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DrHandrup.com Website Service Agreement and Terms of Use (TOU)
1. ACCEPTANCE OF TERMS
The services that Handrup & Associates provides to User is subject
to the following Terms of Use ("TOU"). Handrup & Associates
reserves the right to update the TOU at any time without notice to
User. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web
pages.
A. This Agreement, which incorporates by reference
other provisions applicable to use of DrHandrup.com, including, but not
limited to, supplemental terms and conditions set forth hereof
("Supplemental Terms") governing the use of certain specific material
contained in DrHandrup.com, sets forth the terms and conditions that
apply to use of DrHandrup.com by User. By using Handrup &
Associates (other than to read this Agreement for the first time), User
agrees to comply with all of the terms and conditions hereof. The right
to use DrHandrup.com is personal to User and is not transferable to any
other person or entity. User is responsible for all use of User's
Account (under any screen name or password) and for ensuring that all
use of User's Account complies fully with the provisions of this
Agreement. User shall be responsible for protecting the confidentiality
of User's password(s), if any.
B. Handrup & Associates shall have the right at
any time to change or discontinue any aspect or feature of
DrHandrup.com, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
2. Changed Terms
Handrup & Associates shall have the right at any time to change or
modify the terms and conditions applicable to User's use of
DrHandrup.com, or any part thereof, or to impose new conditions,
including, but not limited to, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including,
but not limited to, posting on DrHandrup.com, or by electronic or
conventional mail, or by any other means by which User obtains notice
thereof. Any use of DrHandrup.com by User after such notice shall be
deemed to constitute acceptance by User of such changes, modifications
or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, Handrup & Associates provides User with
access to a variety of resources, including download areas,
communication forums and product information (collectively "Services").
The Services, including any updates, enhancements, new features, and/or
the addition of any new Web properties, are subject to the TOU.
4. Equipment
User shall be responsible for obtaining and maintaining all telephone,
computer hardware, software and other equipment needed for access to
and use of DrHandrup.com and all charges related thereto.
5. User Conduct
A. User shall use DrHandrup.com for lawful purposes
only. User shall not post or transmit through DrHandrup.com 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, give rise to civil liability or otherwise violate any
law, or which, without Handrup & Associates 's express prior
approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a User that in Handrup &
Associates 's discretion restricts or inhibits any other User from
using or enjoying DrHandrup.com will not be permitted. User shall not
use DrHandrup.com to advertise or perform any commercial solicitation,
including, but not limited to, the solicitation of users to become
subscribers of other on-line information services competitive with
Handrup & Associates .
B. DrHandrup.com contains copyrighted material,
trademarks and other proprietary information, including, but not
limited to, text, software, photos, video, graphics, music and sound,
and the entire contents of DrHandrup.com are copyrighted as a
collective work under the US copyright laws. Handrup & Associates
owns a copyright in the selection, coordination, arrangement and
enhancement of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. User may download copyrighted material
for User's personal 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 permission of Handrup &
Associates 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. User acknowledges that it does not
acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make
available on DrHandrup.com 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 User. User 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 DrHandrup.com, User automatically grants, or
warrants that the owner of such material has expressly granted Handrup
& Associates the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate and distribute such material (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any
copyright that may exist in such material. User also permits any other
User to access, view, store or reproduce the material for that User's
personal use. User hereby grants Handrup & Associates the right to
edit, copy, publish and distribute any material made available on
DrHandrup.com by User.
D. The foregoing provisions of Section 5 are for the
benefit of Handrup & Associates, 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.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars,
photo albums, file cabinets and/or other message or communication
facilities designed to enable User to communicate with others (each a
"Communication Service" and collectively "Communication Services").
User agrees to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and
not as a limitation, User agrees that when using the Communication
Services, User will not:
- Use the Communication Services in connection with
surveys, contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, obscene, indecent or unlawful
topic, name, material or information.
- Upload, or otherwise make available, files that
contain images, photographs, software or other material protected by
intellectual property laws, including, by way of example, and not as
limitation, copyright or trademark laws (or by rights of privacy or
publicity) unless User own or control the rights thereto or have
received all necessary consent to do the same.
- Use any material or information, including images
or photographs, which are made available through the Services in any
manner that infringes any copyright, trademark, patent, trade secret,
or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted files, or any other similar
software or programs that may damage the operation of another's
computer or property of another.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless such Communication Services
specifically allows such messages.
- Download any file posted by another user of a
Communication Service that User know, or reasonably should know, cannot
be legally reproduced, displayed, performed, and/or distributed in such
manner.
- Falsify or delete any copyright management
information, such as author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or entity any directory of users
of the Services or other user or usage information or any portion
thereof.
Handrup & Associates has no obligation to monitor the Communication
Services. However, Handrup & Associates reserves the right to
review materials posted to the Communication Services and to remove any
materials in its sole discretion. Handrup & Associates reserves the
right to terminate User’s access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
Handrup & Associates reserves the right at all times to disclose
any information as it deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
in Handrup & Associates's sole discretion.
Materials uploaded to the Communication Services may be subject to
posted limitations on usage, reproduction and/or dissemination; User is
responsible for adhering to such limitations if User downloads the
materials.
Always use caution when giving out any personally identifiable
information in any Communication Services. Handrup & Associates
does not control or endorse the content, messages or information found
in any Communication Services and, therefore, Handrup & Associates
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from User’s participation in any
Communication Services. Managers and hosts are not authorized Handrup
& Associates spokespersons, and their views do not necessarily
reflect those of Handrup & Associates.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must
complete the registration process by providing Handrup & Associates
with current, complete and accurate information as prompted by the
applicable registration form. User also will choose a password and a
user name. User is entirely responsible for maintaining the
confidentiality of User’s password and account. Furthermore, User is
entirely responsible for any and all activities that occur under User’s
account. User agrees to notify Handrup & Associates immediately of
any unauthorized use of User’s account or any other breach of security.
Handrup & Associates will not be liable for any loss that User may
incur as a result of someone else using User’s password or account,
either with or without User’s knowledge. However, User could be held
liable for losses incurred by Handrup & Associates or another party
due to someone else using User’s account or password. User may not use
anyone else's account at any time, without the permission of the
account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from the Services
("Software") is the copyrighted work of Handrup & Associates and/or
its suppliers. Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is included with
the Software ("License Agreement"). An end user will be unable to
install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement
terms.
The Software is made available for download solely for use by end users
according to the License Agreement. Any reproduction or redistribution
of the Software not in accordance with the License Agreement is
expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT
ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN
THE LICENSE AGREEMENT, Handrup & Associates HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, Handrup & Associates MAY MAKE AVAILABLE AS
PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES
FOR USE AND/OR DOWNLOAD. Handrup & Associates DOES NOT MAKE ANY
ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT
THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND
UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases,
datasheets and FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and that both the
copyright notice and this permission notice appear, (2) use of such
Documents from the Services is for informational and non-commercial or
personal use only and will not be copied or posted on any network
computer or broadcast in any media, and (3) no modifications of any
Documents are made. Accredited educational institutions, such as
universities, private/public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the
classroom. Distribution outside the classroom requires express written
permission. Use for any other purpose is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
Handrup & Associates AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES
FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND. Handrup & Associates AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL Handrup & Associates AND/OR ITS RESPECTIVE SUPPLIERS BE
LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION
AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Handrup & Associates
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Handrup & Associates AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO Handrup & Associates OR POSTED AT ANY OF ITS WEBSITES
Handrup & Associates does not claim ownership of the materials User
provide to Handrup & Associates (including feedback and
suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and
collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting ("Posting") User’s Submission User is granting
Handrup & Associates, its affiliated companies and necessary
sublicensees permission to use User’s Submission in connection with the
operation of their Internet businesses (including, without limitation,
all Handrup & Associates Services), including, without limitation,
the license rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat User’s
Submission; to publish User’s name in connection with User’s
Submission; and the right to sublicense such rights to any supplier of
the Services.
No compensation will be paid with respect to the use of User’s
Submission, as provided herein. Handrup & Associates is under no
obligation to post or use any Submission User may provide and Handrup
& Associates may remove any Submission at any time in its sole
discretion. By Posting a Submission User warrants and represents to own
or otherwise control all of the rights to User’s Submission as
described in these Terms of Use including, without limitation, all the
rights necessary for User to provide, post, upload, input or submit the
Submissions.
In addition to the warranty and representation set forth above, by
Posting a Submission that contain images, photographs, pictures or that
are otherwise graphical in whole or in part ("Images"), User warrant
and represent that (a) User is the copyright owner of such Images, or
that the copyright owner of such Images has granted User permission to
use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of User’s use and as otherwise
permitted by these Terms of Use and the Services, (b) User have the
rights necessary to grant the licenses and sublicenses described in
these Terms of Use, and (c) that each person depicted in such Images,
if any, has provided consent to the use of the Images as set forth in
these Terms of Use, including, by way of example, and not as a
limitation, the distribution, public display and reproduction of such
Images. By Posting Images, User is granting (a) to all members of
User’s private community (for each such Images available to members of
such private community), and/or (b) to the general public (for each
such Images available anywhere on the Services, other than a private
community), permission to use User’s Images in connection with the use,
as permitted by these Terms of Use, of any of the Services, (including,
by way of example, and not as a limitation, making prints and gift
items which include such Images), and including, without limitation, a
non-exclusive, world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat User’s Images without having User’s name
attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding
sentences for a Images will terminate at the time User completely
remove such Images from the Services, provided that, such termination
shall not affect any licenses granted in connection with such Images
prior to the time User completely remove such Images. No compensation
will be paid with respect to the use of User’s Images.
12. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF DrHandrup.com IS
AT USER'S SOLE RISK. NEITHER Handrup & Associates, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT DrHandrup.com WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF DrHandrup.com, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH DrHandrup.com.
B. DrHandrup.com 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 THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, 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 RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT Handrup
& Associates 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 WITH USER.
D. IN NO EVENT WILL Handrup & Associates, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
DrHandrup.com OR THE Handrup & Associates SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE DrHandrup.com. USER HEREBY ACKNOWLEDGES
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE
SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER,
Handrup & Associates, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION,
FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR
UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
DrHandrup.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR
OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE
ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE
TO VERIFY PRICING OR OTHER INFORMATION. Handrup & Associates, ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.
NEITHER, Handrup & Associates, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE
FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS
REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR,
RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS,
ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE
FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK
FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING
PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY
AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A
MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS
AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL
PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS
AGREEMENT.
13. LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Handrup & Associates'S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Handrup &
Associates AND Handrup & Associates IS NOT RESPONSIBLE FOR THE
CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR
ANY CHANGES OR UPDATES TO SUCH SITES. Handrup & Associates IS NOT
RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. Handrup & Associates IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT
IMPLY ENDORSEMENT BY Handrup & Associates OF THE SITE.
Handrup & Associates is a distributor (and not a publisher)
of content supplied by third parties and Users. Accordingly, Handrup
& Associates 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, Users or any other user of DrHandrup.com, are those of the
respective author(s) or distributor(s) and not of Handrup &
Associates. Neither Handrup & Associates nor any third-party
provider of information guarantees the accuracy, completeness, or
usefulness of any content, nor its merchantability or fitness for any
particular purpose.
In many instances, the content available through DrHandrup.com
represents the opinions and judgments of the respective information
provider, User, or other user not under contract with Handrup &
Associates. Handrup & Associates neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on DrHandrup.com by anyone other than authorized Handrup
& Associates employee spokespersons while acting in their
official capacities. Under no circumstances will Handrup &
Associates be liable for any loss or damage caused by a User's reliance
on information obtained through DrHandrup.com. It is the responsibility
of User to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through Handrup
& Associates. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
Handrup & Associates OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR
CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING
CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY
ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE
PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR
DISPUTES WHEN Handrup & Associates'S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO Handrup &
Associates. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO Handrup
& Associates OR ANYONE AT Handrup & Associates. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT Handrup & Associates MAKES NO
ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS
CONFIDENTIAL OR PROPRIETARY.
15. Monitoring
Handrup & Associates shall have the right, but not the obligation,
to monitor the content of DrHandrup.com, including chat rooms and
forums, to determine compliance with this Agreement and any operating
rules established by Handrup & Associates and to satisfy any law,
regulation or authorized government request. Handrup & Associates
shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on DrHandrup.com. Without
limiting the foregoing, Handrup & Associates shall have the right
to remove any material that Handrup & Associates, in its sole
discretion, finds to be in violation of the provisions hereof or
otherwise objectionable.
16. Indemnification
User agrees to defend, indemnify and hold harmless Handrup &
Associates, its affiliates and their respective directors, officers,
employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use of Handrup &
Associates by User or User's Account.
17. Termination
Either Handrup & Associates or User may terminate this Agreement at
any time. Without limiting the foregoing, Handrup & Associates
shall have the right to immediately terminate User's Account in the
event of any conduct by User which Handrup & Associates, in its
sole discretion, considers to be unacceptable, or in the event of any
breach by User of this Agreement.
18. Miscellaneous
This Agreement and any operating rules for DrHandrup.com established by
Handrup & Associates constitute 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. This Agreement shall be construed in accordance
with the laws of the State of Illinois, without regard to its conflict
of laws rules. 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.
19. COPYRIGHT NOTICE
Handrup & Associates its logos are trademarks of Handrup
& Associates Ltd. All rights reserved. All other trademarks
appearing on Handrup & Associates are the property of their
respective owners.
20. TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners. The example companies,
organizations, products, domain names, email addresses, logos, people
and events depicted herein are fictitious. No association with any real
company, organization, product, domain name, email address, logo,
person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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