TERMS and CONDITIONS:
LEGAL NOTICE: PLEASE
READ ALL THE PROVISIONS OF THIS MEMBERSHIP AGREEMENT CAREFULLY. YOUR
ACCEPTANCE OF THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND
ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE. By joining, you become
a Subscriber and are entering into a binding and enforceable contract
with Steadfast INC., doing business as, The HDN ("Company";
"We"; "Site") and you ("Member"; "Subscriber"
; "You"; "Your") agree to be bound by these Terms
and Conditions (the "Agreement"). This agreement is subject
to change at any time, and changes may be effective without notice upon
each Subscriber.
DEFINITIONS - The term
"Site", as referred to in these terms and conditions shall
mean - the Site for which you are registering a username and password
(login) in order to gain access to that site and enjoy its contents
and benefits of membership. The "Site" shall include the owner
thereof all agents acting on its behalf. The term "Member"
or "Membership", as referred to in the terms and conditions
shall mean -The holder (Subscriber) of a valid username and password
(login) for the Site during the term of membership. Membership is non-transferable
and non-assignable. The term "Subscriber", as referred to
in the terms and conditions shall mean - The End-user, Consumer, of
the services of the Site and holder of a valid username and password
(login) for the Site. By becoming a Subscriber, you hereby authorize
the imposition of charges to your credit card or other approved facility
for all membership fees as well as for any further goods and/or services
at, through and/or from or pertaining to the site. The term "Login",
as referred to in the terms and conditions shall mean - The combination
of unique username and password that is sold by, and used to access,
the Site. A Login is a non-exclusive, non-transferable license for that
individual member, and no other, to use the Site for a period of time.
The term "Bookmarking", as referred to in the terms and conditions
shall mean - The act of placing a webpage (URL) into a temporary file
on the Subscribers browser so that the subscriber may return to that
page at a future date directly, without passing through any pages that
may have been precedent.
SUBSCRIPTION FEES - The
Subscriber is responsible for paying one time subscription fee according
to the then-current terms of the Site. Subscription fees are non-refundable
once your username and password have been used to access a Site. Unless
and until this agreement is cancelled in accordance with the terms hereof,
Subscriber hereby authorizes the Site or its billing agent, to charge
subscriber's credit card (or other approved facility) to pay for the
cost of membership. All subscriptions are single user subscriptions.
Username and passwords are not to be shared and are the responsibility
of the subscriber to keep secure.
NON-ASSIGNABILITY/THEFT OF LOGIN
- Your Membership, username and password (login), may not be assigned
or transferred to any other person or entity. Subscriber must promptly
inform the Site of any apparent breach of security, such as loss, theft,
or unauthorized disclosure or use of a username or password. Until the
Site is notified, by e-mail, or by telephone, of any breach in security,
the Subscriber will remain personally liable for any unauthorized use
of the Service. Subscriber is and shall be personally liable for, and
shall defend, indemnify and hold harmless the Site and any agency acting
on its behalf from any and all damages (including loss of profits, loss
of property, fines and penalties), losses and costs (including attorneys'
fees) resulting from any attempted or actual unauthorized downloading
or other duplication whether solely by Subscriber or with or under the
authority of any other including governmental agency. All subscriptions
are single user subscriptions. Username and passwords are not to be
shared and are the responsibility of the subscriber to keep secure.
TERMINATION/CANCELLATION
- Subscription to the Service may be terminated at any time, and without
cause, by either the Site or the Subscriber upon notification of the
other by electronic or conventional mail, by telephone, or by fax. When
termination is requested by a member, subscription fees are NOT refunded.
Subscribers are liable for charges incurred by them until termination
of service.
GRANT OF LIMITED LICENSE WITH
RESERVATIONS - Memberships to the Site are provided for personal
use by customers of the Site. As customers, visitors to the Site hereby
granted a single copy license to download (on a single computer only)
or print copies of any of the information found on the Site for personal
use only. In addition, you may not modify any of the materials found
on the Site; use them for any public display, performance, sale or rental;
remove, modify or alter any copyright or other proprietary notice or
trademarks there from; or transfer any material located on the Site
to any other person. The Site reserves the right to terminate this license
at any time if you breach the terms of this agreement, in which case
you will be obligated to immediately destroy any information downloaded,
printed or otherwise copied from the Site. Access to and use of the
Site is through a combination of a username and a password (login).
Each Subscriber must keep his or her login strictly confidential. For
security reasons, the Site will not release passwords for any reason,
to anyone other than the Subscriber, except as may be specifically required
by law or court order. Unauthorized access to the Site is a breach of
this Agreement and a violation of law.
You acknowledge and agree that all materials contained at the Site are
proprietary and constitute valuable intellectual property owned by the
Site or its administrator ("Company") or others who have licensed
use of such materials to the Company. You acknowledge and agree that
as such You may only access, view, download, receive and otherwise use
the materials available at the Site only as authorized by the Company.
You acknowledge that you understand that the Company does not authorize
access to any part of the Site in any manner contrary to the express
provisions of this Agreement.
You further represent and warrant to the Company that your agreement
to these terms and conditions constitutes an agreement that You shall
not access, or attempt to access any materials available at the Site
in a manner not expressly authorized by the Company. You agree and warrant
that You shall at no time access view download, receive or otherwise
use, or cause or enable others to access, view, download, receive or
otherwise use materials directly or indirectly in places which the Company
does not authorize such access, viewing, downloading, receipt or other
use.
You further acknowledge that you understand and agree that any and all
unauthorized access, viewing, downloading, receipt, duplication or other
use of materials from the Site, in which You are directly or indirectly
involved in an manner shall constitute intentional infringement(s) of
the Company's and potentially others' intellectual property rights and
other rights in such materials and shall further constitute a violation
of trademark and other rights including, but not limited to rights of
privacy.
BOOKMARKING - Bookmarking
to a page on the Site whereby the Warning page(s) and/or terms and conditions
are by-passed shall constitute an implicit acceptance of the terms and
conditions herein and an explicit acknowledgement of age of majority.
DISCLAIMERS
- THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY
EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR
PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE
SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE
INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE.
ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT
NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS
INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER
MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION.
THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE
INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED
PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR
INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER
ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT THE
SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM,
ERROR, OMISSION, INTERUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS
OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM
OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER
SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY
OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEEDING MONTH. SOME STATES
OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPLIERS,
LICENSEES, AGENTS OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER
OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
Subscribers are responsible for providing all personal computer and
communications equipment necessary to gain access to the Site. All materials
on the Site are proprietary, constitute valuable intellectual property,
are copyrighted and are protected under treaty provisions and worldwide
copyright laws. The Site's materials may not be reproduced, copied,
edited, published, transmitted or uploaded in any way without written
permission. Except as expressly stated in the limited license provision
of these terms and conditions, purchase of a Membership does not grant
any express or implied right to you under any of its trademarks, copyrights
or other proprietary information. Except for third party advertisements
or communications, for which neither the Site nor the Site owner, screen
nor endorse, the Site's contents are controlled and operated by the
Site owner. No representation is made that the materials available on
the Site are appropriate or available for use in other locations, and
access to them from jurisdictions where their contents are illegal is
prohibited. These terms and conditions are to be governed and construed
by California law. The application of the United Nations Convention
of Contracts for the International Sale of Goods is expressly excluded.
In the event of a dispute arising out of or relating to these terms
and conditions, or your use of or access to the Site, litigation must
be brought in state or federal court in the County of San Diego California.
If the Site enables Subscribers to share information with other Subscribers,
Subscribers agree not to submit, publish, or display on the Service
any defamatory, inaccurate, abusive, threatening, racially offensive,
or illegal material. Transmission of such material that violates any
federal, state, or local law, is prohibited and is a breach of this
Agreement. Subscribers agree not to engage in advertising to, or solicitation
of other Subscribers to buy or sell any products or services through
the Site without prior written consent. Subscribers are responsible
for information they send, or display through the Site even if a claim
should arise after termination of service. All messages shall be deemed
to be readily accessible to the general public. Do not use the Site
for any communication for which the sender intends only the sender and
the intended recipient(s) to read. Notice is hereby given that all messages
entered into this Site can and may be read by the operators of the Site,
whether or not they are the intended recipient(s).
LINKS TO THIRD PARTY SITES
- This Site may contain links to other sites which are controlled by
third parties. Those linked sites are not under the control of the Site
owner or operator and this Site is not responsible for the contents
of any linked site or any link contained in a link site. The Site is
providing those links to you only as a convenience, and the inclusion
of any link does not imply endorsement by the Site of any other linked
site.
MODIFICATION - The Site reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions at any time for any reason or no reason. Any other changes will be effective immediately once they are posted on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms and Conditions, including any changes made by the Site, as permitted above. If you desire not to be bound by any modification of these Terms and Conditions, you should stop using the website. The updated, online version of these Terms and Conditions shall supersede any prior version.
AUTHORIZATIONS AND PERMISSION FOR CONTACT - You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company's email list.