1.
General.
1.1 This Agreement governs your use of
this web site and its associated services (the "Web
Service"), including any interactive chat and forum
discussion areas (the "Interactive Areas"), which
are owned and operated by Health Freedom Expo and its subsidiaries,
affiliates, divisions and related companies ("HFE").
1.2 HFE reserves the right, in its discretion,
to change or modify all or any part of this Agreement at
any time, effective immediately upon notice published on
the Web Service. Your use of the Web Service constitutes
your binding acceptance of these terms and conditions, including
any changes or modifications made by HFE as permitted above.
If at any time the terms and conditions of this Agreement
are no longer acceptable to you, you should immediately cease
use of the Web Service and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service
contains information, software, photographs, audio and
video clips, graphics, links and other material that are
protected by copyright, trademark or other proprietary
rights of HFE or third parties, including but not limited
to product names, logos, designs, titles, and words or
phrases which may be registered in certain jurisdictions
(collectively, the "Content"). You agree to comply
with any additional copyright notices, information, or
restrictions contained in any Content available on or accessed
through the Web Service. Users of the Web Service may use
the Content only for their personal, noncommercial use.
Users of the Web Service wanting to use the content for
commercial use must obtain prior express written permission
of HFE.
2.2 You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of
the content, in whole or in part, except as otherwise expressly
permitted in this Agreement. Content consisting of downloadable
software may not be reverse-engineered unless specifically
authorized by the owner of the software’s patent and/or
copyright. Subject to the provisions of this Agreement, you
may post on the Web Service any content owned by you (such
as your original statements), content for which you have
received express permission from the owner, and content in
the public domain. You assume all right and responsibility
for determining whether any content is in the public domain.
You grant to HFE the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose
any content that you place on the Web Service without compensation
to you. You represent and warrant that you are authorized
to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this
web site that is indicated to be for sale except under the
terms of the sale. Such content is the protected and copyrightable
property of HFE. "Free"
content may be downloaded for your personal use or noncommercial
distribution consistent with the terms defined in this Agreement.
When using both purchased and "free"
content, you will maintain and include all copyright and
other notices contained in such content. Except as expressly
permitted by the copyright laws, no copying, storage, redistribution
or publication of any content is permitted without the express
permission of HFE or the owners of such content or their
authorized persons if other than HFE.
3. Rules of Conduct. You shall not post
on the Web Service any content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening;
(b) contains viruses or other contaminating or destructive
features; (c) violates the rights of others, such as content
which infringes any copyright, trademark, patent, trade secret
or violates any right of privacy or publicity; or (d) otherwise
violates any applicable law or reputation. You may not post
on the Web Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Web
Service for any commercial purpose not expressly approved
by HFE, nor shall you distribute any advertising or solicitation
of funds or goods and services or solicit users to join competitive
online services.
4. Managing Content. HFE does not and cannot
review the content posted by users on the Web Service and
is not responsible for such content. However, HFE reserves
the right to delete, move or edit any content (including
content posted in any Interactive Area) that it may determine,
in its sole discretion, violates or may violate this Agreement
or is otherwise unacceptable. You shall remain solely responsible
for all content posted by you. HFE shall have the right but
not the obligation, to correct any errors or omissions in
any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 HFE does not represent or endorse
the accuracy or reliability of any content posted on any
Interactive Area and you acknowledge that any reliance
upon such content shall be at your sole risk. Any content
placed on any Interactive Area by users are the views of
the user posting the statement, and do not represent the
views of HFE or its advertisers or sponsors.
5.2 The Web Service may contain links to
sites on the Internet, which are owned and operated by third
parties (the "External Sites"). You acknowledge
that HFE is not responsible for the availability of, or the
content located on or through any External Site. You should
contact the site administrator or Webmaster for those External
Sites if you have any concerns regarding such links or the
content located on such External Sites.
6. Indemnity. You agree to indemnify, defend
and hold HFE and its affiliates, and their respective officers,
directors, owners, agents, information providers and licensors
(collectively, the "HFE Parties") harmless from
and against any and all claims, liability, losses, costs
and expenses (including attorneys’
fees) incurred by any HFE Party in connection with any use
or alleged use of the service under your user name by any
person, whether or not authorized by you. HFE reserves the
right, at your expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with HFE’s
defense of such claim.
7. Termination of Service. HFE reserves
the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Web Service,
including the Interactive Areas, at any time for any reason
without prior notice or liability. HFE may change, suspend
or discontinue all or any aspect of the Web Service at any
time, including the availability of any feature, database,
or Content (including the Interactive Areas), without prior
notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER HFE NOR ANY PROVIDER
OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS
WARRANTS THAT THE WEB SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES HFE, ANY THIRD PARTY CONTENT
PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE
WEB SERVICE OR THE CONTENT. THE WEB SERVICE AND THE
CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NEITHER HFE, THIRD PARTY CONTENT PROVIDERS, NOR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR
SERVICES SOLD THROUGH THE WEB SERVICE. NEITHER HFE
NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT
ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB
SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF
THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER HFE NOR ANY THIRD PARTY CONTENT
PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT
OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW EXCLUSION
OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF HFE,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. INVESTOR INFORMATION. Investor relations
materials on this web site are provided for convenience only,
and speak only as of their original date or the date specified
therein. Available information may change at any time and
may not be reflected on this web site. HFE disclaims any
responsibility to update this web site.
10. FORWARD-LOOKING STATEMENTS. The statements
contained in this site and other materials accessible through
these pages that are not historical in nature are forward-
looking statements that involve risks and uncertainties.
Although management of HFE believes that its expectations
are based upon reasonable assumptions within the bounds of
its knowledge of HFE's business, there can be no assurance
that the Company's financial goals will be realized. Numerous
factors may affect the Company's actual results and may cause
results to differ materially from those expressed in forward-looking
statements made by or on behalf of the Company. Factors that
could cause actual results to differ materially include fluctuations
in advertising revenue with general economic cycles; management's
ability to identify, finance, complete and integrate acquisitions;
the performance of Internet/Broadband trade shows and conferences;
the seasonality of revenue from publishing and trade shows
and conferences; the success of new products; increases in
paper and postage cost; the infringement or invalidation
of HFE's intellectual property rights; and the factors listed
from time to time in HFE's reports filed with the Securities
and Exchange Commission. HFE does not undertake any obligation
to publicly update or revise any forward-looking statements
in this site whether as a result of new information, future
events or otherwise.
11. MISCELLANEOUS. This Agreement shall
be construed in accordance with the laws of the State of
Indiana, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state
courts located in Kosciusko County in the State of Indiana.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. All provisions hereof
shall survive any termination of this Agreement as well as
any other revisions which by their terms or sense are intended
to survive. |