BY USING ANY WEBSITE, MOBILE APPLICATION, OR SERVICE OF CASA CHAPULINA, INC. (“CC”), YOU AGREE TO ABIDE BY THESE TERMS OF USE BETWEEN YOU AND CC, WHICH INCLUDE THE REFERENCED PRIVACY POLICY (“AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE ANY CC WEBSITE OR TO OBTAIN ANY CC SERVICE.

 

CC’s websites and mobile applications include www.casachapulina.org (collectively, the “Websites”; individually, a “Website”). CC provides numerous services, including those mentioned on the Websites (“Services”).

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CC reserves the right, in its discretion, to revise the terms of this Agreement and/or to change, suspend, discontinue, or modify any aspect of any Website. Such modifications may include, without limitation, changes to content, user priorities, and the discontinuation of functional aspects of any Website. Your continued use of any Website after the posting of revisions to the Terms of Use will constitute your acceptance to be bound by the express terms of such revisions.

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1. USER CERTIFICATION.

By using or attempting to use this Website, you certify to CC that you are at least 18 years of age or older and that you have the legal capacity to enter into this Agreement.

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2. CONTENT AND REGISTRATION.

2.1. Website Content. “Website Content” shall mean all areas and aspects of the Website and the Services, including, without limitation, text, data, photographs, graphics and/or videos or any information obtained through the Website (collectively referred to herein as “Information”), computers or networks, and any subscription or software, product, service, or information provided by CC.

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2.2. Vendor Content. CC has entered into contractual relationships with certain providers, sponsors, and advertisers of products or services (“Vendors”), under which CC may link to or display information, advertisements, discounts, products, goods, or services offered by Vendors (“Vendor Content”). CC does not guarantee the availability or accuracy of such Vendor Content or offers, nor does it endorse, guarantee, or warrant any Vendor product or service.

 

2.3. CC shall not be liable, directly or indirectly, for any loss or damage caused by your use of: (a) any external site linked to the Service, (b) Vendor Information, or (c) Vendor products or services. Statements made in the Service Area regarding CC’s products or services do not constitute an offer, but are merely solicitations of an offer.

 

2.4. Real Estate Agents. Upon request, CC may assign you a licensed real estate agent from CC’s network of licensed real estate agents.

 

2.5. CC Professional Partners. CC has an extensive list of professional partners (i.e., attorneys, inspectors, appraisers, etc.) for you to choose from and that CC will assign upon request.

 

2.6. Casa Chapulina Courses/Certificate. CC offers a series of real estate courses in which you may enroll. After completing the FIRST-TIME HOMEBUYER course, you will obtain a certificate that you may use through HUD-certified agencies. The certificate is non-transferable and may be used only by the person who completed the course.

The participant may choose to complete additional courses. However, only the FIRST-TIME HOMEBUYER course will qualify for HUD.

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2.7. Referral Credits. You will receive ten (10) credits for referring CC to new users who register and pay for a course on the Website. You can use a unique referral code provided by CC to earn credits. You may refer as many new users as you wish. There is no limit to the number of referral credits awarded. If CC determines that you are entering and/or registering incorrect, false, or unsolicited emails to obtain credits, you will be removed from the Website and will lose all credits previously earned.

 

2.8. Credit Expiration. Credits expire on the date twelve (12) months after the credits begin.

 

2.9. Credit Extensions. In the event of a special circumstance (death, illness, job loss, natural disaster, etc.), a request for a credit extension may be submitted. CC reserves the right to approve such extensions.

 

2.10. Registration. You may browse and view certain content on the Website without registering, but as a condition to using other aspects of the Website or accessing certain Services, you may be required to register and select a user ID and password. You agree to keep such registration information confidential, to be the sole user of such registration, and to use your registration solely to access the Website and obtain Services. CC reserves the right to monitor your use of the registration and to suspend it at any time in its sole discretion. If you believe your registration has been compromised, you must immediately change your registration information and notify us promptly.

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3. USE LIMITATIONS AND USER SUBMISSIONS.

3.1. Copyright Notice. All Website Content provided by CC, including, without limitation, all text, photographs, graphics, audio, software, designs or web page layouts, presentations in any format, and/or video, is copyrighted by CC or its affiliates or subsidiaries.

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No portion of the Content or other materials may be copied, published, reproduced, modified, performed, displayed, sold, transmitted, posted, broadcast, rewritten for broadcast or publication, or redistributed in any medium—whether now known or hereafter created—directly or indirectly. The foregoing prohibition includes, without limitation, “screen scraping” or “database scraping” to obtain user lists or other information. No portion of the Information or other materials may be stored on a computer or distributed through any network, except that you may download or print one copy of pages strictly for personal, non-commercial use; however, any printout of any page of the Website or any portion thereof must include CC’s copyright notice.

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CC and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of CC. All other product names, content, and company logos are trademarks of their respective owners. Neither these materials nor any part thereof may be stored on a computer except as reasonably necessary for personal, non-commercial use; however, any printout of any page of the Website or any portion thereof must include CC’s copyright notice, as applicable.

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3.2. Copyright Infringement Notice. CC respects others’ copyrights. CC reserves the right, but not the obligation, to terminate your license to use the Services if it determines, in its sole and absolute discretion, that you are engaged in infringing activity, including alleged first-time or repeat infringement, whether or not the material or activity is ultimately determined to be infringing. CC has implemented procedures to receive written notices of alleged infringements. If you believe your copyrighted work has been reproduced on the Website in a manner that constitutes copyright infringement, you may notify our designated copyright agent, Jeffrey Wooten, Esq., 317 George Street, Suite 320, New Brunswick, NJ 08901, or by email at: jeff@wootenentlaw.com

 

3.3. Restricted Use. You agree to use the Service Area and the Information for lawful purposes only. You agree not to post or transmit any information through the Service Area that: (a) infringes any patent, trademark, or copyright of others or violates their rights of privacy or publicity; (b) is illegal, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise objectionable; or (c) is protected by patent, copyright, trademark, or other proprietary rights without the express permission of the owner of such right. You will be solely liable for damages resulting from any patent, copyright, trademark, or other proprietary-rights infringement, or any other damage resulting from your use of the Service.

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3.4. Your Message Submissions. You hereby grant CC a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and use for any purpose all messages or other materials posted by you in the Service or any email sent by you to CC (in whole or in part), and to incorporate such messages or other materials or emails in any form, in other media or technology whether now known or hereafter developed.

 

3.5. Public Messages. You understand and acknowledge that all information, data, files, software, music, sound, photographs, graphics, videos, messages, or other materials posted by any person or entity other than CC (“Third-Party Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Third-Party Content originated. You assume full responsibility for all Third-Party Content that you upload, post, email, or otherwise transmit through the Service. CC assumes no responsibility for such Third-Party Content. You agree not to use the Service to:

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1. upload, post, email, or otherwise transmit any Third-Party Content that is illegal, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
    

2. harm minors in any way;
    

3. impersonate any person or entity, including, without limitation, a CC officer or representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;
    

4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    

5. upload, post, email, or otherwise transmit any Third-Party Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    

6. upload, post, email, or otherwise transmit any Third-Party Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    

7. upload, post, email, or otherwise transmit unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    

8. upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or network;
    

9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
    

10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirement, procedure, policy, or regulation of networks connected to the Service;
     

11. intentionally or unintentionally violate any applicable local, state, national, or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or NASDAQ, and any rules having the force of law;
     

12. “stalk” or otherwise harass another person; or
     

13. collect or store personal data about other users.
     

You acknowledge that CC does not pre-screen Third-Party Content, but that CC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse or move any Third-Party Content that is available via the Service. Without limiting the foregoing, CC and its designees shall have the right to remove any Third-Party Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Third-Party Content, including any reliance on the accuracy, completeness, or usefulness of such Third-Party Content.

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You acknowledge and agree that CC may preserve Third-Party Content and may also disclose Third-Party Content if required to do so by law or if it believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Third-Party Content violates the rights of other third parties; or (d) protect the rights, property, or personal safety of CC, its users, or the public.

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3.6. Linking. Without CC’s prior written consent, you may not use any of CC’s distinctive logos, marks, or other graphics, videos, or audio materials in your links. You may not link to the Website or any of its pages or engage in the practice of “deep linking” in any manner that could reasonably: (a) imply CC’s affiliation, endorsement, or sponsorship; (b) cause confusion, mistake, or deception; (c) dilute CC’s trademarks or service marks; (d) otherwise violate state or federal law; or (e) constitute disparagement of or improper disclosure regarding CC or any of its respective affiliates, or their respective officers, directors, agents, franchisees, or suppliers. You may not frame or otherwise incorporate any Information or other materials from this Website into another website without CC’s prior written consent.

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4. ACCESS AND SERVICE DELAYS.

CC, its affiliates, subsidiaries, and suppliers shall have no responsibility to provide you with access to the Website. Further, CC, its affiliates, subsidiaries, and suppliers shall not be liable to you for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions, or interruptions of the Service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnection problems, defects, weather, strikes, walkouts, fires, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or other similar causes.

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5. MONITORING BY CC.

You acknowledge that CC reserves the right to monitor, and may from time to time monitor, for all lawful purposes, all Third-Party Content transmitted or received through the Service. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. All Third-Party Content, including personal information, placed or sent through the Service may be monitored. Use of the Service, whether authorized or unauthorized, constitutes consent to such monitoring and to the other terms of this Agreement.

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6. DISCLAIMERS, WARRANTIES, AND LIMITATION OF LIABILITY.

6.1. General Disclaimer and Limited Warranty. You acknowledge that certain aspects of the Information and/or Vendor Information and the links provided through the Website are compiled from sources that may be beyond CC’s control. Although the parties acknowledge that such information and links are generally reliable, the parties acknowledge that inaccuracies may occur. CC, its licensors, and its suppliers do not guarantee the accuracy or suitability of such information. Neither CC nor its licensors or suppliers represent or endorse the accuracy or reliability of the Information distributed through the Service.

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FOR THIS REASON, YOU ACKNOWLEDGE THAT THE WEBSITE IS PROVIDED TO YOU “AS IS, WITH ALL FAULTS.” CC AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR COURSE OF PERFORMANCE. FURTHER, CC AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR IS SUITABLE FOR YOUR NEEDS OR WILL ACHIEVE ANY DESIRED RESULT.

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6.2. You assume all risks of errors and/or omissions on the Website, including the transmission or translation of data. You assume full responsibility for implementing sufficient procedures and controls to satisfy your requirements for accuracy and suitability of the Website, including the Information, and for maintaining any means you may need for the reconstruction of lost data or for the subsequent manipulation or analysis of the Information provided under this Agreement.

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6.3. VIRUSES. YOU ACKNOWLEDGE AND AGREE THAT CC USES REASONABLE EFFORTS TO ENSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE OR PASS THROUGH THE WEBSITE OR THE INFORMATION. HOWEVER, YOU ASSUME FULL RESPONSIBILITY (AND THEREFORE HOLD CC HARMLESS), BY ANY MEANS YOU DEEM MOST SUITABLE TO YOUR NEEDS, TO DETECT AND ERADICATE ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION.

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6.4. LIMITATION OF LIABILITY. YOU AGREE THAT CC AND ITS AFFILIATES, SUBSIDIARIES, AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE FOR ANY PURPOSE. IF THE FOREGOING LIMITATIONS OF LIABILITY FAIL OF THEIR ESSENTIAL PURPOSE FOR ANY REASON, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO TEN (10%) PERCENT OF THE SUMS PAID TO CC BY YOU UNDER THE TERMS OF THIS AGREEMENT OR $100.00, WHICHEVER IS GREATER, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, EVEN IF CC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIABILITY, IF ANY, SHALL BE COMPLETE AND EXCLUSIVE. THE PROVISIONS CONTAINED IN THIS SECTION 6 SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

6.5. FTC NOTICE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

 

7. INDEMNIFICATION.

YOU WILL RELEASE, WAIVE, DEFEND, INDEMNIFY, AND HOLD HARMLESS CC AND ITS AFFILIATES, SUBSIDIARIES, AND SUPPLIERS, AND EACH OF THEIR MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, AND CONTRACTORS OF ANY TIER (THE “INDEMNITEES”) FROM AND AGAINST ALL LOSSES, CLAIMS, DEMANDS, AND CAUSES OF ACTION OF ANY KIND OR CHARACTER, INCLUDING, WITHOUT LIMITATION, COSTS, ATTORNEYS’ FEES, AND EXPENSES INCURRED IN CONNECTION WITH ANY CLAIM BROUGHT BY ANY PERSON OR ENTITY, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING YOUR USE OF INFORMATION OBTAINED THROUGH THE WEBSITE. THE OBLIGATIONS TO RELEASE, DEFEND, AND INDEMNIFY CONTAINED IN THIS SECTION SHALL APPLY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, GROSS, OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, CONTRACTUAL LIABILITIES OF THIRD PARTIES, OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE INDEMNITEES, JOINTLY OR SEVERALLY. YOU SHALL COOPERATE AS REASONABLY NECESSARY IN THE DEFENSE OF SUCH CLAIM.

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8. PRIVACY POLICIES.

These Terms of Use include our Privacy Policy contained on our Website, which is incorporated herein in full.

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9. UNSOLICITED MARKETING.

9.1. Unsolicited Marketing. CC supports responsible e-commerce. CC does not authorize anyone to use the Service to disseminate, distribute, transmit, or retransmit unsolicited commercial or non-commercial, bulk, or junk email, including email (“SPAM”).

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9.2. Electronic Direct Marketing Programs.
CC may develop and participate in electronic direct marketing to Website users who choose to receive email of specific interest to them. In accordance with this Agreement, CC does not transmit names and addresses (electronic or otherwise) to third parties. Advertisers participating in CC’s electronic direct marketing programs identify the category of users who would likely be interested in their products and services. CC then forwards advertisements to users who have opted to receive that category of email. Users may opt out of receiving similar email by requesting that their email address be removed from the mailing list by selecting the appropriate option included with each email advertisement sent by CC. In addition, users may opt to be removed from such lists at any time by sending a message to the System Administrator at hola@casachapulina.org

 

9.3. Reporting SPAM. Users who receive SPAM or any threatening or offensive email through the Services may report it to CC by forwarding the unedited message with full message header to hola@casachapulina.org

 

9.4. Reservation of Rights. CC reserves the right to take any legal or technical measures it deems necessary to prevent the transmission, distribution, sending, or retransmission through the Service of SPAM, unsolicited email, threatening or offensive email, or any email otherwise determined by CC, in its sole discretion, to be objectionable. CC reserves the right to suspend or terminate any person’s or entity’s use of or access to the Service if it determines, in its sole and absolute discretion, that such person has used or intends to use the Service in violation of this policy. CC’s failure to exercise any right provided herein shall not be deemed a waiver of such right.

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10. MISCELLANEOUS.

10.1. Governing Law; Limitations; Venue.
The laws of the State of New Jersey, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, will govern this Agreement. To the extent permitted by applicable law, any claim or cause of action arising out of or related to your access to and use of the Service as contemplated in this Agreement must be commenced within two (2) years from the date such claim or cause of action arose. In addition, any claim or cause of action shall be brought EXCLUSIVELY in the state or federal courts located in Essex County, New Jersey, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of Essex County, New Jersey, are an inconvenient forum.

 

10.2. Assignments. You may not assign any of your rights, obligations, privileges, or performance hereunder without CC’s prior written consent. Any assignment other than as provided in this Section 10.2 shall be null and void.

 

10.3. Severability. If any provision of this Agreement is determined to be illegal or unenforceable in any respect, the court shall reform such provision to be enforceable (or, if it is not possible to reform such provision to be enforceable, then it shall delete such provision); and, as reformed or modified, fully enforce this Agreement.

 

10.4. Connectivity Charges. You understand that your access to the Website and use of the Services may incur third-party connectivity charges. You understand that you are responsible for any charges your use incurs, including by your mobile phone or Internet service provider, including charges related to text messaging and data rates.

 

10.5. Termination. CC may terminate or suspend your use of the Website for any reason. Termination or cancellation of your use of the Website shall not affect any right or remedy to which CC may be entitled at law or in equity. Upon termination of this Agreement, all rights granted to you shall terminate and revert to CC.

 

10.6. Notice. Official correspondence must be sent by postal mail to: Casa Chapulina, Inc. 651 N. Broad St., Suite 201, Middletown, DE 19709.

 

10.7. Notice Regarding Electronic Commercial Service for California Users.
Pursuant to California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

 

10.8. Entire Agreement. This Agreement is complete and becomes effective at the time you begin using the Service. This Agreement constitutes the entire agreement between the parties, and there is no other agreement, written or oral, between you and CC. In the event of any inconsistency between this Agreement and any terms or understandings posted in the future, the most recent Agreement or posted terms of use shall prevail.

 

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ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY CASA CHAPULINA, INC.