TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) constitute a legal contract between you and Home Buyers Warranty Corporation, its parents, affiliates or subsidiaries (collectively, “HBW”, “2-10 HBW”, “we”, or “our”), and govern all aspects of your use of the website, www.2-10.com, whether accessed via computer, mobile device or otherwise, and all related webpages (collectively, the “Site”) or any services offered on the Site (“Services”). These Terms also apply to any resources and tools provided through the Site, including but not limited to download areas, community forums, chat rooms, blogs, sharing sites, portals, email functions and product and Service information. These Terms apply to all webpages that comprise the Site, both now and in the future.
By using or accessing our Site or Services, you acknowledge and agree that you consent to these Terms. If you do not agree to be bound by the Terms, please exit the Site now.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
MODIFICATION OF THESE TERMS.
We may add to, delete or change these Terms, your license to use the Site, and any policies or agreements which are incorporated herein, at any time without notice, and such changes or modifications shall be effective immediately upon posting the revised Terms at this Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes constitutes your consent to the revised Terms. If you have an account with us, we may occasionally notify you of changes or modifications to the Terms by e-mail. We assume no liability or responsibility for your failure to receive an e-mail notification if such failure results from an inaccurate e-mail address listed under your account. It is, therefore, important that you keep your account information current.
The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, as set forth below shall survive any termination of these Terms.
The Site and Services are not intended for use by anyone under the age of 18.
The Site and Services are not intended for, and should not be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local laws or regulations.
To use the Services, you must provide complete and accurate information when you register for an account. As part of the registration process, you will need to provide us with access credentials, such as an e-mail address and password for your HBW account. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers, and symbols.
HBW reserves the right to refuse registration of, or cancel, accounts for any reason, in its sole discretion.
USER AND ACCOUNT HOLDER RESPONSIBILITIES.
You are solely responsible for (i) authorizing, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials; (ii) not allowing another person to use your access credentials; and (iii) any damages that may be incurred as a result of your failure to maintain the strict confidentiality of your access credentials.
HBW is not liable for any harm related to your disclosure of access credentials, or your decision (in violation of these Terms) to allow another person or entity to access and use the Site or Services using your access credentials.
You must immediately notify HBW if you become aware of any unauthorized use of your access credentials or any other concerns that you have about the misuse or security of your account by using the contact information listed below.
You will comply at all times with HBW’s Privacy Notice and Anti-Spam Policy. HBW may, from time to time and in its sole discretion, revise its Privacy Notice and Anti-Spam Policy, such revisions to be effective immediately upon being posted on the Site.
UNLAWFUL OR PROHIBITED USES.
You accept sole responsibility for your use of the Site and Services. Your use of the Site and Services is limited to their intended functions.
Unauthorized use of the Site or Services is strictly prohibited. Prohibited use of the Site and Services includes:
- Harassment in any manner or form on the Site or any areas of the Site, including via e-mail and chat, or by obscene or abusive language.
- Impersonation of others, including a HBW employee, host, or representative or other members or visitors.
- Uploading to, distributing, or otherwise publishing through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.
- Uploading commercial content on the Site or using the Site to solicit others to join or become members of any other commercial online service or other organization.
- Behavior that violates any law, statute, ordinance, or regulation, or that is otherwise fraudulent or deceptive, or encourages conduct that would constitute a criminal offense or that gives rise to civil liability.
- Attempt to gain unauthorized access to other accounts, networks, or computer systems connected to the Site.
- Attempt to damage, disable, overburden, or impair HBW’s servers or networks.
- Use or launch any technology, including without limitation, “robots”, “spiders”, or accounts.
- Attempt to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
- Behavior that violates the Terms or any HBW policies or agreements, including but not limited to the HBW’s Anti-Spam Policy.
HBW reserves the right, in its sole discretion, to terminate any Services provided to you and to assert legal action with respect to your use of the Site or Services that HBW reasonably believes is or might be in violation of the Terms, Additional Terms, or other HBW policies or agreements.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of HBW. The collective work includes works that are licensed to HBW. Copyright 2000 through current calendar year. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to HBW, or other respective owners that have granted 2-10 HBW the right and license to use such Marks.
The content of the Site is for your personal and noncommercial use. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use in connection with your participation in the 2-10 HBW® New Home or Resale Home warranty programs, or to place an order with 2-10 HBW or to purchase 2-10 HBW® products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of 2-10 HBW is strictly prohibited.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
HBW respects the intellectual property of others, and we ask our users and visitors to do the same. HBW will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, HBW will investigate, remove or disable access to any material found to be infringing or found to be the subject of infringing activity, and remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, you must provide HBW with all of the following information: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of the location on the Site of the alleged infringing material; 4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit HBW to contact you; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
By mail: Home Buyers Warranty Corporation
13900 E. Harvard Ave.
Aurora, Colorado 80014
ATTN: General Counsel
By fax: (303) 368-0529
By E-mail: firstname.lastname@example.org
(Please include “Notice of Infringement, ATTN: General Counsel” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING HBW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event a HBW product or Service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HBW shall have the right to refuse or cancel any orders placed for the product or Service listed at the incorrect price. HBW shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, HBW shall issue a credit to your credit card account in the amount of the incorrect price.
HBW does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, HBW is merely acting as a passive conduit for such distribution and is not undertaking any duty, obligation or liability relating to any contents or activities on the Site. However, HBW reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another (d) a violation of any law or regulation or (e) offensive or otherwise unacceptable to HBW at its sole discretion.
By posting or submitting user generated content you warrant and represent that you own or otherwise control all of the rights to your submission including, but not limited to, all the rights necessary for you to provide, post, upload, input, or submit the user generated content.
Except for any personal (non-commercial) information we may collect from you under the guidelines established in HBW’s Privacy Notice, any material, information or other communication you transmit, upload or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. HBW will have no obligations with respect to the Communications. HBW and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
HBW does not endorse any user generated content or any opinion, recommendation, or advice expressed therein, and HBW expressly disclaims any and all liability in connection with user generated content.
In an attempt to provide increased value to our visitors, the Site may contain links to other websites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). These Terms and HBW’s Privacy Notice do not apply to External Sites. Please review the terms and conditions and privacy notices for any External Sites that you may visit through a link on our Site.
HBW has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that HBW sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, HBW seeks to protect the integrity of this Site and the links placed upon it and, therefore, requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the site administrator or Webmaster for those External Sites if you have concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of HBW products and/or each claim or statement comparing the effectiveness of HBW products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
HBW makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. HBW does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
This Site and the materials, information, Services, and products on this Site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, HBW disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance.
HBW does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. HBW does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
HBW makes no warranty whatsoever to you, express or implied, regarding the security of the Site or Services, including with respect to unauthorized persons to intercept or access information transmitted by you through the Site. You acknowledge and agree that you are solely responsible for maintaining the security of your devices. HBW is not responsible for any losses resulting from the loss or theft of your device or the loss or theft of your information transmitted from or stored on your devices.
SYSTEM OUTAGES, SLOWDOWNS, AND CAPACITY LIMITATIONS.
At times you may experience difficulty accessing the Site or Services or communicating with HBW through the Internet or other electronic wireless services as a result of high Internet traffic, transmission problems, systems capacity limitations, or other problems. Any computer system or other electronic device, whether it is yours, an internet service provider’s, or HBW’s, can experience unanticipated outages or slowdowns or have capacity limitations. HBW makes not warranty whatsoever to you, express or implied, regarding the availability of the Internet or cell or data services on your device.
LIMITATION OF LIABILITY.
In no event shall HBW be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever in connection with the Site or Services or your use thereof or inability to use by any party, even if HBW has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, Services, products, and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless HBW, its officers, directors, employees, agents, licensors and suppliers (collectively the “Indemnified Parties” and each an “Indemnified Party”) from and against any and all losses, expenses, damages and costs, including without limitation reasonable attorneys’ fees and expert witnesses’ fees, incurred or arising from (i) any violation of these Terms (including negligent or wrongful conduct) by you, (ii) any violation of the Anti-Spam Policy, (iii) any activity related to your use of the Site or Services, or (iv) any information provided by you or any other person accessing the Site using your account credentials.
You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the written consent of the applicable Indemnified Party.
By using this Site, you agree that HBW, at its sole discretion, may require you to submit any disputes arising from the use of the Site or Services, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (“Rules”), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages in any arbitration initiated under this section, except as may be required by statute.
The Terms shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or Services (including but not limited to the purchase of HBW products) shall be in Denver, Colorado.
Any cause of action or claim you may have with respect to the Site or Services (including but not limited to the purchase of HBW products) must be commenced within one (1) year after the claim or cause of action arises.
HBW’s failure to insist upon or enforce strict performance of any provision of the Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
HBW may assign its rights and duties under the Terms to any party at any time without notice to you. HBW makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site or Services from locations outside Colorado do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Colorado.
If any provision of the Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force. The waiver by either party of a breach of any provision of the Terms will not operate as a waiver of any other or subsequent breach. HBW may subcontract all or a portion of its responsibilities hereunder.