Last Updated: August 20, 2008
THIS TERMS OF USE AGREEMENT IS WITH MY HOME OFFICE, INC. OWNER OF THE SOHOMAVEN.COM WEBSITE.
Welcome to SOHOMaven.com, an online service that connects you with the Small Office/Home Office (SOHO) community. Please read this Terms of Use Agreement, which sets forth the standards of use of SOHOMaven’s online service. By using the SOHOMaven.com website you (the “User”) agree to these terms and conditions of this agreement. SOHOMaven respects the privacy of our users. Please take a few minutes to review our Privacy Policy and Copyright Policy. Once again, by using the SOHOMaven.com website you (the “User”) agree to these terms and conditions of our Privacy Policy and Copyright Policy. If you disagree with any material you find on SOHOMaven.com, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by contacting our representatives at 856-829-0677 or email us at
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We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at SOHOMaven.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
DESCRIPTION OF SERVICE
SOHOMaven is an online service for SOHO based individuals and businesses providing content, communication, blogs, forums, networking, resource and directory services.
MEMBERSHIP ELIGIBILITY
The SOHOMaven service is not available to minors under the age of 18 or to any users suspended or removed from the system by SOHOMaven for any reason. If we find out a User is under 13 years of age we will immediately close the account and delete all Information. Membership is also void where prohibited. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your SOHOMaven account to another party. If you do not qualify, you may not use the SOHOMaven service.
USE OF SERVICE
Your use of the SOHOMaven Service is governed by this User Agreement. SOHOMaven may refuse service without prior notice to any user for any or no reason. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify SOHOMaven of any unauthorized use of your password or account or any other breach of security. SOHOMaven cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
TERMINATION
You agree that SOHOMaven may, with or without cause, immediately terminate your account and access to the SOHOMaven Service without prior notice. Without limiting the foregoing, the following will lead to a termination by SOHOMaven of a user’s use of the SOHOMaven Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your SOHOMaven account includes removal of access to all offerings within the SOHOMaven Service and may also bar you from further use of the SOHOMaven Service. Furthermore, you agree that all terminations shall be made in SOHOMaven’s sole discretion and that SOHOMaven shall not be liable to you nor any third-party for any termination of your account or access to the SOHOMaven Service.
INFORMATION PROVIDED ON THIS WEBSITE
SOHOMaven wants to encourage an open exchange of information and ideas directly impacting the SOHO Community. But we cannot and do not review every posting made on SOHOMaven’s community site, forums, blogs, and other public posting areas. You can expect these areas to include content, information, and opinions from a variety of individuals and organizations other than SOHOMaven. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from an "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
Responsibility for what is posted on SOHOMaven’s community site, forums, blogs, and other public posting areas lies with each user. You are responsible for material you post. SOHOMaven does not control the messages, information or other content that you or others may provide through the SOHOMaven.com. You may use the SOHOMaven service for lawful purposes only.
In the course of using the SOHOMaven Service, users may provide information about themselves, and their SOHOs, which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the SOHOMaven Web Site or otherwise providing materials to SOHOMaven, you are granting to My Home Office, Inc. a royalty-free, perpetual, irrevocable license to use this information in the course of offering the SOHOMaven service. Furthermore, you understand that SOHOMaven retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the SOHOMaven Service is the sole responsibility of the person from which such content originated and that SOHOMaven will not be liable for any errors or omissions in any content. You understand that SOHOMaven cannot guarantee the identity of any other users with whom you may interact in the course of using the SOHOMaven Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
MONITORING AND ENFORCEMENT
Although SOHOMaven cannot monitor all content on SOHOMaven’s community site, forums, blogs, and other public posting areas, you understand that SOHOMaven shall have the right, but not the obligation, to monitor the content of SOHOMaven.com to determine compliance with this Terms of Use Agreement and any other operating rules that may be established by SOHOMaven from time to time. SOHOMaven shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any material, for any reason, including violation of these Terms of Use, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for the content of their messages and submissions. You acknowledge and agree that SOHOMaven shall not assume or have any liability for any action or inaction by SOHOMaven with respect to any conduct within SOHOMaven.com or any communication or posting on SOHOMaven.com. SOHOMaven also reserves the right to disclose any information that it believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
USER CONDUCT
You understand and agree not to use SOHOMaven to:
• Violate or infringe the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
• Allow you to gain unauthorized access to SOHOMaven.com, or any account, computer system, or network connected to SOHOMaven.com, by means such as hacking, password mining or other illicit means;
• Commit acts that are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions or accounts of, sexual acts;
• Harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Impersonate any person, business or entity, including SOHOMaven and its employees and agents or falsely state or otherwise misrepresent your affiliation with any person, business or entity, including SOHOMaven;
• Transmit viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourage conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
• Post or transmit any message anonymously or under a false name;
• Permit any person to access, using your account, any features of the SOHOMaven service that may require registration;
• Violate these Terms of Use, guidelines or any policy posted on the SOHOMaven service, or interferes with the use of SOHOMaven by others.
FEES
Signing up for a basic SOHOMaven account is free. Certain other services are provided for free only to beta users. SOHOMaven reserves the right to charge for the SOHOMaven Service or any portion thereof, modify the pricing of, add to, or discontinue the SOHOMaven Service or any portion thereof without prior notice.
INDEMNIFICATION
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless My Home Office, Inc., its officers, employees, agents, subsidiaries, divisions, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the SOHOMaven Service; ii) unauthorized access to or alteration of your communications with or through the SOHOMaven Service, or iii) any other matter relating to the SOHOMaven Service. Any business transactions which may arise between users from their use of SOHOMaven are the sole responsibility of the users involved.
Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that SOHOMaven may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of SOHOMaven, its users, and the public.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SOHOMAVEN SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT SOHOMAVEN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SOHOMAVEN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. SOHOMAVEN EXPRESSLY DISCLAIMS 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.
SOHOMAVEN MAKES NO WARRANTY THAT (i) THE SOHOMAVEN SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SOHOMAVEN SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOHOMAVEN SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOHOMAVEN SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOHOMAVEN SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOHOMAVEN OR THROUGH OR FROM THE SOHOMAVEN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
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 MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOHOMAVEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SOHOMAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL SOHOMAVEN’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
GOVERNING LAW
The Terms of Use Agreement between you and My Home Office, Inc. shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to conflict of laws principles.
ARBITRATION
All disputes arising out of, or relating to the agreement or the relationship or duties contemplated under this agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect.
GENERAL INFORMATION
SOHOMaven, the SOHOMaven logo, and other SOHOMaven logos and names are the property of My Home Office, Incorporated. You agree not to display or use SOHOMaven or any SOHOMaven logos in any manner without My Home Office, Incorporated’s prior, written permission. If you have questions regarding our Terms of Use Agreement, its implementation, failure to adhere to this agreement and/or our general practices, please contact us at
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, or send your comments to :
My Home Office, Inc.
Attention: Legal Department
500 Broad Street
Riverton, NJ 08077
My Home Office, Incorporated will use reasonable efforts to respond and resolve any problem or question.
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