Last updated on December 20th, 2020
The following Terms of Use apply when you view or use Homeowners Protection Bureau, LLC ("HOPB") digital products, including hopb.co (the "Site") and any of the Site's features, including but not limited to RSS feeds, Site's applications, or application plug-ins, APIs, and other downloads ("collectively, the "Services"). By accessing or using the Services, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site.
1) MODIFICATION OF TERMS OF USE
We reserve the right to change these Terms of Use at any time and without notice by updating this page. The changes will appear on the Site and will be effective when we post the changes. Therefore, it is your sole responsibility to check the Site from time to time to view any such changes of these terms. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use.
2) PRIVACY POLICY
HOPB respects the privacy of its Site's users. Please refer to the HOPB's Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. When users access the Services, they signify their agreement to this Privacy Policy.
3) DISCLOSURE
The opinion, advice, statement, memorandum, or information available through the Services is provided solely for informational purposes on an "as is" basis at the user's sole risk. HOPB is not a law firm and does not and will not perform services performed by an attorney. HOPB is NOT a substitute for the professional legal advice of an attorney. Therefore, in all cases, especially those that are very particular or complex in nature, HOPB encourages you to seek a licensed attorney's advice in your jurisdiction.
HOPB makes no guarantees as to the accuracy, quality, or completeness of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Services. HOPB shall not be responsible or liable for any errors, omissions, or inaccuracies in the content or information or any user's reliance on it. The user is solely responsible for verifying the information as appropriate for the user's personal use, including without limitation, seeking a qualified professional's advice regarding specific user questions. HOPB is not endorsed by or affiliated with any regulatory authority, agency, or association.
HOPB may introduce its Users to licensed attorneys through various referral methods. However, at no time is an attorney-client relationship fostered or created with HOPB due to these complimentary services, for which HOPB does not take any fee or engage in any profit-sharing. Whether or not Users choose to pursue such referral or related legal services is entirely their decision and is provided by HOPB only as a courtesy.
4) REGISTRATION AND SECURITY
You must be at least 18 years old and a resident of the United States to register for and use the Services. If you are a user who signs up to use the Services, you will create a personalized account that includes a unique username and a password to access the Services and receive messages from HOPB. You agree to notify us immediately of any unauthorized use of your password or account. HOPB will not be responsible for any liabilities, losses, or damages arising from the unauthorized use of your member name, password, and account.
You are entirely responsible for maintaining the confidentiality of their password. No user may use a third party's account, user name, or password at any time. You may be held liable for any losses incurred by HOPB, our affiliates, officers, directors, employees, contractors, consultants, agents, and representatives due to someone else's use of your account or password.
Please notify info@hopb.co of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5) FEES AND PAYMENTS
We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to the use of the Services through your account. All fees and charges are non-refundable.
If you believe someone has accessed the Services using your user name and password without your authorization, please immediately notify us by info@hopb.co. You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other Third Party service.
6. TERMINATION
You may terminate your account at any time by sending an e-mail to info@hopb.co. Upon termination, you will receive an automated confirmation via e-mail regarding the same, and you will no longer have access to the Service. Termination of paid digital products will be governed by our Cancellation and Refund Policy for Digital Products. Moreover, we may, in our sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Use.
7) USE OF FORMS
HOPB may provide users with access to self-help "fill in the blank" Forms ("Form"). If users choose to purchase, download, and use a Form, users understand that the Form is neither legal advice nor the practice of law and that each Form and any applicable instructions or guidance is not customized to your particular needs.
By ordering or downloading Forms, you agree that the Forms purchased or downloaded may only be used by you for personal use and may not be sold or redistributed without the express written consent of HOPB.
8) LIMITED LICENSE TO USE THE SITE AND SERVICES
HOPB grants you a limited, personal, non-exclusive, non-transferable license to use the Services, including the Site, for personal use only. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, retransmit, distribute, sell, publish, circulate, broadcast, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the information we provide in any manner, except for modifications in filling out the forms for the user's authorized use. You shall not remove any copyright notice from any HOPB document, Form, resource, or information.
9) USE RESTRICTIONS.
Permission to use the Services is conditioned upon the following Use Restrictions and Conduct Restrictions: Users agree that they will not, under any circumstances:
Violate local, state, and federal laws or regulations.
Transmit, or procure the sending of, any solicitation material, including junk mail, chain letters, or spam mail.
Impersonate or attempt to impersonate HOPB, employee, another user, or any other person or entity.
Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services or, as determined by us, may harm HOPB or users of the Services or expose them to liability.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
Use the Services for any unlawful purpose or the promotion of illegal activities;
Attempt to, or harass, abuse, or harm another person or group;
Use another user's account without permission;
Provide false or inaccurate information when registering an account;
Interfere or attempt to interfere with the proper functioning of the Service;
Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Services or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or
Publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Additionally, Users agree not to:
"Scrape" or disaggregate data from the Services (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Otherwise, attempt to interfere with the proper working of the Services.
10) POSTING AND CONDUCT RESTRICTIONS.
When users create their own personalized account, they may provide ("User Content"). Users are solely responsible for the User Content they post, upload, link to, or otherwise make available via the Services. Users agree that we are only acting as a passive conduit for their online distribution and publication of their User Content. HOPB, however, reserves the right to remove any User Content from the Services at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Services, users agree to the following terms:
Users are solely responsible for their account and the activity that occurs while signed in to or while using their account;
Users will not post information that is malicious, false, or inaccurate;
Users will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or any similar content unless Users are the owner of such rights or have the appropriate permission from their rightful owner to submit such content correctly; and
Users now affirm we have the right to determine whether any of their User Content submissions are appropriate and comply with these Terms of Use, remove any and/or all of their submissions, and terminate their account with or without prior notice.
Users of the Services understand and agree that any liability, loss, or damage that occurs due to the use of any User Content they make available or access through their use of the Services is solely their responsibility. HOPB is not responsible for any public display or misuse of their User Content. HOPB does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Services.
11) ONLINE CONTENT DISCLAIMER
HOPB is under no obligation to, and you should not be expected to, review content on the Site and Services, including User Contributions (defined below) or contributions by our independent contributors.
Opinions, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. HOPB does not guarantee the accuracy, completeness, or usefulness of any information on the Services, and neither does HOPB adopt nor endorse, nor is HOPB responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than HOPB. HOPB takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Services. Under no circumstances will HOPB be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Site or transmitted to users.
Though HOPB strives to enforce these Terms of Use, users may be exposed to User Content that is inaccurate or objectionable. HOPB reserves the right, but has no obligation, to monitor the materials posted in the Services or to limit or deny a user's access to the Services or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We will treat e-mails sent between users and other participants not readily accessible to the general public as private to the extent required by applicable law. HOPB shall have the right to remove any such material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal or civil prosecution under federal, state, and local law. If you become aware of misuse of our Service, please contact us via e-mail at info@hopb.co.
12) LINKS TO THIRD-PARTY WEBSITES AND CONTENT
The Services contains links to third-party websites, resources, and advertisers (collectively, "Linked Content"). The Linked Content is provided to you as a convenience and is not under the HOPB's control or ownership. The inclusion of any Linked Content is not (i) an endorsement by HOPB, (ii) an acknowledgment of any affiliation with its operators or owners, or (iii) a warranty of any type regarding any information or offer on the Linked Content. Your use of any Linked Content is governed by the various legal agreements and policies published on third-party websites. Therefore, HOPB encourages you to direct any concerns regarding any Linked Content to such a website.
13) COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
a) Termination of Repeat Infringer Accounts. HOPB respects the intellectual property rights of others and requests that the users do the same. Under 17 U.S.C. 512(i) of the United States Copyright Act, HOPB has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. HOPB may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (see 17 U.S. C 512) ("DMCA") by sending the following information in writing to HOPB's designated agent at 2338 W. Royal Palm Road, Suite J, Phoenix, AZ 85021-9339:
The date of your notification;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work claimed to have been infringed, or if a single notification covers multiple copyrighted works at a single online site, a representative list of such works at that site;
A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, or e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices.
If you believe that your User Content that has been removed from the Services is not infringing or that you have the authorization from the copyright owner, the copyright owner's agent, or under the law, to post and use the content in your User Content, you may send a counter-notice to our copyright agent using the contact information set forth above.
If HOPB copyright agent receives a counter-notice, HOPB may send a copy of the counter-notice to the original complaining party, informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may (in HOPB's discretion) be reinstated on the Services in 10 to 14 business days or more after receipt of the counter-notice.
Please note that under 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
14) CONTRIBUTOR CONTENT
User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.
If you voluntarily disclose personal information (e.g., user name, e-mail address) on the Services, such as on a forum, chat room, or on any other user or member-generated pages, that information can be viewed in search engines, collected and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on the Site.
Any User contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HOPB, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other Site user.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action concerning any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for HOPB.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HOPB AND ITS AFFILIATES, AGENTS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot and do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to all User Contributions and the use of Interactive Services. In their entirety, user contributions must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, harass, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Promote commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if that is not the case.
15. INDEMNIFICATION OF HOPB
All users of the Services agree to indemnify, defend and hold harmless HOPB and its officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account or these Terms of Use or any representations, warranties, and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in defense of any such claim. HOPB reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by all Users.
16. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICES. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.
17. LIABILITY DISCLAIMER
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER, HOPB NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES AND THE INFORMATION AVAILABLE ON THE SERVICES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST HOPB AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE SERVICES AND THE INFORMATION AVAILABLE THEREON.
18. DISPUTES
These Terms of Use and any disputes arising out of or related to the Services shall be governed by, and construed and enforced following the laws of the State of Arizona (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located in the State of Arizona, County of Maricopa.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED, AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.
19. WAIVER AND SEVERABILITY
No waiver by HOPB of any term or condition outlined in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HOPB to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
20. ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and HOPB concerning the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, concerning the Services.
21. COPYRIGHT/TRADEMARK INFORMATION. Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the Services are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
22. HOW TO CONTACT US
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@hopb.co.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Thank you for visiting HOPB.