WEB SITE TERMS AND CONDITIONS

Your use of the H2OME CERTIFIED, INC. ("HCI") Web site (the "Site") is subject to Your compliance with these terms and conditions (the "Terms"). By using the Site, You accept and agree to be bound by these Terms. If You do not agree to the Terms, You should not use this Site. HCI may modify these Terms from time to time and without notice, effective immediately upon posting on the Site. Your continued access or use of the Site constitutes acceptance of such modifications.

About Us

HCI is based in Portland, Oregon. HCI's goal is to provide superior customer services and support in the manner described in this Site. We encourage you to navigate this Site and to contact HCI for further information and to answer any questions.

Ownership And Suggestions

All content, copyrights, trademarks and software used on or in connection with the Site, or accessed through the Site (the "HCI Content"), including without limitation text, graphics, digital downloads, and data compilations, and the overall design of the Site, the HCI trademarks and logos used on the Site and overall "look and feel" of the Site, are the property of HCI and protected by U.S. and international copyright, trademark and other laws. Other product and company names which appear on the Site may be subject to trademark or other rights of other parties. HCI grants You a personal, non-transferable, non-exclusive limited license to access and use the Site and to download and print a single copy of HCI Content from the Site solely for Your internal, non-commercial use.

You may not (a) delete or modify any copyright or other proprietary notices contained in the HCI Content; (b) copy, use, distribute, transmit or modify the HCI Content or any other property of HCI, whether in electronic or hard copy form; (c) claim any portion of the HCI Content as Your own; or (c) frame any HCI Content, without HCI's express, written consent. HCI reserves all rights in the HCI Content and any other property of HCI, without limitation and to fullest extent permitted by law whether or not expressly granted in these Terms.

HCI welcomes suggestions for improving our current services, and for new products or services. By submitting a suggestion, You acknowledge and agree that (a) HCI may, but has no obligation to, use it without payment or other compensation to You of any kind and that HCI will own all rights in the suggestion and any results thereof; and (b) You waive any rights You may have in such suggestion, and agree not to permit or prosecute any action or lawsuit on the ground that our use of the suggestion constitutes an infringement of your rights.

Copyright Infringement

If You believe any HCI Content infringes any person's copyright interest, please provide the following information, in writing and signed by You, to HCI Copyright Agent at the address listed below:

• A description of the allegedly infringing content, and of the copyrighted work which You believe is infringed, including an assertion that You either own such copyright interest, or are the authorized agent of the owner.
• Your address, telephone number and e-mail address.
• Your statement that all information You have provided is accurate and that You have a good-faith belief that the use of the disputed content is not authorized by the copyright owner, its agent or by law.
  
  Home Certified, Inc.
  Attention: Copyright Agent
  PO Box 2063,
  Lake Oswego, OR 97035

Your Use Of The Site

You are solely responsible for obtaining and maintaining all telephone, hardware, software and other equipment necessary to access and use the Site, including all related expenses. You agree not to use the Site in any manner so as to (a) adversely affect the Site's resources or the availability of the Site to others; (b) violate any local, state, national or international law, including without limitation laws regarding the export of data from the United States or the country in which You reside; or (c) delete or revise any content on the Site. You further agree not to use the Site or the Services to harass any other person or to collect or store personal information about other visitors.

Links

As a service to You, HCI may provide links on the Site to other Web sites or resources over which HCI has no control. HCI has no responsibility or liability whatsoever for the content, advertising, products or any other material or information accessed through such links, or the privacy policies of such sites, and inclusion of such links on the Site does not imply an endorsement of any content, product, service or information available thereby.

Privacy

The following provisions apply to information HCI learns about or obtains from You when You visit the Site.

Information You Give Us: HCI receives and stores any information you enter on the Site or provide in any other manner, including via e-mail, including Personal Information. Of course, You can choose not to provide such information, but then You might not be able to access or use certain portions of the Site or information or data available through the Site. HCI may, but is not obligated to, retain the content of any e-mails You send or information or data You provide by other means, including Your e-mail address and other personally identifiable information, so that HCI may respond to Your requests for information or questions, and comply with any legal requirements.

Automated Information Collection ("Cookies"): HCI receives and stores certain types of information whenever You visit the Site. In addition to information You provide, we may collect the name of the domain and host from which You access the Internet; the IP address of the computer You are using; and the browser and operating system You are using; the date and time You access the Site; and the Internet address of the Web site from which You linked to the Site. We use "cookies" to automatically gather some of this information. A cookie is a small text file that HCI system sends to Your computer to collect information about Your activities on the Site. The cookie transmits this information back to the Site each time Your browser requests a page from the Site, and the information is stored to help facilitate Your use of the Site the next time You visit. If You do not want to receive cookies from the Site, You can set Your browser to not accept cookies.

How We Use Information You Provide and/or HCI Collects:

• Administer the Site and diagnose problems with our server;
• Verify Your identity;
• Provide You with information about the Site and HCI and our products and services; and
• Measure the number of visitors to the Site and how the Site is used, in order to make the Site as useful as possible to our visitors.

Subpoenas: HCI will respond to any subpoena received from a government agency (i.e., the Securities and Exchange Commission or law enforcement agencies) and private parties without prior notice to You. Unless prohibited by law or by a valid court order, we will notify You of any subpoena received from any other party (i.e., for civil litigation) which requires us to disclose Your identity, and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena, before providing the information requested by the subpoena.

Correct/Update Procedure: If You want to delete or modify Your Personal Information or Automated Information from HCI's records, You may do so by:

• Sending an email to: info@homecertified.com
• By mail to the following address:
  Home Certified, Inc.
  PO Box 2063,
  Lake Oswego, OR 97035

By calling the following telephone number: 1-866-379-4674

Termination

These Terms remain in effect until terminated by either You or HCI. If You or HCI terminate these Terms for any reason, You must immediately discontinue all access and use of the Site, and destroy all HCI Content, and any copies and installations thereof. HCI reserves the right to suspend or terminate Your access to the Site or any portion of the Site, and your limited right to use HCI Content under these terms, with or without notice, if You breach these Terms, or if HCI has reasonable grounds to believe You have committed such breach. HCI may, in its sole discretion, discontinue providing the Site, in whole or in part, and with or without notice to You. HCI shall have no liability to You or any third party for any termination of the Site or access to the Site.

No Warranty

HCI DOES NOT WARRANT THAT (a) ANY HCI CONTENT, OR ANY INFORMATION OR DATA ACCESSED THROUGH OR DOWNLOADED FROM THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT ERROR-FREE, OR FREE OF SOFTWARE VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES OR EFFECTS; (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (c) THAT YOUR ACCESS OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DOES HCI MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH THE SITE. THE SITE, HCI CONTENT, AND ALL DATA AND INFORMATION PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) YOU ARE SOLELY RESPONSIBLE FOR SAFEGUARDING YOUR OWN DATA, EQUIPMENT AND SOFTWARE.

Limitation Of Liability

HCI SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON OR DOWNLOADED OR ACCESSED THROUGH, THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF HCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES., AND WHETHER THE BASIS OF THE LIABILITY IS BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTES, OR ANY OTHER LEGAL THEORY.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HCI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HCI'S LIABILITY EXCEED THE GREATER OF $50.00 OR THE AMOUNT ACTUALLY RECEIVED BY HCI FROM YOU IN THE SIX MONTH PERIOD PRIOR TO THE EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.

Indemnity

You agree that You are personally responsible for Your use of the Site, and further agree to indemnify, defend and hold harmless HCI, its officers, directors, employees, agents and third party information providers from and against any loss, damage, or expense of any kind (including attorneys' fees and costs) resulting from Your violation of any the Terms or Your use of or access to the Site, Your posting or e-mailing of Visitor Content, or Your violation of the rights of any third party.

Miscellaneous

This Site is controlled and operated by HCI from its headquarters in Oregon, USA. HCI makes no representation that any HCI Content or any other material or information accessed on or through the Site are appropriate or available for use in other locations. If You access this Site from a location outside of Oregon or the United States of America, You do so on Your own initiative and are responsible for compliance with all laws of Your jurisdiction.

HCI is presently licensed and authorized to perform the services described in this Site in the State of Oregon, USA only and in no other jurisdiction.

These Terms, and any dispute that may arise between You and HCI shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without regard to conflict of laws principles. The Terms, as may be amended from time to time, set forth the entire understanding of You and HCI as to the subject matter of the Terms. You consent to the exclusive jurisdiction and venue in the state or federal courts, as applicable, located in Multnomah County, Oregon, U.S.A. for any all disputes arising out of or relating to the Terms and/or the Site.

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of HCI. HCI may assign its rights and duties under the Terms to any party, at any time, and without notice to You.

These Terms constitute a written agreement between You and HCI, and a printed version of these Terms, and of any electronic notice pertaining to these Terms, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

Questions about these Terms or the Site? Please visit our Contact page.