Terms of Use

HOMESTARSEARCH.COM

TERMS OF USE AGREEMENT

By accessing or using Homestarsearch.com you agree to be bound by these Terms of Use ( the "Agreement ") and the Privacy Policy (Privacy Policy), and, that this Agreement constitutes a binding contract between you and HSS. Changes to this Agreement may occur at any time and are effective when posted.

If you do not wish to be so bound, then you should not visit or use HomeStarSearch.com.

HomeStarSearch.com, ( the "Website"), is owned, operated, and maintained by HomeStarSearch (HSS) and enables you to search for Rent to Own, Lease Option, Lease Purchase, Owner Financing, pre-foreclosure, and foreclosure properties (the "Services").

The terms "you" and "your" shall refer to a user, or a Customer, which is a person that paid to use the Services.

YOU SHOULD CONTACT A LAWYER IN ORDER TO HAVE ADEQUATE LEGAL REPRESENTATION. YOU UNDERSTAND AND AGREE THAT HSS IS NOT PROVIDING YOU ANY LEGAL ADVICE THROUGH THE WEBSITE, THE SERVICE, OR OTHERWISE.

The information and materials on this Website are for marketing and informational purposes only and are intended for individual and private use only.

1. ADDITIONAL CHARGES

You are responsible forany service fees associated with using the Services. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

2. ELIGIBILITY AND REGISTRATION OBLIGATIONS

You must be at least eighteen (18) years of age to become a Customer of HSS and enter this Agreement. Your participation on the Website or your purchase of the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement. You also represent and warrant that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You further agree to provide true, accurate, current and complete information about yourself on the Services registration form. If HSS suspects that any information provided is untrue, inaccurate, outdated or incomplete, HSS has the right to refuse any and all current or future use of the Website (or any purchase thereof), including purchase of any of our Services.

3. PARTICIPATION, PRICING, & BILLING

IMPORTANT PRICING INFORMATION: After you pay a Processing Fee of $1.95 (one dollar and ninety-five cents), you can use the Service for the initial ten (10) calendar days ("10-Day Trial"). The 10-Day Trial begins on the day you register based on Pacific Standard Time. If you have not cancelled the Service by 5:00 p.m. Pacific Standard Time prior to the tenth day of your trial, your credit/debit card will automatically be billed an additional non-refundable $58.94 (fifty-eight dollars and ninety-four cents) for the first month, and again you will be charged the non-refundable $58.94 on the same date of each month thereafter based on the date of your initial registration (i.e. the first day of the 10-Day Trial). If the charge declines when we bill you for the monthly membership for any reason, we reserve the right to re-attempt the monthly charge at a later date or to attempt a charge for an amount lower than the monthly charge for that month, unless you have cancelled your account. Notwithstanding any lower amount charged for any month, the monthly membership for the following month will continue to be charged at the full amount of your monthly membership. Only one 10-Day Trial period is authorized per person.

4. CANCELLATION & BILLING POLICY

You may request to cancel the Service by contacting HSS at 1-888-262-0830, Monday through Friday from 9:00 AM to 5:00 PM Pacific Standard Time. Please have available your Member ID Code provided upon registration for the Service. If you cancel prior to the expiration of any 10-Day Trial Period as described in Section 3 above, you will not be billed the non-refundable $58.94 fee for the first month. However, the $1.95 Processing Fee will not be refunded. After you incur the first non-refundable $58.94 charge, you may cancel the Service without incurring an additional monthly charge of $58.94 if you cancel your account before the start of your monthly billing date. You hereby agree that your card will be billed for the full period Service fee of $58.94, regardless of whether you cancel in middle of any particular billing period, and that you understand the monthly charge is non-refundable.

6. PRIVACY DISCLAIMER

Customer acknowledges that certain states and federal regulatory bodies have enacted laws that place restrictions on marketing activities, including but not limited to, use of public record information in connection with mortgage lending or other financial services mail marketing, or permitting a telephone customer to give public notice that such customer does not wish to receive sales solicitation telephone calls. HSS expressly disclaims any warranty, expressed or implied that the real property information is free from any consumer information that may give rise to a privacy claim. Each Customer must ensure that his or her use of the Services, including any communications to third parties, complies with all applicable law.

7. UNAUTHORIZED USE BY VISITORS OR CUSTOMERS

The Website is for the personal use of Customers and prospective customers only. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or e-mail addresses of visitors by electronic or other means ( scraping ) for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil actions, criminal prosecution, and injunctive remedies. Use of the Website may be revoked at any time, as determined in HSS's sole discretion. Further, you agree not to disclose your username and password to others. You also agree not to distribute the information contained on the Website database to any kind of person or organization.

Any unauthorized use of the Service or publication of its contents, or other distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.

8. PROPRIETARY RIGHTS OF HSS

  1. HSS owns and retains all proprietary rights in the Website and the Service, which may be protected by applicable intellectual property and other laws.. The Website contains the copyrighted material, trademarks, and other proprietary information of HSS, and/or its licensors. Except for that information which is in the public domain or for which you have been given written permission to exploit, you may not copy, modify, create derivative works, publish, perform, transmit, distribute, display, or sell any such proprietary information, in whole or in part.
  2. Except as expressly authorized by HSS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, Website, and/or Software, either in whole or in part.
  3. HSS grants you a personal, royalty-free, non-transferable and non-exclusive right and license to use the object code of any applicable Software, if any, on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify any operative Software, if any, in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website and/or Service.

9. INFORMATION AGGREGATION

HSS is not responsible for any errors in displayed information or delays in displaying information. Issues of data accuracy may be brought to the attention of HSS by contacting the customer service department at 1-888-262-0830.

10. CONTENT POSTED ON HSS

You acknowledge, consent and agree that HSS may access, preserve and disclose your information if required to do so by law or with a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process/court order; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties or applicable law or regulations; (d) respond to your requests for customer service; or (e) protect the rights, property of HSS, its users and the public. You understand that the technical processing and transmission of Services, orders or visits to the Website, may involve transmissions over various networks and changes in order to conform and adapt to technical requirements of connecting networks or devices. You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by HSS and/or content providers who provide content to the Website.

11. THIRD-PARTY CONTENT AND SERVICES

The Site may contain links to websites maintained by third parties ("Third Party Websites"), including Service Providers. HSS's inclusion of links to such Third Party Websites does not imply any endorsement, warranty, guarantee or recommendation of such Third Party Websites, or of the content, products or services, or of the sponsoring organization thereof. HSS is not responsible for any content on such Third Party Websites, including the website of any Service Provider or any other third party.

  1. HSS is a data aggregator of content supplied by third parties and Members and assumes no obligation to exercise editorial control over the opinions, advice, statements, services, offers or other content provided by third parties, including Members.
  2. Property descriptions and other information used in HSS's research tools for selecting properties and determining pricing on any Professional Service Provider's website or on a website to which you may be linked have not been verified by HSS or any Professional Service Provider, and such descriptions, data, and information are not intended to be binding on any Professional Service Provider. All prices and terms are subject to change without notice.
  3. Member acknowledges and agrees that its use of any Service provided to Member by a Service Provider shall be subject to the terms of a separate agreement between the Member and the applicable Service Provider, and that HSS has no liability to Member in relation to the any Service provided by a Service Provider, or any acts or omissions of any Service Provider.
  4. For its Services and referrals, HSS may receive payment from Service Providers.

12. User Submitted Content

  1. You are solely responsible for any text, photos, graphics, code, or other content or materials (the "User Content") that you post, submit, publish, display or link to on the Site. You agree not to post, submit or link to any User Content or material that infringes, misappropriates or violates the rights of any third party, including without limitation the copyright, trademark, trade secret, patent, publicity, privacy or other intellectual property rights of any third party, or that is in violation of any Federal, State or local law, rule or regulation, including Fair Housing Laws. You also agree not to post, submit or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent or that is purposely false or misleading.
  2. You agree that by posting content on the Site, you are granting HSS a royalty-free, perpetual, irrevocable and fully sublicensable license to publish, display, and otherwise use this content in any manner on or in connection with the Site or in the course of offering the Services. You understand and agree that any User Content that you post to HSS may be viewed by the general public.
  3. You understand that HSS does not approve or control the User Content posted by others and HSS is not liable for any statements, representations, or User Content provided by its users on the Site or in connection with the Services. HSS assumes no responsibility for monitoring the Site or the Services for appropriate User Content or conduct and has no obligation to screen, edit, or remove any of the User Content. However, HSS reserves the right, in its sole discretion and without notice, to monitor, screen, edit, or remove any User Content at any time and for any reason or for no reason.
  4. Failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by these Terms of Use.
  5. You understand that HSS does not endorse or warrant any particular content or information available via the Site or guarantee the accuracy, integrity or quality of such content or information. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves.

13. PROHIBITED ACTIVITIES

HSS reserves the right to investigate and take appropriate action if a user or Customer has misused the Website or Service, or behaved in a manner that could be regarded as inappropriate or that is unlawful or illegal. The following is a partial list of the types of actions that you may not engage in with respect to the Website or Service:

  1. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, data mine , or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  2. You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  3. You will not remove any copyright, trademark or other proprietary right notices contained in/on the Website.
  4. You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site, or with any other user's use of the Services or ability to use the Services.
  5. You will not 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.
  6. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website.
  7. You will not frame or mirror any part of the Service or the Website, without HSS s prior written authorization. You also shall not use metatags or code or other devices containing any reference to HSS or the Service or the site in order to direct any person to any other web site for any purpose.
  8. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.

User agrees not to post on the Web site any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets or any right of privacy or publicity, or (d) otherwise violates any U.S. export control law or applicable law. User will not post on this Website any links to any external internet sites that are obscene or pornographic. Any information that you provide to HomeStarSearch.com must be true, complete and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance or regulation.

14. INTERSTATE NATURE OF COMMUNICATIONS ON HSS'S SERVICE

By purchasing the Service, you acknowledge that you will be causing communications to be sent through HSS s computer networks, which could be located outside of the United States and may result in the transmission of interstate(and/or inter-country communications regardless of where you are physically located at the time of transmission.

15. INDEMNITY

You agree to indemnify and hold HSS and its successors, assigns, subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, made by any third party due to or arising out of your use of the Services, including resulting from any Content you submit, upload, post, transmit or otherwise make available through the Service. You further agree to hold HSS harmless for any result or consequence of your use of the Service, your connection to the Service, your meetings with persons or entities you meet via the Service, your own violation of the Agreement, or your violation of any rights of another. Regarding third-party claims against HSS, you agree to indemnify and hold harmless HSS, at your sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses, including attorneys fees, and other costs relating to: (i) breach of any of this Terms of Useby any party; (ii) your negligence or misconduct, or (iii) claims that you have infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. You shall not be entitled to attorney's fees for any reason whatsoever, including without limitation (i) breach of any of these terms by either party; or (ii) either part' s negligence or misconduct and regarding any legal actions, proceedings, claims, or demands between you and HSS.

17. MODIFICATIONS TO WEBSITE

HSS reserves the right at any time to modify the content of the Website or temporarily discontinue the Website (or any part thereof) with or without prior notice. You agree that HSS shall not be liable to you or to any third party for any modification, suspension or temporary discontinuance of the Website if the Service becomes unavailable.

18. ACCURACY OF INFORMATION

You hereby acknowledge and agree that any information or details regarding the status of any property (i.e. its continued availability), or the proper or accurate contact information for the entities or individuals for such properties may not be current and is not guaranteed as accurate.

19. LINKS AND THIRD-PARTY AND OTHER PROVIDERS

HSS is not responsible for the products and/or services provided by United Financial Services, Inc.(which is not an affiliate, subsidiary or partner of HSS) or any other third party. You further acknowledge and agree that HSS shall not be responsible or liable, directly or indirectly, for any damage or loss caused in connection with use or reliance on any Content, goods or services provided by any such site, resource, company, or entity.

20. DISCLAIMERS

HSS makes no representations or warranties with respect to the accuracy or completeness of any Content. We make no guarantee, whether expressed or implied, that you will find a real estate listing that meets your specification. The publisher and author specifically disclaim any implied warranties of merchantability or fitness for a particular purpose.

The number of listings varies with market conditions and the company makes no guarantee about the number of properties listed in any given area. Some geographic areas may have more listings than others and the company does not promise that there are listings in every geographical area.

The company does not guarantee that all listings have pictures. Pictures will be posted whenever they are available and at the discretion of HSS.

HSS shall not be liable for any loss of profit or any other damages, including but not limited to special, incidental, consequential or other damages resulting from your use of the Website or otherwise. Materials available on the Website are prepared as a sample resource. The information and documents provided are not intended to be, nor should be, considered binding or valid legal or tax documents or advice. You are advised not to take, or to refrain from taking, any action based upon materials or documents contained on the Website.

HSS, its affiliates, subsidiaries, and agents do not and cannot guarantee the accuracy of any information provided on the Website and do not represent and cannot guarantee that the purchase of a particular property will be free of problems, including, without limitation, legal, structural, environmental or other defects.

Customer acknowledges that automated valuation models attempt to estimate the current market value of a piece of residential real property using technology. An estimated value is not an appraisal and neither HSS nor its suppliers or licensors make any warranties expressed or implied that any estimated property values associated with the service or as contained in any report are complete, guaranteed as accurate, fit for a particular purpose, or merchantable. Any estimated values are delivered "as is," with all faults and defects. Use of estimated property values is done so that the sole risk and responsibility of Customer or the ultimate end user of such values.

Neither HSS nor HomeStarSearch.com is acting in any capacity that requires it to hold a real estate brokers license or attorneys license. This site is intended only for individual home seekers. If you intend to download any sample form(s) for general reference for anyone other than yourself, do not use the Service or download these sample forms. HSS does not make loans or offer mortgages through this Website or otherwise, nor does it counsel others on these matters.

Any opinions, advice, blogs, statements, offers, or other information or content made available through the Website by HSS, whether or not authorized by HSS, should not be relied upon as the final determination of your particular issue. You should therefore seek the advice of a knowledgeable attorney licensed in your particular jurisdiction and/or an accounting professional. Under no circumstances will HSS or its subsidiaries, affiliates, successors, or assigns be responsible for any loss or damage resulting from your reliance on opinions, advice, blogs, statements, offers, or other information or content made available through the Website.

21. DISCLAIMERS OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE WEBSITE AND THE SERVICE ARE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. HSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. HSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR OR VIRUS-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HSS VIA HOMESTARSEARCH.COM OR OTHERWISE SHALL CREATE ANY WARRANTY OR GUARANTEE.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HSS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF HOUSING/SHELTER, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICE OR WEBSITE;
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR
  • OTHER MATTERS RELATING TO THE WEBSITE, INCLUDING BU TNOT LIMITED TO ANY LOSS OR INTERRUPTION IN SERVICE

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HSS'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 BY THE CUSTOMER TO HSS FOR THE SERVICE.

23. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.

24. NOTICE

HSS may provide you with notices, including those regarding changes to this Agreement, by email, regular mail to the last address provided to us, or via changes or postings on the Website.

25. CUSTOMER SERVICE

When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise exhibit inappropriate behavior or engage in inappropriate language. If HSS feels that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to institute or take any and all legal actions against you, including but not limited to termination of Services.

27. COPYRIGHT/IP POLICY

You may not post, distribute, infringe or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of the applicable such proprietary copyright, trademark or proprietary rights. Without limiting the foregoing, if you believe that any material on our website is infringing your work has been copied and posted on the Service in a way that constitutes copyright infringement, you may please provide our Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a specific description of the copyrighted work that you claim has been infringed;
  3. a specific description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

HSS' s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

HomeStarSearch.com
Copyright Agent
9701 Wilshire Blvd, Suite 1000
Beverly Hills, CA 90212
copyright@homestarsearch.com

29. NO THIRD PARTY BENEFICIARIES, PARTNERSHIP, OR AGENCY

There are no third party beneficiaries intended by this Agreement. You further acknowledge and agree that no joint venture, partnership, employment or agency relationship exists or is created between you and HSS, or between HSS and any third-party mentioned herein (including any third party mentioned or linked to on the Website) including but not limited to United Financial Services, Inc.

30. MISCELLANEOUS

  1. Entire Agreement. This Agreement constitutes the entire agreement between you and HSS and governs your use of the Website and Service, superseding any prior agreements between you and HSS with respect to the Website or Service. You may also be subject to additional terms of use that may apply when you use or purchase certain other HSS services, affiliate services, third-party content or third-party software. The Agreement may not be amended except as provided for herein.
  2. Choice of Law and Forum. If there is any dispute arising out of the Website and/or the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions. You further expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, County of Los Angeles, for the resolution of any such dispute.
  3. Waiver and Severability of Terms. The failure of HSS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver, ongoing or otherwise, of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties (and the court) shall endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
  4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within six (6) months after such claim or cause of action arose or such claim will be forever barred.
  5. Arbitration of Disputes. Any and all disputes, controversies or claims arising out of or relating to this agreement, or concerning the respective rights or obligations hereunder of the parties hereto may be settled and determined by arbitration before the Commercial Panel of the American Arbitration Association in accordance with its Commercial Arbitration rules. However, you and HSS must agree to this in writing. Any arbitration shall occur in Los Angeles, California. The arbitrator shall have the power to award specific performance, injunctive relief, reasonable attorney s fees, costs, and expenses. The arbitrator shall also have the power to enforce the procedural rules of the Discovery Act contained in the California Code of Civil Procedure, which shall apply to any arbitration procedure. The arbitration shall be final and binding upon the parties, and judgment thereon may be entered by any competent court having jurisdiction.
  6. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.