Terms of Use

Agreement Between You and The Homestead Harmonizers
The Homestead Harmonizers Internet web site is made up of various web pages, content and services (collectively "web site") operated and provided by The Homestead Harmonizers, its members, and other third parties. This Terms of Use applies to The Homestead Harmonizers web site and does not apply to the web site of third parties. The Homestead Harmonizers web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Homestead Harmonizers web site constitutes your agreement to all such terms, conditions and notices.

Privacy and Protection of Information
See the Privacy Policy for disclosures relating to the collection and use of your personal information.

Modifications of these Terms of Use
The Homestead Harmonizers reserves the right to change the terms, conditions, and notices under which The Homestead Harmonizers web site is offered, including but not limited to the charges associated with the use of The Homestead Harmonizers web site. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the site. Your continued use of The Homestead Harmonizers web site constitutes your agreement to all such terms, conditions, and notices.

Links to Third Party Sites
The Homestead Harmonizers web site may contain links to third party web sites, herein referred to as "linked sites". The linked sites are not under the control of The Homestead Harmonizers and The Homestead Harmonizers are not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The Homestead Harmonizers are not responsible for webcasting or any other form of transmission received from any linked site nor is responsible if the linked site is not working appropriately. The Homestead Harmonizers are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Homestead Harmonizers of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the linked sites. Any dealings with third parties (including advertisers) included within The Homestead Harmonizers web site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. The Homestead Harmonizers shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use
As a condition of your use of The Homestead Harmonizers web site, you will not use The Homestead Harmonizers web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Homestead Harmonizers web site in any manner that could damage, disable, overburden, or impair any of The Homestead Harmonizers web site or interfere with any other party's use and enjoyment of any of The Homestead Harmonizers web site. You may not attempt to gain unauthorized access to any part of The Homestead Harmonizers web site, other accounts, computer systems or networks connected to any of The Homestead Harmonizers web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through The Homestead Harmonizers web site.

You may not represent yourself as an agent, associate or representative of The Homestead Harmonizers web site to any party, internal or external, without prior written consent by an active and empowered officer of The Homestead Harmonizers. This includes, but is not limited to, for the purpose of reselling or distributing the web site or any part of its content to others.

Use of Services
The Homestead Harmonizers web site may contain e-mail services, chat areas, forums, personal web pages, calendars, file storage and/or other message or communication facilities designed to enable you to communicate with other members, herein collectively referred to as "Communication Services". You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Use the communication service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a real-life race, religion or nation, or that insults the victims of crimes against humanity by contesting the existince of those crimes.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through The Homestead Harmonizers web site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communcation Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of The Homestead Harmonizers web site or other user or usage information or any portion thereof.
  • The Homestead Harmonizers has no obligation to monitor the Communication Services. However, The Homestead Harmonizers reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.
  • The Homestead Harmonizers reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason (and without providing a reason) whatsoever.
  • The Homestead Harmonizers reserves the right at all times to disclose any information as The Homestead Harmonizers deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Homestead Harmonizers' sole discretion.

Non-Competition
You agree that by using The Homestead Harmonizers web site, you are not compiling a list of functionality to duplicate on a competing site or project.

Liability Disclaimer
The Homestead Harmonizers MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN The Homestead Harmonizers web site FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. The Homestead Harmonizers HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT The Homestead Harmonizers SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH The Homestead Harmonizers web site. YOU SPECIFICALLY AGREE THAT The Homestead Harmonizers ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT The Homestead Harmonizers ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN The Homestead Harmonizers web site BY ANY THIRD PARTY. IN NO EVENT SHALL The Homestead Harmonizers BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Homestead Harmonizers SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE The Homestead Harmonizers SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH The Homestead Harmonizers SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF The Homestead Harmonizers SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Homestead Harmonizers HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Homestead Harmonizers SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Homestead Harmonizers SITES/SERVICES.

Storage Space and Other Limitations
You agree that The Homestead Harmonizers may establish limits concerning the use of any of The Homestead Harmonizers services offered on The Homestead Harmonizers site, including without limitation the maximum number of days that forums messages will be retained by any of The Homestead Harmonizers services, the maximum number of forum threads that may be active for any given forum, the maximum number, durability, or size of any information stored for a given period of time. You agree that The Homestead Harmonizers has no responsibility for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any of The Homestead Harmonizers services. You acknowledge that The Homestead Harmonizers reserves the right to log off, disable or delete accounts that are inactive for an extended period of time. The Homestead Harmonizers MAKES NO WARRANTY THAT ANY OF The Homestead Harmonizers SERVICES WILL BE UNINTERRUPTED, DELIVERED IN A TIMELY MANNER, SECURED OR ERROR-FREE.

Termination/Access Restriction
The Homestead Harmonizers reserves the right, in its sole discretion, to terminate your access to any or all of The Homestead Harmonizers web site and the related services or any portion thereof at any time, without notice. The Homestead Harmonizers may also terminate or suspend your access to The Homestead Harmonizers web site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by The Homestead Harmonizers. The amount of time that The Homestead Harmonizers currently considers as an "extended" period of time may be determined by writing support@HomesteadHarmonizers.com and requesting that information. Upon termination of The Homestead Harmonizers web site, your right to use The Homestead Harmonizers web site immediately ceases. The Homestead Harmonizers shall have no obligation to maintain any content or to forward any unread or unsent messages to your or any third party.

General
This agreement is governed by the laws of the State of Nebraska, USA. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Gage County, Nebraska, USA in all disputes arising out of or relating to the use of The Homestead Harmonizers web site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Homestead Harmonizers as a result of this agreement or use of The Homestead Harmonizers web site. You agree to indemnify and hold The Homestead Harmonizers, its parents, subsidiaries, affiliates, officers, employees and members, harmless from any claim, demand, or damage, including reasonable attorney's fees, asserted by any third party due to or arising out of your use of or conduct on The Homestead Harmonizers web site. The Homestead Harmonizers reserves the right to disclose any personal information about your or your use of The Homestead Harmonizers web site, including its contents, without your prior permission if The Homestead Harmonizers has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of The Homestead Harmonizers; (3) enforce the terms of use; or (4) act to protect the interests of its members or others. The Homestead Harmonizers' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Homestead Harmonizers' right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Homestead Harmonizers web site or information provided to or gathered by The Homestead Harmonizers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Homestead Harmonizers with respect to The Homestead Harmonizers web site and it supersedes all prior or contemporaneous communcations and proposals, whether electronic, oral or written, between the user and The Homestead Harmonizers with respect to The Homestead Harmonizers web site. A printed versino of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.

Subscriptions
Some contents and/or services on The Homestead Harmonizers web site may be offered to you conditioned on your purchase or registration for a subscription. If you elect to purchase or register for subscription-based content or services, you warrant that all information that you submit to The Homestead Harmonizers, its members, and other third parties, is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee or registration based content or services by contacting support@homesteadharmonizers.com or submitting a written cancellation request to an active and empowered officer of THe Homestead Harmonizers. If you have purchased an automatically renewing subscription, you will not be charged the subscription fees after confirming your cancellation request. No refunds of unused balances, prorated charges, or previously paid subscription costs will be made. No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges may be placed on your account based on unauthorized use.