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Acceptance of Agreement.
You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site").
This Agreement constitutes the entire and only
agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to
the Site, the content, products or services
provided by or through the Site, and the subject
matter of this Agreement. This Agreement may
be amended at any time by us from time to time
without specific notice to you. The latest Agreement
will be posted on the Site, and you should review
this Agreement prior to using the Site.
Copyright.
The content, organization, graphics,
design, compilation, magnetic translation, digital
conversion and other matters related to the
Site are protected under applicable copyrights,
trademarks and other proprietary (including
but not limited to intellectual property) rights.
The copying, redistribution, use or publication
by you of any such matters or any part of the
Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials
viewed through the Site. The posting of information
or materials on the Site does not constitute
a waiver of any right in such information and
materials. Some of the content on the site is
the copyrighted work of third parties.
Service Marks.
"hallfountains.com"
and others are our service marks or registered
service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks
of their respective owners.
Limited License; Permitted Uses.
You are granted a non-exclusive,
non-transferable, revocable license (a) to access
and use the Site strictly in accordance with
this Agreement; (b) to use the Site solely for
internal, personal, non-commercial purposes;
and (c) to print out discrete information from
the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all
copyright and other policies contained therein.
No print out or electronic version of any part
of the Site or its contents may be used by you
in any litigation or arbitration matter whatsoever
under any circumstances.
Restrictions and Prohibitions
on Use.
Your license for access and
use of the Site and any information, materials
or documents (collectively defined as Content
and Materials) therein are subject to
the following restrictions and prohibitions
on use: You may not (a) copy, print (except
for the express limited purpose permitted by
Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all
or any portion of the Site or any Content and
Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop,
of as a component of, any information, storage
and retrieval system, database, information
base, or similar resource (in any media now
existing or hereafter developed), that is offered
for commercial distribution of any kind, including
through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism;
(c) create compilations or derivative works
of any Content and Materials from the Site;
(d) use any Content and Materials from the Site
in any manner that may infringe any copyright,
intellectual property right, proprietary right,
or property right of us or any third parties;
(e) remove, change or obscure any copyright
notice or other proprietary notice or terms
of use contained in the Site; (f) make any portion
of the Site available through any timesharing
system, service bureau, the Internet or any
other technology now existing or developed in
the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use
any network monitoring or discovery software
to determine the Site architecture; (h) use
any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose
of gathering information for or transmitting
(1) unsolicited commercial email; (2) email
that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner
that violates any state or federal law regulating
email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the
Site or any portion thereof, or any software
available on or through the Site, in violation
of the export control laws or regulations of
the United States.
Forms, Agreements & Documents
We may make available through
the Site or through other Web sites sample and
actual forms, checklists, business documents
and legal documents (collectively, Documents).
All Documents are provided on a non-exclusive
license basis only for your personal one-time
use for non-commercial purposes, without any
right to re-license, sublicense, distribute,
assign or transfer such license. Documents are
provided for a charge and without any representations
or warranties, express or implied, as to their
suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. The Documents
are provided as is, as available,
and with all faults, and we and
any provider of the Documents disclaim any warranties,
including but not limited to the warranties
of merchantability and fitness for a particular
purpose. The Documents may be inappropriate
for your particular circumstances. Furthermore,
state laws may require different or additional
provisions to ensure the desired result. You
should consult with legal counsel to determine
the appropriate legal or business documents
necessary for your particular transactions,
as the Documents are only samples and may not
be applicable to a particular situation. Some
Documents are public domain forms or available
from public records.
No Legal Advice or Attorney-Client
Relationship.
Information contained on or
made available through the Site is not intended
to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance
and no attorney-client relationship is formed.
We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information
contained in or linked to the Site. Your use
of information on the Site or materials linked
to the Site is entirely at your own risk. We
are not a law firm and the Site is not a lawyer
referral service.
Linking to the Site.
You may provide links to the
Site, provided (a) that you do not remove or
obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the
Site, (b) your site does not engage in illegal
or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon
request by us.
Advertisers.
The Site may contain advertising
and sponsorships. Advertisers and sponsors are
responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies
with applicable laws. We are not responsible
for the illegality or any error, inaccuracy
or problem in the advertisers or sponsors
materials.
Registration.
Certain sections of, or offerings
from, the Site may require you to register.
If registration is requested, you agree to provide
us with accurate, complete registration information.
Your registration must be done using your real
name and accurate information. Each registration
is for your personal use only and not on behalf
of any other person or entity. We do not permit
(a) any other person using the registered sections
under your name; or (b) access through a single
name being made available to multiple users
on a network. You are responsible for preventing
such unauthorized use.
Errors, Corrections and Changes.
We do not represent or warrant
that the Site will be error-free, free of viruses
or other harmful components, or that defects
will be corrected. We do not represent or warrant
that the information available on or through
the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the
features, functionality or content of the Site
at any time. We reserve the right in our sole
discretion to edit or delete any documents,
information or other content appearing on the
Site.
Third Party Content.
Third party content may appear
on the Site or may be accessible via links from
the Site. We are not responsible for and assume
no liability for any mistakes, misstatements
of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements,
opinions, representations or any other form
of content on the Site. You understand that
the information and opinions in the third party
content represent solely the thoughts of the
author and is neither endorsed by nor does it
necessarily reflect our belief.
Unlawful Activity.
We reserve the right to investigate
complaints or reported violations of this Agreement
and to take any action we deem appropriate,
including but not limited to reporting any suspected
unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing
any information necessary or appropriate to
such persons or entities relating to your profile,
email addresses, usage history, posted materials,
IP addresses and traffic information.
Indemnification.
You agree to indemnify, defend
and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors,
assigns, third party suppliers of information
and documents, attorneys, advertisers, product
and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from
any liability, loss, claim and expense, including
reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
Nontransferable.
Your right to use the Site is
not transferable or assignable. Any password
or right given to you to obtain information
or documents is not transferable or assignable.
Disclaimer.
THE INFORMATION, CONTENT AND
DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE,"
WITH ALL FAULTS, AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN
SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE OR
OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
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