Homerun International - Terms of Use

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Terms of Use

1.TERMS OF USE

Homerun International provides a collection of online resources. By using our services in any way, you are agreeing to comply with the terms of this policy. When using Homerun services, you agree to abide by any applicable posted guidelines for all Homerun services, which may change from time to time. Should you object to any term or condition, any guidelines,or any subsequent modifications thereto or become dissatisfied with Homerun in any way, your only recourse is to immediately discontinue use of Homerun’s services.

2.MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.

3.CONTENT

The Homerun site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Homerun. The Homerun site and Content available through this service may contain links to other websites, which are completely independent of Homerun. Homerun makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites 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 Homerun 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. Homerun shall have 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 letter or spirit of the Homerun Website Policy or for any other reason.

4.THIRD PARTY CONTENT, SITES AND SERVICES

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

You agree that Homerun International shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users and any third party, you understand and agree that Homerun Investments is under no obligation to become involved. In the event that you have a dispute, you hereby release Homerun International, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5.PRIVACY OF INFORMATION STATEMENT

Homerun International Inc™ has created this privacy statement in order to demonstrate our firm commitment to the safe, secure, and responsible handling of information provided by our members. The following discloses our information gathering and dissemination practices.

Our registration forms require users to give us contact information (like their name and email address). We use customer contact information from these forms to send the user information about our company and details about our events.

The customer’s contact information is also used to contact the customer when necessary. Users may opt-out of receiving future mailings. (See the choice/opt-out section below.) Financial information that is collected is used to bill the user for products and services and is only retained through MONERIS merchant E-Payment systems.

Under no circumstances do we sell or distribute in any way any of the information collected on our registration forms.

6.CREDIT CARD OR FINANCIAL INFORMATION

Credit card or financial information is absolutely secure and is not held or stored on this website. We have no access to this information.

When we confirm a person’s use of credit card information, we do not include the credit card number or any other financial information in our reply e-mail when applicable. While we can be assured of our own security system, we do not always know what is in place at the client end.

7.CONTACTING CLIENTS

The customer’s contact information is also used to contact clients when necessary. Users may opt-out of receiving future mailings. (The choice/opt-out policy can be initiated by contacting rob@homeruninternational.com and requesting that no further emails or notices come to you from the Homerun International website, mailing list or the Homerun International staff.) Financial information that is collected is not stored on this website. We do not distribute or make available any of this information to any other sources.

Your use of the Homerun International website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Homerun International may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the HOMERUN INTERNATIONAL WEBSITE POLICY; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Homerun International, its users or the general public.

8.ACCESS TO THE SERVICE

Homerun International grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Homerun International. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or profiles, or which is in the business of providing classified ad listing services.

Use of the Service beyond the scope of authorized access granted to you by Homerun Investments immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain permission from Homerun International.

9.TERMINATION OF SERVICE

You agree that Homerun International, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Homerun International believes that you have acted inconsistently with the letter or spirit of the HOMERUN INTERNATIONAL WEBSITE POLICY. Further, you agree that Homerun International shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

10.PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Homerun International. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Homerun International, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. HOMERUN INTERNATIONAL INC. is a registered trademark.

11.DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE HOMERUN INTERNATIONAL SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE HOMERUN INTERNATIONAL SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMERUN INVESTMENTS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE HOMERUN INTERNATIONAL SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMERUN INTERNATIONAL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOMERUN INTERNATIONAL SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HOMERUN INTERNATIONAL SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HOMERUN INTERNATIONAL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HOMERUN INTERNATIONAL SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12.LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HOMERUN INTERNATIONAL BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HOMERUN INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE HOMERUN INTERNATIONAL SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE HOMERUN INTERNATIONAL SITE OR THE SERVICE, FROM INABILITY TO USE THE HOMERUN INTERNATIONAL SITE OR THE SERVICE, OR THE NTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE HOMERUN INTERNATIONAL SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOMERUN INTERNATIONAL SITE OR THE SERVICE OR ANY LINKS ON THE HOMERUN INTERNATIONAL SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE HOMERUN INTERNATIONAL SITE OR THE SERVICE OR ANY LINKS ON THE HOMERUN INTERNATIONAL SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13.INDEMNITY

You agree to indemnify and hold Homerun International, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any possible Content you submit, post or make available through the Service, your use of the Service, your violation of the HOMERUN INTERNATIONAL WEBSITE POLICY, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14.GENERAL INFORMATION

The HOMERUN INTERNATIONAL WEBSITE POLICY constitutes the entire agreement between you and Homerun International and govern your use of the Service, superseding any prior agreements between you and Homerun International.

15.VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the HOMERUN INTERNATIONAL WEBSITE POLICY, by flagging the posting(s) for review, or by emailing to:

rob@homeruninternational.com

Our 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.