|
High Fusion Terms & Conditions for Use of this Website
This document was last updated on February 15, 2005
Thank you for visiting our website. By accessing or using any areas of our
Web site www.HighFusion.com, www.HighFusion.net, www.wichitawebdesign.com
and all related servers operated by High Fusion Incorporated, you are bound
by the terms and conditions set forth below, as well as the terms of our
Acceptable Use Policy and our website Privacy Statement. If you do not accept
these terms and conditions, you may not access or use this website. We retain
the right to modify these terms and conditions at any time by posting new
terms and conditions on this page.
Permission to Use this website
Many portions of this website are available for public viewing and use.
You must register or enter into a separate agreement with High Fusion Incorporated
to access other portions of this website. Subject to the terms and conditions
set forth on this page, our Acceptable Use Policy and our Privacy Statement,
and the terms and conditions of any license or other agreement pursuant
to which you use our products or services, High Fusion Incorporated grants
you permission to do the following: (i) view and use for intended purposes
those portions of this website to which we have granted you access; (ii)
make one complete, unaltered electronic copy and/or one complete, unaltered
paper copy of any page on this website to which we have granted you access,
provided you retain all copyright, trademark and other proprietary rights
notices and that you use it solely for personal or internal business purposes
and do not distribute or republish it; (iii) obtain our products and sign
up for our services, subject to payment of all applicable charges and agreement
to the terms and conditions of any license agreement or other agreement
associated with those products and services; and (iv) use the discussion
forums, contact lists and e-mail links to which you have been granted access
to interact with High Fusion Incorporated and other users of our products
and services in ways that do not violate our Acceptable Use Policy. Any
other use of this website or its contents is prohibited without first obtaining
written permission from High Fusion Incorporated.
Copyright, Trademarks and Other Proprietary Rights
This website contains text, data, software, photographs, graphics, videos,
music, sounds and other information and material that is protected by state,
national and international law pertaining to copyrights, trademarks, trade
secrets, and other proprietary rights. Unless indicated otherwise, all of
this content is the property of High Fusion Incorporated and/or its licensors
or affiliates, and High Fusion Incorporated and its licensors and affiliates
reserve all rights with respect to this website’s content, including, without
limitation, all rights to copy, display, distribute, transmit, modify, remove,
and create derivative works of it.
High Fusion Incorporated, High Fusion, Wichita Web Design, VRbill/VRbill.com
connected logo, High Fusion.com and HighFusion.net are trademarks of High
Fusion Incorporated. Use of High Fusion Incorporated's trademarks is subject
to the terms and conditions of our Trademark Usage Policy. Other trademarks,
product names, company names and logos appearing on this Web site are the
property of their respective owners. You must obtain permission from those
owners before copying or using their trademarks, product names, company
names or logos.
Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on
this Web site that are not password protected, subject to review and termination
by us at any time and for any reason. Please be aware that we continually
update and revise our website. We cannot guarantee that each page to which
you may provide a link will remain available or that its content will remain
the same.
You may not link to our website in any way that might lead others to believe
that our website or any of its contents were created or are operated or
offered by you or any party other than High Fusion Incorporated. Unless
you have entered into a separate written agreement with us permitting you
to do so, you may not frame or otherwise display any portion of our website
or any of its contents, nor may you place any text or other content on your
website that states or implies that there is any association between you
and High Fusion Incorporated.
You may not use any of High Fusion Incorporated's trade names, trademarks
or any of the textual content of our website as metatags in your own website,
unless we have granted you a license explicitly permitting you to do so.
Communication and Submissions via this website
Whenever you communicate with High Fusion Incorporated or others using this
website, including its forums and e-mail links, your communications are
nonconfidential. High Fusion Incorporated is free to use all submissions,
ideas and feedback contained in your communications in any manner that is
consistent with our Privacy Statement, including, but not limited to, incorporating
your suggestions into our product and service offerings without any financial
or other obligation to you.
Member Account, Security and Password
If any of the products or services available to you on this website requires
you to open an account, you must complete the registration process by providing
us with current, complete and accurate information as prompted by the applicable
registration form. You may be asked to choose a user name and/or password.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any
and all activities that occur under your account. You agree to notify High
Fusion Incorporated immediately of any unauthorized use of your account
or any other breach of security. High Fusion Incorporated will not be liable
for any loss that you may incur as a result of someone else using your password
or account, either with or without your knowledge. However, you could be
held liable for losses incurred by High Fusion Incorporated or another party
due to someone else using your account or password. You may not use anyone
else's account at any time, without the permission of the account holder.
Third Party Statements and Opinions
High Fusion Incorporated is not responsible for any opinions, advice or
statements made by third parties. Except as required by law, we have no
obligation to monitor user's postings to our forums or to remove or retain
forum content, although we reserve the right to do so.
Third Party Products, Services and websites
Third parties may develop or provide tools, skins or other website applications
or components, materials, data, content or other products or services for
use with our products or services, some of which may be accessible on or
via this website.
High Fusion Corporation makes no representation or warranty with respect
to the quality, reliability or non-infringement of any third party product,
service or material accessible on or via this website. Your rights with
respect to third party products, services or data may be subject to the
terms and conditions of separate agreements with the third parties providing
them.
This website may contain links to third party websites. These links are
provided solely as a convenience to you. Unless explicitly stated otherwise,
they are not intended as a certification or endorsement of the owner of
the website, the website’s content, or any products or services available
on or via the website. High Fusion Incorporated does not control and is
not responsible for linked websites, or any websites (other than our own)
that are linked to them.
No Warranties
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS. HIGH FUSION INCORPORATED, AND ITS DIRECTORS, OFFICERS,
EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS,
THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"),
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR
ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEB SITE AND
ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF
EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability
or quality of any products or services AVAILABLE VIA this website (except
as may be set forth in any license or other agreement related to those products
or services).
Limitation of Liability
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT
BETWEEN YOU AND High Fusion Incorporated PERTAINING TO High Fusion Incorporated'S
PRODUCTS OR SERVICES, Neither High Fusion Incorporated nor any of its affiliates
will be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER LOSSES OR damages arising out of or RELATED TO use of this website
OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE,
whether as a result of errors, omissions, LOSS OF DATA, defects, viruses,
interruptions or delays in operation or transmission, or ANY other cause.
THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES
UNDER WHICH RELIEF IS SOUGHT AND EVEN IF High Fusion Incorporated AND/OR
ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES
ALLEGEDLY SUFFERED.
IN NO EVENT WILL High Fusion IncorporatedS' AND ITS AFFILIATES’ TOTAL LIABILITY
WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS
WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.
Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability,
so the above exclusions AND limitations may not apply to you. IF any part
of The exclusions of DAMAGES OR LIMITATION OF liability set forth above
is unenforceable under applicable law, High Fusion IncorporatedS' AND its
affiliateS’ AGGREGATE LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
Export and Import Restrictions
This website is controlled and operated by High Fusion Incorporated from
its offices within the United States. High Fusion Incorporated makes no
representation that the products, services and other materials available
through this website are appropriate or available for use in other countries,
and access to them from countries where their contents or use is illegal
is prohibited.
Miscellaneous Terms and Conditions
The terms and conditions contained on this page apply generally to your
access to and use of this website and our products and services. Some of
these terms and conditions may be modified or superseded by expressly designated
legal notices located on other pages of this website or by the terms and
conditions of the licenses or other agreements pursuant to which you obtain
our products or services. A specific provision in any of those notices,
licenses or agreements that addresses the same subject matter as a provision
on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that High Fusion
Incorporated may take or exercise pursuant to these terms and conditions
or applicable law will constitute a waiver of that action or right by High
Fusion Incorporated.
Any litigation arising out of or related to your access to or use of this
website will be brought only in the United States District Court for the
State of Washington, or, if federal subject matter jurisdiction is lacking,
then in the Washington state trial court for the division and county in
which High Fusion Incorporateds' or its successor's or assign's principal
office in Kansas is then located. By accessing or using this Web site, you
submit to the personal jurisdiction of these courts and waive all objections
to placing venue exclusively before them. The prevailing party in any litigation
will be entitled, in addition to any other relief granted to it, to recover
reasonable attorney's fees, expenses and costs incurred in connection with
the litigation.
The terms and conditions contained on this page will be governed by and
interpreted in accordance with the laws of the State of Kansas, USA, without
regard to any of its choice of law rules that might lead to application
of the law of another jurisdiction. If any of the terms or conditions contained
on this page are determined to be invalid or unenforceable by a court of
competent jurisdiction, then the remaining terms and conditions will remain
in full force and effect, and the invalid or unenforceable term or condition
will be deemed superseded by a valid, enforceable term or condition that
matches the practical effect of the original provision as closely as possible.
These terms and conditions set forth our entire agreement with you related
to your use of this website, and they prevail over any other communications
we may have regarding its use, with the exception of an agreement signed
by an authorized representative of High Fusion Incorporated that explicitly
authorizes a use which is inconsistent with these terms and conditions.
|
