| Terms & Conditions |
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Welcome to Hatch My House. If you continue to browse and use the ‘Services’ provided on this website – as defined as Hatch My House’s products, software, website and blog - you are agreeing to comply with and be bound by the following disclaimers, terms and conditions of use (as defined as ‘Terms and Conditions’), which together with our ‘Privacy Policy’ govern Hatch My House’s relationship with you in relation to this website: www.hatchmyhouse.com. The term 'Hatch My House' or ‘HMH’ or 'Us' or 'We' refers to the owner of Hatch Registry Group LLC and the website www.hatchmyhouse.com. Hatch Registry Group LLC has a legal business name of Hatch My House. Hatch Registry Group LLC DBA Hatch My House was organized in January of 2009 and has a registered office at 3301 Broderick Street, Unit 104, San Francisco, CA 94123. The term 'You' or ‘User’ refers generally to the viewer or ‘User’ of www.hatchmyhouse.com. This term may or may not include parties defined as ‘Donor’ and ‘Recipient’. The term ‘Donor’ refers to ‘You’ who views, accesses and makes a gift on Hatch My House. The term ‘Recipient’ refers to ‘You’ who views, accesses and creates an account on Hatch My House. All types of ‘Users’, including ‘You’, ‘Donor’ and ‘Recipient’, who view, accesses, uses or registers to use the ‘Services’ provided by Hatch My House, acknowledge and agree to the ‘Terms and Conditions’. These ‘Terms and Conditions’ are subject to change at any time without prior notice. Such revised ‘Terms and Conditions’ will take effect only when they are posted to the site. If you have questions or are not clear about any part of these ‘Terms and Conditions’, please call or email us your concerns or questions prior to using www.hatchmyhouse.com. Copyright/Use of MaterialsYou acknowledge and agree that Hatch My House owns all legal right, title and interest in and to the ‘Services’ as well as all ‘Content’ created by Hatch My House. ‘Content’ is defined as any information, data, text, messages, emails, articles, software, methods or processes, photos, video, graphics, music, sounds and any other material or ‘Services’ that is created or provided by Hatch My House, excluding ‘User Content’ (as defined below). By accepting this agreement, you agree that all ‘Content’ is protected by all U.S. and international copyright laws that protect the compilation of the ‘Content’ and its ‘Content’ supplies. You may not modify, publish, retransmit, participate in the transfer or sale of, copy, create derivative works of, distribute, perform or display any of the ‘Content’ in any way.Trademarks‘Trademarks’, including logos, domain names, service marks and other distinctive brand features created by Hatch My House and displayed on www.hatchmyhouse.com are the unregistered ‘Trademarks’ of Hatch My House. Unless you have agreed otherwise in writing with Hatch My House, nothing in the ‘Terms and Conditions’ gives you a right to use any of Hatch My House’s ‘Trademarks’. This includes such information stored on third-party websites such as webmail service providers and social networking sites, such as Facebook, Twitter, MySpace, Ning and LinkedIn.Unauthorized use of ‘Content’, excluding ‘User Content’ and ‘Trademarks’, may give rise to a claim for damages and/or be a criminal offence. Exclusion of WarrantiesYou acknowledge and agree that Hatch My House does not provide any warranty or guarantee as to the completeness, accuracy, performance, reliability, suitability or availability of the ‘Content’, information and materials found or offered on this website for any particular purpose. This includes and applies to ‘User Content’ found on Hatch My House. ‘User Content’ refers to any and all copy created and submitted to Hatch My House by the ‘User’, ‘Donor’ or ‘Recipient’. This disclosure also applies to any and all links to other websites and affiliated companies. These links are provided for your convenience, to provide further information. They do not signify that we endorse the website(s). We have no responsibility and no control for the content, nature of or availability of the linked website(s). Therefore, you acknowledge and agree that such information and materials, including ‘Content’, ‘User Content’ and links to other websites may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.You also acknowledge and agree that Hatch My House may, at times, suggest a particular way of acting. This advice, whether written or oral, obtained by you from HMH through or from the ‘Services’ shall in no way create any warranty not expressly stated in the terms. Furthermore, you acknowledge and agree that Hatch My House disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. You expressly agree and understand that your use of the ‘Services’ is at your sole risk, for which we shall not be liable, and that the ‘Services’ are provided ‘As Is’ and ‘As Available’. It shall be your own responsibility to ensure that any products, ‘Services’ or information available through this website meet your specific requirements. Limitation of LiabilityYou acknowledge and expressly agree and understand that Hatch My House shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however cause and under any theory of liability. This shall include, but is not be limited to, any loss of profit or gift funds (whether incurred directly or indirectly), any loss of goodwill, any loss of data suffered or other intangible loss; any loss or damage which may be incurred by you, including but not limited to any change which HMH makes to the ‘Services’, or for any permanent or temporary cessation in the provision of the ‘Services’, the deletion of, corruption of, or failure to store any ‘Content’ and other communications data maintained or transmitted by or through your use of the ‘Services’; your failure to provide HMH with accurate account information (such as PayPal email address); your failure to keep your password or account details secure and confidential; or your failure to validate your PayPal email address or bank account on PayPal.com. Furthermore, the limitations on Hatch My House’s liability to you shall apply whether or not HMH has been advised or should have been aware of the possibility of such losses arising.Refund PolicyYou also acknowledge and agree that ‘Recipients’ who sign-up for a Hatch My House account are not permitted a refund if requested. Because signing up for an account requires administrative processing, payment processing and use of server space, we cannot permit a refund for the sign up fee. ‘Recipients’ can cancel their account at any time, but no refunds for the $24.95 sign-up fee will be granted.Gift UsageHatch My House holds no responsibility for usage of the gift funds after they (the funds) have been distributed to the ‘Recipient’. Once the gift funds have been received by the ‘Recipient’ through their PayPal account, it is in the ‘Recipients’ control to use as he/she/they intend. Hatch My House will recommend certain long-term savings accounts, CDs and other types of home savings programs, but cannot hold the ‘Recipients’ accountable for how they choose to use their gift funds.Management of FundsYou acknowledge and agree that PayPal.com manages all funds that are received via www.hatchmyhouse.com. You also acknowledge and agree that if the 'Recipient' chooses to use the 'Services' provided by HMH, he/she/they agree to sign up for a free PayPal.com account (agreeing to their Terms) and submit the email address linked to their PayPal account to HMH via Step 4 on their dashboard. 'Recipients' agree and understand that he/she/they must sign up for a PayPal account and submit their email address through their dashboard before he/she/they can start collecting donations towards their house fund. The 'Recipient' also acknowledges that he/she/they must follow processes as described via PayPal to receive a deposit of gift funds to their bank account or other form of payment of their gift funds.In order to reduce the risk for fraudulent activity, you also acknowledge and agree that Hatch My House has set a limit of $2000 per gift. This limit may not be altered in any way at any time. FeesYou acknowledge and agree to the sign up fees associated with Hatch My House. ‘Recipients’ who use the ‘Services’ provided by Hatch My House are required to pay a $24.95 sign-up fee. This fee is used to cover administrative costs associated with your account: server space, e-card email service, graphic design enhancements and business development.'Recipients' and 'Donors' also acknowledge that PayPal charges a transaction fee of 2.9% + $0.30 for each donation. HMH gives 'Donors' the option to pay all or some percentage of this fee for 'Recipients', if they choose, by charging a transaction fee of 3% of the gift amount + $0.30. If 'Donors' opt in to pay the PayPal transaction fee for 'Recipients' they acknowledge and agree to pay 3% of the total git amount plus $0.30. 'Recipients' understand that they may not or may not receive the total gift amount (excluding transaction fee) donated by a 'Donor'. 'Donors' may opt not to pay the additional transaction fee, which means that the 'Recipients' will receive the gift amount minus PayPal-imposed transaction fees. Both 'Donors' and 'Recipients' also acknowledge and agree that PayPal may change their policies at any time and, while HMH strives to change the 'Terms and Conditions' accordingly, HMH is not responsible for any additional loss incurred by 'Recipients' due to a change in PayPal donation transaction fees. ‘User’ RequirementsYou acknowledge and agree that all ‘Users’ must be 18 years or older and that all ‘Recipients’ must have a PayPal account and submit the email address linked to his/her/their PayPal account to HMH. Every 'user' acknowledges and agrees that he/she is the person they state themselves to be as using the 'Services' provided by Hatch My House.You also acknowledge and agree that because HMH requires that all 'Users' are the person they state themselves to be, HMH is not liable, under any circumstances, for donations that are not delivered to the intended person. Because HMH also requires that all 'Recipients' submit the email address linked to his/her/their PayPal account to HMH, you also acknowledge and agree that HMH is not liable, under any circumstances, for donations that are not delivered properly. In order for the 'Services' to work properly, 'Recipients' must submit the email address linked to his/her/their PayPal account in Step 4 of their HMH dashboard. TaxationYou acknowledge and agree that Hatch My House makes no claims or promises regarding any and all tax obligations or consequences that may result from your activities as a ‘User’ of www.hatchmyhouse.com. You also acknowledge and agree that HMH has no obligation to maintain records or provide you with documentation for your transactions with charitable/nonprofit organizations for tax reporting purposes.Software, Website & Blog UpdatesYou acknowledge and agree that, at times, we will need to upgrade certain software used on www.hatchmyhouse.com. The updates are designed to improve, enhance and further develop the ‘Services’ and may take the form of adding new graphics, enhanced functions, bug fixes, new software modules and completely new versions. You agree to receive such updates (and permit Hatch My House to deliver these to you) as part of your use of the 'Services'.You also acknowledge and agree to receive not only software and website updates, but emails and phone calls to keep you fully informed of all the 'Services' provided by Hatch My House. This includes weekly blog emails and customer development phone calls to the number you provide. You agree to receive such updates and information (and permit Hatch My House to deliver these to you) as part of your use of the 'Services'.
Accuracy of Personal InformationYou acknowledge and agree that Hatch My House will collect personal information necessary to respond to your request for ‘Services’. Personal information includes, but is not limited to: name, physical address, email address, PayPal email address, phone number and any other information that itself identifies, or when tied to the above information, may identify you as a specific individual. Because this information is vital to the accuracy of the ‘Services’ we provide, you acknowledge and agree to be responsible for providing HMH with the most accurate and up-to-date information regarding your account. If the information provided to HMH is not up-to-date or accurate, you will be charged a per-occurance fee of $15.00. If this fee is not paid, HMH reserves the right to temporarily or permanently disable and close your account.PrivacyFor information about Hatch My House’s data protections practices, please read Hatch My House’s Privacy Policy. This policy explains how Hatch My House treats your personal information, including your credit card information. Please note that while Hatch My House does not store your personal or credit card information on its servers, it does use a ‘Third-Party Service Provider’ – as defined below - who stores this data in an encrypted form. We chose this ‘Third-Party Service Provider’ because we believe they provide the best service for our needs, but under no circumstances, is Hatch My House liable for any loss of personal data. You acknowledge and agree to use Hatch My House based on the information found in the Privacy Policy at your own risk.Third-Party Service ProviderYou also agree and acknowledge that Hatch My House uses a ‘Third Party Service Provider’ to initiate, facilitate and process credit card entries for payment of the $24.95 sign up fee.Closing of AccountsIn order to continually create the best product for our ‘Users’, you acknowledge and agree that Hatch My House may stop (temporarily or permanently) providing the ‘Services’ to you or to ‘Users’ at HMH’s full discretion, without prior notice to you. You also acknowledge that you may stop using the ‘Services’ at any time, by submitting a request in writing via email. |
