Terms of Service

Effective Date: March 24, 2016

 

A list of recent changes can be found at the end of this document.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

 

Hanley Brady is a writer. Hanley Brady operates www.hanleybrady.com (collectively, the “Site”) and offers various products and services, including occasional newsletters (collectively, the “Services”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS OUR SERVICES.

 

  1. Acceptance of Terms

THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT www.hanelybrady.com/terms-of-service AND AS INCORPORATING THE HANLEY BRADY PRIVACY POLICY AVAILABLE AT www.hanleybrady.com/privacy AND THE HANLEY BRADY COPYRIGHT POLICY AT www.hanleybrady.com/copyright-policy (the “TERMS OF SERVICE”), ARE A LEGAL AGREEMENT BETWEEN HANLEY BRADY (“HB”, “OUR”, “WE”) AND YOU (“YOU”, “YOUR”) collectively the “Parties.”

 

YOU MUST READ AND AGREE TO THESE TERMS OF SERVICE, INCLUDING THE PRIVACY POLICY, BEFORE USING THE SITE AND/OR SERVICES CONTROLLED BY HB. BY USING THE SITE AND/OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SITE AND/OR THE SERVICES.

 

You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If You are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Site and/or the Services, as described in Section 13 (Termination and Survivability) of these Terms of Service. Your continued use of the Site and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.

 

  1. Eligibility

By using the Site and/or the Services, You represent and warrant that you (a) you are over the legal age to contract (or Your parent or guardian has consented to Your User Submission and Your use of the Site and/or the Services) and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (b) all registration information You submit to HB is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Services or the Site does not violate any applicable law or regulation.

 

  1. User Accounts

To use the Site and/or the Services, You may be required to create a user account (“Account”). If You create an Account, You agree to provide HB current, complete, true and accurate information, and to update this information should it change. HB may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.

 

Some Services may require payment of fees to HB; if You purchase any goods or services that require payment of fees to HB, You agree to provide HB (or HB’s payment agent) with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.

 

If You create an Account, You may be asked to choose a password and a user name. You agree, in the sole discretion of HB, that Your user name will not: (i) substantially infringe the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark; (ii) be offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) in any way infringe these Terms of Service; (iv) be otherwise inappropriate, regardless of HB’s ability to disallow such user names; or (v) be a name that is associated with another person, including but not limited to a celebrity or other well-known person or a HB representative.

 

You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that HB reserves the right to change, remove, alter or delete any user name at any time and for any reason in HB’s sole discretion.

 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT OCCUR IN ASSOCIATION WITH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU. You agree to notify HB immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by HB. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that HB will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by HB or another party due to someone else using Your Account or password.

 

HB RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE SITE AND/OR THE SERVICES AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. HB ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY HB, INCLUDING, WITHOUT LIMITATION, THE SITE AND/OR THE SERVICES, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT HB SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.

 

In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.

 

  1. Ownership of Content

Content” shall mean including, without limitation, data, images, drawings, photographs, video, audio, text, and any and all other material and information You see on the Site and/or the Services, whether provided by HB or by users of the Services. ALL USE OF CONTENT IS PROVIDED “AS IS” AND AT YOUR OWN RISK.

 

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS THE PROPERTY OF HB AND/OR ITS LICENSORS AND THAT YOU HAVE NO INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN ANY CONTENT, REGARDLESS OF WHETHER THAT CONTENT WAS PROVIDED BY HB, YOU, OR ANOTHER USER OF THE SERVICES.

 

You acknowledge that the Content, Services and Site and/or the Services are protected by copyrights, trademarks, and other proprietary rights owned by HB, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, HB and its licensors do not grant You any express or implied rights, and all right, title and interest that HB has in the Site and/or the Services, that are not expressly granted by HB to You are retained by HB. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without HB’s prior written permission, except that the foregoing does not apply to Your own posted submission.

 

You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Site and/or the Services.

 

You agree that any Content You submit does not create an obligation for HB to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to HB all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to HB, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in the Content.

 

  1. User Submissions

Where HB has specifically invited or requested user submitted content of any kind, HB encourages members of the public to submit such content (e.g., user generated content, postings to forums, comments on content, participation in communities) to HB that they have created for consideration in connection with the Site and/or the Services and any related programs (“User Submissions”). User Submissions remain the intellectual property of the individual user. By posting Your content on the Site and/or the Services, you expressly grant HB a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and Your name, voice, and/or likeness as contained in Your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. HB may refuse or remove User Submissions for any reason and without notice. All User Submissions are deemed non-confidential and HB shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

 

By submitting any User Submissions, you consent to the following rules:

 

  • User Submissions must not infringe on the copyright, trademark, patent or other intellectual property right of any third party. If Your User Submission is not Your original work, you must obtain all necessary permissions from any persons who contributed to or otherwise may control rights in all or part of the User Submission to submit the User Submission in accordance with these Terms.
  • User Submissions must not violate a third party’s right to privacy or publicity. You must obtain all necessary permissions from any individuals identified in or implicated by Your User Submission, including those shown in photographic content, and, in the case of minors, also from their parents or legal guardians, as appropriate.
  • User Submissions should relate to the content on the Site and/or the Services and should be intended to add to the discussion and community on the Site and/or the Services.
  • User Submissions must be respectful of others. Epithets or other language or material intended to intimidate or to incite violence are strictly prohibited. Your User Submission may not include any negative comments that are connected to race, national origin, gender, sexual orientation or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
  • User Submissions may not contain any commercial material. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity through Your User Submission. Soliciting other users to join or become members of any commercial online service or other organization is expressly prohibited.
  • Do not impersonate any other person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity.
  • Remember that forums and other areas of the Site and/or the Services are public. Do not post personal information (g., full name, password, phone number, address, email address or other personally identifiable information or contact information) in these areas.

 

All User Submissions must comply with these rules and any additional guidelines posted on the Site and/or the Services, as applicable. User Submissions do not represent the views of HB or any individual associated with HB, and HB does not control this content. In no event shall you represent or suggest, directly or indirectly, HB’s endorsement of User Submissions. HB does not vouch for the accuracy or credibility of any User Submissions, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on the Site and/or the Services. Through Your use of the Site and/or Services, you may be exposed to Content and User Submissions that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using the Site and/or the Services, you assume all associated risks.

 

  1. Removal of User Submissions

We will not monitor, edit, or disclose the contents of a user’s email unless required in the course of normal maintenance of the Site and/or the Services and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on HB or the Site and/or the Services; (2) protect and defend the rights or property of HB, the Site and/or the Services, or the users of HB; or (3) act in an emergency to protect the personal safety of our guests, the Site and/or the Services, or the public. Users shall remain solely responsible for the content of their messages and HB shall have no obligation to pre-screen any such content. However, HB shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site and/or Services. Without limiting the foregoing, HB shall have the right to remove any material that HB finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Use access to the Site and/or Services.

 

  1. Limitations

ANY USE OF THE SERVICES IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF HB’S COPYRIGHT RIGHTS IN AND TO THE CONTENT.

 

You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Site and/or Services, or any information obtained from the Site and/or the Services, without the prior express written consent of HB.

 

You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever.

 

You may not, under any circumstances, use the Content or the Services in any manner that is (i) unlawful; (ii) that could damage, disable, overburden, or impair any HB server or the network(s) connected to any HB server; (iii) that could interfere with any other party’s use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any HB server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Site and/or the Services.

 

  1. Rules Of Conduct

By way of examples and not as limitations, You agree that You may not access the Site and/or Services to:

 

(a) Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

(b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.

(c) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.

(d) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.

(e) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Site and/or Services, other users’ access to the Site and/or Services and/or other users’ computers.

(f) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.

(g) Restrict or inhibit any other user from using and enjoying the Services, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text).

(h) Violate any applicable laws or regulations, or promote or encourage any illegal activity.

(i) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Site, the Services, or the Content in any manner.

(j) Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a HB representative.

(k) Collect in any manner information regarding users of the Site and/or Services, or other user or usage information or any portion thereof, or distribute such information to any third party.

(l) Attempt to obtain passwords, other Account information, or any other private information from any other user of the Site and/or the Services, including, without limitation, the collection of personal information of others, including e-mail addresses.

(m) Make false reports to HB administrators.

(n) Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Site and/or Services.

(o) Use the Services for fraudulent transactions.

(p) Use the Services to offer to transfer, buy, auction, rent, lease, loan or sell access to Your Account.

(q) Frame or mirror any part of the Site and/or Services without HB’s express prior written consent.

(r) Institute an attack upon any server used in connection with the Site and/or Services or any portion thereof or otherwise attempt to disrupt such servers.

(s) Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Site and/or the Services or the Content.

(t) Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site, Services and/or the Content.

  1. Charges and Billing

You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars. You represent to HB that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT.

 

  1. Communications

By providing Your email address to HB and subscribing to HB communications, You understand You may receive periodic information regarding current and future services offered on the Site and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 13 (Termination and Survivability).

 

  1. Privacy/Security

You understand that any information provided by You or collected by HB in connection with Your use of the Site and/or Services will be used in the manner described in these Terms of Service and in HB’s Privacy Policy [www.hanleybrady.com/privacy-policy], such privacy policy being incorporated into and made a part of these Terms of Service by this reference. If You do not agree to the Privacy Policy you may not use the Services. Without limiting the terms of the Privacy Policy, You understand that HB does not guarantee that Your use of the Services and/or the information provided by You will be private or secure, and HB is not responsible or liable to You for any lack of privacy or security You may experience. You are fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services.

 

  1. Jurisdictional Issues and Export Control Laws

The Site and/or Services are controlled and operated by HB from its offices within the United States. HB makes no representation that Content and other materials available through the Site and/or Services are appropriate or available for use in any other locations. Those who choose to access the Site and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site and/or Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

 

The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.

 

  1. Termination and Survivability

These Terms of Service are effective until terminated. HB may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 3 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to HB at: info@hanleybrady.com,  with the subject line “Account Termination.” Such termination will not be effective until acknowledged by HB but not more than twenty (20) business days after sending such termination email.

 

The provisions of Sections 4 (Ownership of Content), 7 (Limitations), 13 (Termination and Survivability), 15 (Disclaimer of Warranty; Limitation of Liability), 16 (Indemnity), 17 (Jurisdiction and Choice of Law), and 18 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.

 

  1. Links to Third-Party Sites

The Site may link to third party sites (“Linked Sites”). These Linked Sites are not controlled by HB. HB is not responsible for the information of the Linked Sites, for the business practices or privacy policies of the Linked Sites, or for the collection, use or disclosure of any information by the Linked Sites. HB provides links to the Linked Sites only as a matter of convenience, and the inclusion of any link does not imply an endorsement by HB of any Linked Site.

 

You acknowledge and agree that HB does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Sites. You agree that Your use of the Linked Sites, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Sites, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Sites.

 

HB is not involved in any way in the actual transaction between the Linked Sites and You. HB acts solely as a passive conduit for the Linked Sites’ sales, distribution and the communication of Your information with regards to transaction with Linked Sites.

 

You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Sites’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.

 

You acknowledge that HB is not a part to any possible future disputes between You and the Linked Sites. Resolution of any dispute is the full and sole responsibility of the involved parties and HB will not act as a mediator between them. You release HB, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.

 

  1. Disclaimer of Warranty; Limitation of Liability

HB Parties” means HB and its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors).

 

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. THE SITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE) OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES OR CONDITIONS ARE LEGALLY INCAPABLE OF EXCLUSION.

 

THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS) OR INJURY CAUSE BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

 

YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HB IS TO STOP USING THE SITE AND/OR SERVICES, AND TO CANCEL YOUR ACCOUNT(S). IN NO CASE SHALL THE LIABILITY OF THE HB PARTIES TO YOU EXCEED THE AMOUNT THAT YOU PAID TO HB OR ITS DESIGNEES FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO CASE SHALL THE HB PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, SERVICES, OR THE CONTENT, OR INTERACTIONS WITH HB.

 

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF HB AND THE HB PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. HB DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SITE AND/OR SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless HB and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Site, including the Services; (b) any violation of these Terms of Service by You or through Your Account or using Your user name; or (c) any allegation that any information, messages, or materials that You make available or create through the Site and/or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

 

  1. Jurisdiction and Choice of Law

These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the State of California. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of San Diego, California without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Site and/or the Services from locations outside of California do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.

 

  1. Dispute Resolution

Any disputes between You and HB relating to Your use of the Site and/or the Services that involve a claim of less than $10,000 shall be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and HB agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Any disputes between You and HB relating to Your use of the Site and/or Services that involve a claim of more than $10,000 shall be subject to the exclusive jurisdiction of the courts of San Diego, California.

 

  1. Assignment

HB may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without HB’s express prior written consent.

 

  1. Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

 

  1. Headings & Language

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.

 

  1. Notice

Notices to You may be made via posting to the Site and/or the Services, by email, or by regular mail, in HB’s discretion. HB may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on HB’s Site and/or the Services. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

  1. Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

 

  1. Complete Agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and HB with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and HB with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.

 

  1. Notice for California Users

Under California Civil Code Section 1789.3, California Website 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, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

  1. Questions

If you have any questions, comments or complaints regarding these Terms of Service or the Site and/or Services, feel free to contact us at: info@hanleybrady.com.

 

  1. Whoopsie

Had to delete a duplicate section (above), but WordPress doesn’t auto-number sections if you delete one so…keeping this in for the sake of numbering order.

 

  1. Compliance with the Law

HB’s performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of HB’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Site and/or the Services or information provided to or gathered by HB with respect to such use.

 

A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

 

 

Outline of Changes Since Last Version of 2/5/2015:

  • Added new intro paragraph; added inclusion of Copyright Policy
  • Combined ‘Language Preference’ with ‘Headings’ section
  • Deleted a redundant section and re-labled as ‘Whoopsie’
  • Fixed minor spelling errors