TERMS AND CONDITIONS OF USE
Welcome to the official WRCOG HERO Program (“Program”) website (“Site”). Renovate America, Inc. hosts
and operates this Site, for and on behalf of the Western Riverside Council of Governments (“WRCOG”).
WRCOG and Renovate America, Inc. are collectively referred to herein as the “Company.” If you continue
to browse and use this Site, you are agreeing to comply with and be bound by the following terms and
conditions of use (“Terms of Use”) established by the Company, which together with our Privacy Policy
(wrcog.herofinancing.com/PrivacyPolicy.aspx),
govern the Program's relationship with you in relation to this Site. If you apply for financing through
this Site, you hereby acknowledge that you have read, understand and agree to be bound by these Terms of
Use, regardless of whether you are a User of the Service offered by the Company (the “Service”). If you
disagree with any part of these terms and conditions, you must immediately terminate use of this Site. In
addition to these Terms of Use, you may enter into other agreements with us or others that will govern your
use of the Service or related services offered by us or others. If there is any contradiction between these
Terms of Use and another agreement you enter into applicable to specific aspects of the Service, the other
agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As
used herein, "Users" means anyone who accesses and/or uses the Site.
Changes to these Terms of Use
We may make changes to these Terms of Use from time to time. If we do this, we will
post the changed Terms of Use on the Site and will indicate at the top of this page
the date the Terms of Use were last revised. You understand and agree that your
continued use of the Service or the Site after we have made any such changes constitutes
your unconditional acceptance of the new Terms of Use.
Eligibility
This Site is intended solely for Users who are eighteen (18) years of age or older,
and any registration by, use of or access to the Site by anyone under 18 is unauthorized,
unlicensed and in violation of these Terms of Use. By using the Service or the Site,
you represent and warrant that you are 18 or older and that you agree to and to
abide by all of the terms and conditions of these Terms of Use. If you violate any
of these Terms of Use, or otherwise violate an agreement between you and us, the
Company may delete your profile and any content or information that you have posted
on the Site and/or prohibit you from using or accessing the Service or the Site
(or any portion, aspect or feature of the Service or the Site), at any time in its
sole discretion, with or without notice, including without limitation if it believes
that you are under 18.
Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current
and complete information about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the security of your password and
identification; (c) maintain and promptly update the Registration Data, and any
other information you provide to the Company, to keep it accurate, current and complete;
and (d) be fully responsible for all use of your account and for any actions that
take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site, including but not limited to designs, text, graphics, pictures,
video, information, software, music, sound and other files, and their selection
and arrangement (the "Site Content"), are the proprietary property of the Company
with all rights reserved. No Site Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part, without the Company's prior
written permission, except as provided in the following sentence and except that
the foregoing does not apply to your own User Content (as defined below) that you
legally post on the Site. Provided that you are eligible for use of the Site, you
are granted a limited license to access and use the Site and to download or print
a copy of any portion of the Site Content solely for your personal use, provided
that you keep all copyright or other proprietary notices intact.
Except for your own User Content (as defined below), you may not republish Site
Content on any Internet, Intranet or Extranet site or incorporate the information
in any other database or compilation, and any other use of the Site Content is strictly
prohibited. Such license is subject to these Terms of Use and does not include use
of any data mining, robots or similar data gathering or extraction methods. Any
use of the Site or the Site Content other than as specifically authorized herein,
without the prior written permission of the Company, is strictly prohibited and
will terminate the license granted herein. Such unauthorized use may also violate
applicable laws including without limitation copyright and trademark laws and applicable
communications regulations and statutes. Unless explicitly stated herein, nothing
in these Terms of Use shall be construed as conferring any license to intellectual
property rights, whether by estoppel, implication or otherwise. This license is
revocable by us at any time without notice and with or without cause.
Trademarks
The Company graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, or
trade dress of the Company in the U.S. and/or other countries. The Company's trademarks
and trade dress may not be used, including as part of trademarks and/or as part
of domain names, in connection with any product or service in any manner that is
likely to cause confusion and may not be copied, imitated, or used, in whole or
in part, without the prior written permission of the Company. Other product and company or
organization names mentioned on this Site may be trademarks of their respective owners.
User Representations
You represent, warrant and agree that no materials of any kind submitted through
your account or otherwise posted or shared by you through the Service will violate
or infringe upon the rights of any third party, including copyright, trademark,
privacy, publicity or other personal or proprietary rights; or contain libelous,
defamatory or otherwise unlawful material. You further agree not to harvest or collect
email addresses or other contact information of Users from the Service or the Site
by electronic or other means for the purposes of sending unsolicited emails or other
unsolicited communications. Additionally, you agree not to use automated scripts
to collect information from the Service or the Site or for any other purpose. You
further agree that you may not use the Service or the Site in any unlawful manner
or in any other manner that could damage, disable, overburden or impair the Site.
In addition, you agree not to use the Service or the Site to:
- upload, post, transmit, share, store or otherwise make available any content that
we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable;
- register for more than one User account, register for a User account on behalf of
an individual other than yourself;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the
Site any private information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and credit card
numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally
identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available 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;
- intimidate or harass another user;
- upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in
the sole judgment of the Company, is objectionable or which restricts or inhibits
any other person from using or enjoying the Site, or which may expose the Company
or its Users to any harm or liability of any type.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text, information,
music, video, contact information for you or others, advertisements or other content
that you upload, publish, provide or display (hereinafter, "post") on or through
the Service or the Site, or transmit to or share with other Users (collectively
the "User Content"). You understand and agree that the Company may, but is not obligated
to, review and delete or remove (without notice) any User Content in its sole discretion,
including without limitation, User Content that in the sole judgment of the Company
violates these Terms of Use, might be offensive or illegal, or might violate the
rights of, harm, or threaten the safety of, Users or others. By posting User Content
to any part of the Site, you automatically grant, and you represent and warrant
that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to use,
copy, publicly perform, publicly display, reformat, translate, excerpt (in whole
or in part) and distribute such User Content for any purpose on or in connection
with the Site or the promotion thereof, to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses of the
foregoing. You may remove your User Content from the Site at any time. If you choose
to remove your User Content, the license granted above will not expire.
You may review personal information (including credit data) posted by other Users
on the Site, but you are not authorized to disclose or otherwise use such information
for any purpose other than assessing the creditworthiness of other Users.
Copyright Complaints and Copyright Agent
If you believe that any material on the Site infringes upon any copyright which
you own or control, you may send a written notification of such infringement to
our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Nick Fergis
Full Address of Designated Agent to Which Notification Should be Sent: 16935 W.
Bernardo Drive, Suite 150, San Diego, CA 92127.
Telephone Number of Designated Agent: (877) 747-4889
Facsimile Number of Designated Agent: (858) 385-0379
E-Mail Address of Designated Agent: compliance@herofinancing.com
To meet the notice requirements under the Digital Millennium Copyright Act, the
notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number and, if available, an electronic mail address
at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent
or the law; and
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable
law, the Company has adopted a policy of terminating, in appropriate circumstances
and at the Company's sole discretion, users of this site who are deemed to be repeat
infringers. The Company may also at its sole discretion limit access to the Site
and/or terminate any Users who infringe any intellectual property rights of others,
whether or not there is any repeat infringement.
Links to Other Web Sites and Content
The Site contains (or you may be sent through the Site or the Services) links to
other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, software and other content
belonging to or originating from third parties (the "Third Party Content"). Such
Third Party Sites and Third Party Content are not investigated, monitored or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible
for any Third Party Sites accessed through the Site or any Third Party Content posted
on the Site, including without limitation the content, accuracy, offensiveness,
opinions, reliability or policies of or contained in the Third Party Sites or the
Third Party Content. Inclusion of or linking to any Third Party Site or any Third
Party Content does not imply approval or endorsement thereof by us. If you decide
to leave the Site and access the Third Party Sites, you do so at your own risk and
you should be aware that our terms and policies no longer govern. You should review
the applicable terms and policies, including privacy and data gathering practices,
of any site to which you navigate from the Site.
User Disputes
You are solely responsible for your interactions with other Users. We reserve the
right, but have no obligation, to monitor disputes between you and other Users.
Privacy
Please review the Site's Privacy Policy (wrcog.herofinancing.com/PrivacyPolicy.aspx).
By using the Site or the Service, you are
consenting to have your personal data transferred to and processed in the United
States or in any other country.
Disclaimers
The Company does not guarantee the accuracy of any User Content or Third Party Content.
Although we provide rules for User conduct and postings, we do not control and are
not responsible for what Users post on the Site and are not responsible for any
offensive, inappropriate, obscene, unlawful or otherwise objectionable content you
may encounter on the Site or in connection with any User Content or Third Party
Content. The Company is not responsible for the conduct, whether online or offline,
of any User of the Site or Service. The Company cannot guarantee and does not promise
any specific results from use of the Site and/or the Service to obtain financing.
The Site and the Service may be temporarily unavailable from time to time for maintenance
or other reasons. The Company assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, or alteration of,
User communications. The Company is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet or on the Site or combination
thereof, including injury or damage to Users or to any other person's computer related
to or resulting from participating or downloading materials in connection with the
Web and/or in connection with the Service. Under no circumstances will the Company
be responsible for any loss or damage, including any loss or damage to any User
Content or personal injury or death, resulting from anyone's use of the Site or
the Service, any User Content or Third Party Content posted on or through the Site
or the Service or transmitted to Users, or any interactions between Users of the
Site, whether online or offline.
The Company reserves the right to change any and all content contained in the Site
and any Services offered through the Site at any time without notice. Reference
to any products, services, processes or other information, by trade name, trademark,
manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship
or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE
COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR
THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH
THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED
BY APPLICABLE LAW THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF USE. IN NO CASE, EXCEPT
AS PROVIDED ABOVE IN THE PARAGRAPH TITLED, WILL THE COMPANY'S LIABILITY TO YOU EXCEED
$1,000.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE,
YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW,
AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF
THE CAUSE OF ACTION.
DISCLAIMER
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS
SITE IS AT YOUR SOLE RISK. THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON
WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF
THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the
State of California, without regard to any principles of conflict of laws that would
require or permit the application of the laws of any other jurisdiction, will govern
these Terms of Use.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs and
expenses, including reasonable attorney's fees, arising out of or in connection
with your User Content, any Third Party Content you post or share on or through
the Site, your use of the Service or the Site, your conduct in connection with the
Service or the Site or with other Users of the Service or the Site, or any violation
of these Terms of Use or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Site or the Service ("Submissions"), provided by
you to the Company are non-confidential and shall become the sole property of the
Company. The Company shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Termination
The Company may terminate these Terms and Conditions at any time, with or without notice, for any reason.
Contact Information
HOW TO CONTACT US
WRCOG HERO Program
4080 Lemon Street, 3rd Floor MS 1032
Riverside, CA 92502-3609
(877) 747-4889
wrcog@herofinancing.com
Other
The failure of the Company to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision in that or
any other instance. If any provision of these Terms of Use is held invalid, the
remainder of these Terms of Use shall continue in full force and effect. If any
provision of these Terms of Use shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining provisions.