In order to use the Site, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access the Site.
License to Use the Site
The Company grants to you a limited, non-exclusive, non-transferable license to access and use the Site in accordance with the terms and conditions set forth in this agreement. The Company reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. Any use of the Site not specifically permitted under this agreement is strictly prohibited.
You agree that you will not: (i) use the Site to reproduce, transmit, display or distribute copyrighted material in any medium or via any method without the Company’s express written permission; (ii) copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided on the Site; or (iii) use the Site in any way that violates the terms of this agreement. The Site is owned by the Company and is protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this agreement is void.
You warrant you will not use the Site to: (i) upload, post, email, transmit or otherwise make available any information or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or illegal; (ii) impersonate any person or entity, including, but not limited to, a Company employee, representative, or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) upload, post, email, transmit or otherwise make available or use any information or material you do not have a right to make available under any law or under contractual or fiduciary relationships (including, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) upload, post, email, transmit or otherwise make available or use any information or material that infringes any patent, trademark, trade secret, copyright or any other proprietary or intellectual property right; (v) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; (vi) upload, post, email, transmit or otherwise make available any information or material that contains any software virus, any other malicious data or computer code, file or program designed to interrupt, destroy, limit or otherwise interfere with the performance or functionality of any computer software, hardware or telecommunication equipment; (vii) interfere with or disrupt the Site, or disobey any requirement, procedure, policy or regulation of any network connected to the Site; or (viii) violate any applicable local, state, national or international law.
Copyrights and Other Intellectual Property
As between you and the Company, you acknowledge that the Company owns or has a license to all title and copyrights in and to the content provided on the Site. All title and intellectual property rights in and to any licensed content provided on the Site is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without the Company’s prior written permission.
The Site may contain trademarks, service marks, graphics, and logos used in connection with the Company’s provision of products and services (collectively, the “Company trademarks”). The Site may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the Company trademarks or the trademarks of any third party.
While the Company tries to ensure accuracy, the Company reserves the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description. Product and service prices and specifications are subject to change without notice. The Company reserves the right to limit quantities. Descriptive, typographic, or photographic errors are subject to corrections.
Submissions or Other Information
The Company does allow users to submit or post information, including comments and photographs, on the Site. If you submit to us or post on the Site any testimonial, comment, review, suggestion, photographs, or any work of authorship (collectively a “submission”) including, without limitation, submissions about any of our products or services, such submission will not be confidential or secret, and may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us. By submitting or sending a submission to us, you: (i) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such submission have been waived, and (ii) you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
Disclaimers and Limitation of Liability
The success of the products advertised and sold through this website depends on the buyer’s adherence to detailed and specific instructions. Accordingly, ALL MATERIAL ON THIS SITE AND ALL PRODUCTS OBTAINED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES LINKED TO THIS SITE.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGES SHALL BE REPLACEMENT OF PRODUCT IN KIND AND QUANTITY. IN ANY CASE, COMPANY’S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THIS SITE OR THE PURCHASE AND/OR USE OF OUR PRODUCT.
The Site (including all of its content) is provided to you “as is”. Any use of the Site is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE SITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. Some jurisdictions do not allow the exclusion of implied warranties or limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
You acknowledge that your submission of any information to us is at your own risk. The Company does not assume any liability to you with regard to any loss or liability relating to such information in any way.
Some of the content, products, and services available through the Site may include materials that belong to third parties. You acknowledge that the Company assumes no responsibility for such content, products or services.
You will indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any suits or claims arising out of (i) your breach of this agreement, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party; or (ii) your use or misuse of the Site.
This agreement will remain effective until terminated by us.
You will be responsible for providing the dial-up, DSL, cable modem or other form of internet access and any other hardware and software necessary to access and use the Site.
The Company complies with all applicable laws. You agree that you will comply with all such laws applicable to you.
The Company or its business partners may present advertisements or promotional materials on or through the Site. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party materials on the Site.
If you know of, or suspect, copyright infringement, please send a notice to the Company at 309 Business Park Drive Fortville, IN 46040. The notice must contain all of the information set forth in section 512(c)(3)(a) of the U.S. Copyright Act, 17 U.S.C. § 101 et seq.
This agreement shall be governed by the laws of the State of Indiana. The exclusive jurisdiction for any claim, action or dispute with the Company or relating in any way to your use of the Site will be in the state and federal courts of the state of Indiana and the venue for the adjudication or disposition of any such claim, action or dispute will be in Hancock County, Indiana.
The Company may send notices to you with respect to your use of the Site by sending an email message to the email address listed in your account information, by sending a letter via U.S. mail to the contact address listed in your account information, or by a posting a note on the Site when you access your account. You agree that we may provide notice to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
For questions regarding the Site or your use of the Site, please contact us or send a letter to:
Holloway House, Inc.
309 Business Park Drive
Fortville, IN 46040