Before you register for your MyHomePoint account, you must read and agree to these MyHomePoint Terms of Use and the MyHomePoint Privacy Policy, including any future amendments (collectively, the "Agreement").
Your use of the MyHomePoint website constitutes your acceptance of the terms of this Agreement.
Description of the Service. MyHomePoint is a web-based software application that allows individuals and groups to create accounts to manage and share calendar and family management data online. MyHomePoint ("Service" or "Website") is owned and operated by ThinkFirst, LLC ("ThinkFirst") and can be found at the web address http://www.myhomepoint.com.
Modification of this Agreement. Although we may attempt to notify you via your email address when major changes are made, you should visit this page periodically to review these terms. ThinkFirst may, at its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Service Eligibility. This Service is made available for personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to create a MyHomePoint account. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. ThinkFirst reserves the right to refuse service to anyone at any time without notice for any reason.
Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ThinkFirst; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. ThinkFirst reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Any additional members added to an existing account who use the Service shall also be bound by this Agreement.
Content of the Service. ThinkFirst takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does ThinkFirst have any obligation to monitor such third party content. ThinkFirst reserves the right to remove or refuse to distribute any content on the Service, such as content that violates the terms of this Agreement. ThinkFirst does not warrant or guarantee the accuracy or timeliness of any information available from the Service, even if such information appears in email, cell phone or other direct notifications sent from the MyHomePoint Service. ThinkFirst does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your MyHomePoint account. We will not use any of your content for any purpose except to provide you with the Service. ThinkFirst reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of ThinkFirst, its users and the public. ThinkFirst will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to ThinkFirst to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Privacy. As a condition to using the Service, you agree to the terms of the MyHomePoint Privacy Policy.
Advertisements. ThinkFirst does not display any form of advertising to users while logged into a paid subscription account for the Service. ThinkFirst reserves the right to display advertisements (a) on any public areas of the website that do not require login, or (b) within any private account areas of the website for users of accounts that have not paid a subscription fee to access the Service (this could include trial accounts or free accounts specifically designated as "ad-supported"). For users who have not paid a subscription fee, as consideration for using the Service, you agree and understand that ThinkFirst may display ads and other information within your account and related to the content of your calendar or other personal data. MyHomePoint displays relevant ads using a completely automated process that enables the Service to effectively target dynamically changing content, such as calendar events. No human will read the content of your private account data in order to target such advertisements or other information without your consent, and no private content or other personally identifiable information will be provided to advertisers as part of the Service.
Account Cancellation. You may cancel your use of the Service and/or terminate this Agreement with or without cause at any time by providing notice to ThinkFirst at support@myhomepoint.com or by sending a letter to the registered address listed at the end of this Agreement; provided, however, that a terminated account may continue to exist for up to two (2) business days before such cancellation takes effect. After that, it may take up to several weeks for all account data to be permanently deleted from our internal systems. Although you may cancel your account at any time, ThinkFirst does not provide refunds for paid subscriptions, even if there is additional time left on the account at the time of cancellation.
Account Termination. ThinkFirst may at any time, and for any reason, terminate the Service, terminate this agreement, or suspend or terminate your account. For users using a trial or free, non-paid MyHomePoint account, after a period of inactivity ThinkFirst reserves the right to suspend the account. For users of paid subscription accounts, there is no penalty for account inactivity for as long as the subscription is valid and fully paid. If a subscription at any time lapses beyond the renewal due date, the account will become immediately suspended and the account owner will be notified by email. If an account has been suspended or disabled for any reason, ThinkFirst will contact the account owner by email and the account owner will have fifteen (15) business days to reply to ThinkFirst to request that the account not be permanently terminated. If ThinkFirst receives no contact within fifteen business days after suspending an account, the account will be permanently disabled and users will not be granted access to the account or any files or other content contained in the account. Within a few weeks, ThinkFirst will permanently delete all account data and the account name associated with that account could then be assigned to another user without notice to the original account owner. Sections 3, 4, 5, 7, and 9 - 14 of this Agreement shall survive account expiration or termination.
Disclaimer of Warranty. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE MYHOMEPOINT SERVICE IS AT YOUR SOLE RISK. THE MYHOMEPOINT SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYHOMEPOINT 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.
THINKFIRST MAKES NO WARRANTY THAT (i) THE MYHOMEPOINT SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE MYHOMEPOINT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MYHOMEPOINT SERVICE WILL BE ACCURATE OR RELIABLE.
WHILE THINKFIRST WILL MAKE EVERY REASONABLE EFFORT TO ADDRESS ERRORS IN A TIMELY FASHION, THINKFIRST MAKES NO WARRANTY THAT ANY ISSUES OR ERRORS WITH THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYHOMEPOINT SERVICE IS DONE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THINKFIRST OR THROUGH OR FROM THE MYHOMEPOINT SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THINKFIRST 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 PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THINKFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE MYHOMEPOINT SERVICE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE MYHOMEPOINT SERVICE. 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 LIMITATIONS SET FORTH IN SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
Indemnification. You agree to hold harmless and indemnify ThinkFirst, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ThinkFirst will provide you with written notice of such claim, suit or action.
Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, USA, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Travis County, Texas, USA, and you consent to the jurisdiction of such courts.
Please direct all communications with ThinkFirst regarding this Agreement or any of our Service policies to:
Email: support@myhomepoint.com
Postal mail:
ThinkFirst, LLC
5406 Evans Ave.
Austin, Texas 78751
USA
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