1. Agreement Between User and HGI: This is a binding agreement between The Howard Group, Inc. (HGI), and you, the user. HGI’s Web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using HGI’s Web site you confirm your acceptance of, and agree to be bound by, this agreement and all such terms, conditions and notices.
3. HGI Web Site Usage: As a condition of your use of the HGI Web site, you represent and warrant to HGI that you will not use the HGI Web site for any unlawful purpose or in any manner prohibited by this agreement’s terms, conditions and notices. In particular, you represent and warrant that you will comply with all laws and regulations that govern confidential, copyrighted, and trademark information, including without limitation gathering, transmitting, using, disclosing, or storing such information.
You represent and warrant that you will not use the HGI Web site in any manner which could damage, disable, overburden or impair the HGI Web site or interfere with any other party’s use and enjoyment of the HGI Web site. By way of an example, and not as a limitation, you agree that when using HGI’s Web site you will not:
- violate any applicable laws;
- upload information that contains material protected by intellectual property laws, including, without limitation, material protected by patent, copyright, trademark (such as HGI’s name and logo), or trade secrets or by rights of privacy of publicity unless you own or control the rights hereto or have received all necessary consents;
- falsify or delete author attributions, legal, or other proper notices or proprietary designations indicating the origin or source of information that is uploaded or downloaded from HGI’s Web site;
- upload viruses, corrupted files, or any other software or information that may damage the operation of another’s computer or network.
4. Copyright and Trademark Ownership, Notices and Infringement:
Copyrights — All contents of the HGI Web site are: Copyright © 2010 The Howard Group, Inc., All Rights Reserved.
The content of the HGI Web site is proprietary to HGI and is protected by the copyright laws of the United States and other countries. The compilation of the content on the HGI Web site is the exclusive property of HGI and is protected by the copyright laws of the United States and other countries.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the HGI Web site without prior written permission of HGI. For information, address The Howard Group, 6721 West 121st Street, Suite 110, Overland Park, KS 66209.
Any rights not expressly granted herein are reserved.
Trademarks: Nothing in this agreement or its performance shall grant you any right, title, interest, or license in or to HGI’s names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
5. Links to Third-Party Web Sites: HGI’s Web site may contain links to third-party Web sites. The third-party Web sites are not under the control of HGI, and HGI is not responsible for the contents of any third-party Web site, and the inclusion of any link is as a convenience and does not imply endorsement by HGI of the site or any association or relationship with its operators.
6. Professional Advice: The information and materials available through the HGI Web site is for information and educational purposes only. Your reliance upon information and materials obtained by you at or through the HGI Web site is solely at your own risk.
7. General Disclaimers, Exclusion of Damages, and Limitation of Liability: The information, products and services included in or available through the HGI Web site may include inaccuracies or typographical errors. HGI may make improvements and/or changes in the HGI Web site at any time. Advice received via the HGI Web site should be used only for informational and educational purposes.
HGI makes no representations about its Web site, including without limitation HGI Web site’s suitability, reliability, availability, timeliness and accuracy of the information, materials, products, services, and graphics. HGI provides HGI’s Web site, including without limitation all information, materials, products, services and graphics “as is” without warranty of any kind.
Your sole and exclusive remedy if you are dissatisfied with any portion of the HGI Web site and its contents is to discontinue using it. HGI in no event under any circumstances whatsoever shall be liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever, including without limitation damages for loss of use, data, opportunities, income, or profits arising out of or in any way connected with the use or performance of the HGI Web site, with the delay or inability to use the HGI Web site, the provision of or failure to provide services, or for any information, materials, products, services, and graphics obtained through the HGI Web site, security breaches, or otherwise arising out of the use of the HGI Web site, whether based on contract, tort, negligence, strict liability, or otherwise, even if HGI has been advised of the possibility of damages.
Also in particular, in no event shall HGI be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of in connection with the information provided on HGI’s Web site, including without limitation in connection with the use of advice, techniques or procedures discussed on the HGI Web site.
8. Indemnity: You agree to indemnify HGI from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of HGI’s Web site, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights.
9. Governing Law: This agreement is governed by the laws of the State of Kansas. You hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of HGI’s Web site.
10. Construction: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation 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 the agreement shall continue in effect.
11. HGI Contact Information:
The Howard Group, Inc.
6721 West 121st Street
Overland Park, KS 66209