Terms of Use
Updated: January 31, 2023
The following are the terms and conditions of a legal agreement between you and H&I National Limited Partnership and their affiliates, affiliated companies and/or licensees (collectively "H&I"). BY ACCESSING, BROWSING AND/OR USING THIS WEBSITE (THE "WEBSITE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEBSITE. The material provided on this Website is protected by law, including but not limited to the United States Copyright Law and international treaties. This Website is controlled and operated by H&I from its offices within the State of Illinois, United States of America. H&I makes no representation that materials in this Website are appropriate or available for use outside of the United States of America, and access to them from territories where their contents are illegal or otherwise regulated is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
1. Incorporation of the Privacy Policy. Certain features available at or through this Website may invite you to provide certain information to H&I. For example, you may elect to provide us with certain identifying information about you, including but not limited to your name, street address, telephone number, e-mail address, fax number, company name, title, and other personally identifiable information. In addition, H&I may collect certain non-personally identifiable information about you and about the equipment and communications method that you use to access the Internet and this Website. All of this information is subject to H&I's Privacy Policy. The Privacy Policy is hereby incorporated into these Terms of Use as if fully set forth herein.
2. Restrictions on Use of the Website. The copyright in all material provided on this Website is held by H&I or by the original creator of such material. Except as otherwise expressly stated herein, none of the material provided on this Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of H&I or the copyright owner. Permission is hereby granted to you to visit, view and retain a single copy of the pages of the Website for your own internal use and/or to send a single copy of one (1) individual page of the Website to a third party for the sole and limited purpose of informing that person about the services offered by H&I; provided, however, that you will use such copies of the Website in accordance with the terms set forth in these Terms of Use, and you will use your best efforts to ensure that any party to whom you send a page of the Website uses such page in accordance with these Terms of Use. This permission terminates automatically if you breach any of these Terms of Use. Upon termination of this permission, you must immediately destroy any copied or printed materials from this Website. In no event may you duplicate, download, publish, modify or otherwise distribute any material from the Website for any purpose other than those expressly provided for herein without the express written consent of H&I. You further agree that you will not create, post, display, publish or distribute any hyperlink to any page of the Website other than the Website's home page, unless specifically authorized to do so in writing by H&I. You agree not to "frame" the content of the Website at any other website for any purpose or in any manner unless specifically authorized in writing to do so by H&I. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
3. Website Security. You acknowledge and agree that you will not violate, or attempt to violate, the security of the Website. Accordingly, you agree that you will not (i) access any data or materials located on the Website which, by their nature, are not reasonably intended for your use or access, (ii) log into any server or user account associated with the Website which you are not authorized to access, (iii) transmit or relay through the Website or any associated server any spam or other broadly disseminated unsolicited e-mail, or use the Website or any associated server to "spoof" or otherwise disguise or conceal the identity of the party originating any e-mail, (iv) use the Website for any fraudulent or illegal purpose, (v) use the Website or any associated server to e-mail, upload or otherwise transmit any image, material or information which is unlawful, defamatory, tortious, libelous, harrassing, sexually explicit, obscene, or otherwise objectionable to any racial, ethnic or other group, (vi) probe, scan or test the Website or any associated server, or attempt to probe, scan or test the Website or any associated server, to assess its security features and procedures or to analyze security or authentication measures without proper authorization, or (vii) interfere with, or attempt to interfere with, any third party's use of the Website or any associated server, including without limitation any introduction of a virus or other computer program routine or engine that is intended to damage, destroy, disrupt or otherwise impair the Website or any associated server or network, and any effort to crash or disrupt the Website or any associated server or network by means of a volume of service requests in excess of the capacity of the Website or any associated server or network. Violation of a computer system or network security may result in civil or criminal liability. H&I reserves the right to investigate occurrences which may involve such violations, and to report such violations to appropriate law enforcement authorities.
4. Restriction on Spidering. H&I strictly prohibits the use of any tools, programs, robotic algorithms or products to automatically download or "spider" the Website or any of the pages of the Website. Any such use constitutes an infringement upon the intellectual property rights of H&I and its licensors. Accordingly, you acknowledge and agree that you shall not engage in any such conduct.
5. Submissions. Any messages, notes, suggestions, photographs, video clips or other material which you may submit to H&I through or in connection with the Website ("Submissions"), including through your use of any online forum or bulletin board available on the Website, will become the exclusive property of H&I. Accordingly, you acknowledge and agree that H&I shall have the right to a) publish any name and/or location included in the Submissions, and b) edit and/or publish any Submissions for any purpose, including without limitation promotional and advertising purposes, in accordance with the terms of the Privacy Policy, without compensation to you of any kind. You expressly release H&I and its successors and assigns, and their respective shareholders, directors, officers, members, managers, partners, employees, licensees, agents and representatives, from all claims which you have or may hereafter acquire in connection with the Submissions, including without limitation any such claims for copyright infringement, invasion of privacy or rights of publicity, defamation or any other cause of action arising out of the production, editing, promotion, distribution, broadcast or exhibition of the Submissions. In addition, you agree that (i) you will not transmit any Submission to H&I which infringes upon the rights of any third party, (ii) any Submission that you transmit to H&I shall be not in violation of any third party's rights, offered in good faith, and not confidential, and (iii) to the extent that any Submission which you transmit to H&I shall include any copyrightable material, you represent and warrant that you are the owner of such copyrightable material or have the right to grant H&I a license to use such copyrightable material, and you hereby grant to H&I a perpetual, irrevocable, royalty-free and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and create derivative works of such Submission in any media or medium, and in any form, format or forum now known or hereafter developed. H&I shall have the right to sublicense such rights through multiple tiers of sublicenses.
You may not post or transmit content (even if made in a joking, sarcastic or unintended manner) that, at H&I’s sole discretion, damages H&I’s reputation; is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; intimidates harasses or advocates harassment of another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
6. Disclaimer of Submission Content. You agree and understand that by using the Website, you will be exposed to messages, notes, suggestions, photographs, video clips, advertising or other material which other parties may submit to H&I through or in connection with the Website (“Submission Content”), and that H&I is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submission Content. You further understand and acknowledge that you may be exposed to Submission Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against H&I related to Submission Content and other content on the Website.
7. Copyrights and Trademarks. All content, materials, images and other copyrightable material on the Website, including without limitation text, graphics, button icons, audioclips and software, are the property of H&I, its sponsors or business affiliates, and their respective licensors, and are subject to U.S. and international copyright laws. Except to the extent expressly permitted under applicable copyright law, no copying or exploitation of the material from the Website is permitted without the express written permission of H&I. You acknowledge that you do not acquire any ownership rights in any of such copyrightable material by virtue of having downloaded such material from the Website. All copyrights not expressly granted hereunder are expressly reserved to H&I. All trademarks, service marks, logos and trade names used on this Website are proprietary to H&I or other respective owners that have granted H&I a right and license for such use, and are protected by U.S. and international trademark laws. In countries where any of the trademarks, service marks, logos and trade names used on this Website are not registered, H&I claims other rights associated with unregistered trademarks, service marks, logos and trade names. No user of this Website is granted any rights to such trademarks, service marks, logos or trade names.
8. CERTAIN DISCLAIMERS. ACCESS TO THE WEBSITE, AND ALL MATERIAL, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS. ACCORDINGLY, H&I HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND THE MATERIALS, CONTENT AND SERVICES PROVIDED AT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, OR NONINFRINGEMENT, EXCLUSIVE OF ANY SUCH WARRANTIES WHICH ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. H&I DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION PRESENTED AT THE WEBSITE WILL BE ENTIRELY ACCURATE OR RELIABLE, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H&I DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR RESULTS WHICH MAY BE OBTAINED FROM SUCH USE. YOU SHOULD VERIFY ANY INFORMATION OBTAINED FROM THE WEBSITE BEFORE ACTING UPON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU IN WHOLE OR IN PART. IN ADDITION, WHILE H&I ENDEAVORS TO PROTECT THIS WEBSITE FROM INFILTRATION BY COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER SIMILAR DESTRUCTIVE CODE PRODUCED BY THIRD PARTIES, H&I CAN NOT PROVIDE ANY ASSURANCE THAT THE WEBSITE WILL REMAIN FREE OF INFECTION FROM ANY SUCH DESTRUCTIVE CODE. ACCORDINGLY, ALL USERS OF THIS WEBSITE ARE RESPONSIBLE FOR IMPLEMENTING ADEQUATE PROTECTIONS FOR THEIR OWN COMPUTER SYSTEMS, INCLUDING APPROPRIATE FIRE WALLS, ANTIVIRUS SOFTWARE, AND DATA RECOVERY PROCEDURES. ALL USERS OF THIS WEBSITE EXPRESSLY ACKNOWLEDGE THAT THEY SHALL HOLD H&I HARMLESS FROM ANY LOSS, COST, DAMAGE, LIABILITY OR EXPRESS WHICH ANY OF SUCH USERS MAY SUFFER OR INCUR AS A RESULT OF THE PRESENCE OF ANY SUCH DESTRUCTIVE CODE AT THIS WEBSITE.
9. ENDORSEMENT DISCLAIMER. THIS WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NEITHER RELATED TO NOR MAINTAINED BY H&I. THESE LINKS ARE PROVIDED AS A SERVICE TO THE USERS OF THIS WEBSITE, AND SHOULD NOT BE CONSTRUED AS H&I'S SPONSORSHIP OR ENDORSEMENT OF ANY SUCH LINKED WEBSITE. H&I DOES NOT MONITOR THE CONTENT OF ANY SUCH WEBSITE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH WEBSITES. ACCORDINGLY, USERS OF THIS WEBSITE USE SUCH LINKS AT THEIR OWN RISK.
10. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF ANY PARTY, SHALL H&I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES BASED UPON OR RESULTING FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OPINIONS PROVIDED ON THIS WEBSITE, OR THE USE, OR THE INABILITY TO USE, THIS WEBSITE, EVEN IF H&I OR AN AUTHORIZED REPRESENTATIVE OF H&I SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT H&I IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS WEBSITE. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, IN NO EVENT SHALL H&I'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Indemnification. You agree to indemnify and hold H&I, its affiliates, and their respective employees, contractors, officers, directors, and agents (the "Indemnified Parties") harmless from and against any loss, cost, damage, liability or expense which any of them may suffer or incur as a result of your use of this Website in violation of these Terms of Use, or your infringement of any intellectual property right of any third party. You also agree to indemnify and hold the Indemnified Parties harmless to the fullest extent allowed by law regarding all matters otherwise related to your use of the Website.
12. Procedure for Making Claims of Copyright Infringement. If you believe that you have a claim of copyright infringement based upon any material accessible on or through this Website, notice of such claim should be submitted in writing to H&I's designated copyright agent as follows:
Address:
Bess Morgan
Loeb & Loeb
35 Music Square East
Nashville, TN 37203
E-mail:
bmorgan@loeb.com
Telephone:
(615) 749-8314
13. Miscellaneous Provisions. H&I reserves the right to change these Terms of Use at any time without notice. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision hereof shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions hereof. The rights to use this Website granted to you hereunder are personal to you and are not subject to transfer or assignment. Any claim relating to this Website or its use shall be subject to the exclusive jurisdiction of the federal and state courts located in Illinois, and by your use of this Website you submit yourself to the personal jurisdiction of such courts.