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Terms of Use
Agreement
Read This
Terms of Use Agreement Before Accessing Website.
Effective Date:
This Terms of Use Agreement was last updated on February
23, 2009.
This Terms of Use Agreement sets forth the standards of
use of the HHPage Online Service. By using the
hhpage.com website you (the “Member”) agree to these
terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately
cease all usage of this website. We reserve the right,
at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice.
Modifications shall become effective immediately upon
being posted at hhpage.com website. Your continued
use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
1. Description of Service
HHPage is providing Member with a paid service consisting
of online application allowing member to create mobile
websites and broadcast their site using broadcast text
and text on demand. Member must provide (1) all
equipment necessary for their own Internet connection,
including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees
relate with such connection.
2. Disclaimer of Warranties.
The site is provided by HHPage Inc, on an “as is” and on
an “as available” basis. To the fullest extent
permitted by applicable law, [Insert Name of Company]
makes no representations or warranties of any kind,
express or implied, regarding the use or the results of
this web site in terms of its correctness, accuracy,
reliability, or otherwise. HHPage shall have no
liability for any interruptions in the use of this
Website. HHPage disclaims all warranties with
regard to the information provided, including the
implied warranties of merchantability and fitness for a
particular purpose, and non-infringement. Some
jurisdictions do not allow the exclusion of implied
warranties, therefore the above-referenced exclusion is
inapplicable.
3. Limitation of Liability
HHPage SHALL NOT be liable for any damages whatsoever,
and in particular HHPage shall not be liable for any
special, indirect, consequential, or incidental damages,
or damages for lost profits, loss of revenue, or loss of
use, arising out of or related to this web site or the
information contained in it, whether such damages arise
in contract, negligence, tort, under statute, in equity,
at law, or otherwise, even if HHPage has been advised of
the possibility of such damages. SOME JURISDICTIONS DO
NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME
OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold HHPage, its parents,
subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due
to or arising out of Member’s use of the Service, the
violation of this Agreement, or infringement by Member,
or other user of the Service using Member’s computer, of
any intellectual property or any other right of any
person or entity.
5. Modifications and Interruption to Service
HHPage reserves the right to modify or discontinue the
Service with or without notice to the Member. HHPage
shall not be liable to Member or any third party should
HHPage exercise its right to modify or discontinue the
Service. Member acknowledges and accepts that HHPage
does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may
be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the
Internet that are owned and operated by online merchants
and other third parties. You acknowledge that we
are not responsible for the availability of, or the
content located on or through, any third-party site.
You should contact the site administrator or webmaster
for those third-party sites if you have any concerns
regarding such links or the content located on such
sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each
site, and we are not responsible therein. We encourage
all Members to review said privacy policies of
third-parties’ sites.
7.
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly
available sources. While [Insert Name of Company]
makes every effort to ensure that the information on
this website is accurate, we can make no representations
or warranties as to the accuracy or reliability of any
information provided on this website.
HHPage makes no warranties or representations whatsoever
with regard to any product provided or offered by any
Vendor, and you acknowledge that any reliance on
representations and warranties provided by any Vendor
shall be at your own risk.
8. Governing Jurisdiction of the Courts
Our website is operated and provided in the State of
Texas. As such, we are subject to the laws of the State
of Texas, and such laws will govern this Terms of Use,
without giving effect to any choice of law rules.
We make no representation that our website or other
services are appropriate, legal or available for use in
other locations. Accordingly, if you choose to
access our site you agree to do so subject to the
internal laws of the State of Texas.
9. Compliance with Laws.
Member assumes all knowledge of applicable law and is
responsible for compliance with any such laws.
Member may not use the Service in any way that violates
applicable state, federal, or international laws,
regulations or other government requirements. Member
further agrees not to transmit any material that
encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or
international law or regulation.
10. Copyright and
Trademark Information
All content included or available on this site,
including site design, text, graphics, interfaces, and
the selection and arrangements thereof is ©2009
hhpage.com, with all rights reserved, or is the property
of HHPage and/or third parties protected by intellectual
property rights. Any use of materials on the
website, including reproduction for purposes other than
those noted above, modification, distribution, or
replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without
prior written permission of an authorized officer of
HHPage is strictly prohibited. Members agree that
they will not use any robot, spider, or other automatic
device, or manual process to monitor or copy our web
pages or the content contained therein without prior
written permission of an authorized officer of HHPage.
Hand Held Page, HHPage, Inc. and hhpage.com™ are
proprietary marks of hhpage.com. HHPage’s
trademarks may not be used in connection with any
product or service that is not provided by HHPage, in
any manner that is likely to cause confusion among
customers, or in any manner that disparages or
discredits HHPage.
All other trademarks displayed on HHPage’s website are
the trademarks of their respective owners, and
constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of
trademarks or links to the web sites of Vendors is not
intended to imply, directly or indirectly, that those
Vendors endorse or have any affiliation with HHPage.
11. Notification
of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision
Act, as enacted through the Digital Millennium Copyright
Act, hhpage.com designates the following individual as
its agent for receipt of notifications of claimed
copyright infringement.
By Mail
18 Woodlake Square, Suite 426 Houston, TX 77063
By Telephone: 832-316-2531
By Email:
support@hhpage.com
12. Botnets
HHPage retains the right, at our sole discretion, to
terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and
control points for botnets, HHPage reserves the right to
direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at
our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the
other provisions (and any partially-enforceable
provision) shall not be affected thereby and shall
remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be
assigned by HHPage, in our sole discretion, to a third
party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to,
and shall not be superseded by, any other written
agreement between us in relation to your participation
as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use
and disclosure of their personally identifiable
information and other practices described in our Privacy
Policy Statement.
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