TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY. BY DOWNLOADING OR USING THE WEBSITE AND/OR APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED OR REFERENCED HEREIN. THESE TERMS ARE IN ADDITION TO THE PROVISIONS OF THE SUBSCRIBER AGREEMENT at [link]. TO THE EXTENT THAT THE PROVISIONS HEREIN ARE CONTRADICTORY OR CONFLICT WITH THOSE OF THE SUBSCRIBER AGREEMENT, THESE TERMS SHALL CONTROL.
The following terms shall have the meanings set forth below:
USE OF WEBSITE AND/OR APPLICATION
Please review these Terms periodically, since they may change. Your continued use of the Application and/or Website shall be deemed to be acceptance of any such modifications or revisions.
By using the Application and/or Website, you represent that you are eighteen (18) years of age or older and you consent to the information collection and use practices described herein. The Hartman Group, Inc., a Washington corporation (the “Company”), is granting you a limited license to use the Application and/or Website. This license is revocable at any time and may not be sub-licensed by subscribers to another party. Any use of the Application and/or Website and any materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. You are not receiving a license with respect to any of other property, services, or products of the Company. Once accepted, the license forms a binding agreement directly between you and the Company governing your use of the Application and/or Website. Whether or not the Application and/or Website is limited by security technology, you shall use the Application and/or Website in compliance with the applicable usage rules established by the Company and the party hosting the Website and/or Application, and that any other use of the Application and/or Website is prohibited. Any security technology utilized by the Company or the party hosting the Website and/or Application shall be deemed an inseparable part of the Application and/or Website. The Company reserves the right, at any time and in its sole discretion, to terminate or modify the usage rules and/or your license to use the Application and/or Website, as well as block or prevent your access to and use of the Application and/or Website.
If you breach these Terms, you shall be liable to the Company, its licensors, and its representatives for any claim arising out of your breach. You will also be liable for any action taken by the Company as part of its investigation of a suspected violation of these Terms, or as a result of its findings or decision that a violation of these Terms has occurred. You acknowledge that the information provided by this Application and/or Website is dependent upon third party data and contributions, that there are certain limitations to the accuracy or currency of such information, that is available to the general public, as well as the fact that the information on the Application and/or Website may not be wholly current or contain errors, omissions or misinterpretations of information. You further acknowledge that the information contained in the Application and/or Website is based on the data obtained by or submitted to Company, which may be incomplete or inaccurate, and may rely on automated interpretations of the information gathered by or submitted to the Company.
NOTE: Employees of the Company are not permitted to become a subscriber, claim gifts, or participate in any paid research activities related to the Application and/or Website.
You are solely responsible for your use of any interactive areas on the Application and/or Website and agree to use them at your own risk. You acknowledge and agree that any materials, including but not limited to videos, photographs, images, questions, comments, feedback, original or creative materials or other information, provided by you in the form of an upload or other submissions to the Company, or any postings on the Application and/or Website, are non-confidential and do not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Application and/or Website any content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, disparaging, fraudulent or otherwise objectionable; content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law; content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or contain viruses, malware, spyware, corrupted data or other harmful, disruptive or destructive files. The Company reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. The Company has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Application and/or Website, to investigate any reported or apparent violation of these Terms, and to take any action that the Company in its sole discretion deems appropriate, including, without limitation, termination hereunder or under its general policies.
THIRD PARTIES AND THIRD PARTY CONTENT
The Company or users may provide links to websites and content of third parties or allow users to post their content or third party content to the Application and/or Website (such content is collectively referred to as “Third Party Content”). The Company does not monitor or have any control over any Third Party Content or third party websites. Company does not endorse or adopt any Third Party Content or third party website and can make no guarantee as to its accuracy or completeness. The Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party websites. Users use these links, Third Party Content and third party websites at their own risk. Reference to any third parties or Third Party Content does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
You agree not to violate, circumvent, data mine, reverse-engineer, decompile, disassemble, or otherwise tamper with any element of the Application and/or Website or the related software code, security technology or framework, or to attempt or assist another person to do so. Compliance with the usage rules may be controlled and monitored by the Company, and the Company reserves the right to enforce the usage rules without notice to you.
The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of all materials you submit for any purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent that the Company is prohibited by law from owning such property, you grant the Company an irrevocable worldwide, perpetual, royalty-free, nonexclusive license to use such materials as part of the Application and/or Website and/or in relation to its other products or applications, without any compensation or obligation to you. You agree that the Application and/or Website, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Application and/or Website, contains proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to any copyrights, patents, and trademarks. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Application and/or Website in compliance with these Terms and the usage rules. No portion of the Application and/or Website may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Application and/or Website in any manner, and you shall not exploit the Application and/or Website in any unauthorized manner whatsoever, including, but not limited to, by trespass or encumbering network capacity.
Notwithstanding any other provision of these Terms, the Company and its licensors reserve the right to update, change, suspend, remove, or disable access to any of the Application and/or Website, or any of the Company's applications, content, or other materials without notice. In no event will the Company be liable for making these changes. The Company may also impose limits on the use of or access to certain features or portions of the Application and/or Website, in any case and without notice or liability. The Company and/or its licensors own all copyrights with respect to the Application and/or Website, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources. The use of any part of the Application and/or Website, except for the licensed use of the Application and/or Website as permitted herein, is strictly prohibited and may infringe on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
As a provider of interactive services, the Company is not liable for any statements, representations, responses, comments or other content provided by its users in any review, forum, question, answer or other interactive area. You understand that by using the Application and/or Website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Application and/or Website at your sole risk and the Company shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Application types and descriptions are provided for convenience, and you agree and acknowledge that the Company does not guarantee their accuracy. The failure of the Company to remove any information you may perceive as objectionable shall not be construed to be a waiver or relinquishment of the Company's rights nor shall it imply that the Company condones, endorses, or agrees with such material.
You hereby agree to defend, indemnify and hold harmless Company, its directors, officers, shareholders, employees, representatives, successors, and assigns from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content or information that you post, store or otherwise transmit on or through the Website or the use of or inability to use the Website and/or Application, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the user content, subscriber conduct, your violation of the Terms and/or Subscriber Agreement, or your violation of the rights of any third party.
DISCLAIMER OF WARRANTIES
THE APPLICATION AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE APPLICATION FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE APPLICATION AT ANY TIME FOR TECHNICAL OR OPERATIONAL REASONS AND WILL, TO THE EXTENT REASONABLY PRACTICABLE, NOTIFY YOU OF THIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, PROVIDER PROFILE INFORMATION, CONTENT OR MATERIALS IN THE APPLICATION AND/OR WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT APPLICATION MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE WEBSITE, OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE APPLICATION OR AGAINST INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
LIMITATION OF LIABILITY OF COMPANY
IN NO EVENT SHALL THE COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THE PARTIES ARE APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, OR ANY OTHER DAMAGES OF ANY KIND INCURRED BY THE USER HEREOF, (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE APPLICATION AND/OR WEBSITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APPLICATION AND/OR WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY OR THE APPLICATION AND/OR WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY'S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE APPLICATION, WEBSITE, OR THE WEBSITE MATERIALS, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
By using the Website and/or Application, you consent (“opt in”) to receive electronic mail messages from the Company, which may include commercial solicitations. The Company may use your personal information to send you information or service updates, unless you “opt out” of receiving future electronic mail messages. In order to "opt-out" of receiving service or account-related emails from the Company, you must follow the instructions for unsubscribing within the electronic mail messages that you receive from the Company. The Company shall be provided a reasonable period to update its files to reflect the opt-out election by the user.
In general, the Company may use personal information that we collect in order to enhance your use of the Website and/or Application, provide you with information, products and services that you may be interested in, and to administer and assist us with the operation of the Website and/or Application and of our business, and for the purpose for which the information was provided, including but not limited to using the information that we collect to send you information and service updates, including contacting you about our services, products, activities, special events or offers and for other marketing, informational, product development and promotional purposes, including notifications about new features and or improvements to the Website and/or Application or our products and applications.
The Company may obtain personal information in a number of different ways. For example, when you utilize the Website and/or Application, some information is automatically collected through the use of log files, such as your computer's Internet Protocol (IP) address, your computer's operating system, the browser type, the address of a referring website and your activity on the Website and/or Application. The Company may also automatically collect certain information through the use of "cookies" (data files that are stored on a user's hard drive to enable the Website to recognize users who have previously visited them and retain certain information such as customer preferences and history).
Third party advertisers (or links to other websites) listed on the Website and/or Application may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your computer to collect information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Website and/or Application and the other websites tracked by these third parties. The Company is not responsible for, and does not control, any actions, information, or policies (privacy or otherwise) of any third party service providers on the Website and/or Application or linked from the Website and/or Application. In addition, the Company is not responsible for any information that you provide to these parties directly, and we encourage you to become familiar with their practices and privacy policies before disclosing information directly to such third parties with which you come into contact.
Except as otherwise stated herein, the Company will not sell, share, or rent any personal information to third parties, except as disclosed in the Terms without first obtaining your consent, although the Company may provide general information or other non-personal information to third parties without your authorization. Furthermore, the Company may share your contact information with third parties if you have indicated to us that you wish to receive information from such parties. In the event that we engage or partner with third party vendors, consultants or other service providers in connection with the operation of the Website and/or Application, we may share personal information with such providers in order for them to perform their services; and
The Company is hereby authorized to disclose personal information of a user when the Company, in its sole discretion, determines that it is appropriate to comply with applicable laws (including bankruptcy); to enforce or apply the Terms or other policies or agreements; to bill and collect amounts owed to the Company by the user; to protect the Company's rights; or the Company determines in its sole discretion that disclosure of communications or personal information is necessary to try to avoid personal injury or death. Furthermore, personal information may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the Company.
The Company takes commercially reasonable measures to secure certain of the user's personal information from unauthorized access, use or disclosure, by utilizing physical, electronic, and other procedures to safeguard the information we collect through the Website and/or Application. For example, when the Company collects credit card information, a secure server encryption software is used and such credit card information is stored using encryption methods designed to deter unauthorized access. Additionally, to the extent applicable, the user's account information is accessible online only through the use of a password. IT IS IMPORTANT TO NOTE THAT DESPITE SUCH EFFORTS, NO SECURITY MEASURES ARE COMPLETELY FAIL-SAFE. To protect the confidentiality of your personal information, therefore, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Website and/or Application by any person using your password. Please advise us immediately if you believe your password has been misused. You should also note that electronic mail is not secure, and you should not send any confidential or sensitive information to us via an unsecured email.
In case any term of the Terms and/or Subscriber Agreement shall be determined to be invalid, illegal, or unenforceable, in whole or in part, the validity of any of the other terms of the Terms and/or Subscriber Agreement shall not in any way be affected thereby.
WAIVER OF BREACH
The failure of any party hereto to insist upon strict performance of any of the covenants and agreements herein contained, or to exercise any option or right herein conferred, in any one or more instances, shall not be construed to be a waiver or relinquishment of performance of any covenant or agreement, or of any such option or right, but the same shall be and remain in full force and effect.
The Terms and Subscriber Agreement reflect the final and entire agreement between the Company and each subscriber regarding the use of the Website and/or Application and supersede all previous and contemporaneous oral or written agreements regarding the use of the Website and/or Application. The Subscriber Agreement is personal to each subscriber, which means that you may not assign your rights or obligations thereunder to any third party.
APPLICABLE LAW AND VENUE
The Terms and Subscriber Agreement, as well as your use of the Website and/or Application, shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use and access to the Website and/or Application is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Terms and/or the Subscriber Agreement shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
You agree that any dispute relating to or arising from the use of the Website and/or Application that cannot be settled by the parties, it shall be resolved by binding arbitration to be conducted in Seattle, King County, Washington. A party may initiate arbitration of a dispute by serving the other party or parties with a written demand for arbitration, describing the dispute and identifying the relief sought with respect to it. Within twenty (20) days following service of a written demand for arbitration, the parties involved in the dispute shall attempt to reach agreement upon the selection of a qualified impartial arbitrator. If the parties cannot agree upon an arbitrator within twenty (20) days from the date written demand for arbitration is served, the party demanding arbitration may commence an action for the limited purpose of obtaining appointment of an arbitrator by the Presiding Judge of the Superior Court of the State of Washington for King County. The arbitration shall be conducted in accordance with the provisions of the Uniform Arbitration Act, RCW Chapter 7.04A. The arbitrator may grant injunctive or other relief as part of an interim or final award. Any arbitration award may be enforced by judgment entered in the Superior Court of the State of Washington for King County. This Subscriber Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Subscribers may contact the Company with questions or inquiries at: email@example.com
The Company is authorized to deliver any notices, requests, demands, waivers, consents, approvals or other communications to subscribers by prepaid certified mail, return receipt requested at the last known address of the subscriber on file with the Company, or via electronic mail at the last known electronic mail address on file with the Company. Any such notice shall be deemed immediately effective upon delivery. Subscribers are authorized to deliver any notices, requests, demands, waivers, consents, approvals or other communications to the Company by prepaid certified mail, return receipt requested at the following address: Attn: Food Task Force, c/o The Hartman Group, Inc., 3150 Richards Road, Suite #200, Bellevue, WA 98005. Any such notice shall be deemed immediately effective upon delivery. Any questions regarding the Website and/or Application, the Terms, copyrights or alleged infringement should be directed to legal counsel for the Company at:
The Hartman Group, Inc.
c/o Lasher Holzapfel Sperry & Ebberson, PLLC
601 Union Street, Suite 2600
Seattle, WA 98101-4000
FAX (206) 340-2563