Terms of use

Terms of Use

This Internet Website Use Agreement (the “Agreement”) is   between you and HB Publications, LLC. (the “Company”).  Your use of   the Company Internet Website (the “Website”) is subject to the following   terms and conditions of use:

(1) YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE   CAREFULLY BEFORE USING THIS WEBSITE. Use of the Website signifies your   unconditional agreement to the terms and conditions of this Agreement. If you   do not agree to these terms and conditions of use, do not access or otherwise   use this Website.

(2) The Company may gather, process and use information and   materials received from you (e.g., name, physical address, e-mail address) or   collected through your use of the Website for any lawful reason or purpose.

(3) The Company reserves the right, at its sole discretion,   from time to time to change, modify, add or remove any portion of this   Agreement, in whole or in part, at any time. Notification of changes in the   Agreement will be posted on the Website.

(4) The Website, including the information, artwork, text,   videos, graphics, images, pictures, audio and other materials (collectively   known as the “Content”) contained thereon, is protected by one or more   copyrights pursuant to U.S. copyright laws, international conventions and   other intellectual property laws. You will abide by any and all copyright   notices, trademark notices, ownership information or restrictions contained   in any Content on the Website. You may download and make copies of the   Content and other downloadable items displayed on this Website, provided that   you maintain all copyright and other notices contained in such Content.   Copying or storing of any Content on the Website for reproduction,   redistribution or publication to third parties for commercial purposes is   expressly prohibited without prior written permission from the Company. All   rights to the Company’s copyrighted materials not expressly granted herein   are reserved by the Company.

(5) The Company, at its sole discretion, may change, suspend   or discontinue any aspect of the Website at any time, including the   availability of any Web Site feature, database or Content. The Company may   also impose limits on certain features and services or restrict your access   to parts or all of the Website without notice or liability.

(6) You represent, warrant and covenant that you shall not   upload, post or transmit to or distribute or otherwise publish through the   Website any materials which: (i) restrict or inhibit any other user from   using and enjoying the Website; (ii) are unlawful, threatening,   abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic,   profane, sexually explicit or indecent; (iii) constitute or encourage conduct   that would constitute a criminal offense, give rise to civil liability or   otherwise violate any law or governmental regulation; (iv) violate,   plagiarize or infringe the rights of third parties including, without   limitation, copyright, trademark, patent, rights of privacy or publicity or   any other proprietary right; (v) contain a virus or other harmful or   destructive elements; (vi) contain any information, software or other   material of a commercial nature; (vii) contain advertising of any kind; or   (viii) constitute or contain false or misleading indications of origin or   statements of fact.

(7) You hereby agree to defend, indemnify and hold harmless   the Company, and all its officers, directors, agents, employees, information   providers, affiliates, licensors and licensees from and against any and all   liabilities, claims, penalties, losses, damages, cost and expense (including   court costs and reasonable attorney’s fees, interest expense and amounts paid   in compromise or settlement), suits or actions arising out of or resulting   from any breach by you of this Agreement, including the foregoing representations,   warranties and covenants. You shall cooperate as fully as reasonably required   in the defense of any claim. The Company reserves the right to   assume the exclusive defense and control of any matter otherwise   subject to indemnification by you and you shall not in any event settle any   matter without the written consent of the Company.

(8) The Website may contain hypertext links and pointers to   the other World Wide Web Internet sites and resources operated and controlled   by parties other than the Company. Links to and from the Website to such   third party sites do not imply or constitute an endorsement by the Company of   any third party material or contents and the Company does not assume any   responsibility or liability for said third party materials or contents.

(9) The Company does not represent or endorse the accuracy or   reliability of any advice, opinion, statement or other information displayed   or distributed through the Website. You acknowledge that any reliance upon   any such opinion, advice, statement, memorandum, or information shall be at   your sole risk. The Company reserves the right, in its sole discretion, to   correct any errors or omissions in any portion of the Website.

(10) The Company reserves the right at all times to disclose   any information as necessary to satisfy any law, regulation or government   request, or to edit, refuse to post or to remove any information or   materials, in whole or in part, that in the Company’s sole discretion are   objectionable or in violation of this Agreement.

(11) THE COMPANY WEBSITE, INCLUDING ALL CONTENT, SOFTWARE,   FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH   THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT   PERMISSIBLE BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY   KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION   AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE   WEBSITE, FOR ANY HYPERTEXT LINKS TO THIRD PARTY WEBSITES OR FOR ANY BREACH OF   SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH   THE WEBSITE OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIMS ANY EXPRESS OR   IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS   FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT   THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT   CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE ORTHAT DEFECTS WILL   BE CORRECTED, OR THAT THE COMPANY WEBSITE OR THE SERVER THAT MAKES IT   AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY SHALL   NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE   CONTENT AND ANY ERRORS CONTAINED THEREIN. TO THE FULLEST EXTENT PERMISSIBLE   BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,   PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN   ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THE WEBSITE OR FOR ANY   INFORMATION OBTAINED THROUGH THE WEBSITE, WHETHER BASED ON CONTRACT, TORT,   STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AGENTS HAS   BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES/JURISDICTIONS DO NOT   ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL   DAMAGES, AND THEREFORE THE PRECEEDING LIMITATION MAY NOT APPLY TO YOU.

(12) By posting messages, uploading files, inputting data or   engaging in any other form of communication (individually or collectively   “Communications”) to the Website, you hereby grant to the Company a   perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free   license to use, copy, license, sublicense, adapt, distribute, display,   publicly perform, reproduce, transmit, modify, edit and otherwise fully   exploit such Communications, in all media now known or hereafter developed.   You hereby waive all rights to any claim against the Company for any alleged   or actual infringements of any proprietary rights, rights of privacy and   publicity, moral rights and rights of attribution in connection with such   Communications.

(13) You acknowledge that Communications involving the Website   are not confidential and that Communications may be read or intercepted by   others. You acknowledge that by submitting Communications to the Company, no   confidential, fiduciary, contractually implied or other   relationship is created between you and the Company other than pursuant to   this Agreement.

(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN   ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF   LAWS PROVISIONS. YOU HEREBY AGREE AND CONSENT THAT THE SOLE AND EXCLUSIVE   JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS   AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE   OF CALIFORNIA.

(15) The Company has a long standing policy that does not   allow it to accept or consider creative ideas, suggestions or materials other   than those which have been specifically requested or otherwise affirmatively   solicited by the Company in writing. It is the intent of this policy to avoid   possible misunderstandings as to the ownership of creative ideas, concepts,   suggestions or materials. If you send any creative materials, suggestions,   ideas, notes, drawings, concepts or other information (collectively known as   the “Information”) to the Company in printed form, electronic means or   otherwise, the Information shall be deemed to be the property of the Company   and shall not be subject to any obligations of confidence, non-disclosure or   non-usage. The Company is hereby entitled to unrestricted usage of the   Information on a worldwide basis without compensation to the provider of the   Information on a worldwide basis without compensation to the provider of the Information.

(16) This Agreement constitutes the entire agreement between   the Company and you with respect to your use of and access to the Website.   This Agreement supersedes all prior or contemporaneous communications and   proposals, whether electronic, oral or written, between you and the Company   with respect to the Website. Use of the Website is unauthorized in any   jurisdiction that does not give effect to all of the terms and conditions of   this Agreement. Any cause of action you may have with respect to your use of   and access to the Website must be commenced within one (1) year after the   claim or cause of action arises. If for any reason a court of competent   jurisdiction finds any provision of this Agreement, or portion thereof, to be   unenforceable, that provision shall be enforced to the maximum extent   permissible so as to give legal effect to the intent of the Agreement, and   the remainder of this Agreement shall continue in full force and effect. 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 or the Website to the same extent and subject to   the same conditions as other business documents and records generated and   maintained in printed form by the Company. The failure of the Company to   enforce any provision of this Agreement shall not be deemed a waiver of such   provision nor bar the Company’s right to enforce the provision.