Harley Hawkins Group LLC
LEGAL TERMS
Last revised January 26, 2009
Copyright 2007 All rights reserved.
This website is owned and operated by Harley Hawkins Group LLC
("Company"). COMPANY maintains this website for your personal
information and use. Please read these Legal Terms carefully before
accessing or using this website, so that you fully understand your
rights and responsibilities.
IF YOU DO NOT AGREE WITH THE LEGAL TERMS, DO NOT ACCESS THIS WEBSITE. COMPANY reserves the right to change these Legal Terms at any time.
All changes will be effective immediately upon their posting. By
accessing the website following posting of changes to the Legal Terms,
you agree to all the changes.
YOUR USE OF THIS WEBSITE You may download the content of this website and print one hard copy of
this website's content for your personal use only. You may not
otherwise use, copy, modify, distribute, translate, reproduce,
republish, disassemble, reverse engineer, decompile, mirror, or
transmit any of the content or materials of this website, or rent or
sell use of or access to (such as on a time share or service bureau
basis) this website, or any of the content or materials on this website.
You understand and agree that COMPANY may terminate or otherwise deny
your access to the website in its sole discretion and without notice in
the event COMPANY believes in its sole discretion that (i) you have
violated a provision of these Legal Terms, (ii) you have used or
misused the website in a manner that COMPANY has determined is
unlawful, unethical or otherwise inappropriate, (iii) or such action is
reasonably necessary to protect a third party or COMPANY or if such
action is otherwise required by law.
Proprietary names and marks belonging to COMPANY appear throughout this
website. The marks HarleyHawkins, Harley Hawkins Group, LLC,
ERepat.com, and the logo(s) are trademarks of COMPANY. This website
may also contain references to third-party marks, and copies of
third-party copyrighted materials, which are the property of their
respective owners. All copyrightable text, audio, video, graphics,
charts, photographs, icons, and the design, selection, and arrangement
of content on this website are the property of COMPANY and COMPANY owns
all rights, including all intellectual property rights in such
materials, unless otherwise noted. The distinctive and original layout
and presentation of this website also constitutes trade dress under
applicable federal and state laws.
Any suggestions, solutions, improvements, corrections or other
contributions you provide to COMPANY regarding this website shall
become the property of COMPANY and you assign all such rights to
COMPANY without fee or charge.
LINKS This website may link to, or be linked to, other websites not
maintained by or related to COMPANY. These links are provided only as
a service to our visitors. COMPANY is not, directly or indirectly,
implying any approval, association, sponsorship, endorsement or
affiliation with the linked or linking website. COMPANY has not
reviewed these websites and is not responsible for the content,
accuracy, or policies of any such websites. Your linking to any other
pages or websites is at your own risk.
LOGIN SECURITY You are responsible for providing all personal computer and
telecommunications equipment and service necessary to gain access to
the website. Access to, and use of, certain portions of the website
may be obtained through the use of a user name and password chosen by
you during a registration process. You must keep your user name and
password strictly confidential and you agree that if you share your
unique user name and/or password with another individual or entity you
are and will remain solely liable for all use of the website that
occurs under your user name and/or password.
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS If you believe that your copyright in any material has been infringed
on this website, please provide our Copyright Agent with all of the
following information in the form prescribed by Section 512 of Title
17, United States Code:
1. a description of the copyrighted work you claim has been infringed,
2. a description of the material that you claim is infringing,
identified with sufficient detail for COMPANY to locate it on the
website,
3. your address, telephone number and e-mail address,
4. a statement by you that you have a good faith belief that the disputed use is not authorized,
5. a statement by you declaring under penalty of perjury that the
above information is true and that you are the owner of the copyrighted
interest or authorized to act on the copyright owner's behalf, and
6. a physical or electronic signature of the person authorized to act on behalf of the copyright owner's interest.
COMPANY's Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
Copyright Agent
Harley Hawkins Group LLC
3165 South Alma School Road
Ste 29-292
Chandler, AZ 85248
USA
Fax: +1 480-393-7151
info@harleyhawkins.com
You and COMPANY understand and agree that: (1) COMPANY assumes no
liability or responsibility for any third party content or material of
any kind that is submitted to or posted on the website by you or by any
other users or third parties and (2) COMPANY is a publisher of any such
content, and is acting solely as an Internet Service Provider as such
term is defined in the Digital Millennium Copyright Act.
Bulletin Boards, Chat Rooms and Other Interactive Areas COMPANY may provide bulletin boards, chat rooms and other interactive
areas for its visitors to participate in. By accessing or using this
website, you agree to abide by the following guidelines for use of any
such bulletin boards, chat rooms and other interactive areas:
1. You must maintain a polite, pleasant environment. Comments that
harass, abuse or threaten others are prohibited. You may not criticize
other individual users or COMPANY or any of its affiliates.
2. You must ensure that all comments are appropriate to all people.
Any content that is defamatory, pornographic, obscene, or otherwise
objectionable is prohibited.
3. You must keep your comments relevant to the stated topic.
4. Any conduct that in COMPANY's sole discretion restricts others from using or enjoying the web site is prohibited.
5. You may not advertise a business or service.
6. Copyrighted material may only be posted with permission of the author.
7. Harvesting or collecting information about others, including e-mail addresses is prohibited.
8. You may not send any chain letters, junk mail, unauthorized
e-mail, or commercial solicitations, or engage in, facilitate or
encourage any illegal activities.
9. Any and all postings you may submit to this website must be your
original work, based upon your true experiences and/or your diligent
research and best efforts.
All users of this website must also follow any other guidelines or
rules provided by COMPANY or posted on this website for such postings
or submissions. A failure to comply with any of these guidelines or
rules, or any of the other provisions of these Legal Terms, will result
in, among other possible action, the immediate termination of all
access and privileges to post content to the website. Please report
any violations of these guidelines to COMPANY, as provided for in the "Contacting Us" paragraph of these Legal Terms.
You and other users of any COMPANY bulletin boards, chat rooms and
other interactive areas are solely responsible for the content and
consequences of any messages you communicate or post on this site.
COMPANY will have no liability for any content and consequences of any
such messages. You should exercise the utmost discretion before
providing any personal information to third parties via any such
bulletin boards, chat rooms or other interactive areas that may be on
this website. Although COMPANY is not obligated to monitor content or
the accuracy of information, you acknowledge and agree that COMPANY, in
its sole discretion, has the right to monitor, without notice, any such
content or information posted on this site. COMPANY also reserves the
right, in its sole and absolute discretion, to prohibit any conduct or
remove any content, without notice, for any reason, and to revoke any
user's access, for any reason. COMPANY also reserves the right to
review any submission you may send to the website and may decide, in
its sole discretion, whether or not your submission is appropriate for
the website.
Any postings or content that you post to the website will be treated
and considered non-confidential. By posting any content to the
website, you are granting COMPANY a perpetual, irrevocable,
royalty-free license to copy, modify, use, disclose, transmit, and
publish any ideas, concepts, designs, know-how, models, plans,
schematics, methods, strategies, information, procedures, and
techniques contained therein for any purpose, including any marketing
efforts undertaken by or for COMPANY
YOU HAVE NO WARRANTY COMPANY makes all commercially reasonable efforts to ensure that all
material, information and data provided to you on this website is
accurate information and data that we believe may be helpful to you;
however, accuracy, helpfulness and reliability of the material,
information and data cannot be guaranteed.
As a result, this website (including
its content) is provided by COMPANY on an "AS IS" basis. COMPANY
disclaims all warranties with respect to this website, including
without limitation all implied warranties of merchantability, fitness
for a particular purpose, title and non-infringement and all warranties
arising from a course of dealing, course of conduct or usage in trade.
COMPANY makes no warranty or representation regarding the results that
may be obtained from your use of this website, or your use of material,
information or data downloaded or otherwise obtained from this website,
or regarding the accuracy, completeness, correctness, timeliness,
usefulness or reliability of any material, information, or data
obtained from this website. COMPANY does not warrant or guarantee that
your use of this website or any materials on this website will meet
your requirements, be accurate, uninterrupted, timely, secure or
error-free. COMPANY shall have no responsibility for the timeliness,
deletion, misdelivery or failure to store any communication, and does
not warrant or guarantee that files or other materials and information
available through this website will be free of infections, viruses,
worms, Trojan horses or other code that could be harmful to your
computer system. No advice or information, whether oral or written, obtained by you from
COMPANY or in any manner from this website shall create any warranty.
You acknowledge and agree (1) that your use of this website is at your
own discretion and risk, (2) that use of any material, information or
data downloaded or otherwise obtained through the use of this website
is at your own discretion and risk, and (3) that you are solely
responsible for any damage to your computer system for loss of data
that results from the download of such material, information or data,
and for any other form of damage that may be incurred. COMPANY does
not warrant or guarantee that files or other materials and information
available through this website will be free of infections, viruses,
worms, Trojan horses or other code that could be harmful to your
computer system.
If for any reason you are not satisfied with this website or the
material, information or data downloaded or otherwise obtained from
this website, your sole remedy is to cease using this website or such
material, information or data.
COMPANY IS NOT LIABLE TO YOU IN ANY WAY IN NO EVENT SHALL COMPANY OR ANY OF ITS OFFICERS, REPRESENTATIVES,
DIRECTORS, EMPLOYEES, CONSULTANTS, OR AGENTS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS
INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL,
INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE,
OR OTHERWISE ARISING OUT OF ANY DECISION MADE OR ACTION TAKEN BY YOU IN
RELIANCE ON ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS
WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.
YOUR USE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK.
The above limitations may not apply to you to the extent such limitations are prohibited by law.
YOUR INDEMNIFICATION OF COMPANY You agree to defend, indemnify and hold harmless COMPANY, its officers,
directors, representatives, employees, consultants, and agents from and
against any claims, allegations, damages, losses, liabilities or
expenses (including, but not limited to attorneys' fees) that such
party may suffer or incur as a result of any use or misuse of the
website, any use or misuse of the website in connection with your user
information or login information, your infringement of any intellectual
property or other right of COMPANY or any other person or entity, or
the violation of these Legal Terms.
INTERPRETATION OF AND DISPUTES UNDER THIS AGREEMENT If any provision of these Legal Terms is held to be unenforceable, this
holding will not affect the validity of the other provisions. COMPANY
controls and operates this website from our offices in Arizona. These
Legal Terms, and your use of the website, is governed by and
interpreted in accordance with the laws of the State of Arizona,
excluding its conflicts-of-law rules. Any controversy or dispute will
be submitted to the state or federal courts in and for Maricopa County,
Arizona. You hereby consent to the personal jurisdiction of the State
of Arizona, acknowledge that venue is proper in any state or federal
court in Maricopa County, Arizona, and waive any objection that may
exist, now or in the future, with respect to any of the foregoing. In
the event of any dispute, the prevailing party shall be entitled to
recovery of its reasonable attorneys' fees and costs. Any cause of
action or claim made by you or any other website viewer or user with
respect to this website must be commenced within one year after the
claim or cause of action arises.
THIS IS OUR ENTIRE AGREEMENT Neither of us will either have or represent itself to have any
authority to bind the other to any obligation. By your access or use
of this website, you hereby agree that these Legal Terms, together with
COMPANY's Privacy Policy constitute the entire agreement between you
and COMPANY with respect to your access and use of this website, and
supersede all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. Any waiver of any
provision of these Legal Terms will be effective only if in writing and
signed by COMPANY. These Legal Terms will inure to the benefit of
COMPANY's successors and assigns.
YOU AGREE TO ELECTRONIC COMMUNICATIONS You acknowledge that these Legal Terms are a valid and binding
agreement. To the fullest extent permitted by law, you agree that
these Legal Terms and any other documentation, agreements, notices or
communications between you and COMPANY may be provided to you
electronically. Please print a copy of all such documentation,
agreements, notices or other communications for your reference.
CONTACTING US If you have any other questions or concerns regarding these Legal Terms, please contact us at:
COMPANY
Harley Hawkins Group LLC
3165 South Alma School Road
Ste. 29-292
Chandler, AZ 85248
Email: info@harleyhawkins.com
Fax: +1 480 393 7151