Terms of Use for
Hendricks County Antique Tractor and Machinery Association
1. Acceptance of Terms of Use and Amendments.
Each time you use or cause access to this web
site, you agree to be bound by these Terms of Use,
and as amended from time to time with or without notice to you. In
addition, if you are using a particular service on or through this web
site, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these
Terms of Use. Please see our
Privacy Policy, which is incorporated into these
Terms of Use by reference.
2. Our Service.
Our web site and services provided to you
on and through our
web site on an "AS IS" basis. You agree that the owners of this web site
exclusively reserve the right and may, at any time and without notice and
any liability to you, modify or discontinue this web site and its services
or delete the data you provide, whether temporarily or permanently. We
shall have no responsibility or liability for the timeliness, deletion,
failure to store, inaccuracy, or improper delivery of any data or
information.
3. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must register on our site, agree to provide truthful
information when requested, and be at least the age of thirteen (13) or
older. When registering, you explicitly agree to our Terms of Use and as may be modified by us from time to time and
available here.
4. Privacy Policy.
Registration data and other personally
identifiable information that we may collect is subject to the terms of
our Privacy Policy.
5. Registration and Password.
You are responsible to maintain the
confidentiality of your password and shall be responsible for all uses via
your registration and/or login, whether authorized or unauthorized by you.
You agree to immediately notify us of any unauthorized use or your
registration, user account or password.
6. Your Conduct.
You agree that all information or data of any
kind, whether text, software, code, music or sound, photographs or
graphics, video or other materials ("Content"), publicly or privately
provided, shall be the sole responsibility of the person providing the
Content or the person whose user account is used. You agree that our web
site may expose you to Content that may be objectionable or offensive. We
shall not be responsible to you in any way for the Content that appears on
this web site nor for any error or omission.
You explicitly agree, in using this web site or
any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site or
any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal liability,
or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the origin
of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Web Site.
By providing any Content to our web site:
(a) you agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative
works and compilations, in whole or in part. Such license will apply with
respect to any form, media, technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 7;
(c) you acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove or
block access to any Content you provide at any time and for any reason,
with or without notice.
8. Third Party Services.
Goods and services of third parties may be
advertised and/or made available on or through this web site.
Representations made regarding products and services provided by third
parties are governed by the policies and representations made by these
third parties. We shall not be liable for or responsible in any manner for
any of your dealings or interaction with third parties.
9. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders
from any claim or demand, including reasonable attorney's fees, that may
be made by any third party, that is due to or arising out of your conduct
or connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other
violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB
SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS
IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT
ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT
IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER
US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT
YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of
implied warranties and the above disclaimer may not apply to you only as
it relates to implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR
ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II)
THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE.
In some jurisdictions, it is not permitted to
limit liability and therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets, and
any other proprietary right that we may have in our web site, its content,
and the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you with
any implied or express licenses or rights by making services available to
you and you will have no rights to make any commercial uses of our web
site or service without our prior written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in
any way that would be considered copyright infringement or a violation of
your intellectual property rights, our copyright agent may be contacted at
the following address:
[Other contact information including address or the information for a
designated agent]
14. Applicable Law.
You agree that this Terms of
Use and any dispute arising out of your use of this web site or our
products or services shall be governed by and construed in accordance with
local laws where the headquarters of the owner of this web site is
located, without regard to its conflict of law provisions. By registering
or using this web site and service you consent and submit to the exclusive
jurisdiction and venue of the county or city where the headquarters of the
owner of this web site is located.
15. Miscellaneous Information.
(i) In the event that this Terms of Use conflicts with any law under which any provision may be
held invalid by a court with jurisdiction over the parties, such provision
will be interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii)
The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of
any that party's right and that right will remain in full force and
effect; (iii) You agree that without regard to any statue or contrary law
that any claim or cause arising out of this web site or its services must
be filed within one (1) year after such claim or cause arose or the claim
shall be forever barred; (iv) We may assign our rights and obligations
under this Terms of Use and we shall be relieved
of any further obligation.
