HURRICANE BUDDY®
SERVICE AGREEMENT

IMPORTANT - READ CAREFULLY BEFORE PROCEEDING.  BY CHECKING THE BOX INDICATING THAT YOU ACCEPT THIS AGREEMENT OR BY USING THIS SERVICE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT REGISTER FOR OR USE THE SERVICE.   

Grant of License.  This Terms of Service Agreement (the “Agreement”) govern your use of the Hurricane Buddy® website (the “Service”).  Subject to your compliance with this Agreement, you are granted a non-exclusive, non-transferable license to use the Service, as may be offered and modified from time to time by Hurricane Buddy® matching services.  This is a legally binding contract between you and Hurricane Buddy, Inc. the owner of the Service.  Hurricane Buddy® matching services. may be referred to throughout this Agreement as “we,” “us,” “our” or “Hurricane Buddy®.”  The term “you” or “your” shall refer to the individual using the Service or entering this Agreement by checking the box to “accept” this Service Agreement.

Registration.  You must register on the Hurricane Buddy® website before using the Service.  As part of your registration, you will be asked to read and accept this Service Agreement.  By checking the “accept” box, you agree to be bound by this Agreement.  If you do not meet the eligibility requirements listed below, or if you do not agree to the terms of this Agreement, please do not register for or use the Service.  You represent that your registration information is true, accurate, complete and up-to-date.   You agree to update your registration information from time to time, as needed to maintain its accuracy.  You understand and agree that your profile and/or housing information will be available for viewing by other members and that other members may contact you. 

Eligibility; Non-Transferability; No Commercial Use.  You must be an individual at least eighteen (18) years of age to use the Service or to enter this Agreement.  By accepting this Agreement, registering for the Service or by using the Service, you represent to us that you are at least eighteen (18) years old.  You agree not to allow anyone else to use your login username or password.  You understand and agree that your membership is not transferable to any other person.  You further agree that you will not use the Service for any commercial or revenue-generating purpose or any other purpose except as expressly described and permitted in this Agreement and on the Hurricane Buddy® website.

Subscription Fees. You agree to pay the subscription fee of $79.95 for the lifetime membership of this Agreement (the “Subscription Fee”).  The Subscription Fee is a one time payment. Subscription Fees are subject to change upon notice posted to the Hurricane Buddy® website, and shall be effective upon the date of notice. Subscription Fees are non-refundable and non-transferable.  Lifetime memberships are for 2007 subscription fees only.  Hurricane Buddy reserves all rights in determining if a member is abusing the Hurricane Buddy’s membership and can cancel the subscription at any time.  If for any reason the members does not kept current in their information provided through the profile, moves without updating registration or any other act of not informing Hurricane Buddy for any reason, Hurricane Buddy can cancel subscription.   In the event you or Hurricane Buddy terminates your membership or this Agreement, you will not receive any refund of your pre-paid Subscription Fee. 
    
Prohibited Uses and Rules.  In consideration of the right to use the Service, you represent and agree that you will comply with any usage restrictions established by Hurricane Buddy®, including but not limited to the following prohibitions: 

False Identity; No Multiple Registrations.  You will not falsify any registration information requested by Hurricane Buddy®.  You will not register under multiple simultaneous identities, or impersonate any other person or use a name you are not authorized to use.  

Commercial Purposes; Advertising.  You will not use the Service for any commercial or revenue generating purposes, other than the fees you may charge for housing a Hurricane Buddy® member in a residence you own or rent.  You will not post or facilitate, by the collection of members' names or e-mail addresses or otherwise, any advertisements of products or services to other members through the Service.  You will not use the Service to transmit junk e-mail, chain letters, unsolicited mass mailings or spam.

Unlawful or Unauthorized Uses.  You will not use the Service for or to promote any unlawful purpose.  You will not use the Service for any purpose other than that expressly authorized by Hurricane Buddy®.  You will not use any program or device to automatically and systematically store and/or index groups of member profiles on the Service or conduct or forward surveys, contests, pyramid schemes or chain letters.

Fair Housing Act. In using the Service, you understand and agree to comply with the Fair Housing Act, which prohibits discrimination in advertising on the sale/rental of housing based on race, religion, gender, handicap, family status or national origin.

Obscene or Indecent Content.  You will not use the Service to distribute or promote any content containing inappropriate, profane, obscene, indecent or sexually explicit subject matter.

Harassment; Defamation.  You will not use the Service to threaten, harass, annoy or "stalk" anyone.  You will not use the Service to publish any defamatory statements.

Offensive Content.  You will not use the Service to distribute or post any content that is patently offensive to the Hurricane Buddy® community, including content that promotes racism, bigotry, or physical harm of any kind against any group or individual.
Infringement.  You will not use the Service to post, transmit or distribute any copyrighted, trademarked or other proprietary material without the prior written consent of the owner of such material.  You will not remove any copyright, trademark or other proprietary notice contained on the Service.

Damaging Content.  You will not use the Service to upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Derivative Works; Redirection.  You will not (i) adapt, modify, translate, reverse-engineer, de-compile or disassemble the Service; (ii) create derivative works based upon the Service; (iii) incorporate the Service, in whole or in part, into any other software or system, by any means including but not limited to framing; or (iv) use any means to redirect members or users of the Service to any other website.

No Alteration.  You will not use site search, or automatic retrieval application, or other manual or automatic device or process to retrieve, index, or in any way reproduce or alter the contents of the Hurricane Buddy® website or the Service.

Posted Content.  Hurricane Buddy® does not claim ownership of the materials you provide to Hurricane Buddy® (including feedback and suggestions) or post, upload, input or submit to any Hurricane Buddy Web® Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hurricane Buddy, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

1. No compensation will be paid with respect to the use of your Submission, as provided herein. Hurricane Buddy® is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hurricane Buddy's sole discretion.
2. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Assumption of Risk; Security.    THE PURPOSE OF THIS SERVICE IS TO PROVIDE A FORUM FOR HOUSING PROVIDERS AND THOSE IN NEED OF HOUSING, EITHER PRIOR TO OR FOLLOWING A HURRICANE OR OTHER DISASTER, TO LOCATE AND CONTACT ONE ANOTHER FOR THE PURPOSE OF MAKING HOUSING ARRANGEMENTS.  YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.  HURRICANE BUDDY DOES NOT AND IS NOT OBLIGATED TO SCREEN MEMBERS OR SCREEN OR VERIFY INFORMATION POSTED BY MEMBERS.  SAFETY TIPS ARE PROVIDED ON THE HURRICANE BUDDY WEBSITE, BUT THIS IS NOT INTENDED TO BE AN EXCLUSIVE LIST OF PRECAUTIONS YOU SHOULD TAKE.  YOU ARE STRONGLY ENCOURAGED TO USE CAUTION IN YOUR COMMUNICATIONS AND INTERACTIONS WITH MEMBERS.  YOU SHOULD TAKE ALL REASONABLE PRECAUTIONS TO PROTECT YOUR SAFETY, INCLUDING BUT NOT LIMITED TO REQUESTING CRIMINAL RECORDS CHECKS, CREDIT CHECKS AND REFERENCES.  YOU AGREE THAT HURRICANE BUDDY IS NOT RESPONSIBLE FOR ANY INJURY TO YOU OR YOUR HOME CAUSED BY OR RESULTING FROM YOUR INTERACTIONS WITH MEMBERS OR USERS OF THE SERVICE.  THE SERVICE ALLOWS MEMBERS TO POST CONTENT THAT IS NOT UNDER THE CONTROL OR SUPERVISION OF HURRICANE BUDDY.  YOU AGREE THAT HURRICANE BUDDY IS NOT RESPONSIBLE FOR THE CONTENT OF MESSAGES POSTED BY MEMBERS. 

Member’s Indemnification of Hurricane Buddy®.  You hereby agree to indemnify, defend and hold harmless Hurricane Buddy®, its affiliates and their shareholders, directors, officers, employees, representatives, dealers, agents, vendors, consultants and assignees, against any liability for any claims of any type whatsoever arising out of directly or indirectly, or in any way related to, the performance or non-performance by you of any rights or obligations under this Agreement or your use of the Service.  For purposes of this indemnification, “claims” means and includes all obligations, actual and consequential damages, or costs reasonably incurred in the defense of any claim, such as accountants’, attorneys’ and expert witness’ fees, costs of investigation and proof of facts, court costs, other litigation expenses, travel and living expenses.  This means that you will reimburse Hurricane Buddy® if we incur any costs associated with your failure to comply with this Agreement, your misuse of the Service, or your interactions with members.

Privacy Policy.  You certify that you have read, understand and accept the Hurricane Buddy® Privacy Policy available on the Hurricane Buddy homepage and the registration page.  The Privacy Policy may change from time to time and it shall be your responsibility to monitor and review the Privacy Policy.  The Privacy Policy describes what usage we may make of your personal information.  The Privacy Policy, as amended from time to time, is an important additional term of this Agreement and is hereby incorporated by reference and made a part of this Agreement.  

Term; Termination; Survival.  This Agreement and the Services may be terminated by us at any time for any reason ("Termination without Cause").  In the event of Termination without Cause by us, you will be entitled to a pro-rata refund of your prepaid Subscription Fees.  In the event you discontinue use of the Service, you will not be entitled to a refund of any prepaid Subscription Fees.  We reserve the right to terminate this Agreement and cancel your membership in the event you do not comply with any term of this Agreement or misuse the Service as determined in our sole discretion (“Termination for Cause”).  In the event of your Termination for Cause, you will not be refunded any of your Subscription Fee.

Intellectual Property Rights.  The Service is protected by one or more of the following:  United States, and/or foreign patent, copyright, trademark, trade secret laws and international treaty provisions.  Hurricane Buddy® owns all right, title and interest in the Service, and in all of its patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets relating to the design, manufacture, operation or service of the Hurricane Buddy® website.  All rights not explicitly granted in this Agreement are reserved to Hurricane Buddy.

Links to Third Party Sites.  The Hurricane Buddy® Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Hurricane Buddy® and Hurricane Buddy® is 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. Hurricane Buddy® is not responsible for webcasting or any other form of transmission received from any Linked Site. Hurricane Buddy® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hurricane Buddy® of the site or any association with its operators.

Warranty & Disclaimer.  THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS.  YOU UNDERSTAND AND AGREE THAT THE SERVICE IS OF SUCH COMPLEXITY THAT IT MAY CONTAIN INHERENT DEFECTS.  TO THE GREATEST EXTENT PERMITTED BY LAW, HURRICANE BUDDY® DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO  (I) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; OR (II) ANY WARRANTY THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE.  THIS MEANS THAT we do not guarantee any particular results from your use of the service and that YOU ASSUME RESPONSIBILITY FOR ANY LIABILITY ASSOCIATED WITH USE OF THE SERVICE.

Limitation of Liability and Damages.  IN NO EVENT SHALL  HURRICANE BUDDY HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO  BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHERWISE, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT OR OTHER THEORY OF LIABILITY.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR NOTICE TO HURRICANE BUDDY® OF THE POSSIBILITY OF SUCH DAMAGES OR NOTWITHSTANDING WHETHER SUCH DAMAGES WERE FORESEEABLE.  THIS MEANS THAT IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.  IN NO EVENT SHALL HURRICANE BUDDY HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, GENERAL, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL, FOR ANY PERSONAL INJURY TO YOU INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR EMOTIONAL DISTRESS, OR DAMAGE TO YOUR PROPERTY, CAUSED BY OR RESULTING FROM THE ACTIONS OF ANY MEMBER OR USER OF THE SERVICE.  THIS MEANS THAT YOU ASSUME THE RESPONSIBILITY FOR YOUR PERSONAL SAFETY AND PROTECTION OF YOUR PROPERTY ASSOCIATED WITH USING THIS SERVICE.

Governing Law; Severability; Arbitration.  This Agreement shall be governed by the laws of the State of Florida, United States of America, without regard to conflicts of laws principles.  Whenever there is any conflict between any provision of this Agreement and any present or future statute, ordinance, regulation, or ruling, the latter shall prevail, but in such event, the provision of this Agreement thus affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law.  Any disputes arising under or by reason of this Agreement shall be submitted to binding arbitration in Lee County, Florida, under the rules of the American Arbitration Association.  In the event the parties cannot agree on a single arbitrator, the matter shall be decided by a panel of three arbitrators, one selected by each party, and the third selected by the first two arbitrators.

Entire Agreement; Amendment.  This Agreement constitutes the entire agreement between you and Hurricane Buddy® with respect to the subject matter hereof and supersedes all prior negotiations, understandings, representations and agreements, whether written or oral.  This Agreement may be amended by Hurricane Buddy® by publishing the amended agreement or a notice thereof on the Hurricane Buddy® website.  You will be deemed to have accepted the amended agreement if you continue to use the Service following such publication.