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Terms of Use Agreement

Heritage Owners Club Terms of Use Agreement


Created March 25, 2011

Modified December 23, 2014


AGREEMENT BETWEEN USER AND The Heritage Owners Club ("The HOC")

The Heritage Owners Club Web Site ("Web Site") is comprised of various Web pages operated by The HOC. The Web Site is offered to you conditioned upon your acceptance, on your own behalf and on behalf of anyone you represent, without modification of the terms, conditions, rules and notices contained herein. Your use of the Web Site constitutes your agreement with this Terms of Use Agreement ("Terms of Use" or "Agreement").

MODIFICATION OF THIS TERMS OF USE AGREEMENT

The HOC reserves the right to change the Agreement under which the Web Site is offered, including but not limited to charges associated with use of the Web Site. The HOC may amend this Agreement or any other terms associated with use of the Web Site, at any time, by amendment to the version posted on the Web Site, whereafter any subsequent use by you of the Web Site will be taken as acceptance by you of the Agreement in its amended state.

USE OF COMMUNICATION SERVICES

The Web Site may contain bulletin board or forum services, chat areas, news groups, communities, personal web pages or blogs, calendars and/or other communication or message facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive message and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree when using a Communication Service you will not:
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others,
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, information or content,
  • Upload files that contain viruses, corrupted files, or any other similar software, programs or code that may damage the operation of another's computer,
  • Upload any images or other files into the Web Site gallery that you do not have or control all relevant rights for, that are not related directly to and have either you or a Heritage guitar or other Heritage Guitar, Inc. branded item plainly in view,
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages,
  • Advertise, promote or otherwise draw attention to any other web site, message board or online group which does or would compete directly with the Web Site,
  • Conduct or forward surveys, unless such Communication Service specifically allows such surveys, nor any contests, pyramid schemes or chain letters,
  • Download any file or content posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner,
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of origin or source of software or other material contained in a file or content that is uploaded,
  • Falsify registration information, impersonate any person or otherwise attempt to mislead others about your identity,
  • Restrict or inhibit any other user from enjoying the Communication Services,
  • Harvest or otherwise collect information about others, including but not limited to e-mail addresses, without their consent,
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service,
  • Violate any applicable laws or regulations.
The owner, Administrators and Moderators of the Web Site ("us" or "we") reserve the right to, but have no obligation to, monitor and remove any objectionable content uploaded to the Web Site, using any available Communication Service, without notice and at our sole discretion. We reserve the right to, but have no obligation to, terminate your, and other users' of the Web Site, access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The HOC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit or refuse to post or to remove any information or materials in whole or in part in The HOC's sole discretion.

Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. The HOC does not control or endorse the content, messages or information found in any Communication Service and therefore specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Administrators and Moderators are not authorized spokespersons of The HOC and their views do not necessarily reflect those of The HOC.

Content, information or materials uploaded to a Communication Service may be subject to a posted limitation on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the content, information or materials.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web Site you warrant to The HOC that you will not use the Web Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Web Site in any manner which could damage, disable, overburden or impair the Web Site or interfere with any other party's use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site.

THIRD PARTY LINKS

The Web Site may contain links to other web sites ("linked sites"). Any linked sites are not under the control of The HOC and The HOC is not responsible for the contents of any linked sites, including without limitation any link contained in a linked site or any changes or updates to a linked site. The HOC is not responsible for any content, webcast or any other form of transmission received from any linked site. The HOC is providing these links to you as a convenience and inclusion of any link does not imply endorsement by The HOC of the linked site or any association with its operators.

MATERIALS PROVIDED TO The Heritage Owners Club OR POSTED AT ANY Heritage Owners Club WEB SITE

The HOC does not claim ownership of the materials you provide to The HOC (including feedback and suggestions) or post, upload, input or submit to the Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The HOC, its affiliated companies and necessary sublicensees permission to user your Submission in connection with the operation of their Internet business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to use of your Submission, as provided herein. The HOC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The HOC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You agree that any Submissions you have provided, posted, uploaded, input or submitted are publicly available and that there is no expectation of privacy on your part.

You agree that any request by you to the owner, Administrators or Moderators of The HOC to remove any Submissions you have provided, posted, uploaded, input, or submitted, or to remove or delete your account on the Web Site, will be accompanied by a payment of US$50 (Fifty United States Dollars) to the PayPal account of The HOC (details will be provided upon request) for consideration of your request. Payment of said consideration fee does not obligate the owner, Administrators or Moderators of the HOC to remove any Submissions you have provided, posted, uploaded, input or submitted, or to remove or delete your account on the Web Site. Further, you agree that each additional communication by you subsequent to the initial request, whether electronically or via telephone or postal mail or any other means of transmission, will be accompanied by payment of an additional US$5 (Five United States Dollars) to the PayPal account of The HOC (details provided upon request) for consideration and review. The owner, Administrators and Moderators of The HOC reserve the right to, but are not obligated to, waive these consideration fees at The HOC's sole discretion.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE HOC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE HOC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE HOC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE HOC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE HOC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

SERVICE CONTACT: admin@heritageownersclub.com

TERMINATION/ACCESS RESTRICTION

The HOC reserves the right, in its sole discretion, to terminate, or otherwise limit, your access to the Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Midland County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The HOC as a result of this agreement or use of the Web Site. The HOC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The HOC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by The HOC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The HOC with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The HOC with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Any rights not expressly granted herein are reserved.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Web Site are copyright 2014 by The HOC and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Pursuant to Title 17, United States Code, Section 512©(2), notifications of claimed copyright infringement under United States copyright law should be sent to the Service Provider' Designated Agent.




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