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Terms of Use
IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS
SITE, WHICH IS PROVIDED BY THE C.D. HARTNETT COMPANY,
INC. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY The C.D.
Hartnett Company AT ANY TIME IN ITS DISCRETION. YOUR
USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.
ACCESS TO THE SITE
To access this site or some of the resources it has
to offer, you may be asked to provide certain registration
details or other information. It is a condition of your
use of this site that all the information you provide
on this site will be correct, current, and complete.
If The C.D. Hartnett Company believes the information you provide is not
correct, current, or complete, The C.D. Hartnett Company has the right
to refuse you access to the site or any of its resources,
and to terminate or suspend your access at any time.
RESTRICTIONS ON USE
You have a nonexclusive, nontransferable, limited,
revocable right to use this site solely to obtain information
about The C.D. Hartnett Company. [Note: This relates only to general information
on the website. The separate Access Agreement should
address any information to be obtained about a specific
customer by that customer.] You will not use this site
for any other purpose, including any commercial purpose,
without The C.D. Hartnett Company’s express prior written consent.
For example, you will not (and will not authorize any
other party to) (i) brand this site or any portion thereof,
or (ii) frame this site or any portion thereof, or (iii)
link to this site or any portion thereof, without the
express prior written permission of an authorized representative
of The C.D. Hartnett Company. For purposes of these Terms of Use, “co-branding”
means to display a name, logo, trademark, or other means
of attribution or identification of any party in such
a manner as is reasonably likely to give a user the
impression that such other party has the right to display,
publish, or distribute the site or content accessible
within the site. You agree to cooperate with The C.D. Hartnett Company
in causing any unauthorized co-branding, framing or
linking immediately to cease.
PROPRIETARY INFORMATION
The material and content accessible from www.The C.D. Hartnett Companyco.com
and any other World Wide Web site owned, operated, licensed
or controlled by The C.D. Hartnett Company or any of its related, affiliated
or subsidiary companies (the “Content”)
is the proprietary information of The C.D. Hartnett Company or the party
that provided the Content to The C.D. Hartnett Company, and The C.D. Hartnett Company or the
party that provided the Content to The C.D. Hartnett Company retains all
right, title, and interest in the Content. Accordingly,
the Content may not be copied, distributed, republished,
uploaded, posted or transmitted in any way without the
prior written consent of The C.D. Hartnett Company, except that you may
print out a copy of the Content solely for your personal
use, and members of the media may use Content provided
in the site’s Media Center solely for editorial
purposes. In doing so, you may not remove or alter,
or cause to be removed or altered, any copyright, trademark,
trade name, service mark, or any other proprietary notice
or legend appearing on any of the Content. Modification
or use of the Content except as expressly provided in
these Terms of Use violates The C.D. Hartnett Company’s intellectual
property rights. Neither title nor intellectual property
rights are transferred to you by access to this site.
HYPER-LINKS
This site may be linked to other sites which are not
maintained by, or related to, The C.D. Hartnett Company. Hyper-text links
to such sites are provided as a service to users and
are not sponsored by or affiliated with this site or
The C.D. Hartnett Company. The C.D. Hartnett Company has not reviewed any or all of such sites
and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user’s own
risk, and The C.D. Hartnett Company makes no representations or warranties
about the content, completeness or accuracy of these
links or the sites hyper-linked to this site. Further,
the inclusion of any link to a third-party site does
not necessarily imply endorsement by The C.D. Hartnett Company of that
site.
SUBMISSIONS
You hereby grant to The C.D. Hartnett Company the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and
display all remarks, suggestions, ideas, graphics or
other information communicated to The C.D. Hartnett Company through this
site (together, the “Submission”), and to
incorporate any Submission in other works in any form,
media or technology now known or later developed. The C.D. Hartnett Company
will not be required to treat any Submission as confidential,
unless specified otherwise in writing, and may use any
Submission in its business (including without limitation,
for products or advertising), and will not incur any
liability as a result of any similarities that may appear
in future The C.D. Hartnett Company operations.
DISCLAIMER
You understand that The C.D. Hartnett Company cannot and does not guarantee
or warrant that files available for downloading from
the Internet will be free of infection or viruses, worms,
Trojan horses or other code that may manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and
output, and for maintaining a means external to the
site for the reconstruction of any lost data. The C.D. Hartnett Company
does not assume any responsibility or risk for your
use of the Internet.
The Content is not necessarily complete and up-to-date
and should not be used to replace The C.D. Hartnett Company’s written
reports, statements and notices. Investors, borrowers
and other persons should use the Content in the same
manner as any other educational medium and should not
rely on the Content to the exclusion of their own professional
judgment. Information obtained by using this site is
not exhaustive and does not cover all issues, topics
or facts that may be relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT
IS PROVIDED “AS IS” AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED. The C.D. Hartnett Company DISCLAIMS
ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
OR NON-INFRINGEMENT. The C.D. Hartnett Company DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The C.D. Hartnett Company
DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING
USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF
ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS,
AND The C.D. Hartnett Company MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
YOU, AND NOT The C.D. Hartnett Company, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT. The C.D. Hartnett Company MAKES NO WARRANTIES THAT YOUR USE
OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS
AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether historical
in nature or forward-looking, speaks only as of the
date the information is posted on this site, and The C.D. Hartnett Company
does not undertake any obligation to update such information
after it is posted or to remove such information from
this site if it is no longer accurate or complete.
LIMITATION ON LIABILITY
The C.D. Hartnett Company, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS
AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE
OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR
SIMILAR DAMAGES, EVEN IF The C.D. Hartnett Company HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF The C.D. Hartnett Company AND ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO
The C.D. Hartnett Company FOR THE APPLICABLE CONTENT OR SERVICE OUT OF
WHICH LIABILITY AROSE.
INDEMNITY
YOU WILL INDEMNIFY AND HOLD The C.D. Hartnett Company, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS
(THE “INDEMNIFIED PARTIES”) HARMLESS FROM
ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY
USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN
THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES
WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH
OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY
AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS,
COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED
PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY
AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST
ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR
USE OF THE INFORMATION ACCESSED FROM THIS SITE.
TRADEMARKS
Trademarks, service marks and logos appearing in this
site are the property of The C.D. Hartnett Company or the party that provided
the trademarks, service marks and logos to The C.D. Hartnett Company. The C.D. Hartnett Company
and any party that provided trademarks, service marks
and logos to The C.D. Hartnett Company retain all rights with respect to
any of their respective trademarks, service marks and
logos appearing in this site.
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit
in connection with this site any material that:
you do not have the right to post, including proprietary
material of any third party;
advocates illegal activity or discusses an intent to
commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise;
infringes any intellectual property or other right of
any entity or person, including violating anyone’s
copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any
law;
impersonates or misrepresents your connection to any
other entity or person or otherwise manipulates headers
or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods
or services) except as may be specifically authorized
on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or
“Trojan horses” or any other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen
to scroll faster than other users are able to type,
or otherwise act in a way which affects the ability
of other people to engage in real time activities via
this site;
includes MP3 format files;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from
time to time regarding use of this site or any networks
connected to this site; or
contains links to other sites that contain content that
falls within the descriptions set forth above.
The C.D. Hartnett Company reserves the right to monitor use of this site
to determine compliance with these Terms of Use, as
well the right to remove or refuse any information for
any reason. Notwithstanding these rights, you remain
solely responsible for the content of your postings.
You acknowledge and agree that neither The C.D. Hartnett Company nor any
third party that provides Content to The C.D. Hartnett Company will assume
or have any liability for any action or inaction by
The C.D. Hartnett Company or such third party with respect to any posting.
SECURITY
Any passwords used for this site are for individual
use only. You shall be responsible for the security
of your password (if any). The C.D. Hartnett Company shall be entitled
to monitor your password and, at its discretion, require
you to change it. If you use a password that The C.D. Hartnett Company
considers insecure, The C.D. Hartnett Company will be entitled to require
the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities
provided in connection with this site to compromise
security or tamper with system resources and/or accounts.
The use or distribution of tools designed for compromising
security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited.
If you become involved in any violation of system security,
The C.D. Hartnett Company reserves the right to release your details to
system administrators at other sites in order to assist
them in resolving security incidents. The C.D. Hartnett Company reserves
the right to investigate suspected violations of these
Terms of Use.
The C.D. Hartnett Company reserves the right to fully cooperate with any
law enforcement authorities or court order requesting
or directing The C.D. Hartnett Company to disclose the identity of anyone
posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to
violate these Terms of Use. BY ACCEPTING THIS AGREEMENT
YOU WAIVE AND HOLD HARMLESS The C.D. Hartnett Company FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY The C.D. Hartnett Company DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER The C.D. Hartnett Company
OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS
GOVERNING LAW AND VENUE
These Terms of Use will be governed and interpreted
pursuant to the laws of the State of Texas, United States
of America, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction
in Texas in connection with any dispute between you
and The C.D. Hartnett Company arising out of these Terms of Use or pertaining
to the subject matter hereof. The parties to these Terms
of Use each agree that the exclusive venue for any dispute
between the parties arising out of these Terms of Use
or pertaining to the subject matter hereof shall be
in the state courts in Parker County, Texas and the federal
courts in Weatherford, Texas.
SEVERABILITY
If any part of these Terms of Use is unlawful, void
or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability
of any remaining provisions.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement
among the parties relating to the subject matter hereof.
Notwithstanding the foregoing, any additional terms
and conditions on the site shall govern the items to
which they pertain. The C.D. Hartnett Company can revise these Terms of
Use at any time by updating this posting.
Last updated: May 16, 2008
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