TERMS OF USE

By using this website, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. We may revise these terms of use at any time without notice to you. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO CONTRACT. You agree that your signature or mark of affirmation through this portal is considered a signature under the Delaware Uniform Electronic Transaction Act and expressly consent to the use of electronic signature under 6 Del. C. 12A-101 et seq.

This site is not intended to and does not create any agent or representative relationship, and by using no agent or representative relationship will be created with DSHA.

When you open an account to use or access certain portions of the DEHAP website or service, you must complete the registration process by providing the complete and accurate information requested on the registration form. I understand that Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making a false or fraudulent statement. Knowing, intentional, submission of false or fraudulent information is a criminal offense which may result in the immediate termination of your application, and or investigative or enforcement actions inclusive of any applicable criminal penalty.

You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify DSHA immediately of any unauthorized use of your account, user name or password. DSHA shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. IF FOR ANY REASON YOU BELIEVE THAT YOUR ACCOUNT PRIVACY HAS BEEN BREACHED THROUGH THE USE OF OUR SITE, CONTACT US IMMEDIATELY AT dehap@destatehousing.com

All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by the DSHA or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by DSHA, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way. Limited Permission - DSHA grants you permission to download, view, copy and print the Materials solely for your personal, non-commercial use.

Third Party Sites - This Site may contain links to Web sites controlled by parties other than DSHA (the "Third Party Sites"). DSHA is not responsible for and makes no guarantees about the content or quality of the products or services provided by such sites. DSHA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DSHA of the Third Party Site.

LIMITATION OF LIABILITY - IN NO EVENT SHALL DSHA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF DSHA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification - You agree to defend, indemnify and hold harmless DSHA, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

Inappropriate Content - When accessing the DSHA website or using DSHA's services, you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that is (i) libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. DSHA reserves the right to terminate or delete such material from its servers. DSHA may cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Governing Law - By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Delaware, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in Delaware. You and DSHA agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Access - DSHA grants the user a limited right to access the DEHAP site related to the specific product. This access right will be in place until either of the following events occurs ("access period"): a) 180 days elapse following the day the user accesses DSHA, or b) the user submits the product questionnaire for processing and approved assistance is received. Upon the termination of the access period, any and all rights created for the user to access the questionnaire shall expire. If the access period lapses without submission of the product questionnaire for processing, DSHA may continue to permit continued access or process but shall have no further obligation to user including, but not limited to, providing access to the product questionnaire and delivering the product.

Authorization to share info – User authorizes DSHA and its Affiliates to release/exchange information from user's records to third party contractors, monitoring agencies, compliance or audit reviews, or service providers in order to further the purposes of the DE HAP program at DSHA’s discretion. Information provided by User may be subject to required reporting or public disclosure and User understands and consents to such use as may be required by law.

WARRANTY - THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DSHA 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, TITLE AND NON-INFRINGEMENT. DSHA MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DSHA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Acknowledgement - BY USING DSHA'S SERVICES OR ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.

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