Privacy Policy
Hugo Hunter website (“Website”) and the services offered via the Website (“Services”). These Terms are a legally binding agreement between you, personally, and any entity on whose behalf you are using this website (collectively “You” and/or “Your”) and Hugo Hunter, Inc. (“HH”). If You do not agree to any provision herein, You shall not use the Website or any Services. HH reserves the
right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. You agree to review these terms regularly and to discontinue use of the Website and Services immediately if you do not agree to any modification to these Terms. Modifications shall become effective immediately upon being posted on the Website. Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be
amended.
Use
You represent that You can form legally binding contracts under applicable law, and that if using the Website or Services on behalf of an entity, that You are authorized to bind that entity to these Terms. HH is providing You with the Website and the Services for the sole purpose of interacting with HH and You promise that You shall not use the Website and Services for any purpose other than in furtherance of Your relationship with HH. Subject to the terms and conditions mentioned herein, You are hereby granted a limited, non-exclusive right to use the content and
materials on the Website. You have no right to use, copy, display, perform or create derivative works from, distribute, have distributed, rent, lease, transmit or sublicense any of the material or content available on the Website. Any software provided by HH on the Website is provided only on a non-exclusive, non-transferable, restricted license, for the limited purpose of using the software solely for the services defined. No other right, title or interest is granted in, and to such software, and the use of such software is subject to any other terms and conditions
accompanying the software. You shall not modify the software, nor adapt, translate, reverse engineer, decompile, disassemble, and/or otherwise attempt to discover the source code of the software, nor take any other steps to discover any confidential information and/or trade secrets that may be contained in the software.
Prohibited Conduct
You may not: (i) in connection with, in relation to, or in any way associated with your use of the Website or Services infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any third party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any websites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) HH or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing HH’s name, trademarks, or product or service names; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by HH; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; (xi) “deep link” to or “frame” any portion of the Website or (xii) assist any third party in engaging in any activity prohibited by these Terms.
Intellectual Property
All content included or available on the Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2018 hugohunter.com, with all rights reserved, or is the property of HH and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HH is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of HH. All “HH” trademarks on the Website are proprietary marks of HH and shall not be used without Hugo Hunter’s prior written consent. Hugo Hunter’s trademarks may not be used in connection with any product or service that is not provided by HH in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HH. All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of hose vendors. If You use such trademarks or logos, you must include appropriate attribution. You may not use such trademarks or logos without express permission. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with HH.
Representations and Warranties
You represent and warrant to HH that: (i) You have the full power and authority to enter into and perform Your obligations under these Terms; (ii) Your assent to and performance of Your obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which You are bound, or any applicable laws, regulations or rules; (iii) all information provided by You on Your account is accurate and current and will be updated by You to remain current; (iv) all the provisions of these Terms constitute legal, valid, binding and
enforceable obligations on You; (v) You will not infringe the patent, copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right of any third party in Your use of the Website and Services; (vi) You will comply with all applicable laws, rules and regulations in Your use of the Website and Services, as well as these Terms; and (vii) You understand and acknowledge that HH may terminate these Terms at any time in its sole
discretion.
Disclaimer of Warranties
The Website is provided by HH on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, HH makes no representations or warranties of any kind, express or implied, that the Website or Services or their use (i) will be free from defects, inaccuracies or errors, (ii) will be uninterrupted or secure (iii) will meet Your requirements or (iv) will operate in the configuration or with the other software You use. To the fullest extent permitted by applicable law, HH disclaims all warranties with regard to the Website, its content, and the Services, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Limitation of Liability
HH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE, SERVICES, OR THEIR USE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT IN NO EVENT SHALL THE DAMAGES AVAILABLE TO YOU FROM HH ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS, THE WEBSITE OR THE SERVICES EXCEED $1,000.00.
Indemnification
You agree to indemnify and hold HH, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Your use of the Services, the violation of this Agreement, or infringement by You, or other user of the Services using Your computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Services
HH reserves the right to modify or discontinue the Services with or without notice to You. HH shall not be liable to You or any third party should HH exercise its right to modify or discontinue the Services. You acknowledge and accept that HH does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Hugo Hunter’s control.
Registration
You may become a member (“Member”) by registering for an online password protected account to certain Services offered on the Website. Registration provides Members with access to interactive features. As a Member, You are responsible for completing registration form, maintaining the accuracy of the data supplied, and maintaining the confidentiality of Your user ID and password. HH reserves the right to cancel or terminate any user without prior notice and without any liability to You or any third party.
Third Party Sites
The Website may include links to, or the Website may direct You to, other sites on the Internet that are owned and operated by online merchants, vendors and other third parties. You acknowledge that HH is not responsible for the availability of, or the content located on or through, any third party site. You should contact the site administrator or webmaster for those third party sites if You have any concerns regarding such links or the content located on such sites. Your use of those third party sites is subject to the terms of use and privacy policies of each site, and You agree that HH is not responsible for any use, act or omission of any third party or third party site. You agree to review said privacy policies of third parties’ sites.
Governing Jurisdiction and Applicable Law The laws of the State of Tennessee will govern these Terms, without regard to any provision governing conflicts of law. Any dispute arising with regard to these Terms, the Website or the Services shall be brought before the federal or state courts located in Knoxville, Tennessee.
Compliance with Laws
You shall not use or access the Website or the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
Other Terms
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. HH may assign these Terms. You shall not assign these Terms. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between You and HH.
Other Terms
HH takes reasonable measures to safeguard Your privacy while visiting the Website. You agree that by accepting these Terms, You are consenting to Hugo Hunter’s Privacy Policy, which is incorporated herein by reference.
