1. Acceptance of Terms and Modifications
(b) We reserve the right, in our sole discretion, to change this Use Agreement at any time by posting revised terms on the Website. Any changes made will apply prospectively. It is your responsibility to check periodically for any changes we may make to this Use Agreement. Your continued use of this Website following the posting of changes to this agreement or other policies means you accept the changes. In the event we make material changes to the Use Agreement, notice of these changes will be posted on the Website’s homepage and the revised agreement will take effect thirty days after their publication on this site.
2. Limitation of Warranties and Liability
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK; (ii) THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS, SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SITE.
(b) YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS (COLLECTIVELY THE “HF UMBRELLA”) 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE PRODUCT; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) OR ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; or (v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
(c) YOU ACKNOWLEDGE THAT WE HAVE NO LIABILITY FOR ANY ACTS TAKEN BY THIRD PARTIES, INCLUDING THIRD PARTIES WE MAY SHARE YOUR INFORMATION WITH AND/OR WHO MAY CONTRACT WITH YOU AS A RESULT OF YOUR USE OF THIS SITE.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
HF grants eligible users a limited, revocable, nonexclusive license to access the Website for their own non-commercial personal use and in no way does this Use Agreement transfer any right, title, or interest in the Website(s) or the Content to you, and HF and its affiliates retain all of their respective right, title and interest to the Website(s) and the Content.
Except as expressly provided herein, nothing contained in this Use Agreement shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the content under any copyright, patent, trademark or other intellectual property right. No other use of the Website is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, users may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Website or any portion thereof without our prior written consent in each instance.
You agree to indemnify, defend and hold harmless HF for any and all unauthorized uses you may make of any material on the website. You acknowledge the unauthorized use of the contents could cause irreparable harm to HF and that in the event of an unauthorized use, HF shall be entitled to an injunction in addition to any other remedies available at law or in equity.
If you are someone who engages in the practice of registering for websites for the purpose of generating future lawsuits or demands or have filed any lawsuits or made any legal demands based on other website terms or email or other communications you may have received from them or have or seek to enter false information via this website – please go away as you are not welcome here. We are risking our own time and money to provide a service to consumers not to reward parasitic behavior. If you fit into the class of people described in this paragraph, please understand that we would only grant you access to the website on a fee per access basis of $400 per hour with a minimum fee of $100 per access by you. You acknowledge that this charge is reasonable and may be asserted as an offset to any claim asserted by you.
4. Copyright and Trademarks
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of HF, or to another party that has licensed their material to HF and is protected by United States and international copyright laws. The content of this website is not intended to be a comprehensive compilation of all HF worldwide proprietary ownership rights, and HF may own or control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of HF. All rights not expressly granted are reserved. HF’s trademarks and trade dress may not be used in connection with any product or service that is not HF’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits HF.
COPYRIGHT COMPLAINT PROCEDURE
If a party believes in good faith that materials hosted by us infringes your copyright or intellectual property rights, please notify HF’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), firstname.lastname@example.org or to the attention of Copyright Agent at Internet Law Center, 100 Wilshire Blvd, Suite 950, Santa Monica, CA 90401. Please provide our Agent the following information in the following format (including Section Numbers):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A copy of this legal notice may be sent to a third-party which may publish and/or annotate it. As such, your letter (with your personal information removed) may be forwarded to Chilling Effects (http://www.chillingeffects.org) for publication. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
5. Third Party Links
(a) The Website may contain links to third party websites. These links are provided as a convenience to you. HF is not responsible for the content of such third party websites or any other sites or any products or services that may be offered through such third party websites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. You should be aware that different terms and conditions (including privacy practices) may apply to your use of any linked sites. HF is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
(b) HF permits third party links to the Website provided that the linking site does not (i) replicate HF content or use any logos without permission; (ii) create a browser or border environment around HF content; (iii) imply any endorsement from HF or otherwise misrepresent its relationship with HF; or (iv) contain content that could be construed as distasteful, offensive or controversial or inappropriate.
(c) From time to time, the Website(s) may make offers of Third Parties (“Third-Party Offers”) available to you. Such Third-Party Offers are not under the control of HF, and you acknowledge that HF is not responsible for the fulfillment or any other aspect of such Third Party Offers.
Parents should always supervise their children while online. HF’s website is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this website (no matter how precocious, intelligent or mature you, as parents, believe them to be).
7. Foreign Users
HF makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.
Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with HF, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall HF be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Residents of Quebec/ Les Habitants de Québec:
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
This Agreement shall be governed by the laws of the State of California without reference to its conflict of laws principles and shall not be governed by either (i) Section 1283.1 of the California Code of Civil Procedure or (ii) the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded. Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in Newport Beach, California in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and you hereby consent to such exclusive venue and jurisdiction of the AAA and state and federal courts of Orange County, California. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of Orange County Small Claims court; or (v) to enforce any decision of the arbitrator, including the final award.
This Agreement constitutes the entire agreement between HF and you concerning your use of the Website and supersedes all prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of HF. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
By affirmatively ordering HF products, you consent to receive all communications, including agreements, notices, legally-required disclosures and other information relating to the Website(s) or HF products electronically from HF. You agree that HF may send you electronic notice by e-mail and/or by notice on the Web Website(s). You may withdraw your consent to receive notices electronically by contacting: email@example.com
All notices to Hitfigure shall be given by postal mail or email (with a copy by postal mail) to:
2115 Harbor Boulevard
Costa Mesa, CA 92627
Notice for California Users. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, 94203
NOTICE OF ARBITRATION AGREEMENT:
This agreement provides that all disputes between you and HF will be resolved byBINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT).
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT.
Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEWBY A COURT.
Review Section 9 above, or visit http://www.adr.org/consumer_arbitration
10. Your Posts
You are solely responsible for the content that you post on HF (“Your Content”) and by posting any content on the Website you automatically grant, and represent and warrant that you have the right to grant, to HF an irrevocable, perpetual, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform (including by means of a digital audio transmission), and otherwise use Your Content and to prepare derivative works of, or incorporate into other works, Your Content, and to grant and authorize sublicenses of the foregoing. In addition, you represent and warrant that you have the right to post Your Content and you will not post content prohibited under this Use Agreement.
11. Code of Conduct
By using the Website, you agree not to engage in any offensive, unlawful or disruptive conduct (or to encourage or facilitate offensive, unlawful or disruptive conduct) or use the site for commercial purposes
By way of example, and without limitation, the following are prohibited under the Code of Conduct: Transmitting or posting any message or content which as determined by HF in its sole discretion (i) is unlawful, threatening, abusive, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law; (ii) includes photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter; (iii) violates the copyright, trademark or other intellectual property rights of any other person; (iv) improperly assumes or claims the identity, characteristics or qualifications of another person; (v) is for purposes of spamming; contain any virus or other harmful component; (vi) is libelous, hateful, embarrassing to any other person or entity or knowingly false or an invasion of privacy or publicity rights or any other third party rights; (vii) is for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations; (viii) involves any illegal substances, (ix) contains viruses, worms, Trojan horses or any other contaminating or destructive features; or (x) interferes with the administration of or users’ enjoyment of the Website.
Click Here to report any violations of these Usage Rules.
12. Regulating Website Usage
You understand and agree that HF has no obligation to, but may in its sole discretion review any content that is posted on the Website and delete or refuse to publish any content that it believes violates the Code of Conduct or any other any provision of these Terms and Condition. We reserve the right to suspend or ban any user, at any time, for any reason (or no reason at all) with or without notice or to discontinue any aspect of the Website at any time. In other words, behave yourself, we’ll be watching.
Information Collection and Use
Sharing Your Information
In the event that HF is acquired by or merged with a third party entity, we reserve the right and you consent, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Information is treated, transferred, or used.
If you wish to be removed from our database please contact us at firstname.lastname@example.org.
Third Party Links
The HF Web Sites may contain links to other sites and we will, on occasion, create relationships or associations with third party companies, where we host their content, or vice versa. Please be aware that HF or any of its affiliated companies are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the HF Web Sites and to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by the HF Web Sites.
We use industry standard security measures for the HF Web Sites. No transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us.