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Terms of Use Agreement
Between User and Hubbard Decision Research
The HubbardResearch.com Web Site is comprised of various
Web pages operated by Hubbard Decision Research.
The HubbardResearch.com Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the HubbardResearch.com Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Hubbard Decision Research reserves the right to change the terms, conditions,
and notices under which the HubbardResearch.com Web Site is offered, including but
not limited to the charges associated with the use of the HubbardResearch.com Web
Site.
LINKS TO THIRD
PARTY SITES
The HubbardResearch.com Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Hubbard Decision Research
and Hubbard Decision Research is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Hubbard Decision Research is not responsible for webcasting
or any other form of transmission received from any Linked Site. Hubbard Decision
Research is providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Hubbard Decision Research of the site
or any association with its operators.
NO UNLAWFUL
OR PROHIBITED USE
As a condition of your use of the HubbardResearch.com Web Site, you warrant
to Hubbard Decision Research that you will not use the HubbardResearch.com Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the HubbardResearch.com Web Site in any manner which could damage,
disable, overburden, or impair the HubbardResearch.com Web Site or interfere with
any other party's use and enjoyment of the HubbardResearch.com Web Site. You may
not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the HubbardResearch.com Web
Sites.
USE OF COMMUNICATION
SERVICES
The HubbardResearch.com Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, "Communication Services"), you agree
to use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you
will not:
- 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, infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws (or by rights of privacy of publicity) unless
you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software or programs that may damage the operation of another's
computer.
- Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically allows
such messages.
- Conduct or forward surveys, contests, pyramid schemes
or chain letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
- Falsify or delete any 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 e-mail addresses, without their consent.
- Violate any applicable laws
or regulations.
Hubbard Decision Research has no obligation to monitor the Communication Services. However,
Hubbard Decision Research reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Hubbard Decision Research
reserves the right to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
Hubbard Decision Research reserves the right at all times to disclose any information
as 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 Hubbard Decision Research's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Hubbard Decision Research
does not control or endorse the content, messages or information found in any Communication
Service and, therefore, Hubbard Decision Research specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized Hubbard Decision
Research spokespersons, and their views do not necessarily reflect those of Hubbard
Decision Research.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED
TO HUBBARD DECISION RESEARCH OR POSTED AT ANY HUBBARDRESEARCH.COM WEB SITE
Hubbard Decision Research does not claim ownership of the materials you provide
to Hubbard Decision Research (including feedback and suggestions) or post, upload,
input or submit to any HubbardResearch.com Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or submitting
your Submission you are granting Hubbard Decision Research, its affiliated companies
and necessary sublicensees permission to use your Submission in connection with
the operation of their Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Hubbard Decision Research is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in Hubbard Decision Research's
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as
described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE HUBBARDRESEARCH.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUBBARD DECISION
RESEARCH AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HUBBARDRESEARCH.COM
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HUBBARDRESEARCH.COM WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HUBBARD DECISION RESEARCH AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HUBBARDRESEARCH.COM
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUBBARD DECISION RESEARCH AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HUBBARD DECISION
RESEARCH AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE HUBBARDRESEARCH.COM WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE HUBBARDRESEARCH.COM WEB SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE HUBBARDRESEARCH.COM WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE HUBBARDRESEARCH.COM WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUBBARD DECISION RESEARCH
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HUBBARDRESEARCH.COM WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE HUBBARDRESEARCH.COM WEB SITE.
SERVICE CONTACT: dwhubbard@hubbardresearch.com
TERMINATION/ACCESS
RESTRICTION
Hubbard Decision Research reserves the right, in its sole discretion, to terminate
your access to the HubbardResearch.com Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in
King County,
Washington,
U.S.A.
in all disputes arising out of or relating to the use of the HubbardResearch.com
Web Site. Use of the HubbardResearch.com Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Hubbard Decision Research
as a result of this agreement or use of the HubbardResearch.com Web Site. Hubbard
Decision Research's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation of Hubbard
Decision Research's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the HubbardResearch.com Web Site
or information provided to or gathered by Hubbard Decision Research with respect
to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Hubbard Decision Research with respect to the HubbardResearch.com
Web Site and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Hubbard Decision Research
with respect to the HubbardResearch.com Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the HubbardResearch.com Web Site are: Copyright © 2006
Hubbard Decision Research and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.
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