THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE
OF USE, PLEASE DO NOT USE THIS SITE.
General. This site is owned and operated by
HDSI Management, Inc. (referred to as "HDSI").
HDSI has the right at any time to change or discontinue
any aspect or feature of the site, including,
without limitation, the content, hours of availability,
and equipment needed for access or use of the
Equipment. You shall be responsible for obtaining
and maintaining all telephone, computer hardware
and other equipment needed for access to and use
of the site and all charges related thereto.
Restrictions on Use.
You shall use the site for lawful purposes only.
You shall not post or transmit through the site
any material which violates or infringes in any
way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages
conduct that would constitute a criminal offense,
gives rise to civil liability or otherwise violate
any law. Without HDSI's express prior approval,
you shall not post or transmit through the site
any material which contains advertising or any
solicitation with respect to products or services.
You shall not use the site to advertise or perform
any commercial solicitation, including, without
limitation, the solicitation of users to become
subscribers of other online information services
competitive with the site. Any conduct by you
that in HDSI's discretion restricts or inhibits
any other user from using or enjoying the site
will not be permitted.
The site contains copyrighted material, trademarks
and other proprietary information, including,
without limitation, text, software, photos, video,
graphics, music and sound, and the contents of
the site are copyrighted under the United States
copyright laws. You may not modify, publish, transmit,
display, participate in the transfer or sale,
create derivative works, or in any way exploit,
any of the content, in whole or in part. You may
download one copy of any copyrighted material
for your personal, noncommercial home use only.
Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded
material will be permitted without the express
written permission of HDSI and the copyright owner.
In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes
in or deletion of author attribution, trademark
legend or copyright notice shall be made. You
acknowledge that you do not acquire any ownership
rights by downloading copyrighted material.
You shall not upload, post or otherwise make available
on the site any material protected by copyright,
trademark or other proprietary right without the
express permission of the owner of the copyright,
trademark or other proprietary right and the burden
of determining that any material is not protected
by copyright rests with you. You shall be solely
liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting
material to any public area of the site, you automatically
grant, or warrant that the owner of such material
has expressly granted HDSI the royalty-free, worldwide,
perpetual, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish,
display, translate and distribute such material
(in whole or in part) and/or to incorporate it
in other works in any form, media or technology
now known or hereafter developed. You also permit
any other user of the site to access, view, store
or reproduce the material for that user's personal
use. You grant HDSI the right to edit, copy, display,
publish and distribute any material made available
on the site by you.
The foregoing provisions of Section 3 are for
the benefit of HDSI, its subsidiaries, affiliates
and its third-party content providers and licensors,
and each shall have the right to assert and enforce
such provisions directly or on its own behalf.
Disclaimer of Warranty; Limitation of Liability.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT
YOUR SOLE RISK. NEITHER HDSI, ITS AFFILIATES NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE
SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF THIS SITE, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY),
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HDSI IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT
THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
IN NO EVENT WILL HDSI, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE
IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT
LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS OR REVENUES,
LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT
ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL HDSI'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY
OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
Monitoring. HDSI shall have the right, but
not the obligation, to monitor the content of
the site [including any message boards], to determine
compliance with these conditions of use and any
operating rules established by HDSI and to satisfy
any law, regulation or authorized government request.
HDSI shall have the right in its sole discretion
to edit, refuse to post or remove any material
submitted to or posted on the site. Without limiting
the foregoing, HDSI shall have the right to remove
any material that HDSI, in its sole discretion,
finds to be in violation of the provisions hereof
or otherwise objectionable.
Indemnification. You agree to defend, indemnify
and hold harmless HDSI and its affiliates and
their respective directors, officers, employees
and agents from and against any and all claims,
actions, demands, damages, costs, liabilities,
losses and expenses (including reasonable attorneys'
fees) arising out of your use of the site.
Trademarks. The HDSI logo is a trademark of
HDSI Management, Inc. All rights reserved. All
other trademarks appearing on the site are the
property of their respective owners.
Third-Party Content. HDSI is a distributor
(and not a publisher) of content supplied by third
parties and users of the site. Accordingly, HDSI
has no more editorial control over such content
than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers,
or other information or content expressed or made
available by third parties, including information
providers and users, are those of the respective
author(s) or distributor(s) and not of HDSI. In
many instances, the content available through
the site represents the opinions and judgments
of the respective information provider or user.
HDSI neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice
or statement made on the site by anyone other
than authorized HDSI employee spokespersons while
acting in their official capacities.
Viruses. HDSI also assumes no responsibility,
and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment
or other property on account of your access to,
use of, or browsing in the Site or your downloading
of any materials, data, text, images, video, or
audio from the Site.
Export Control. Software and other materials
from this Site may also be subject to United States
Export Control. The United States Export Control
laws prohibit the export of certain technical
data and software to certain territories. No software
from this Site may be downloaded or exported (1)
into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria, or any other
country to which the Unites States has embargoed
goods; or (2) anyone on the Unites States Treasury
Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny
Orders. HDSI does not authorize the downloading
or exportation of any software or technical data
from this Site to any jurisdiction prohibited
by the United States Export Laws.
Business Associates. The business associates
of HDSI identified on this Site are independent
contractors of HDSI. The business associates are
not joint venturers or partners of HDSI. No employee
or representative of the business associates is
under the control of HDSI.
Changed Terms. HDSI has the right at any time
to change or modify the terms and conditions applicable
to use of the site, or any part thereof, or to
impose new conditions, including, without limitation,
adding fees and charges for use. Such changes,
modifications, additions or deletions shall be
effective immediately upon notice thereof, which
may be given by any means including, without limitation,
posting on the site, or by electronic or conventional
mail, or by any other means. Any use of the site
by you after such notice shall be deemed to constitute
acceptance of such changes, modifications, additions
the entire agreement of the parties with respect
to the subject matter hereof and supersede all
previous written or oral agreements between the
parties with respect to such subject matter. These
with the laws of the State of California, without
regard to its conflict of laws rules. You hereby
consent to the personal jurisdiction of the State
of California, acknowledge that venue is proper
in any state or Federal court in the State of
California, agree that any action related to these
court in the State of California, and waive any
objection that may exist, now or in the future,
with respect to any of the foregoing. No waiver
by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding
or subsequent breach or default. The section headings
used herein are for convenience only and shall
not be given any legal import.