Last Updated: April 19, 2021
BY ACCESSING OR USING THE SITE, YOU AGREE TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES ARISING FROM YOUR USE OF THE SITE THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE HFA IN A CLASS ACTION LAWSUIT.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. ALL CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THE SITE. BY ACCESSING OR USING THE SITE AFTER CHANGES ARE POSTED, YOU AGREE TO THOSE CHANGES.
- Account. To use certain features of our Site, you may be required to complete a new user registration form to create an account. You will also be required to create a user name and password. You are responsible for maintaining the confidentiality of your user name and password. Do not share your user name and password with any other person.
- Content. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, data sheets, specifications sheets, PDFs, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of HFA or, as applicable, its affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms, HFA retains all other ownership rights in the Site and Content, including all intellectual property rights.
- Site Information. We provide the information on the Site for general, informational purposes. While we use good faith efforts to keep the information on the Site accurate, we do not guarantee it is accurate, up-to- date or applicable to you.
- Use Rights. You may only use the Site and Content for your personal, non-exclusive use, so long as you comply with these Terms, and all applicable laws, rules and regulations. You may only use the Site and the Content for their intended purposes for which they are made available to you by HFA. You must use up-to- date, commercially standard, anti-virus software on any computer or device used by you to access the Site. We are not liable for any virus you might receive from our Site and you access our Site at your sole risk.
- Use of Marks. HFA owns certain trademarks, names, logos, insignia, or service marks (”Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by HFA. The Site may also contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
- Intellectual Property Rights. The Site and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to HFA or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
- You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without HFA’s prior written consent.
- You may not use the Site for unlawful purposes.
- You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site.
- You may not engage in data mining or similar data gathering or extraction activities from the Site. You may not use the Site to harvest email addresses, names or other information of the users of the Site or to spam other users of the Site.
- You may not access, use, or copy any portion of the Site or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
- You may not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
- You may not frame, mirror or circumvent the navigational structure of any part of the Site.
- You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
- You may not engage in any conduct while using the Site that HFA considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
- Social Media. We own content on certain social media Sites. Because anyone may post or tag our Social Media Pages, posts do not necessarily reflect the views of HFA. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that action is not an endorsement of that third party or any product, service or company they represent.
- NO WARRANTY. THE SITE AND CONTENT ARE PROVIDED ”AS IS,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HFA EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, AND ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.HFA MAKES COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ACCURATE AND RELIABLE CONTENT ON THE SITE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. HFA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. HFA DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HFA OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES. AGENTS OR PROFESSIONAL ADVISORS (collectively the ”HFA PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN HFA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE OR CONTENT.WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE HFA PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HFA PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE, AND (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
- Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.
- Discontinuing the Site or Content. HFA may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.
- No Liability for Suspension or Termination. HFA will not be liable to you or anyone else for any damages arising from or related to HFA’s suspension or termination of your access to the Site or the Content, or in the event HFA modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
- Cooperation with Law Enforcement. HFA will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE HFA PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
- DISPUTE RESOLUTION – ARBITRATION. Both parties agree to resolve any disputes arising under these Terms or relating to the Site or the Content through binding arbitration, on an individual basis, as set forth below.
- WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST HFA IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to HFA’s right to appeal.
- Good Faith Discussions. You and HFA must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
- Rules. You and HFA agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and HFA agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
- Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
- Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and HFA.
- Location. You agree that arbitration shall take place exclusively in Ozaukee County, Wisconsin. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
- Time Limit. Any claim by you arising in connection with these Terms, the Site or the Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
- Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
- Changes to this Agreement to Arbitrate. If HFA modifies this arbitration provision, you may reject that change by sending HFA written notice within thirty (30) days of our posting of the change, in which case you must immediately stop using the Site.
- The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
- Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
- Exceptions. Notwithstanding anything to the contrary in this Section, you and HFA each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
- Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Site, are governed by the laws of the State of Wisconsin, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Ozaukee County, Wisconsin. The parties expressly agree to the exclusive jurisdiction of those courts.
- Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
- Terms Applicable To New Jersey Consumers. No provision in these Terms will apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. HFA reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state.
- Contact Us. Please direct any questions and concerns regarding these Terms to us at:
Home Front Alliance, LLC
10936 N. Port Washington Rd.
Mequon, WI 53092