Terms and Conditions
These Terms of Use (“Terms of Use”) apply to all web sites operated and controlled by Hendricks Investment Holdings, LLC (either “we,” or “us”) or a third party agent of Hendricks Investment Holdings LLC, including this website (the “Sites”). These Terms of Use set forth legally binding terms that govern and restrict your use of the Sites. YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE AND/OR REGISTER WITH THESE SITES.
You understand and agree that the Sites are semi-public and provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Sites, the accuracy of any opinion or information contained on the Sites, or the availability and reliability of any other client software. The opinions expressed on the Sites are not necessarily the opinions of us and may or may not be totally accurate. We also reserve the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you.
1. COPYRIGHT OWNERSHIP
The Sites contain copyrighted material, trademarks and other proprietary information, including comments, articles, information, catalogs, brochures, data, text, software, photos, video and graphics (“Content”). This Content is subject to copyrights owned by Hendricks Investment Holdings LLC and other individuals or entities and is protected by United States and international copyright laws.
2. USE OF HENDRICKS INVESTMENT HOLDINGS LLC CONTENT
YOU MAY USE THE SITES AND THE CONTENT OFFERED ON THE SITES ONLY FOR PERSONAL PURPOSES. Hendricks Investment Holdings LLC authorizes you to view or download a single copy of the material on the Sites solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices that are contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of these Sites or any portion of such Content. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Sites or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate U.S. or international copyright, trademark, and/or other laws. If you violate these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
3. TRADEMARK RIGHTS
The names, trademarks, service marks, and logos of Hendricks Investment Holdings LLC belong exclusively to Hendricks Investment Holdings LLC and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on these Sites confers on you any license or right under any patent or trademark of Hendricks Investment Holdings LLC or any third party.
4. LICENSE GRANT
If you make any submission to or communications on the Sites, you automatically grant, or warrant that the owner of such content has expressly granted Hendricks Investment Holdings LLC, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Hendricks Investment Holdings LLC may sublicense its rights through multiple tiers of sublicenses.
5. DISCLAIMER OF WARRANTIES
THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED “AS IS.” HENDRICKS INVESTMENT HOLDINGS LLC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. HENDRICKS INVESTMENT HOLDINGS LLC DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HIH LLC OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of Hendricks Investment Holdings LLC, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, Hendricks Investment Holdings LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.
WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, HENDRICKS INVESTMENT HOLDINGS LLC DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL HENDRICKS INVESTMENT HOLDINGS LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITES.
6. LIMITATION OF LIABILITY
In no event shall Hendricks Investment Holdings LLC, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Sites be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Sites, the Content or any communications of the Sites, whether based on warranty, contract, tort, or any other legal theory, and whether or not Hendricks Investment Holdings LLC is advised of the possibility of such damages. Hendricks Investment Holdings LLC is not liable for any personal injury, including death, caused by your use or misuse of the Sites or Content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH HENDRICKS INVESTMENT HOLDINGS LLC IS TO DISCONTINUE YOUR USE OF THE SITES OR ANY SERVICE OFFERED BY HENDRICKS INVESTMENT HOLDINGS LLC. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
7. INDEMNIFICATION
By using the Sites you agree to indemnify and hold Hendricks Investment Holdings LLC, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Sites.
8. PASSWORDS
Certain parts of the Sites may require a password to enter. Users agree that they are responsible for all acts or omissions that occur on their account while their password is being used. Hendricks Investment Holdings LLC reserves the right to access and disclose any information, including, without limitation, user names of accounts and other information, to comply with applicable laws and lawful government requests.
9. PRIVACY
We collect personal information on the Sites, which is subject to the terms of our privacy statement, located here.
10. LINKS TO EXTERNAL SITES
The Sites may contain links to other web sites. We are not responsible for the availability of these external sites nor do we endorse the activities or services provided by these web sites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external web sites.
12. CHOICE OF LAW
You agree that the laws of the State of Maryland govern this contract and any claim or dispute that you may have against us, without regard to Maryland’s conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Maryland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF MARYLAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF MARYLAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
13. TERMINATION
We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, and 12 shall survive termination of these Terms of Use.
Effective Date: May 26, 2009
