1. LIMITED LICENSE
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Websites for your personal, noncommercial use only, as permitted by the features of the Websites. The Websites and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Hiatus Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Hiatus and its licensors. Hiatus reserves all rights not expressly granted herein in the Websites.
2. NO PROFESSIONAL ADVICE
The information contained on the Websites is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Websites. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
4. UNACCEPTABLE USE
You shall not to engage in unacceptable use of the Websites, which includes, without limitation, use of the Websites to: (a) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (b) misrepresent or otherwise attempt to mislead any person as to your information or otherwise engage in fraudulent or deceptive conduct; (c) interfere, disrupt or attempt to gain unauthorized access to the Websites; (d) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (e) engage in any other activity deemed by Hiatus be in conflict with the spirit or intent of this Agreement.
5. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Hiatus assumes no liability or responsibility of any kind in connection with your use of the Websites, including but not limited to for any (i) errors, mistakes, or inaccuracies of content; (ii) any interruption or cessation of transmission to or from the Websites; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; or (iv) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, or otherwise made available through the Websites. In no event shall Hiatus, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs whatsoever. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Hiatus has been advised of the possibility of such damage.
You agree to defend, indemnify and hold harmless Hiatus and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct.
7. NO WARRANTY
The Websites are provided on an “as is” and “as available” basis. Use of the Websites is at your own risk. To the maximum extent permitted by applicable law, the Websites are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Hiatus or through the Websites will create any warranty not expressly stated herein. Without limiting the foregoing, Hiatus, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Websites will meet your requirements; that the Websites will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Websites is free of viruses or other harmful components.
8. GOVERNING LAW; ASSIGNMENT; MODIFICATION; ENTIRE AGREEMENT; NO WAIVER; CONTACT
You agree that: (i) the Websites shall be deemed solely based in Oregon; and (ii) the Websites shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Oregon. This Agreement shall be governed by the internal substantive laws of the State of Oregon, without respect to conflict of laws principles.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Hiatus without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
This Agreement, together with any amendments and any additional agreements you may enter into with Hiatus in connection with the Websites, shall constitute the entire agreement between you and Hiatus concerning the Websites. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hiatus’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
9. CONTACT US
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.