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HMEdata.com USER AGREEMENT
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY USING
HMEdata.com, YOU ARE CONSENTING TO BE BOUND BY
AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEB SITE.
HMEdata.com (the web site, content, data and documentation), hereinafter
"THE SITE", are subject to the following license agreement. By
using THE SITE, you hereby accept these terms and conditions:
1. Membership Eligibility.
Our services are available only to
individuals who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to minors or to
temporarily or indefinitely suspended members. If you do not qualify,
please do not use our services. Further, your Premier Member account may not be
transferred or sold to another party.
2. Fees and Services.
Unless otherwise stated, all fees are quoted in U.S.
Dollars. You are responsible for paying all fees associated with using THE SITE and all applicable taxes.
2.1 Free Services
Sections of THE SITE designated as "Free" are free to use. Non-registered users will only
have access to these prortions of THE SITE.
2.2 Premier Services
Sections of THE SITE designated as "Premier" require registration and payment in full
before the "Premier Member" account is activated. Your email address serves as your
account ID and a randomly generated password will be emailed to that address when your account
is activated. Premier Memberships are valid for 1 year after activation and can be renewed upon expiration.
3. Access and Interference.
You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that you will
not use any device, software or routine to interfere or attempt to interfere
with the proper working of THE SITE. You agree that you will not take any
action that imposes an unreasonable or disproportionately large load on our
infrastructure. Much of the information on our site is updated on a real time
basis and is proprietary. You agree that you will not copy, reproduce, alter,
modify, create derivative works, or publicly display any content from THE SITE
without the prior expressed written permission of Tech-Savvy Consulting Incorporated
or the appropriate third party. Any billing data and/or information is designated only
for the use of you and your company and cannot be redistributed in any way.
4. Breach.
Without limiting other remedies, we may immediately issue a
warning, temporarily suspend, indefinitely suspend or terminate your membership
and refuse to provide our services to you: (a) if you breach this Agreement or
the documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or us.
5. No Warranty.
WE AND OUR SUPPLIERS PROVIDE THE SITE AND SERVICES
"AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE
AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights that vary from state to state. You are
responsible for verifying any data or information on THE SITE before using it on an
insurance claim. There is also no warranty on availability or response time either from
THE SITE or our staff.
6. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES
YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND
(B) $100. 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.
7. Indemnity.
You agree to indemnify and hold us and (as applicable)
our parent, subsidiaries, affiliates, officers, directors, agents, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference, or your violation of
any law or the rights of a third party.
8. Legal Compliance.
You shall comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your use of
THE SITE.
9. No Agency.
You and Tech-Savvy Consulting Incorporated are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
10. Notices.
Except as explicitly stated otherwise, any notices shall be
given by postal mail to Tech-Savvy Consulting Incorporated Attn: Legal Department PO BOX 7556
Wilmington, DE 19803 (in the case of Tech-Savvy Consulting Incorporated) or to the email address you provide to us
during the registration process (in your case). Notice shall be deemed given 24
hours after email is sent, unless the sending party is notified that the email
address is invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to us
during the registration process. In such case, notice shall be deemed given 3
days after the date of mailing.
11. Arbitration.
Any legal controversy or legal claim arising out of or
relating to this Agreement or our services, excluding legal action taken by Tech-Savvy Consulting Incorporated
to collect our fees and/or recover damages for, or obtain an injunction relating
to, THE SITE operations, intellectual property, and our services, shall be
settled by binding arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be conducted in Wilmington, Delaware, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof. Either you or
Tech-Savvy Consulting Incorporated may seek any interim or preliminary relief from a court of competent
jurisdiction in Wilmington, Delaware, necessary to protect the rights or property
of you or Tech-Savvy Consulting Incorporated pending the completion of arbitration. Should either party file
an action contrary to this provision, the other party may recover attorneys fees
and costs up to $1000.00.
12. General.
This Agreement shall be governed in all respects by the
laws of the State of Delaware as such laws are applied to agreements entered
into and to be performed entirely within Delaware between Delaware
residents. We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with by numerous factors
outside of our control. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. You agree that this Agreement and all incorporated agreements
may be automatically assigned by Tech-Savvy Consulting Incorporated, in our sole discretion, to a third party
in the event of a merger or acquisition. Our failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof. Sections 2 (Fees and Services) with
respect to fees owed for our services, 3 (Access
and Interference), 6 (Liability Limit), 7 (Indemnity) and 11 (Arbitration)
shall survive any termination or expiration of this Agreement.
13. Disclosures.
The services hereunder are offered by Tech-Savvy Consulting Incorporated,
located at PO BOX 7556, Wilmington, DE 19803.
Tech-Savvy Consulting Incorprated
Copyright (c) 2001.
All Rights Reserved.
Other product and company names appearing on our site or printed material
are used for identification purposes only and may be
trademarks or registered trademarks of their respective companies.
Registered and unregistered trademarks used in any Tech-Savvy Consulting Incorporated
products and materials are the exclusive property of their respective
owners.
Tech-Savvy Consulting Incorporated
PO Box 7556
Wilmington, DE 19803
U.S.A.
www.HMEdata.com
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