INTRODUCTION
The website, www.HotAtHome.com (the "Website") is owned and operated by "Hot at Home", which provides Internet services ("Services") through the Website. By using the Website you agree that you are bound by the terms of this Terms of Use Agreement (the "Agreement"), regardless of whether or not you create and maintain a profile ("Profile") or participate on the Website. Becoming a member, merely browsing the Website or posting a Profile on the Website constitutes usage (hereinafter, "Participation") and is governed by this Agreement. This Agreement contains the legally binding terms regarding your use of the Website which may be modified by Hot At Home, at any time and which will be effective upon its posting by Hot At Home on the Website.
Your Participation in the Website and Services (and your use of other sites operated or services provided by Hot At Home) following this notification constitutes your acceptance of this Agreement, as well as the terms and conditions contained in the updated Privacy Policy. The use of information provided by you through the Website is governed by the Privacy Policy. If you do not want the information that you have provided to us in the past used in the ways described in the Privacy Policy, please send an email to support [at] hotathome.com.
YOUR PARTICIPATION ON THE WEBSITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND YOUR ACCEPTANCE OF THEM.
We recommend that you read this Agreement carefully. Please do not use the Website if you disagree with anything in this Agreement. If you have any questions regarding this Agreement, please contact us at support [at] hotathome.com.
The contents of this web site, including the text, graphics, images, and information obtained from third-party content providers, and any other materials are to be used for informational purposes only. The information presented on this web site is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Whether or not you are at your goal fitness level or weight, consult your physician before beginning any exercise, diet, nutrition, or other plan offered through the web site. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the web site is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, an exercise regimen, your diet, nutritional supplements, or any other matter related to your health and well-being.
ELIGIBILITY
YOU MUST BE AN INDIVIDUAL WHO IS AT LEAST EIGHTEEN (18) YEARS OLD TO PARTICIPATE ON THE WEBSITE.
Organizations, companies or other businesses may not participate on the Website for any purpose. You represent and warrant that your use and access of the Website does not violate any law of your state, province or nation. You further represent that by participating on the Website you have the authority, right, and capacity to enter into this Agreement and to abide by all of its terms and conditions. Further, you represent and warrant to Hot At Home that you are not acting as an agent or attorney for any other person, including any government or governmental agency or branch. Hot At Home may terminate any Profile created by you without notice upon any violation of these eligibility requirements and/or the Rules Regarding Content Posted, below.
Hot At Home reserves the right to refuse service to anyone.
RULES REGARDING CONTENT POSTED ON WEBSITE
Your Participation and/or continued Participation on the Website is contingent upon your agreement to the following:
YOU UNDERSTAND AND AGREE THAT ALL PHOTOS SUBMITTED BY WEBSITE PARTICIPANTS WILL BE SCREENED BY HOT AT HOME. ALL PHOTOS MAY BE BLOCKED FOR ANY REASON AND WITHOUT NOTICE OR REFUND IF THE PHOTOS FAIL TO MEET THESE TERMS OF USE.
* Hot At Home's Right to Remove Content. You understand and agree that Hot At Home may without prior warning to you review and delete any content including but not limited to messages, images, photographs or Profiles (collectively "Content"), which Hot At Home determines, in its sole discretion, to be in violation of this Agreement or that it determines may be illegal, harmful, offensive, or violates the rights of other Participants or harms or threatens to harm the safety of other Participants.
* Responsibility for Content Posted by You and Grant of License. All Content that you publish or display (referred to herein as "Post" or "Posting") on the Website or communicate to other Participants or third parties is your sole responsibility. You represent and warrant that by Posting Content to the Website that you grant, and have the right to grant, Hot At Home an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display and distribute such Content and that Hot At Home may prepare any derivative work of or incorporate into other work, such Content, and that you grant to Hot At Home and authorize sublicenses of the foregoing.
* Prohibited Content. We have listed below some, but not all, of the kind of Content that is illegal and/or prohibited from the Website. If Hot At Home determines, through its own investigation or otherwise, that a Participant has violated these provisions, Hot At Home reserves the right to take any action it deems necessary against the offending party, including without limitation removing the offending communication from the Website and terminating the offending party's Participation.
* Violation of laws. Content that violates any applicable local, state, provincial, national or international law or any regulation having the force of law is illegal and prohibited. Specifically, Participants are responsible for ensuring that uploaded Content does not contravene any criminal law relating to obscenity, pornography or child pornography.
* Sexual acts. Content depicting any sexual act with any object or life form is illegal and prohibited.
* Images of minor persons. Content depicting any person's image, in whole or in part who is under the age of eighteen (18) years old, is illegal and prohibited.
* Impersonations. Content posted by a Participant that depicts images of a person other than the person being profiled, whether such Content is an impersonation or otherwise falsely represents the person being profiled or the Participant's affiliation with any person or entity, is illegal and prohibited.
* Harassment. The use of the Website to threaten, engage in or advocate the harassment of any individual or group (verbally or electronically) is illegal and prohibited.
* Hate Speech. Hot At Home will not tolerate hate speech toward any person or group in the form of ethnic slurs, personal insults or obscene language. Inflammatory discussion relating to controversial topics, such as politics or religion, will not be tolerated and is strictly prohibited.
* Harm to Minors. Causing harm to minors in any way including, but not limited to, by establishing unlawful contact with and/or soliciting information from persons under the age of eighteen (18) years old, whether on or off of the Website is illegal and prohibited.
* Promotion of Illegal Conduct. Content that promotes or provides instruction or information about how to engage in illegal conduct, commit illegal activities or promote physical harm or injury to you or to another person or animal is illegal and prohibited.
* Promotion of False Information. The promotion of Content that is defamatory or libelous, false or misleading is illegal and strictly prohibited.
* Transmission of Spam. The transmission of junk email, junk mail, chain letters, unsolicited mass mailing or "spamming" is prohibited.
* Transmission of Copyrighted Material. The publication or Posting of any unauthorized or illegal copy of a third-party's copyrighted work, including, but not limited to, computer files or programs, photographs, written text, pictures, pirated files, URL links, information to circumvent manufacturer-installed copy-protect devices or providing pirated music or links to pirated music is illegal and prohibited. Downloading Content for the sole purpose of reposting it to another media, including the reposting of Content stored within a local browser cache, is illegal and prohibited; the IP address of the offending Participant may be forwarded to the Federal Bureau of Investigation (FBI) at Hot At Home's sole discretion.
* Solicitation of Personal Information. The solicitation from other Participants of personal information, including passwords or other identifying information, for commercial or unlawful purposes is prohibited.
* Commercial Activities. The use of the Website for commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, without prior written consent from Hot At Home, is prohibited.
PROFILES
By posting a Profile, YOU REPRESENT AND WARRANT THAT THE PERSON DEPICTED IN THE PROFILE IS OVER THE AGE OF EIGHTEEN (18)YEARS OLD AND THAT YOU WILL NOT DEPICT ANY PERSON AS BEING UNDER THE AGE OF EIGHTEEN (18) YEARS OLD.
You understand that photos or other Content Posted to a Profile: are accessible to other participants who have registered with Hot At Home, but are not accessible by the general public; may be copied by unscrupulous users via standard browser tools; and, may be distributed without your knowledge or consent-all of which are beyond the control of Hot At Home. In addition, any email address Posted to your Profile may become publicly available and may subject you to unsolicited email and/or Spam, some of which may originate from a virus-infected computer, without your consent. Hot At Home strongly suggests that you use a self-updating virus check software package running on your computer to protect against computer viruses. Please note: although a virus-infected email may indicate that it is "from" and "to" one of the Website if you check the Email header, you will likely find that the Email in question did not originate from Hot At Home's mail server IP address, but rather, from another computer that is virus-infected.
Individual Profiles may be locked out without notice if the Profile:
* Contains art work, cartoons, altered or non-photographic images; * Violates any Term of Usage herein; * Contains any photo of an individual younger than eighteen (18) years of age; * Depicts a sexual act, regardless of what is having sex in the image; * Shows any legal or illegal use of drugs, displays of firearms or depicts violent acts to oneself, to (an)other person(s), or to (an) animal(s); * Contains any non-original photo scan, including photos indicating enhanced filter affect, alteration, modification, colorization, recropping or resizing of images; * Failure to continuously maintain a valid, functional Email address on a Profile; * Failure to maintain current basic Profile information, including town/city, state/province, country, and/or age; * Request to delete or remove a Profile from the Website; * Profile with an inoperable or blocked Email address; * Profile set inactive for more than six (6) months; or * Determination by Hot At Home, in its sole discretion, to void and remove the Profile.
We caution Participants who may Post URL links on the Website to other sites, to read all terms of usage documents pertaining to any linked website or Internet ISP. In addition, any link to any adult content sites is prohibited.
You may report a Profile that you feel needs further attention to the Content shown. To do so, send an email to support [at] hotathome.com with your comments as to why you feel the Profile should be reviewed by Hot At Home.
ACCURACY OF PROFILES
Hot At Home does not attest to the accuracy of any information contained within a Profile and the Participant understands that he or she is solely responsible for verifying all information contained within a Profile and assumes all risk associated with contacting Participants or other individuals depicted in a Profile. However, upon posting a Profile, Hot At Home will notify by email the person depicted in the Profile to inform him or her that a Profile has been created and request he or she verify that he or she intended to create the profile and invite him or her to review it for accuracy. This is not intended to be a voucher for or an endorsement of the person depicted in a Profile regarding his or her personality, financial status, motives, personal agenda or mental state.
PROFILE DISPUTES
Where any Profile data or Content is suggested by any party to be false or owned by another party, Hot At Home will attempt to resolve the dispute. Participants agree to provide additional information as may be reasonably requested by Hot At Home to assist with the resolution of any dispute. If Hot At Home cannot, in its sole discretion, resolve the dispute to its satisfaction, it will terminate the Participation of all parties involved in the dispute.
NO MODERATION; CARE IN GIVING INFORMATION
The Website and Services are not moderated. You agree that your Participation in the Website and the Services is of your free will and for your own personal entertainment. The Website and Services should not be used by emergency personnel for any communication. The Website and Services may not be used to post, promote, exchange or solicit any Prohibited Content (outlined in Rules Regarding Content posted above).
We strongly discourage individual Participants from giving out financial, personal or other information that would enable someone to locate your home, place of business or current location while using any of the Services. Disbursement of this kind of information while using Website and Services is solely at the Participant's own risk.
COMMERCIAL USE PROHIBITED
Hot At Home intends that the Website is for the personal use of individual Participants and the Website shall not be used by any entity or individual with respect to any commercial business or other commercial nature. Participants may not solicit, advertise, offer products or services or request financial support via any posting or Profile on the Website.
COPYRIGHT
All proprietary rights, including all trademarks, copyright, trade dress, patents and other intellectual property rights in the Website and Services are owned and retained by Hot At Home. You may not post, distribute, or reproduce in any way any copyrighted material, trademark, or other proprietary information without obtaining the prior written consent of Hot At Home. You may not upload, post to, or otherwise transmit any content that infringes upon any patent, trademark, trade secret, copyright or proprietary right of any party.
TRADEMARKS
The trademarks, service marks and logos used in the Website and in the Services, including without limitation "Hot At Home" (collectively, the "Trademarks") are trademarks or registered trademarks of Hot At Home. Any unauthorized use of the Trademarks is strictly prohibited. You may not display or use the Trademarks for any purpose without the written permission of the Trademark owner.
PARTICIPANT DISPUTES
Hot At Home reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Participants. Please be advised that you are solely responsible for your own interactions with other Participants and Hot At Home shall not be responsible in the event of any disputes between Participants.
TERM
You may Participate on the Website in compliance with this Agreement until terminated by you or by Hot At Home. If you wish to terminate your account you may do so at any time, with or without cause, by clicking the "Delete Account" button in the Account section of the Website, then clicking the "Yes" button in the subsequent page to verify that you wish to delete your account. Similarly, Hot At Home may terminate your account at any time, with or without cause; such termination to be effective upon sending you notice at the email address provided by you during the registration process, or such other email addresses as you may later provide to Hot At Home. In the event that Hot At Home terminates this Agreement due to a breach by you of its terms, you will not be eligible to receive any refund of your registration fees or other fees paid. Certain provisions of this Agreement will survive termination, including but not limited to the sections entitled, "Copyright," "Prohibited Content," "Privacy," "Disclaimers," "Limitation on Liability," and "Indemnity."
PRIVACY
Use of the Website and Services is also governed by the Privacy Policy.
DISCLAIMERS
Content. While NOT ALL PROFILE CONTENT, INCLUDING TEXT OR URL LINKS HAS BEEN REVIEWED BY HOT AT HOME, for compliance with this Agreement, we reserve the right to do so. Pursuant to this Agreement, however, HOT AT HOME WILL SCREEN ALL PHOTOS SUBMITTED EITHER PRIOR TO POSTING OR AS SOON THEREAFTER AS REASONABLY POSSIBLE. Regardless of whether Hot At Home has reviewed any particular Content, you understand that CONTENT PRESENTED ON THIS WEBSITE HAS NOT BEEN VERIFIED AS TRUE. Hot At Home shall not be responsible for any inaccurate or incorrect Content that is Posted to the Website or in connection with the Services, regardless of whether such Posting is the result of actions by the Participants or as a result of any of the technology associated with or utilized in the Website or in the Services. Hot At Home shall not be responsible for the conduct, online or offline, of any individual Participant or other user of the Website or of the Services.
Technical Problem and Downloads. In the event of any error, interruption, deletion, omission, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to or alteration of any Profile or communication, by email or otherwise, of any Participant, Hot At Home shall have no responsibility or liability. Hot At Home shall not be responsible for any problems a Participant may experience regarding any telephone network or line, online computer system, server or provider, ISP, the computer equipment or software used by a Participant, failure of email due to technical problems or traffic congestion on the Internet, the Website or at any website or combination thereof, including damage to a Participant's or to other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website and the Services.
Advertising. Hot At Home makes no claims, warranties or guarantees of any of the products or services offered by an advertisement on the Websites; purchases or services purchased from any Website advertiser are between the Website visitor and the advertising company. Comments contained in Profiles are solely the opinion of the individual Profile holder and do not represent the opinions of Hot At Home.
Participant Action. Any web link, URL, graphic or text that causes a Participant to leave the Website is beyond the control of Hot At Home and Hot At Home is not responsible for third-party website content. Hot At Home is not responsible for the conduct, whether online or offline, of any Participant of this or any of the Website. Hot At Home DOES NOT CONDUCT FELONY OR SEXUAL OFFENSE BACKGROUND CHECKS ON ITS PARTICIPANTS. Under no circumstance will Hot At Home be responsible for any loss or damage, including personal injury or death, resulting from the use of the Website or any interactions between Participants of the Website whether online or offline.
THE WEBSITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. HOT AT HOME EXPRESSLY DISCLAIMS ANY WARRANTY INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OR ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED THROUGH YOUR PARTICIPATION ON THE WEBSITE. FURTHER, HOT AT HOME DOES NOT WARRANT THAT THE SERVICES WILL SATISFY YOUR REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR OR THAT THEIR OPERATION WILL BE UNINTERRUPTED.
LIMITATION ON LIABILITY
HOT AT HOME WILL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF HOT AT HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOT AT HOME'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR REGISTRATION FEES IN THE PRIOR 12 MONTHS TO HOT AT HOME TO USE THE SERVICES ON THE WEBSITE. HOT AT HOME IS NOT RESPONSIBLE FOR LOST PROFIT OR REVENUE, LOSS OF USE, LOSS OF DATA, COSTS OF RECREATING LOST DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, PROGRAM, OR DATA, OR CLAIMS BY ANY THIRD PARTY.
JURISDICTIONAL ISSUES
The Website is controlled and operated by Hot At Home through its corporate headquarters within the Province of British Columbia and this Agreement will be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, as it is applied to agreements entered into and to be performed entirely within such Province. You agree that any legal action or proceeding between Hot At Home and you for any purpose concerning the Website or the parties' obligations hereunder must be brought exclusively in the Courts of British Columbia or a provincial court of competent jurisdiction sitting in the City of Vancouver, Province of British Columbia. Venue shall be in Vancouver, British Columbia.
INDEMNITY
Each time you enter the Website you agree to indemnify and hold Hot At Home, its subsidiaries, affiliates, officers, directors, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Participation in the Website and/or arising from a breach of these Terms of Use and/or any breach of your representations set forth herein. You further agree that your choice to communicate with or to meet in person with any individual based on information obtained from the Website is done so on your own behalf and that you hold harmless Hot At Home, its subsidiaries, affiliates, officers, agents and other partners and employees, from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to your actions.
INTERNATIONAL USE AND EXPORT CONTROLS
The Website will not be considered a solicitation for or offering of any product or Service to any person in any jurisdiction where such solicitation or offering would be illegal. Software from the Website is subject to the Canadian export controls. No software may be downloaded from the Website or otherwise exported or re-exported.
THIRD-PARTY SITES
Hot At Home makes no representations, warranties or endorsements with respect to any non-Hot At Home website which may be accessed from the Website. When you access a non-Hot At Home website, please understand that Hot At Home has no control over the content or information at that site. It is your responsibility to protect your system from such items as viruses, worms, Trojan horses and other destructive items.
MODIFICATION OF TERMS OF USE
Hot At Home may change this Agreement from time to time. If any such changes materially and adversely affect the use of your information, Hot At Home will generally refer to such changes on the Website for a period of time, although our failure to do so will not affect the applicability of such changes. Accordingly, Hot At Home recommends that you check back to review these policies from time to time, particularly if you have not visited the Website for some time. This Agreement is also subject to our Privacy Policy, which are incorporated herein by reference, and Hot At Home also recommends that you review those from time to time.
MISCELLANEOUS
No waiver of any breach of any provision of these terms of use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or other provisions. All waivers must be in writing. If any court of competent jurisdiction finds any part or provision of these terms of use or of this Agreement to be invalid or unenforceable, such findings will have no effect on any other part or provision of these terms of use or of this Agreement.
Any action against Hot At Home, its officers, directors, employees, agents, licensors, suppliers and any third party providers of information or services to the Website must be brought within six (6) months after the cause of action arises. Hot At Home is not responsible for delay or failure to perform due to causes beyond its reasonable control.
This Agreement constitutes the entire agreement between you and Hot At Home with respect to your use of Services and the Website. Please check this Agreement each time you log into use the Website, as Hot At Home reserves the right to make changes from time to time.
In the event that any suit or other legal proceeding is brought for the purpose of enforcing the Agreement or otherwise in connection with the Agreement, in addition to whatever other remedies the prevailing party in such suit or legal proceeding might by entitled, such prevailing party shall be entitled to reasonable attorneys' fees and expenses, including those incurred in preparation for any hearing, motion, or trial.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY HOT AT HOME.
This Agreement is deemed accepted upon your access to the Website and further affirmed by your Participation therein and contains the entire Agreement between you and Hot At Home regarding the use of the Website and the Services. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
