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.