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myHitOnline
Website Terms of Use and Notices
Last Updated:
November 2007
1.
THIS IS AN AGREEMENT BETWEEN YOU AND
MYHITONLINE
This is an agreement
("Agreement") between you and
myHitOnline. This Agreement governs your use of any
Web page operated by
myHitOnline. You represent that you are at least 18 years
of age and have attained the age of majority in the province, state or country in
which you reside, and any information that you submit is correct.
MYHITONLINE OFFERS THE
MYHITONLINE WEB SITE
TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR
USE OF THE
MYHITONLINE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES
AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section
10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2.
HOW MYHITONLINE MAY MODIFY THIS AGREEMENT
myHitOnline reserves
the right to change the terms, conditions, and notices under which it offers the
myHitOnline
site, including any charges associated with the use of the
myHitOnline
site. You are responsible for regularly reviewing these terms, conditions and notices,
and any additional terms posted on the
myHitOnline
site. Your continued use of
the
myHitOnline
site after the effective date of such changes constitutes your
acceptance of and agreement to such changes.
3.
ADDITIONAL TERMS
The
myHitOnline site may itself contain additional terms (for example, codes of conduct or guidelines)
that further govern use of
myHitOnline, including without limitation, particular
features (for example, forum) or offers.
If any terms contained in this Agreement
conflict with any terms contained within
myHitOnline, then the terms in this Agreement
shall control.
4.
NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE
MYHITONLINE WEBSITE
You will not use
the
myHitOnline site in any way that is unlawful, or harms
myHitOnline, its affiliates,
resellers, distributors, service providers and/or suppliers (each, a "myHitOnline
party" and collectively, the "myHitOnline Parties") or any customer of a
myHitOnline
Party, as determined in
myHitOnline’s sole discretion.
myHitOnline may tell you
about certain specific harmful uses in a code of conduct or other notices, but has
no obligation to do so. You may not use the
myHitOnline Web Site in any way that
breaches any code of conduct, policy or other notice applicable to the
myHitOnline
Web Site. Without limiting the generality of this section, you may not use the
myHitOnline
Web Site in any manner that could damage, disable, overburden, or impair any
myHitOnline
(or the network(s) connected to the
myHitOnline Web Site) or interfere with any
other party's use and enjoyment of the
myHitOnline Web Site.
5.
SPAM IS PROHIBITED AND CAUSES DAMAGE
Without limiting
the generality of Section 4, you will not use the
myHitOnline Web Sites to transmit,
either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial
e-mail.
6.
MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you
post or otherwise provide to
myHitOnline related to the
myHitOnline Web Site (a
"Submission"), you grant
myHitOnline permission to (1) use, copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, modify, translate and reformat
your Submission, each in connection with the
myHitOnline Web Site, and (2) sublicense
these rights, to the maximum extent permitted by applicable law.
myHitOnline will
not pay you for your Submission.
myHitOnline may remove your Submission at any
time. For each Submission, you represent that you have all rights necessary for
you to make the grants in this section.
7.
LIMITATION OF USE
myHitOnline grants
its users exclusive, and non-transferable permission to use the information contained
therein in accordance with this Agreement. It does not allow its users to share
the information with any other non-paying subscriber. In the event of violation,
myHitOnline reserves the right to terminate the user’s membership without notice
and will not offer a reimbursement for fees paid.
8.
INFORMATION AVAILABLE FROM THE MYHITONLINE WEB SITE
myHitOnline and
its suppliers do not warrant or guarantee the accuracy or timeliness of any information
available from the
myHitOnline Web Site including “lead submissions”.
myHitOnline
and its suppliers do not authorize and prohibit to the maximum extent allowable
the resale, redistribution, and use of this information for commercial purposes.
myHitOnline does not endorse or recommend any particular product or service.
9.
MYHITONLINE MAKES NO WARRANTY
MYHITONLINE PROVIDES THE
MYHITONLINE WEB SITE "AS IS," "WITH ALL FAULTS" AND
"AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY,
AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE
MYHITONLINE
PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE
MYHITONLINE PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY
AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT,
NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT
ACCESS TO OR USE OF THE
MYHITONLINE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10.
LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY
MYHITONLINE PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE
MYHITONLINE
SITE, EVEN IF SUCH
MYHITONLINE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE
REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS
OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD
TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND
LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE
MYHITONLINE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE
ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY
MYHITONLINE PARTY WITH RESPECT TO
THIS AGREEMENT OR THE
MYHITONLINE WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE
MYHITONLINE WEB SITE.
11.
CHANGES TO THE
MYHITONLINE WEB SITE; ADDITIONAL LIABILITY LIMITATION
THE
MYHITONLINE
PARTIES MAY CHANGE THE
MYHITONLINE WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY
TIME AND FOR ANY REASON. As you use the myHitOnline Web Site, you should expect to
receive, access or use information, materials, graphics, data and content (collectively,
"Content") originated by MyHitOnline and persons other than myHitOnline (any such
person is referred to as a "Third Party").
WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE
THAT THE
MYHITONLINE PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT
MYHITONLINE IS NOT RESPONSIBLE OR LIABLE
FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE
OF THE
MYHITONLINE WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE
MYHITONLINE WEB
SITE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES
YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR
TRANSACTIONS IN CONNECTION WITH THE
MYHITONLINE WEB SITE IN AN ACCURATE OR TIMELY
MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED
ON THE
MYHITONLINE WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS
9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO
YOU UNDER APPLICABLE LAW.
12.
TERMINATION; ACCESS RESTRICTION
myHitOnline may
terminate this Agreement, or terminate or suspend your access to the
myHitOnline
Web Site at any time, with or without cause, with or without notice. Upon such termination
or suspension, your right to use the
myHitOnline Web Site will immediately cease.
UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE MYHITONLINE
WEB SITE MAY NOT BE RETRIEVED LATER.
13.
INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this
Agreement is determined to be invalid or unenforceable pursuant to applicable law,
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 this Agreement will continue in effect.
myHitOnline may assign
this Agreement, in whole or in part, at any time with or without notice to you.
You may not assign this Agreement, or assign, transfer or sublicense your rights,
if any, in the
myHitOnline Web Site. Except as expressly stated herein, this Agreement
constitutes the entire agreement between you and
myHitOnline with respect to the
myHitOnline Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and
myHitOnline
with respect to the
myHitOnline Web Site.
14.
YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND
MYHITONLINE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MYHITONLINE
WEB SITE MUST COMMENCE WITHIN ONE (1) WEEK AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE,
SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15.
COPYRIGHT NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of
the myHitOnline Web Site
are Copyright © 2006-2007
myHitOnline and/or its suppliers.
All rights reserved. No association with any real company, organization, product,
domain name, e-mail address, logo, person, places or events is intended or should
be inferred. Any rights not expressly granted herein are reserved. Certain components
used in the myHitOnline Web Site server is either based, in part, on the work of
third-party suppliers for which either licenses were obtained or they were newly
created.
16.
MYHITONLINE payment option Terms of Use and Privacy Statement
The
myHitOnline
payment option is provided by a third party service provider. Click here to view the third party service provider's user
agreement. Click here for the privacy policy applicable to how the
third party service provider handles your data.
myHitOnline is a completely separate
entity from PayPal and thus can not be held liable for any misconduct or mishandling
of payments as executed by PayPal.
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