[Revised June 15, 2016]
Welcome to www.post2020hlp.org
(hereinafter referred to as “Company” “we,” “us,” or “our”). Before you
begin to use post2020hlp.org (“Website”), please take a moment to review these
terms and conditions (“Agreement”), which is a legal agreement. The
Agreement describes the terms and conditions which govern your use of
the Website and the products and services provided through or in
connection with the Website (collectively, “Service”), which may be
updated by us from time to time without notice to you. We may also offer
other services that are governed by different terms and conditions. You
must read and agree with all of the terms and conditions contained in
before you use the Service. If you do not agree to be bound by the terms
and conditions of this Agreement, you may not use or access the
1. LEGAL AGREEMENT.
YOU ARE ENTERING INTO A LEGAL AGREEMENT AND AS SUCH YOU MUST READ THE
FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THE
THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEBSITE FOR ANY
PURPOSE AND DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OF
OUR WEBSITE OR PRODUCTS OFFERED. YOU MUST BE 18 YEARS OF AGE AND
POSSESS THE LEGAL AUTHORITY TO ENTER INTO AN AGREEMENT TO USE THIS
2. USER AGREEMENT.
which is incorporated herein as though fully set forth herein. Upon
entering the requested information, our technology will forward your
information to one of our participating advertisers for the services or
products which you have requested. This may be done automatically and a
new window may appear or the service provider may contact you directly
by telephone, email or mail as set forth below.
WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS
WEBSITE. UPON ENTRY INTO SERVICE OR PRODUCT PROVIDER’S WEBSITE LINKED TO
AND CONDITIONS OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION
AS THOSE POLICES AND TERMS WILL DIFFER FROM THESE.
In order to provide you the services you have requested, you are
expressly giving your permission to provide any information collected on
this Website to third parties. As such, you are expressly giving your
permission for such third parties to contact you by mail, email, text
messaging or telephone. By registering and using this Website, you agree
that such act constitutes a purchase, an inquiry and/or an application
for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et
seq. (the “ATSR”). Notwithstanding that your telephone number may be
listed on the Federal Trade Commission’s Do-Not-Call List (or a state
do-not-call) list you have authorized us to contact you via
telemarketing in accordance with the ATSR. Moreover, by registering
with, or requesting information from, a third-party advertiser at or
through the Website or other advertisement media made available by us
(e.g., email marketing), you agree that such action shall constitute a
purchase, an inquiry and/or an application with the respective
third-party advertiser for purposes of the ATSR and you may be contacted
via email, direct mail and/or telemarketing by such third-party
advertiser in accordance with the ATSR. If, at any time, you do not wish
to be bound by these conditions or you are unsatisfied with the
Website, its content or other legal notices, you agree that your sole
and exclusive remedy is to discontinue using this Website.
You further represent and warrant that: (i) You are at least 18 years
of age and possess the legal authority to enter into an agreement and
to use the Website in accordance with these Terms and Conditions; (ii)
All information supplied by you is true and accurate (without limitation
of the foregoing, the provision of any speculative, incorrect,
misleading, false or fraudulent information is prohibited); (iii) You
understand and agree that Company may share personally identifiable
information and other information provided by, and aggregated
information about you and other users with its vendors, sponsors,
advertisers, service providers and marketers, lookup and reference
services, other unaffiliated third parties, and other entities that
Company believes are able to provide its Website users with offers and
opportunities, as more fully described in the Company’s posted Privacy
Policy firstname.lastname@example.org; (iv)
You understand that abuse of this Website may result in your being
denied access to such Website, as determined by Company in its sole
discretion; (v) You understand and agree that, in addition to these
Terms and Conditions, your use of this Website will be governed by the
official rules applicable to the promotion or offer, if any; (vi) You
understand and agree that Company controls only the landing page and
intake forms on this Website. Upon entry of the requested information, a
participating service provider will be contacting you directly to
provide you with information regarding your request. Company shall not
be responsible for any such providers contact with you or any subsequent
agreement you may enter into with such provider; and (vii) Your use of
the Services on this Website is subject to all applicable federal, state
and local laws and regulations; (viii) You also give us permission to
send you periodic updates of services and products which may be of
interest to you through email, mail, or telemarketing.
The Website is an online network marketplace. You understand and
agree that if you submit a request through the Website, we will share
your personal information (such as your full name, address, telephone
number, and financial information) with service providers in our network
to process to fulfill your request. You understand and agree that we do
not render services or sell products directly. Any compensation we may
receive is paid advertising services we provide. We do not charge you a
fee to use the Website. You also give us permission to send you periodic
updates of services and products which may be of interest to you.
Please note that information we provide you either on the website or by
email may not be used as the sole basis for your service or product
decision, and may not meet your particular needs. Please seek the advice
of an appropriate professional for an assessment of the information
provided on this site.
4. CHANGES TO TERMS AND CONDITIONS AND POLICIES.
Company reserves the right, in our sole discretion, to change, modify
or otherwise alter these Terms and Conditions and the posted Privacy
Policy, which appear on this Website at any time for any reason which
change, modification or alteration is effective upon posting on the
Website without further notice to you. It is your responsibility to
changes periodically. Your continued use of the Website following the
posting of changes and/or modifications will constitute your acceptance
of the revisions and the reasonableness of notice of changes.
5. REJECTION, TERMINATION AND CANCELLATION.
Company or its participating lenders or aggregators may reject any
registration or subsequent application from any person with or without
cause at their sole discretion. Your status as a registered user creates
only a customer relationship with Company and does not create an
employment relationship, an independent contractor relationship, an
agency relationship, or any other relationship. You may cancel your
request at anytime by sending an email to: www.post2020hlp.org.
6. PROHIBITED USER CONDUCT.
A. You are prohibited from any conduct that, in Company’s sole
discretion, restricts or inhibits any other user from using or enjoying
the Website or any linked Website. You are prohibited from accessing or
attempting to access private areas of the Website or any other user’s
information. You are prohibited from impersonating any person or entity
or otherwise falsely stating or misrepresenting your affiliation with a
person or entity.
B. You are prohibited from using any data, content, and any
information provided or used on the Website, as well as your use of our
Website, products and services which will infringe or facilitate
infringement on any copyright, patent, trademark, trade secret, or other
proprietary, publicity, or privacy rights of any person or entity,
including third-parties. You are prohibited from using any data, content
or information which contains or promotes any viruses, Trojan horses,
worms, time bombs or other computer programming or code that is designed
or intended to damage, destroy, intercept, download, interfere,
manipulate, or otherwise interrupt or expropriate the Website, data,
personal information, software, equipment, servers or content or
facilitate or promote hacking or similar conduct. You are prohibited
from harvesting, sweeping, or use any other means, to collect
information about users of the Website; Use automated means, including
spiders, robots, bots, scripts, crawlers, or the like, in connection
with any activity on the Website; Resell, assign, sublicense, otherwise
transfer, or delegate your rights or obligations under these Terms and
Conditions without the prior express written authorization of Company;
Modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, link, display or in any way
exploit any Website content; or except as otherwise expressly permitted
on the Website, use any information you may obtain from the Website
(including without limitation, user information) to send any other
person unsolicited messages, commercial or otherwise, by electronic,
telephonic, postal or other means.
7. MARKETING MATERIALS.
By signing up at the Website, you are giving your consent to receive
promotions or newsletters from Company, our affiliates and/or
third-party marketers. If you do not wish to receive these emails, you
may request to be removed by using the opt-out mechanism listed in the
email messages you receive. To opt-out of email promotions from Company
alone, you may simply use our convenient Unsubscribe Email at the bottom
of the first page of the Website: email@example.com. Please note that exercising an opt-out mechanism only applies to the company with which you exercised that right.
8. THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.
The Website may display and make available content, promotions,
advertisements, and offers provided by third parties (“Third Party
Promotions”), as well as goods and services offered by third parties
(“Third Party Products”). You understand and agree that Company shall
not be responsible and shall have no liability for any Third Party
Promotion or Third Party Product or for your activities on any third
party Websites for whom Company displays offers (“Third Party Website
Activity”), and that you participate in or choose to click on a Third
Party Promotion, purchase and/or use a Third Party Product, or
participate in a Third Party Website Activity solely at your own risk.
You agree that your sole remedy in connection with any Third Party
Promotion, Third Party Product or Third Party Website Activity will be
with the applicable Third Party offering the Third Party Promotion,
Third Party Product or Third Party Website Activity and that you shall
have no remedy against Company arising from your use of or participation
in, or inability to use or participate in, any Third Party Promotion,
Third Party Product or Third Party Website Activity.
9. RELATIONSHIP WITH MARKETING ADVERTISERS.
This is an independent Website and is not affiliated with any of the
listed products. Trademarks, service marks, logos, and/or domain names
are the property of their respective owners, who have no association
with or make any endorsement of the products or services provided by
this Website. Furthermore, participating service providers or
advertisers are independent third parties and this Website is not acting
as a principal, agent or broker with respect to any advertisers.
10. LINKED WEBSITES.
You may be able to link to third parties’ Websites (“Linked
Websites”) from the Website. Linked Websites are not, however, reviewed,
controlled or examined by Company in any way and Company is not
responsible for the content, availability, advertising, products or
other materials of any such Linked Websites, or any additional links
contained therein. Except as otherwise noted on the Website, these links
do not imply Company endorsement of or association with the Linked
Websites. In no event shall Company be liable, directly or indirectly,
to anyone for any loss or damage arising from or occasioned by the
creation or use of links to the Linked Websites, the Linked Websites
themselves, your participation in activities on such Linked Websites, or
the information, material, products or services accessed through these
Linked Websites. You should direct any concerns to that Website’s
administrator or webmaster. Company reserves the exclusive right, at its
sole discretion, to add, change, decline or remove, without notice, any
feature or link to any of the Linked Websites from the Website and/or
introduce different features or links.
11. INTELLECTUAL PROPERTY RIGHTS.
The Website contains intellectual property owned by Company and other
parties. As between Company and you, Company is the sole owner of the
Website and all materials on or available through the Website, including
without limitation, all applicable U.S. and non-U.S. copyrights,
patents, trademarks, and trade secrets, and other intellectual property
rights thereto (collectively, the “Website Content”). Except as
otherwise specifically provided in these Terms and Conditions, you may
not download or save a copy of the Website content or any portion
thereof, for any purpose; however, you may print a copy of individual
screens appearing as part of the Website content solely for your
personal, non-commercial use or records, provided that any Company or
other marks, logos or other legends that appear on the copied screens
remain on, and are not removed from the printed or stored images of such
Except as otherwise expressly permitted herein, you may not modify,
copy, publish, display, transmit, adapt or in any way exploit any
portion of the Website content unless you first obtain prior written
consent from Company — and from all other entities with an interest in
the relevant intellectual property. Any unauthorized attempt to modify
any Website content, to defeat or circumvent Company security features,
or to utilize this Website for other than its intended purposes is
12. DISCLAIMER OF WARRANTIES.
Except as expressly set forth herein, Company is not responsible for
any incorrect or inaccurate information or entry of information, whether
caused by users of the Website or by any of the equipment or
programming associated with or utilized in connection with the Website
or the products or services provided on or through the Website, or by
any technical or human error which may occur in the processing of
information received by Company. Company assumes no responsibly for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
authorized access to, or alteration of, information received or
submitted in connection with the Website. Company is not responsible for
any problems, errors or technical malfunction of any telephone network
or lines, computer on-line systems, servers or providers, computer
equipment, or software, or any failure of email on account of technical
problems or traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to participants or to
any other person’s computer related to or resulting from use of the
Website or Website Content.
THIS WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND
“AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, COMPANY, AND ITS PARENT,
SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISORS,
SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS,
USEFULNESS, OR OTHERWISE OF THE WEBSITE, AND THE WEBSITE CONTENT; AND
(ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT
WARRANT OR GUARANTEE THAT ANY PORTION OF THE WEBSITE OR THE WEBSITE
CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR
ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR
THAT ACCESS TO THE WEBSITE OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR
13. LIMITATION OF LIABILITY.
IN NO EVENT WILL COMPANY, ITS PARENTS, SUBSIDIARIES, PARTNERS,
AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE
LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN
ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE
THE WEBSITE OR WEBSITE CONTENT, EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR
DESTRUCTIVE PROPERTIES OF THE WEBSITE OR THE WEBSITE CONTENT.
14. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. MONITORING WEBSITE USAGE.
You agree that Company may electronically monitor the Website and
disclose any content, records, or electronic communication of any kind
(i) to satisfy any legal process or request; (ii) to operate the
Website; or (iii) to protect Company rights or the rights of the users,
sponsors, providers, licensors, or merchants.
You agree to defend, indemnify and hold Company, its parents,
subsidiaries, partners, agents, affiliates, licensors, advertisers,
successors and assigns and their respective officers, directors,
employees and shareholders harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys’ fees,
arising in any way from, in connection with or as a result of your use
or inability to use the Website and or Website Content, any information
provided to you by the Website, or any violation of these Terms and
Conditions by you.
YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE COMPANY AND
ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND
CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS,
EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL
MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION,
PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND
DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH
NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE
OF THE SERVICE.
18. DEALINGS WITH THIRD PARTIES.
Your correspondence or business dealings with any third parties as a
result of your use of the Webpage and request for products or services
are solely between you and such third party. You agree that Company
shall not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such third party on the Website.
19. DISPUTE RESOLUTION.
This Agreement will be interpreted in accordance with the laws of the
State of North Carolina, without regard to the conflicts of laws
principles thereof. The parties agree that any and all disputes, claims
or controversies arising out of or relating to the Agreement, its
interpretation, performance, or breach, that are not resolved by
informal negotiation within thirty (30) days (or any mutually agreed
extension of time), shall be submitted to final and binding arbitration
before a single arbitrator of the American Arbitration Association
(“AAA”) in Hickory, North Carolina. Either party may commence the
arbitration process called for herein by submitting a written demand for
arbitration with the AAA, and providing a copy to the other party. The
arbitration will be conducted in accordance with the provisions of the
AAA’s Commercial Dispute Resolutions Procedures in effect at the time of
submission of the demand for arbitration. The costs of arbitration plus
reasonable attorneys’ fees (including fees for the value of services
provided by in house counsel) shall be awarded to the prevailing party
in such arbitration. Judgment on the award rendered by the arbitrator
may be entered in the Superior Court of North Carolina, city of Hickory,
or the United States District Court for the Central District of
Carolina. Notwithstanding the foregoing, the following shall not be
subject to arbitration and may be adjudicated only in the Superior Court
of Hickory, North Carolina County, or the United States District Court
for the District of North Carolina: (i) any dispute, controversy, or
claim relating to or contesting the validity of Company’s proprietary
rights, including without limitation, trademarks, service marks,
copyrights, or trade secrets; or, (ii) an action by a party for
temporary, preliminary, or permanent injunctive relief, whether
prohibitive or mandatory, or other provisional relief.
RIGHT TO OPT OUT- If you do not wish to be bound by
this arbitration clause, you must notify the Company in writing within
60 days after signing this Agreement or your rejection of arbitration
will not be effective. You must send your request to: firstname.lastname@example.org.
Your request must include your telephone number(s) and a clear statement
of your intent, such as “I reject the arbitration clause stated in the
Company’s Website Terms and Conditions.”
20. WAIVER AND SEVERABILITY OF TERMS.
The failure by Company to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or
provision. If any provision of the Agreement is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions of the
Agreement remain in full force and effect.
21. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between you and
Company and governs your use of the Website and Service, superseding any
prior agreements. You also may be subject to additional terms and
conditions that may apply when you use or purchase other Company
services, affiliated services, third party content or third party
22. STATUTE OF LIMITATIONS.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR
THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR
CAUSE OF ACTION AROSE OR BE FOREVER BARRED.