WEBSITE TERMS AND CONDITIONS OF USE
This Website Terms and Conditions of Use Agreement (“Agreement”) governs the use of this Internet website for users (“you” or “your”), as well as use of any related websites that link to this Agreement, and further as well as any related applications, mobile platforms, services, tools, modules, remote services and/or servers (collectively, the “Website”) that are operated by, under the control of, or otherwise for the direct benefit of Hart Vida & Partners (“HV&Partners” or “us”, “our” or “we”). Please read this Agreement carefully as it is binding between you and HV&Partners, and is subject to change without notice, at our sole discretion. Please refer to www.hvandpartners.com/terms for updates to this Agreement, which will be posted from time to time. By accessing the Website, you hereby agree to be bound by all terms and conditions set forth in this Agreement. If you do not agree and/or do not comply with any of the terms and conditions set forth herein, you are not permitted to access the Website, nor to use any of the content provided on the Website.
1. GENERAL INFORMATIONSubject to this Agreement, HV&Partners permits all users with access to and use of portions of the Website including, but not limited to, case studies, current events, reports, articles, and various forms of media. Some features or functionality of the Website, however, may be restricted to registered users and/or clients of HV&Partners. For more information about registration, please see the Account Registration section of this Agreement. HV&Partners reserves the right to suspend access to any or all parts of the Website at any time without notice.
2. AGE RESTRICTIONThe Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website.
3. ACCOUNT REGISTRATIONAccess to restricted features, such as the client portal linked from the Website, may be provided for those users that register for an account with us or a third-party partner. Registering for an account may include selecting a user account name and/or password. Your account name and password are personal to you, and you are responsible for maintaining the confidentiality and use thereof, and for all activities (including commercial and non-commercial transactions) that are conducted through your account. You agree that the HV&Partners shall not be responsible or liable for any harm related to the use or disclosure of your username and/or password. You may not use another user’s username and password to access someone else’s account. If you discover that someone has used your account or are otherwise aware of a security breach in connection with your account, you agree to notify HV&Partners in writing and to change your username/password immediately. You acknowledge that any access and all use of any restricted features of the Website, whether provided by us or by one or more third-party partners on our behalf, shall also be governed by this Agreement.
4. WEBISTE CONTENT OWNERSHIPThe Website includes content (“Website Content”) such as case studies, current events, reports, news articles, and other media, provided by HV&Partners and/or one or more third-party partners. In addition, the Website Content may include various forms of intellectual property, including trademarks, logos, URLs, domain names, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, program code or software. You agree and acknowledge that the Website Content is owned by HV&Partners and/or its licensors, and that your use of the Website does not grant you any rights, including ownership or use outside of the Website, in the Website Content.
5. INTELLECTUAL PROPERTYExcept where expressly stated otherwise, the Website and the Website Content are protected by applicable intellectual property law, including copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws. Solely as permitted by this Agreement, HV&Partners grants to you a limited, revocable, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or interact with the Website and Website Content. This license granted to you is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions this Agreement, and exists only so long as you strictly agree and comply with the terms and conditions in this Agreement. Such terms and conditions include, but are not limited to, your agreement to refrain from engaging in any of the Prohibited Actions, as defined herein. Any use of the Website or Website Content by you, or anyone acting on your behalf, that engages in any of the Prohibited Actions violates and/or exceeds the scope of the license granted to you herein, and may constitute unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Website and Website Content, which infringes legal rights of HV&Partners and/or its partners.
6. SUBMISSIONSHV&Partners appreciates hearing from the community and welcomes your comments. If you do submit comments, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that HV&Partners have specifically requested. You agree that HV&Partners, is under no obligation to maintain the confidentiality or secrecy any submitted comments and may, at its sole discretion, disclose any submitted comments to third parties. Further, HV&Partners shall not be liable for any use or disclosure of any comments that you provide and HV&Partners shall be entitled to unrestricted use of any comments provided via the website for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
7. GEOGRAPHIC SCOPEThe Website is directed to people residing in the United States and its territories. HV&Partners does not represent that any Website Content available on or through the Website is appropriate or available in other locations. If you choose to access the Website from outside the United States, you do so at your own risk, and HV&Partners shall not be liable for any use or access of the Website from outside the United States.
9. DISCLAIMERHV&Partners takes pride in its work, and the information published on the Website is believed to be accurate and reliable. The Website is provided for informational purposes only, and is not intended to substitute for obtaining professional accounting, tax, or financial advice. HV&Partners does not warrant or make any representation as to the completeness, timeliness or accuracy of any information provided in the Website. You should consult tax, legal and/or accounting advisors before engaging in any transaction, and any access, use, and reliance upon the Website is done at your own risk. Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Furthermore, the information on the Website is not intended as an offer or solicitation of advice of any form, in any jurisdiction. Any U.S. federal tax information contained in the Website is not tax advice, and is not to be used for the purpose of avoiding penalties under U.S. federal tax law. Please seek the advice of a licensed tax attorney or other professional when evaluating any content provided by the Website.
10. PROHIBITED ACTIONSYour authorization to access and utilize the Website is revoked automatically and immediately upon you, or a third-party acting on your behalf, undertaking, or attempting to undertake, any of the following prohibited actions (“Prohibited Actions”):
- using the Website for any purpose that is unlawful in any applicable jurisdiction in the U.S. or that is prohibited by the terms of this Agreement;
- using the Website for any purpose other than for personal, non-commercial use;
- copying, reproducing, duplicating, exploiting, modifying, adapting, translating or creating derivative works based upon any portion of the or any portion of the Website;
- selling, trading, or distributing the Website;
- modifying the Website in any manner or form, or using modified versions of the Website, for any reason including without limitation to obtain unauthorized access to the Website;
- Interfering with, damage, impair, or disable the operation of the Website by any means;
- disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms (“PCMs”), or any other malicious or invasive code or program or uploading or transmitting any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices;
- removing, circumventing, disabling, damaging or otherwise interfering with any security-related features of the Website, features that prevent or restrict the use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website;
- gaining unauthorized access to the Website, other accounts, computer systems or networks connected to the Website, through hacking, password mining or any other means;
- interfering with the proper working of the Website or any activities conducted on the Website;
- obtaining any materials or information through any means not intentionally made available through the Website;
- using any automated means to access the Website for any purpose without the express written consent, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Website;
- using any names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without express written consent;
- removing, altering, or obscuring any trademarks, copyright, or any intellectual property or proprietary rights notices from any Website, including any copy thereof;
- reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any Website or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- posting or transmitting to us materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic, “spam” or otherwise objectionable; and/or
- contacting us using a false email address or otherwise attempt to mislead us as to the origin of any communication.
12. TERMINATIONHV&Partners reserves the right, in its sole discretion and for any or no reason, to terminate your access to the Website at any time, with or without notice, without liability to you or any third party. Furthermore, you acknowledge that any attempt to access the Website subsequent to:
- a notification of a violation of the terms of this Agreement; or
- a termination of access; or
- engaging in Prohibited Actions may constitute unauthorized access under 18 U.S.C § 1030 (Computer Fraud and Abuse Act).
13. NO WARRANTIESTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HV&PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HV&PARTNERS OR THROUGH THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS. THE USE OF THE WEBSITE, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HV&PARTNERS AND ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT (A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED; (B) THE USE OR THE RESULTS OF THE USE OF THE WEBSITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR (C) THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HV&PARTNERS, OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE THE WEBSITE, ANY THIRD PARTY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER THIRD PARTY WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
15. INDEMNIFICATIONIf anyone brings a claim against us related to your use of the Website, or your violation of the terms of this Agreement, you agree to indemnify, defend and hold HV&Partners and its affiliated companies, and each of its officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). HV&Partners reserves the right to take exclusive control and defence of any claim, and you will cooperate fully with HV&Partners in asserting any available defenses.
16. PARTIAL INVALIDITYIf any provisions or terms of this Agreement are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
17. APPLICABLE LAW AND JURISDICTIONAny claim relating to your use of the Website shall be filed in a federal or state court located within New York County, New York, and you consent to the jurisdiction of those courts for such purposes.
If you have any questions about this Agreement, please do not hesitate to contact us at firstname.lastname@example.org.