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TERMS AND CONDITIONS

These Terms and Conditions are a legal agreement, between you and NeighborWorks® Blackstone River Valley (NWBRV) that govern your access to and use of the Services. Please review these Terms and Conditions before you decide whether to accept them and continue with the use of the Services. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms then you may not access or use the Services offered and provided by NeighborWorks® Blackstone River Valley on and through this website.

About Us and Programming Purpose,

NeighborWorks® Blackstone River Valley (NWBRV) is a nonprofit, HUD approved housing counseling agency. We provide education workshops and a full spectrum of housing counseling including: pre-purchase, forclosure prevention, non-delinquency post-purchase, financial capability, rental and homeless counseling.

We serve all clients regardless of income, race, color, religion/creed, sex, national origin, age, family status, disability, or sexual orientation/gender identity.

We administer our programs in conformity with local, state, and federal anti-discrimination laws, including the Federal Fair Housing Act (42 USC 3600, et seq.).

Definitions.

“Services” shall mean any service provided by NWBRV, which are facilitated in any way by, or related in any way to this website, including but not limited to housing counseling, homebuyer education, financial capabilities, information collection and storage, electronic communication, and foreclosure counseling. “We” and “we” shall mean NeighborWorks® Blackstone River Valley

Survival of Terms.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property.

You acknowledge that NWBRV retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Services, the software and application programming interfaces comprising the Services, and all content therein. NeighborWorks® Blackstone River Valley, its logos, and the content of this website are the sole property of NeighborWorks® Blackstone River Valley. The Services may also contain third-party trademarks, service marks, graphics, and logos licensed to NeighborWorks® Blackstone River Valley by their rightful owners and are protected by law. You agree not to promote any unauthorized copying, use, or distribution of the Serv rvices. Except as provided herein, NeighborWorks® Blackstone River Valley does not grant any express or implied right to you under any licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.

Privacy.

You understand and agree that personal information provided to NeighborWorks® Blackstone River Valley in connection with the Services is subject to the NeighborWorks® Blackstone River Valley Privacy Policy, which is available on this website. By agreeing to these Terms and Conditions you hereby agree to the NeighborWorks® Blackstone River Valley Privacy Policy, which may be updated from time to time.

Termination of Service.

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation, inactivity or violation of these Terms of Service or other policies we may establish from time to time. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you.

Governing Law.

These Terms and Conditions shall be governed by the laws of Rhode Island, and each party agrees to submit to personal and exclusive jurisdiction of the courts located in Rhode Island.

Changes to Terms and Conditions and Notice thereof.

NeighborWorks® Blackstone River Valley has the right, in its sole discretion, to change, modify, or amend any portion of these Terms and Conditions at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification or amendment of these Terms and Conditions, your sole remedy is to terminate your use of the Services.

Links to Third Party Sites.

The NeighborWorks® Blackstone River Valley website may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of NeighborWorks® Blackstone River Valley and NeighborWorks® Blackstone River Valley is not responsible for webcasting or any other form of transmission received from any Linked Site. NeighborWorks® Blackstone River Valley is not responsible for the content of any Linked Site. Inclusion of any Linked Site on the NeighborWorks® Blackstone River Valley web site does not constitute or imply any endorsement by NeighborWorks® Blackstone River Valley of the site or any association or affiliation with its owner(s) or operator(s).

USA Patriot Act Notice.

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each individual or business that opens an account or requests credit.

Indemnification.

You agree to indemnify, defend and hold harmless NWBRV, and its subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including NeighborWorks® America) (collectively “Indemnified as NWO Parties”) from and against any and all claims, demands, causes of action, debt or liability, including without limitation, attorneys’ fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:

(a)Your use of the Services;

(b) Any breach or non-compliance by you of any term of these Terms and Conditions;

(d) Your negligence or violation or alleged violation of any applicable law or rights of a third party.

Username and Password.

You are responsible for:

1) Maintaining the confidentiality of your username and password,

2) Any and all transactions by persons that you give access to or that otherwise use such username or password, and

3) Any and all consequences of use or misuse of you username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge.

Disclaimer.

The Services, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through the services, are provided “as is.” To the fullest extent permissible by law,NEIGHBORWORKS® BLACKSTONE RIVER VALLEY, and its subsidiaries and other affiliates,and their agents, co-branders or other partners, including NEIGHBORWORKS® AMERICA, (collectively the “NWO” parties) make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the software used on or accused through the services, or for any breach of security associated with the transmission of sensitive information through the services. Each of the NWO parties disclaims without limitation, any warranty of any kind with respect to the services, non infringement, merchantability, or fitness for a particular purpose. The NWO parties do not warrant that the functions contained in the services will be uninterrupted or error free. The NWO parties shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of any transaction or the services.

Limitation of Liability.

In no event shall any NWO party be responsible or liable to you or any third party under any circumstance for any indirect, consequential special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, Goodwill, use, data, or other intangible losses which may be incurred in connection with any NWO party or the services, or any goods, services, regardless of the type of claim or the nature of the cause of action, even if the NWO party has been advised of the possibility of such damage or loss. In no event shall the NWO parties’ total cumulative liability arising from or relating to these terms and conidtiond exceed the net fees NEIGHBORWORKS BLACKSTONE RIVER VALLEY has actually received and retained from you during the six month period immediately preceding the date of the claim.

Each party acknowledges that the other party has entered into these Termon the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the forgoing, no NWO party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, tornado, or other acts of God, labor conditions, power failures and internet disturbances.

Agency Relationships.

NWBRV has financial affiliation with HUD, , NeighborWorks® America, Boston Community Capital and several financial institutions, such as, USDA Rural Development, the Housing Network of Rhode Island, Rhode Island Housing and banks including Citizens Bank, Navigant Credit Union, Bank of America, Santander Bank, Webster Bank, Bank RI, Coastway Community Bank, The Washington Trust, and Wells Fargo . These affiliations vary from time to time. As a NWBRV/housing counseling programs’ participant, you are not obligated to use the products and services of NWBRV or our affiliated partners.

Agency Conduct.

No NWBRV employee, officer, director, contractor, volunteer, or agent shall undertake any action that might result in, or create the appearance of, administering counseling operations for personal or private gain, provide preferential treatment for any person or organization, or engage in conduct that will compromise our agency’s compliance with federal regulations and our commitment to serving the best interests of our clients.