HCD App Terms and Conditions

 

Agreement between User and HCD App

Welcome to the HCD App app (“HCD App”). HCD App is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of HCD App constitutes your agreement to all such Terms and HCD App’ Privacy Policy. Please read these terms carefully, and keep a copy of them for your reference.

 

General Information

 

HCD App reserves the right to restrict republishing of content.  HCD App content may not be reposted for any commercial use without HCD App’ prior approval.

 

HCD App reserves the right to use the app for advertising. 

 

Prohibited Uses

 

Along with other prohibited uses stated in these Terms, HCD App users are expressly prohibited from the following:

 

Defaming a person or business by posting negative content at a residence or a business;

 

Using the app for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular service;

 

Using the app in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the app, or that could damage, disable, overburden, or impair the functioning of the app in any manner;

 

Using the app in any manner that could jeopardize the security of the app;

 

Using any robot, spider, crawler, scraper, or other automated means or interface not provided by HCD App to access the app or to extract data;

 

Reverse engineering any aspect of the app or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the app;

Attempting to circumvent any content-filtering techniques HCD App employs, or attempting to access areas or features of the app that you are not authorized to access;

Attempting to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;

Engaging in any harassing, intimidating, predatory, or stalking conduct;

Impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity;

Violating the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;

Infringing any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Developing any third-party applications that interact with HCD App’ users’ content or the app without our prior written consent;

Using the app for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms;

Using or attempting to use another user’s account without authorization; and

 

Using HCD App while driving or engaging in any other activity that requires your undivided attention. 

 

 

Privacy

Your use of HCD App is subject to HCD App' Privacy Policy. Please review our Privacy Policy, which also governs the app and informs users of our data collection practices.

 

Electronic Communications

Using HCD App constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the app, satisfy any legal requirement that such communications be in writing.

 

Your Account

HCD App and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion.

 

HCD App does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HCD App only with permission of a parent or guardian.

 

Links to Third Party Sites/Third Party Services

HCD App posts may contain links to websites ("Linked Sites"). The Linked Sites are not under the control of HCD App and HCD App is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link in a HCD App user’s post does not imply endorsement by HCD App of the Site or any association with its operators.

   

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use HCD App strictly in accordance with these Terms. As a condition of your use of HCD App, you warrant to HCD App that you will not use HCD App for any purpose that is unlawful or prohibited by these Terms, including the above enumerated prohibited uses. You may not use HCD App in any manner that could damage, disable, overburden, or impair HCD App or interfere with any other party's use and enjoyment of HCD App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through HCD App.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on HCD App, is the property of HCD App and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on HCD App. HCD App content is not for resale. Your use of HCD App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of HCD App and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of HCD App or our licensors except as expressly authorized by these Terms.

 

Use of HCD App

HCD App reserves the right to terminate your access to HCD App at any time without notice for any reason whatsoever.

 

HCD App reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

   

International Users

The Service is controlled, operated and administered by HCD App from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.

 

Indemnification

You agree to indemnify, defend and hold harmless HCD App, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use app, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HCD App reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HCD App in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HCD APP LLC MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE APP AT ANY TIME.

 

HCD APP LLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HCD APP LLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HCD APP LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HCD APP LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

 

Termination/Access Restriction

HCD App reserves the right, in its sole discretion, to terminate your access to HCD App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the app. Use of HCD App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and HCD App as a result of this agreement or use of the app. HCD App’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HCD App’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of HCD App or information provided to or gathered by HCD App with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HCD App with respect to the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HCD App with respect to the app. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

HCD App reserves the right, in its sole discretion, to change the Terms under which the HCD App app is offered. The most current version of the Terms will supersede all previous versions. HCD App encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

HCD App welcomes your questions or comments regarding the Terms:

 

Email Address:

apps@hcdapp.com

 

Address:

Logan Security Consulting LLC

19363 Willamette Drive #210

West Linn, Oregon 97068

 

 

Email Address:

apps@hcdapp.com

 

 

Effective as of June 1st 2019

By downloading or using this software on iOS you agree to the EULA

By downloading or using this software on Android you agree to the EULA