HV HOLDING COMPANY
"Maximizing Your Donation Income"

TERMS OF USE

I. INTRODUCTION:

• TERMS: These are the User Policies ("Policies") for the HV HOLDING COMPANY, INC. ("HV") website. By using this website (this "Site"), you become subject to these Policies, except as otherwise required by law. You should therefore read the Policies carefully, as they affect your legal rights. Before actually using this Site as either a client, buyer and/or a seller, you will be required to confirm your agreement to these Policies. If you do not agree, you will not be able to use this Site.
  
  Should you have any questions related to the Policies or their application to you, or any other questions regarding this Site, you may contact HV at questions@hvholdingcompany.com.
• MODIFICATIONS: HV reserves the right to change these Policies from time to time in its sole discretion, and without advance notice. However, we will use reasonable efforts to keep you informed of any plans for significant change.
• PURPOSE: This Site is intended to benefit worthwhile charitable and related organizations. It does so by providing buyers and sellers with a forum in which a buyer can purchase a seller's goods, with the proceeds of sale (after payment of a small fee for the Site's administration) given to a seller-designated charity or other worthwhile organization. Under no circumstances will any seller receive cash for the goods purchased by a buyer: when the transaction closes, the seller will be given only a receipt for seller's tax and accounting records. Given that many buyers and all sellers will thus presumably be motivated by charitable purposes, HV expects that the users of its Site will conduct themselves with these higher purposes in mind, in a spirit of cooperation and good will (and on pain of appropriate consequences in this life or the hereafter!).

II. USE OF THIS WEBSITE:

• ELIGIBLE USERS: All buyers and sellers must be over the age of 18, and capable of entering into a binding contract under applicable law. Each buyer and seller on this Site represents and warrants that he or she meets this requirement.
• RIGHT TO REFUSE SERVICE: Except as otherwise required by law, HV reserves the right to refuse service to anyone, for any reason, without explanation, and in its sole discretion.
• PROHIBITED CONDUCT: The following conduct is prohibited on this Site:
  • Any conduct which is illegal, defamatory, pornographic, or harmful to minors;
  • Any conduct which is harassing, threatening, or abusive;
  • Any conduct which is demeaning or degrading to, or unlawfully or improperly discriminates against, any person based on that person's religious affiliation, ethnic background, sexual orientation, gender, race, disability, or national origin;
  • Any conduct which is deceitful, dishonest, deceptive, misleading, false, or manipulative;
  • Any infringement of any patent, trademark, copyright, trade secret, or other intellectual property right of HV or another;
  • Sending junk mail, spam, unsolicited commercial advertisements, or engaging in any other scheme to obtain an improper financial benefit from the Site or its users (i.e., a benefit unrelated to the Site's purpose, described in Section I.C. above);
  • Advertising the sale of any goods which are restricted, illegal or unlawful under applicable law; or
  • Distributing or circulating in any manner any software or code which contains any computer viruses, or which is intended to disrupt the Site's operations in any respect, or is otherwise an attempt to engage in a denial of service or other related attack, or to disrupt the Site's operations;
  The user also agrees not to do any of the following:
  • contact anyone who has not affirmatively authorized such user to contact them;
  • collect personal data about others for any purpose other than completing a specific sale or purchase;
  • post the same item more than once at a time.
• USE BY SELLERS: All sellers are subject to the following requirements:
  • All sellers who wish to post an item on the Site must register and complete a seller listing for each item. The registration will include standard and customary information, such as name, address, e-mail, phone and so on. Each product listing will include: Seller's name, address, phone, and e-mail address; a short description of the good or product to be sold, including its weight (for shipping purposes); a designation of which charity is to receive the proceeds of the sale, if any; and any other information reasonably requested by HV. This information will not be transmitted to a buyer without the seller's written consent, but it may be disclosed to any charity so designated by the seller.
  • This Site is for the sale of goods only; sellers may not sell or advertise the sale of services.
  • Seller must own the good or product to be sold, must have it in his possession or under his control, and must ship it, using a UPS label provided by HV, within three (3) business days of the date notice is provided by HV to Seller of the sale;
  • Seller will be solely liable to address any and all of a buyer's concerns about the quality or characteristics of a good or product sold to the buyer. Seller agrees to indemnify and hold HV, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any buyer or other third party due to or arising out of (i) any sale or attempted sale by seller on this Site, (ii) seller's use of the Site generally, or (iii) any breach by seller of these Policies.
  • Seller agrees that he or she will not list for sale any item which is restricted, illegal or unlawful under applicable law.
• USE BY BUYER : All buyers are subject to the following requirements:
  • All buyers wishing to use this Site must register, with the registration to include standard and customary information, such as name, address, e-mail, phone and so on.
  • At the time of purchase, a buyer must provide a valid credit card, with an expiration date and security code if requested. This information will not be used by HV for any other purpose than to charge buyer's account for a purchase authorized by buyer, and as necessary for HV to maintain records of sales and comply with applicable law. For this reason, without a buyer's consent for HV to maintain a buyer's credit card information, credit card information must be provided by buyer each time he or she wishes to make a purchase.
  • BUYER AGREES AS FOLLOWS:
    • ALL GOODS PURCHASED BY BUYER ARE PURCHASED "AS-IS" AND WITHOUT ANY WARRANTY EXCEPT AS OTHERWISE REQUIRED BY LAW;
    • ALL TERMS OF SALE WILL BE NEGOTIATED EXCLUSIVELY BY SELLER AND BUYER, AND HV WILL HAVE NO RESPONSIBILITY THEREFORE OR INVOLVEMENT THEREIN;
    • HV WILL NOT UNDER ANY CIRCUMSTANCES DISCLOSE ANY OF A SELLER's CONTACT OR OTHER INFORMATION TO A BUYER WITHOUT A SELLER's WRITTEN CONSENT OR AS REQUIRED BY LAW, AND BUYER AGREES TO RAISE ALL CONCERNS RELATING TO HIS OR HER PURCHASE OF A PRODUCT OR GOOD DIRECTLY AND EXCLUSIVELY WITH SELLER. IN PARTICULAR AND WITHOUT LIMITATION, BUYER WILL LOOK SOLELY TO SELLER TO ADDRESS ANY AND ALL CONCERNS BUYER MAY HAVE REGARDING THE QUALITY OR CHARACTERISTICS OF A GOOD PURCHASED BY A BUYER.
    • ONCE A BUYER AUTHORIZES A PURCHASE BY CLICKING "AUTHORIZE" OR "MAKE PURCHASE" OR OTHER SIMIILAR AUTHORIZATION IN THE SHOPPING CART, THE SALE IS FINAL AND NO REFUNDS WHATSOEVERWILL BE MADE UNDER ANY CIRCUMSTANCES. BUYER WILL AT SUCH TIME RECEIVE THE TRACKING NUMBER FOR THE UPS DELIVERY TO BE SENT TO HIM BY THE SELLER.
    • BUYER AGREES TO INDEMNIFY AND HOLD HV, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY BUYER, SELLER OR ANY OTHER THIRD PARTY DUE TO OR ARISING OUT OF ANY PURCHASE OR ATTEMPTED PURCHASE ON THIS WEBSITE, BUYER's USE OF THE SITE, OR ANY BREACH BY BUYER OF THESE POLICIES.
• GENERAL:
  • DISPUTES: ALL DISPUTES BETWEEN BUYER AND SELLER MUST BE RESOLVED BY BUYER AND SELLER THEMSELVES. HV WILL NOT INTERVENE IN ANY WAY, OR DISCLOSE ANY INFORMATON ABOUT ONE PARTY TO THE OTHER OR TO ANY THIRD PARTY WITHOUT THE FIRST PARTY's CONSENT, EXCEPT AS REQUIRED BY LAW. NOTWITHSTANDING THE FOREGOING, HV MAY IN SUCH EVENT TAKE ANY AND ALL STEPS REQUIRED BY ANY LEGAL AUTHORITY WITH JURISDICTION FOR THE MATTER.
  • POLICIES: DUE TO THE VOLUME OF GOODS ADVERTISED ON ITS SITE, HV DOES NOT GUARANTEE THAT IT CAN TIMELY PRESCREEN OR REVIEW THE LISTINGS OF GOODS FOR COMPLIANCE WITH THESE POLICIES. HV NEVERTHELESS RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DELETE OR REFUSE TO MAKE ANY SPECIFIC LISTING FOR ANY REASON. HV FROM TIME TO TIME MAY ALSO ESTABLISH LIMITS ON HOW LONG A LISTING MAY BE MAINTAINED AND HOW MANY LISTINGS MAY BE MAINTAINED BY A PARTICULAR USER.
  • DISCLAIMER: Before HV lists a specific charity or other organization as a potential recipient of a donation by a seller from the sale of a seller product, HV will conduct only minimum due diligence to ensure that the charity or other organization is accurately representing itself on HV's Site. This includes obtaining, from the organization itself, contact information for the organization, a listing of its nature and/or activities[, and its authorization/receipt of 501(c)(3) charity status under federal law]. HV DOES NOT REPRESENT THAT ANY PARTICULAR DONATION IS TAX DEDUCTIBLE AND WILL RELY ON THE ORGANIZATION TO ENSURE THAT THE ABOVE INFORMATION IS ACCURATE. HV's SOLE OBLIGATION TO A SELLER, ONCE A SALE HAS BEEN MADE, IS TO PROVIDE SUCH SELLER WITH A RECIEPT CONTAINING THE NAME OF THE ITEM, THE AMOUNT AND DATE OF THE SALE, AND THE NAME OF THE ORGANIZATION TO WHICH THE PROCEEDS WERE OR WILL BE CONTRIBUTED.
  • TERMINATION OF SERVICE: All users agrees that HV, in its sole discretion, has the right (but not the obligation) to delete or deactivate the user's Account, block his or her email or IP address, or otherwise terminate access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any listings therein for any reason, including, without limitation, if HV believes that a user has acted inconsistently with the letter or spirit of the Policies.
  • PROPRIETARY RIGHTS: This Site is copyrighted and protected by other applicable law. Any reproduction, modification, creation of derivative works from or redistribution of the Site is prohibited without the express written consent of HV. The user may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source contained or used by the Site. Without limiting the foregoing, the user agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site. The user automatically grants, and represents and warrants that he or she has the right to grant to HV, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute any listings posted hereunder, and to prepare derivative works of, or incorporate into other works, of said listings, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.
  • DISCLAIMER OF WARRANTIES: USER AGREES THAT USE OF THE HV SITE IS ENTIRELY AT USER's OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, HV DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HV DISCLAIMS ANY WARRANTIES FOR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE. HV DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
  • LIMITATIONS OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL HV BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
  • PRIVACY POLICY:
    • INFORMATION COLLECTED: HV collects the information described in Sections II D. and E. above. HV may collect further information from you, e.g, in the case of a survey of user preferences or behavior, but only if you specifically consent to this collection. HV may in rare cases collect other information as reasonably necessary for purposes of protecting the safety of the community and/or the security of the Site.
    • USE OF INFORMATION: HV may aggregate the information collected to produce anonymous statistical data. HV then may use this information to improve the Site and for general business purposes subject to the limitation that only anonymous, aggregate statistical data is so used (except that HV may share specific donor information with the target charity and or donor organization as provided in Section II.D.1. above). HV does not disclose any data of individuals unless specifically authorized by a user, required by law, and/or necessary for safety and security.
    • REVIEW AND CORRECTION: As requested, HV will review, revise and/or delete information about a specific user upon request by that user, subject to any contrary legal or technical requirements. A user may also opt out of, unsubscribe, from any HV communications by using the unsubscribe@hvholdingcompany.com email address.
    • GENERAL INFORMATION: The Policies constitute the entire agreement between the user and HV and govern the user's use of the Site, superceding any prior agreements between the user and HV. The Policies and the relationship between the user and HV shall be governed by the laws of the State of California without regard to its conflict of law provisions. The user and HV agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of HV to exercise or enforce any right or provision of the Policies shall not constitute a waiver of such right or provision. If any provision of the Policies is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and in any event the other provisions of the Policies shall remain in full force and effect. The user agrees 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 Site or the Policies must be filed within one (1) year after such claim or cause of action arose or be forever barred.