. Termination: You agree that Hmwc.org (the website) may, under certain circumstances and without prior notice, immediately may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof) and that it is Hmwc.org's sole discretion and that Hmwc.org (the website) shall not be liable to you or any third party for any termination of your information. Hmwc.org (the website) acts as an open marketplace for users to buy and sell goods (or trade of goods) and services with other users. You agree that Hmwc.org (the website) has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims, arising from a transaction initiated through Hmwc.org (the website). 5. MEMBER ACCOUNT, PASSWORD AND SECURITY The password and user name that you create during the registration process is your responsibility. You must maintain the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You ensure that you exit from your account at the end of each session. If any unauthorized use of your password or account or any other breach of security you will notify Hmwc.org immediately. 6. Ownership of Data: Hmwc.org (the website) takes privacy seriously and your personal information is never shared with third parties. The data and other certain information about you are subject to our Privacy Policy. You understand that all information, all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit, telephone calls, cell phone calls( the communication between buyer to seller or seller to buyer or any kind of trade between buyer or seller, or seller to buyer ) or otherwise make available via the service to (Hmwc.org). This means that any communication between parties under no circumstances will Hmwc.org (the website) be liable in any Content, or any loss or damage of any kind incurred because of the use of any Content posted, emailed, or transmitted to. Hmwc.org (the website) is not responsible for any warranties associated with any item sold, bought or traded on Hmwc.org (the website). You must provide accurate and current information to Hmwc.org (the website). If you provide any information that is false, misleading, inaccurate, not current or incomplete during Registration or otherwise, Hmwc.org (the website) may suspend (temporarily or indefinitely) or permanently terminate Your Account and refuse any and all current or future use of the Site and our Services (or any portion thereof). Without limiting any other remedies, Hmwc.org (the website) has the right to suspend (temporarily or indefinitely) or permanently terminate Your Account if we suspect that you have engaged in any fraudulent activity through the Site. You agree to not to use the Service in a harmful, threatening, abusive, harassing, or invasive or invasion of another's privacy, or information, data, text, software, photographs, phone numbers, all forms of communication or other materials that is placed on Hmwc.org (the website). 7. HMWC.org: Our Site acts as an open marketplace for users to buy, sell, rent and negotiate the purchase and sale of goods and services with other users. Hmwc.org provides only a service, is not involved in any transaction between buyers and sellers who use our Site and Services and does not handle any goods physically. Based on same basic online verification, Hmwc.org may identify some accounts as verified or unverified; however, we do not confirm the identity of our users, nor the accuracy of any listings posted on the Site. As a result, Hmwc.org does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Hmwc.org does not guarantee the ability or intent of users to fulfill their obligations in any transactions. You are solely responsible for assessing the truthfulness of any buyer or seller with whom you deal, and for evaluating the accuracy of any listing posted on the Site. You agree that Hmwc.org has no liability for any misrepresentation, incomplete statement or failure to disclose by any user, or for any claims arising from a transaction initiated through the Site. 8. Safe Trading: Because user authentication on the Internet is difficult, Hmwc.org cannot and does not confirm each user's purported identity. We therefore encourage you to take all steps you believe are appropriate (including, where possible, meeting in person) to confirm the accuracy of any listing posted on the Site, and the identity of any buyer or seller with whom you deal with. 9. Selling / Posting: You must have the legal authority to sell, rent or provide the goods and services that you are listing on our Site. You must accurately describe your item and all terms of transaction in your listing. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless (1) the transaction is prohibited by law or this Agreement, (2) the buyer materially modifies the terms and conditions of his or her offer, or (3) a typo graphical error exists in the listing information which materially affects the terms of sale. You are also responsible for payment of all Hmwc.org fees. Any listed item that is an imitation, replica, or facsimile must use the terms "imitation" or "replica" in both the title and description of the listing. You are listing title and description should never confuse buyers as to the authenticity of the item. In addition, if your item is pictured with a trademarked logo, that company must produce it. Images of authentic items are not permitted when selling replicas. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers. 10. Buyer Contacting a Seller or Poster: As a potential buyer, you agree to contact the seller or poster on Hmwc.org only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any spam or fraudulent activity. 11. Resolution of Disputes: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, as if formed by and between Colorado residents. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You and Hmwc.org (the website) agree to submit to the personal and exclusive jurisdiction of the courts located within the County of El Paso, Colorado. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section of this Agreement. If any part of this Agreement is deemed invalid or void, that part of the Agreement shall be deemed severable and shall not affect the validity or enforceability of any of the remaining conditions. Hmwc.org's (the website) failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You and Hmwc.org (the website) are independent contractors. No agency, partnership, joint venture, employer-employee relationship is intended or created by this Agreement. You agree that, except as expressly provided herein, there shall be no third party beneficiaries to this Agreement. MEMBER FURTHER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS TO ENFORCE THIS AGREEMENT, INCLUDING REASONABLE ATTORNEY FEES. 12. User Information: "User Information" is defined as any and all information or data you provide to Hmwc.org or other users during the Registration, post, sale, buy or any other process, and through any interactive feature of the system, including email. You represent and warrant that your User Information (1) is not false, inaccurate, incomplete or misleading; (2) is not fraudulent and does not involve the sale of illegal, counterfeit or stolen items; (3) does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (4) does not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (5) is not defamatory, libelous, unlawfully threatening or unlawfully harassing; (6) is not obscene and does not contain child pornography; (7) does not contain any viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) does not create liability for Hmwc.org nor cause Hmwc.org to lose (in whole or in part) any service suppliers; and (9) does not link directly or indirectly to another web site. Furthermore, you may not list any item on our Site (or consummate any transaction that was initiated using our Service) that, by paying to us a listing or other type of transaction fee pursuant to our Fee Policy, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current listing restrictions. You agree not to make use of any other user's User Information other than as necessary to complete any transactions in which you and that user are involved. 13. Limited License: You agree to grant and hereby do grant Hmwc.org a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right and license to exercise all copyright, publicity and database rights you have, in any existing or future media, known or unknown, in your User Information, provided, however, that Hmwc.org will at all times comply with its Privacy Policy . 14. Content Policy / Listing Restrictions and conduct: You understand that all postings, messages, text, files, images, photos, video, sounds, communications between parties or other materials (Content) posted on, transmitted through, or linked from the service, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for each individual item (item) of Content that you post, email or otherwise make available via the service. You understand that Hmwc.org (the website) does not control, and is not responsible for Content made available through the service, and that by using the service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, Hmwc.org (the website) and Content available through the service may contain links to other websites, which are completely independent of Hmwc.org. Hmwc.org (the website) makes no representation or warranty as to the accuracy, completeness or authenticity of the information contain in any such site. Your linking to any other web sites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Hmwc.org (the website) be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Hmwc.org (the website) has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the service, for violating the terms of service or for any other reason. You must have the legal authority to sell goods you are listing on Hmwc.org (the website). You must accurately describe your item and all terms of transaction in your listing. If another user buys your item (accepts your offer), you are legally obligated to complete the transaction unless law or this Agreement prohibits the transaction. Your pictures must be of the item you are selling. In short, be up front about the nature of the goods you are selling, and make sure your listing title is not confusing to buyers. As a potential buyer, you agree to contact the seller or poster on Hmwc.org (the website) only if you are interested in the posting. You agree not to contact the poster for any other reason including to conduct any Spam or fraudulent activity. Hmwc.org (the website) prohibits the listing, sale or trade of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation. It is your responsibility to sell or trade only legal goods and services and you must make sure that what you list for sale on Hmwc.org (the website) is legal and conforms to all the legal requirements of your local, state, provincial, federal or foreign law and regulations. Items prohibited or restricted for posting on Hmwc.org (the website) include copyright or Trademark-Sensitive Goods, counterfeit or knock-off goods, offensive material (items that promote hatred, violence, racism, or intolerance), police-related Items, stolen property or items used for theft, prohibits the listing of any adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. You agree not to post any Offensive Content on the Site or post any links or URL's (web addresses) to sites containing Offensive Content. Offensive Content includes, without limitation, words, images, sounds or other content. - 1. (Any transaction) That is prohibited by law or violates (breach) HMWC.org's Terms and Conditions. - 2. Discriminates or intend to discriminate on any illegal basis. All real estate advertisements are subject to the "Fair Housing Act" and HMWC.org (the website) does not accept any advertisement that is in violation of the law. State law prohibits discrimination based on color, religion, sex, national origin, handicap, or familial status. - 3. That is profane, obscene or involves child pornography. - 4. That denigrates a class of people because of their race, religion, country of origin, sexual orientation or gender. - 5. That depicts violent or criminal acts, perpetrators or victims of violence or crime, or seeks to incite violence or crime. - 6. That relates or pertains to any "hate group," i.e., groups that are organized in part to promote the oppression of or assert the supremacy of any class of people. - 7. That contains defamatory or libelous statements or unlawfully disparaging remarks or threats. - 8. The sale of tobacco products to persons not of lawful age. - 9. The sale of alcohol to persons not of lawful age. - 10. Weapons & Ammunition. - 11. Stocks, Bonds & Securities. - 12. Stolen Property or Items Used For Theft. - 13. Recalled Items. - 14. Police-Related Items. - 15. Illegal Drugs, Drug Paraphernalia, Steroids, & Other Controlled Substances. - 16. Human Parts, Bodily Fluids & Human Remains. - 17. Government IDs. - 18. Hacking/Surveillance/ Interception/De-scrambling Equipment. - 19. Item(s) Made From Protected Animal/Plant Species. - 20. Fireworks, Explosives, & Hazardous Materials. - 21. Copyright or Trademark-Sensitive Goods. - 22. Offensive Material (items that promote hatred, violence, racism, or intolerance). - 23. Gambling Items. - 24. Adult-oriented products or services, or listings which solicit directly or indirectly sexually-oriented services, or sexually-explicit content. - 25. Prescription/OTC Drugs & Medical Devices. - 26. Items Subject to Embargo: Cuban cigars, Iranian rugs, Yugoslavian coins. 15. Directory URL submission guidlines: Failure to follow the "guidelines" may result in your Web site being declined or banned from HMWC Directory. 1. HMWC Directory is a family friendly directory, so we will reject websites with gambling, poker, warez, violence, hatred, fraud material, adult, warez or illegal content or that is linked to the following. 2. We will reject site that is a mirror site or primarily contains links selling affiliate products. 3. Dont submit any site that redirects to another site. 4. Do not submit online medicine shops or sites selling medicines or drugs. 5. We will reject sites that is under construction. 6. Dont submit sites with pop-up windows. 7. We accept website that are in English only. 8. We DO NOT accept inside pages of your website to be listed. 9. We DO NOT accept multiple categories submission. 10. Title must be the official website name unless a featured link is purchased. 11. Standard listings are permanent. 12. We accept payment by paypal only. 13. If your website is not accepted, your submission fee will be refunded in full. 14. *DO NOT submit sub-directories or folders. Only top level domains will be accepted.
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