Terms Of Service
ALL PERSONS
ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THIS
TERMS OF USE POLICY AND THE PRIVACY POLICY.
BY VIEWING,
VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY
BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE
AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND
THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS
UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF
YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT,
READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY
MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY
INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT
(COPA) OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR
VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY
POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE
WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION
FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
THESE TERMS
OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR
PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF
CHANGES.
PARTIES TO
THE TERMS OF USE AGREEMENT
Visitors,
viewers, users, subscribers, members, or customers,
collectively referred to herein as "Visitors," are
parties to this agreement. This website and its owners
and/or operators are parties to this agreement, herein referred
to as "Website." This Website is owned and
operated by HDR Concepts, LLC USE OF
INFORMATION FROM THIS WEBSITE
Unless you
have entered into an express written contract with this website
to the contrary, visitors, viewers, subscribers, members, or
customers have no right to use this information in a commercial
or public setting; they have no right to broadcast it, copy it,
save it, print it, sell it, or publish any portions of the
content of this website. By viewing the contents of this
website you agree to this condition of viewing and you
acknowledge that any unauthorized use is unlawful and may
subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or
portions thereof, this Website including its databases,
invisible pages, linked pages, underlying code, or other
intellectual property the site may contain, for any reason for
any use whatsoever. Visitor agrees to liquidated damages
in the amount of U.S.$100,000 in addition to costs and actual
damages for breach of this provision. Visitor warrants
that he or she understands that accepting this provision is a
condition of viewing and that viewing constitutes
acceptance.
TERMS
APPLYING TO JOINT VENTURES BROKERED BY HDR CONCEPTS,
LLC
HDR Concepts, LLC shall have full,
exclusive and complete authority and discretion in the
management and control of the business of the joint
venture and shall have the final say in any marketing
decisions affecting the business of the joint
venture. The parties to the joint venture shall
have no liability to the other for any loss suffered
which arises out of any action or inaction if, in good
faith, it is determined that such course of conduct was
in the best interests of the joint venture and such
course of conduct did not constitute negligence or
misconduct. The parties to the joint venture shall each
be indemnified by the other against losses, judgments,
liabilities, expenses and amounts paid in settlement of
any claims sustained by it in connection with the joint
venture.
The party
retaining the services of HDR Concepts, LLC shall keep adequate
books and records at its place of business, setting forth a
true and accurate account of all business transactions arising
out of and in connection with the conduct of the joint venture
and shall, at all times, make such books and records available
for review by HDR Concepts, LLC and its principles
and officers..
OWNERSHIP
OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE
The website
and its contents are owned or licensed by HDR Concepts, LLC. Material
contained on the website must be presumed to be
proprietary and copyrighted. Visitors have no
rights whatsoever in the site content. Use of
website content for any reason is unlawful unless it is
done with express contract or permission of the
website.
HYPERLINKING
TO SITE, CO-BRANDING, "FRAMING" AND REFERENCING SITE
PROHIBITED
Unless
expressly authorized by the Website, no one may hyperlink this
site, or portions thereof, (including, but not limited to,
logotypes, images, trademarks, or copyrighted material) to
theirs for any reason. Further, you are not allowed to
reference the URL (website address) of this website in any
commercial or non-commercial media without express permission,
nor are you allowed to 'frame' the site. Visitor
specifically agrees to cooperate with the Website to remove or
de-activate any such activities and Visitor be liable for all
damages. Visitor hereby agrees to liquidated damages of
US$100,000.00 plus costs and actual damages for violating this
provision.
DISCLAIMER
FOR CONTENTS OF SITE
The website
disclaims any responsibility for the accuracy of the content of
this website. Visitors assume the all risk of viewing, reading,
using, or relying upon this information. Unless you have
otherwise formed an express contract to the contrary with the
website, you have no right to rely on any information contained
herein as accurate. The website makes no such
warranty.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING
WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF
VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website
assumes no responsibility for damage to computers or software
of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is
inadvertently passed to the visitor's computer. Again,
visitor views and interacts with this site, or banners or
pop-ups or advertising displayed thereon, at his own
risk.
DISCLAIMER
FOR HARM CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk.
Website makes no warranty that downloads are free of corrupting
computer codes, including, but not limited to, viruses and
worms.
LIMITATION
OF LIABILITY
By viewing,
using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition
of the website to allow his lawful viewing, Visitor forever
waives all right to claims of damage of any and all description
based on any causal factor resulting in any possible harm, no
matter how heinous or extensive, whether physical or emotional,
foreseeable or unforeseeable, whether personal or business in
nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the Website is
required to pay for, the Visitor, as a condition of viewing,
promises to reimburse the Website for all.
SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All
submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become
the exclusive property of the Website and may be used, without
further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it wishes to
forever allow the Website to use in any manner as it sees
fit. "Submissions" is also a provision of the Privacy
Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the
consideration that the Website requires for viewing, using or
interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of
any kind (whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use
issues.
Arbitration shall be
conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is
submitted to the American Arbitration Association.
Information about the American Arbitration Association, its
rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in
the city or county of the Seller.
In no case shall the
viewer, visitor, member, subscriber
or customer have the right to go to court or have a jury
trial. Viewer, visitor, member, subscriber or customer
will not have the right to engage in pre-trial discovery except
as provided in the rules; you will not have the right to
participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited
rights of appeal.
The prevailing party
shall be reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, travel
expenses.
JURISDICTION
AND VENUE
If any matter concerning
the use of this Website shall be brought before a court of law,
pre- or post-arbitration, Viewer, visitor, member, subscriber
or customer agrees to that the sole and proper jurisdiction to
be the State of New Hampshire, United States of
America. In the event that litigation is in a federal
court, the proper court shall be the federal court in the
Northern District of Indiana.
APPLICABLE
LAW
Viewer, visitor, member,
subscriber or customer agrees that the applicable law to be
applied shall, in all cases, be that of the state of New
Hampshire, United States of America.
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