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This page contains
our full User Agreement. You may wish to print this page for
reference.
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS FOR YOUR
USE OF THE HDRC.org WEB
SITE. YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT TO
THESE TERMS AND CONDITIONS.
This Agreement (the "Agreement") is between you and HDRC,
Inc., a corporation organized and existing under the laws of
Georgia and with a principal place of business at Duluth,
Georgia.
- Your Rights.
HDRC grants you a non-exclusive,
non-transferable, limited right to access, use,
and display this Web site (the "Site") and the
materials provided hereon, provided that you
comply fully with this Agreement. The contents
of the Site are only for your personal,
noncommercial use. You agree not to interrupt,
or attempt to interrupt, the operation of the
Site in any way.
- Third Party Content, Copyright and
Trademarks.
The Site may contain content supplied in
large part by third parties. Any opinions,
advice, statements, services, offers, or other
promises, representations or warranties
contained in such third party content are those
of the respective author(s) or distributor(s)
and not of HDRC.
Product and company names found on the Site may
be the trademarks of HDRC or of third parties.
Except as otherwise specifically noted on the
Site, all materials on the Site, including
without limitation text, images, software, audio
and video clips, and databases (collectively,
the "Content"), are owned or controlled by HDRC,
which retains all right, title, and interest in
and to the Content. The Site and Content are
protected by the copyright and trademark laws of
the United States and other countries,
international conventions and treaties, and
other applicable laws.
- Downloads.
You may download material from the Site for
your own personal, non-commercial use only,
provided you do not modify the materials and
keep intact all copyright and other proprietary
notices. You may not display, reproduce, create
derivative works from, transmit, sell,
distribute, or in any way exploit the Site or
any portion thereof for any public or commercial
use without the express written permission of
HDRC.
- HDRC, HDRCLibrary.org, HDRCLibrary.com,
HDRC Logo.
Logo, and other related marks used on this
Site are trademarks of HDRC. You agree not to
use any trademarks, service marks, names, logos,
or other identifiers of HDRC or its employees,
licensors, independent contractors, providers,
and affiliates (collectively, "Affiliates")
without the prior written permission of HDRC or
the relevant Affiliate. In addition, you may not
use such trademarks (a) in, as, or as part of
your own trademarks or those of any third
parties; (b) to identify products or services
that are not those of HDRC; (c) in a manner
likely to cause confusion; or (d) in a manner
that implies inaccurately that HDRC sponsors or
endorses or is otherwise connected with, your
own activities, products, and services or those
of third parties.
- "Opt-Out" for Special Notices.
HDRC may periodically send communications to
users of the Site. If you would like not to
receive such offers or communications, you may
"Opt-Out". Please email
optout@HDRC.org
in order to be removed from our occasional
communications. Registering with
HDRC.org
constitutes acceptance of HDRC's use of your
e-mail address to send you notices pertaining to
HDRC, its products and services.
- Your Password.
As part of the registration process, you
will select a password. Although it is not a
violation of this Agreement for your immediate
family members to access your account through
your password, you are solely responsible for
maintaining the confidentiality of any password
you use to access the Member Services, and agree
that HDRC will have no obligations with regard
thereto. You agree to supervise any use of the
HDRC Site by children in your family who are
under 18 years of age, and agree to be fully
responsible for all actions taken by such
children on the HDRC Site.
- Privacy Policy.
HDRC's policy is to respect your privacy.
Please read the full text of our Privacy Policy
- Information Provided.
You acknowledge that any reliance upon any
advice, opinion, statement, or other information
displayed or distributed through the Site is at
your sole risk. HDRC reserves the right, in its
sole discretion and without notice, to correct
any errors or omissions in any portion of the
Site, or to deny access to the Site to anyone at
any time. You acknowledge and agree that HDRC is
not responsible for any materials posted by
users of the Site. Neither HDRC nor its
Affiliates shall have any liability arising from
your purchases of third party goods or services
based upon the information provided on the Site.
- Links to Other Sites.
The Site may contain links and pointers to
other sites on the Internet that may be
maintained by third parties. Such links do not
constitute an endorsement by HDRC or its
Affiliates of any third-party site or any
materials contained therein. HDRC and its
Affiliates do not control, and are not
responsible for, the availability, accuracy, or
currency of such third-party sites or any
information, content, products, or services
accessible from such third-party sites.
- Indemnification.
You hereby agree to indemnify, defend, and
hold harmless HDRC and its Affiliates from and
against any and all liability and costs incurred
by HDRC or the Affiliates in connection with any
claim arising out of any breach or alleged
breach of any of your obligations set forth
herein. You shall cooperate as fully as
reasonably required in the defense of any claim.
HDRC reserves the right, at its own expense, 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 HDRC.
- DISCLAIMER OF WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE
SITE (INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF)
IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, COMPATIBILITY, SECURITY,
ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, HDRC AND THE
AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE
LIABLE FOR THE USE OF THE SITE UNDER ANY
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO
NEGLIGENCE BY HDRC. HDRC DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SITE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, THAT THE SITE OR
SERVICES WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY, OR THAT THE SITE,
INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE
SITE IS OPERATED, ARE FREE OF DISABLING DEVICES
(AS DEFINED BELOW) OR OTHER HARMFUL COMPONENTS.
"Disabling Device" is defined as any software,
document, message or other material which
contains a computer virus, worm, trojan horse,
timebomb, or other device which may erase,
scramble, lock, or disable computer software or
equipment or may prevent users from using a
website or any other item of hardware or
software.
- LIMITATION OF LIABILITY.
USE OF THE SITE IS AT YOUR OWN RISK. YOU
ASSUME FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM YOUR DOWNLOADING AND/OR USE OF
FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR
OTHER MATERIAL (INCLUDING WITHOUT LIMITATION
SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS
OF THE SITE. UNDER NO CIRCUMSTANCES SHALL HDRC
OR THE AFFILIATES, OR ANY PROVIDER OF
TELECOMMUNICATIONS OR NETWORK SERVICES FOR HDRC
OR THE AFFILIATES, BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE
INABILITY TO USE, THE SITE, ITS CONTENT, OR THE
SERVICES, INCLUDING WITHOUT LIMITATION USE OF OR
RELIANCE ON THE CONTENT, INTERRUPTIONS, ERRORS,
DEFECTS (BOTH PATENT AND LATENT), MISTAKES,
OMISSIONS, DELETION OF FILES, DISABLING DEVICES,
DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY
OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY
OTHER FAILURE OF PERFORMANCE, EVEN IF HDRC, THE
AFFILIATES, OR THEIR PROVIDERS OF
TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
TOTAL LIABILITY OF HDRC AND THE AFFILIATES
HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY,
ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF
THE SERVICES. YOU HEREBY RELEASE HDRC AND THE
AFFILIATES FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THIS
LIMITATION. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
- Termination.
In addition to any other rights of the
parties set forth herein, either you or HDRC may
cancel or terminate this Agreement at any time.
HDRC also reserves the right to restrict,
suspend or terminate your access to the Services
in whole or in part, without notice, with
respect to any breach or threatened breach of
any portion of this Agreement. If HDRC
terminates this Agreement based on a breach of
any portion of this Agreement, HDRC reserves the
right to refuse to provide services to you in
the future.
- Modifications.
HDRC has the right to modify this Agreement
and any policies affecting the Site. In the
event of a material change in terms, we will
contact you via email with information about the
change, when it becomes effective, and how you
can opt out. Any other modification is effective
immediately upon posting to the Site. Your
continued use of the Site following notice of
any modification to this Agreement shall be
conclusively deemed an acceptance of all such
modification(s). Your only right with respect to
any dissatisfaction with any modifications made
pursuant to this provision, or any policies or
practices of HDRC in providing the Site,
including without limitation any change in the
Content is to cancel your account in accordance
with the account help instructions.
- General.
This Agreement constitutes the entire
agreement between you and HDRC with respect to
the Site and supersedes all prior agreements
between you and HDRC. Failure by HDRC to enforce
any provision of this agreement shall not be
construed as a waiver of any provision or right.
Interpretation and enforcement of this agreement
shall be governed by the laws of the state of
Georgia (excluding its choice of law rules). You
consent irrevocably to personal jurisdiction in
the federal and state courts of Gwinnett County,
Georgia for any action arising out of or
relating to your use of the Site. The federal
and state courts of Gwinnett County, Georgia
shall have exclusive jurisdiction over all such
actions. In any such action, the prevailing
party shall be entitled to recover all legal
expenses incurred in connection with the action,
including but not limited to its costs, both
taxable and non-taxable, and reasonable
attorney's fees. In the event that any portion
of this Agreement is held unenforceable, the
unenforceable portion shall be construed in
accordance with applicable law as nearly as
possible to reflect the original intentions of
the parties, and the remainder of the provisions
shall remain in full force and effect.
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