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PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO USE OF THE SITE
CAREFULLY. By using the site, you agree to the Terms and Conditions
of Use. We reserve the right, in our sole discretion, to change,
modify, add or omit portions of these Terms & Conditions at any
time. It is advisable to check the Terms & Conditions
periodically for changes which may have taken place. By using the
site after we post changes or omissions or modification to the Terms
& Conditions, you are agreeing to accept those changes, omissions
or modifications whether or not you have reviewed them. If you are
not in agreement with the Terms & Conditions, you should not use
our site and, if applicable, you should cancel your subscription
immediately by going to the Contact Us page and informing us of your
decision.
Perimeter
of Terms & Conditions
Unless
specifically indicated otherwise, the Terms & Conditions apply to
your use of the sites which are owned or operated by High Velocity
Programs and our affiliates (collectively, "we," "us,"
or "our"), including, without limitation, this site and any
other site that we may own or operate currently or in the future
(collectively, our "site"). For the purpose of the Terms &
Conditions, "affiliates" shall represent entities or
persons, directly or indirectly, owning a controlling interest in,
owned by, or under common ownership control with, High Velocity
Programs and its subsidiaries. Questions concerning affiliates should
be directed to the Contact Us page.
General
Terms & Conditions
Using
the site implies your agreement to be legally bound and your
agreement to abide by the Terms & Conditions, just as if you had
signed this agreement. If you fail to comply with the Terms &
Conditions at any time, we reserve the right, to terminate your
password, your subscription, user account, and/or access to the site.
In our sole discretion and without prior notice or liability, we may
perform maintenance on the site to facilitate upgrades, add
additional shutter software or make other such changes as to improve
the performance of the site and user experience. In the process we
may or may not need to close the site for a few hours. We reserve the
right to modify or alter any aspect of the site, including, but not
limited to, (i) closing for regular maintenance with notice to the
subscriber posted on the site in advance. (ii) Restricting the amount
of use permitted, by limiting the subscriptions to the use of the
company named as the subscriber and its designated employees and
(iii) restricting or terminating any user's right to use the site for
violations to the terms and conditions or the subscription agreement.
You agree any termination or cancellation of your access to or use
of, the site may be effected with/without prior notice. If you do not
abide by the provisions of these Terms & Conditions, except as we
may otherwise provide from time to time, you agree that we may
immediately deactivate or delete your user account and all related
information and files in your user account and/or bar any further
access to such information and/or files, or our site. You also agree
we are not to be liable to you or any third-party for termination or
cancellation of your access to, or use of, our sites due to
circumstances beyond our control or violations of the terms and
conditions or the subscription agreement.
On
occasion it may become necessary to supplement the Terms &
Conditions with additional terms and conditions pertaining to
specific content, activities or events. The additional terms may be
placed on the site to be viewed in connection with specific content,
activities, features or events it refers to and shall be identified
on the site as additional terms and conditions. By using the site you
in fact agreeing and understand the additional terms and conditions
are thereby incorporated by reference into the Terms &
Conditions. The additional terms and conditions may also be listed as
an addendum to these Terms and Conditions
Restrictions
on Use of Subscription
As
a subscriber, you are granted a non-exclusive, non-transferable,
limited right to access, use and display of this site and the
software provided hereon for the sole use of your business
activities, provided you comply completely with the provisions of the
Terms & Conditions, unless it is stated otherwise. You
acknowledge the site contains now or may contain in the future,
information, software, photos, video, text, graphics, music, sounds,
questions, creative suggestions, messages, comments, feedback, ideas,
notes, drawings, articles and other materials which will be described
as content, that is protected by copyrights, patents, trademarks,
trade secrets and/or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing
now or hereafter developed. All Content is copyrighted under the
United States copyright laws and/or, if applicable, similar foreign
laws, and we own a copyright in the selection, coordination,
arrangement and enhancement of such Content. All trademarks appearing
on the site are trademarks of their respective owners. Our commercial
partners, suppliers, advertisers, sponsors, licensors, contractors
and other third parties may also have additional proprietary rights
in the Content which they make available on the site now or may make
available at some point in the future. You may not modify, publish,
transmit, distribute, perform, participate in the transfer or sale,
create derivative works of, or in any way exploit, any of the
Content, in whole or in part. When Content is downloaded to your
computer or printer for the purpose of printing, you do not obtain
any ownership interest in such Content. Modification of Content or
use of Content for any other purpose, including, but not limited to,
use of any Content in printed form or on any other site or networked
computer environment is strictly prohibited unless you receive our
prior written consent. You may not reverse engineer, tamper, or use
any means available now or in the future to capture information or
content or forms from the site. You acknowledge all the content of
the site remains the property of the site or its affiliates and no
rights have been nor are intended or expected to be transferred to
any subscriber or any visitor of the site. Downloading any materials
or information or content with the exception of forms prepared for
printing downloaded to a printed by the site for the subscriber and
for the sole purpose of printing is strictly prohibited unless
expressed in a written agreement between you and High Velocity
Programs. You further agree and understand that downloading, reverse
engineering or use of other methods of obtaining material not
approved by High Velocity Programs and without expressed writing
permission of High Velocity Programs, will result in immediate
termination of the subscription and the former subscriber will be
prosecuted to the fullest extent of the law.
Privacy
and Policy
For
more information refer to our Privacy Policy, which is made part of
the Terms & Conditions by this reference.
Standards
and Conduct Guidelines
By
subscribing to the site acknowledge all content and all information,
software, photos, video, text, graphics, music, sounds, questions,
creative suggestions, messages, comments, feedback, ideas, notes,
drawings, articles and other materials emailed, or otherwise
transmitted to or on the site, whether at our request or voluntarily
transmitted, are the sole responsibility of the person who made such
transmitted materials. You accept responsibility for all
communications transmitted by you, via email or otherwise transmitted
to the site. We do not control the email or other transmitted
communications to our site by others and reserves the right not to
respond to communications we deem to be outside of our adopted
standards and conduct guidelines listed below. The following are our
adopted standards and conduct guidelines for the users of our site
described below.
You
agree not to use the site to:
Upload, email or otherwise
transmit communication or other materials which in our soul
discretion are unlawful, harmful, threatening, abusive, harassing,
tortuous, inflammatory, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
Impersonate any person or
entity, including, but not limited to, a director, officer,
employee, shareholder, subscriber, agent or representative of High
Velocity Programs our affiliates or subscribers or any supplier of
materials or products or any other person or entity, or falsely
state or otherwise misrepresent your affiliation with High Velocity
Programs, our affiliates or subscribers or any supplier of materials
or products or any other person or entity;
Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
materials transmitted to or through this site;
Transmit or cause to be
transmitted in any form, information, communication or any materials
which you do not have a right to transmit or cause to transmit under
law or under contractual or fiduciary relationships (such as but not
limited to, proprietary and confidential information learned or
disclosed as part of employment relationships or contained in
nondisclosure agreements);
Transmit or cause to be
transmitted in any form, materials infringing upon patents,
trademarks, trade secrets, copyrights, rights of privacy or
publicity or other proprietary rights of any party;
Transmit or cause to be
transmitted in any form unsolicited or unauthorized advertising,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or other forms of commercial
solicitation or information or materials construed as being or
containing nuisance materials.
Transmit or cause to be
transmitted content whether it is intended to or otherwise may
contain software viruses or computer code, files or programs
designed to interrupt, destroy, distort or limit the functionality
of any computer software or hardware or servers or network
communications or telecommunications equipment or any electronic
equipment or software interruptions;
Disrupt in any way subscriber
usage, cause any disturbance to any portion of this Website or
impede usage, or otherwise act in a manner that negatively affects
other users' ability to use any portion of the site within the scope
of their respective subscription;
Interfere with or disrupt this
Website or servers or networks connected to this Website, or disobey
any requirements, procedures, policies or regulations or usage
agreement of this site;
Intentionally or otherwise
violate by act or act of omission any applicable local, state,
national or international law, including, but not limited to, any
regulations having the force of law;
Harass, stalk or otherwise
cause discomfort to another user or employee of this Website; or
Solicit in any way or cause an
attempt to collect personal or commercial data or about users of the
Website.
Privilege
to use the site depends upon compliance with the standards and
conduct guidelines set forth above. Privileges can and may be
limited to use of all or any portion of the site and/or take any
other appropriate measures to enforce the standards and conduct
guidelines if violations of the standards and conditions set forth
are brought to our attention. Failure to adhere to the standards and
conduct guidelines, at our discretion, will result in termination of
subscription and use of the site.
Transmitted
Content
If,
requested or otherwise, you transmit to us or to the site
information, software, photos, video, text, graphics, music, sounds,
questions, creative suggestions, messages, comments, feedback, ideas,
notes, drawings, articles, stories about yourself, or other materials
transmitted, the transmitted content shall be considered and deemed
to be, and shall remain, our property unless other arrangements have
been negotiated by way of written agreement prior to transmitted
content except as described in Privacy Policy, none of the
transmitted content shall be subject to any obligation of confidence,
and you agree to hold us harmless and not liable for any use or
inclusion or disclosure of any transmittals you generate to us or to
our site. You further understand and agree that by transmitting or
causing to be transmitted to us or our site, you grant us, our
successors and assigns perpetual, royalty-free, irrevocable,
non-exclusive rights and moral rights and agree to a consent to
license and consent to broadcast, use, reproduce, modify, adapt,
include, translate, publish, create derivative works from,
distribute, sell, lease, communicate to the public, perform and
display any transmitted materials or ideas whether whole or in part
and with or without acknowledgment of your name or your company,
worldwide and/or as we see use to incorporate the content in other
works in any form, whether media, or technology available today or
developed at a later date, for the full term of copyrights,
trademarks and intellectual and proprietary rights that may exist in
or that may become part of the transmitted content. By transmitting
the content to us you also warrant that any third party holder of any
Rights, including moral rights to the content of the transmitted
materials, has validly and irrevocably granted you the right to grant
the license and usage described and stated above. Further you agree
and acknowledge and that you have the right to convey that content
and that we, our successors and assigns shall be entitled to full and
unrestricted use of the materials for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the
transmitted materials.
Linked
Sites
Terms &
Conditions apply only to this site, and not to the sites of any other
person or entity. We may provide, or third parties may provide, links
to other worldwide websites or resources. You acknowledge and agree
not to hold us responsible for the availability of those external
sites or resources, and understand and agree we do not endorse and we
are not responsible or liable for the content, products, advertising,
information, or other links on or available from links to other
websites or resources. You agree and acknowledge, there are no
circumstances under which, we will be held responsible or liable,
either directly or indirectly, for any loss or damage of any kind
whatsoever that is caused or has been alleged to have caused you any
type of loss in any circumstance in connection with your use of, or
reliance on, any content, advertisements, products or other resources
available on any other website regardless of whether this site
directly or indirectly links to the content, products, banners,
advertisements or solicitations, or supplies or other resources of
any kind or type. You should direct any concerns with respect to any
other website to that website's administrator or webmaster.
Third
Party Products and Services
As
a subscriber, you may order services or products described on our
site or provided on order forms from other parties collectively,
referred to as the "Third Party Sellers". All matters
concerning the services, and products desired from the Third Party
Sellers, including, but not limited to, purchase terms, payment
terms, warranties, guarantees, maintenance and delivery, are solely
between you and the Third Party Sellers. No warranties are implied or
otherwise given by High Velocity Programs or
HighVelocityPrograms.com, nor do we, High Velocity Programs or
HighVelocityPrograms.com, endorse or claim any representations
whatsoever with regard to the services, products or supplies provided
by a Third Party Seller. We will not be considered as nor construed
as, a party to those transactions, regardless of whether or not we
may have received some form of revenue or other remuneration or
compensation in connection with such transactions, and we will not be
considered liable for any costs or damages arising out of a
transaction involving a third party, either by direct or indirect
methods, by you or by any other person involved or related to the
transactions in any way whatsoever.
Copyright
and Intellectual Property
High
Velocity Programs, HighVelocityPrograms.com, respects the
intellectual property of others, and in so doing, request our users
to respect the intellectual property rights of others. If in our
discretion we determine a user has violated the intellectual property
rights of another or others we will terminate the right of the user
to the use of our website and the subscribers’ subscription will be
cancelled. If you have reason to believe or are of the belief, your
work has suffered a copyright infringement or if you are aware of
someone doing so to another, please use our Contact Us page to inform
us so we may forward your communication to our General Counsel and
proceed with remedy.
Password
and User Account
As
a subscriber of this site’s software, you are completely
responsible for maintaining security and confidentiality of your
password and user account information. You are instructed and
responsible for notifying us via the Contact Us page, as soon as the
violation comes to your attention. In the event of suspected
unauthorized or confirmed unauthorized use of your account
Subscription, including loss, theft, or unauthorized disclosure of
your or anyone else's password you are responsible to report this
immediately. Responsibility for all activities occurring and
involving user account information are the sole responsibility of the
designated user and subscriber. It is your responsibility for
reporting immediately to notify us of unauthorized use of your
account or any other breach of security known to you.
Disclaimer
Informational
software applications and forms, provided by this site on a
subscription base are published by way of the Internet and is
intended only to assist subscribers in calculating quotes, assembly
sheets, packing/installer sheets, material lists, cost analysis, cut
sheets, order forms and inventory. Nothing contained in this site
should be construed as substituting or replacing a contract at the
point of sale. The information and reports generated should not be
interpreted as a substitute for measuring finished sizes, evaluation
of opening for suitability, slat coverage on assembly tables,
evaluation of product usage, second measures, installation of
shutter, physical inventory counts, and/or other such precautions as
may be deemed necessary to the facilitate the expected outcome of
product assembly or purchase.
The
site is intended for use only by those individuals who have been
determined by their employer to have sufficient knowledge and
sufficient experience in this industry so as to understand product
terms and descriptions and usage and applications enabling the
individual to make pertinent decisions on behalf of their company
resulting in the appropriate product application to the appropriate
intended result of its use.
Warranties
and Disclaimers
The
products, offerings, content, calculations, software, forms and
materials on this site are provided "as is" and without
warranties of any kind, either expressed or implied, including but
not limited to implied warranties of merchantability and fitness for
a particular purpose, compatibility, security, accuracy or
non-infringement. Neither high velocity programs, inc, our
affiliates, nor any of our or their licensors, licensees, service
providers or suppliers or employees or representatives warrant the
site or any function contained in the site will be uninterrupted or
error-free, defects will be corrected, or the site or the servers
making the site available to be free of viruses or other harmful
components. Product, content and materials, forms obtained or
downloaded for the purpose of printing, through the use of the site
is done at your sole risk and you will be solely responsible for any
damage to your computer system or loss of data that results from the
of use or reliance any such product, content or material. Neither
high velocity programs, inc, our affiliates, nor any of our or their
licensors, licensees, service providers or suppliers or employees or
representatives warrant or make any representations regarding the use
or the results of the use of the products, offerings, content,
software and materials contained in the website in terms of their
correctness, accuracy, reliability, or otherwise. Please note no
advice or information, provided to you or obtained by you from our
personnel or via the site shall creates any warranty whatsoever
unless expressly provided for in these terms & conditions.
Limitation
of Liability
By
using the site you are expressing your understanding and agreement
that we and our affiliates shall not be liable for any direct,
indirect, incidental, unique, resulting, consequential, exemplary or
punitive damages, or any other damages whatsoever, including but not
limited to, damages for loss of profits, goodwill, use, data or other
intangible losses (even if we have been advised of the possibility of
such damages), arising out of, or as a result from, (a) the use or
the inability to use the site; (b) the use of content or other
materials or forms on the highvelocityprograms.com site or any
website or websites linked to the highvelocityprograms.com site, (c)
the cost of procurement of substitute goods and services resulting
from any goods, data, information, computation or services purchased
or obtained or subscribed or messages received or transactions
entered into through or from this website; (d) unauthorized access to
or alteration of your transmissions or data; (e) statements or
conduct of any third party on our website; or (f) any other matter
relating to our website. In no event shall our total liability to you
for all damages, losses, and causes of action (whether in contract,
tort (including, but not limited to, negligence), or otherwise)
exceed the amount paid by you, if any, at the time you assert such
damages may have occurred, for accessing our website. If you are
dissatisfied with any portion of our website, or with any of these
terms & conditions, it is your sole and exclusive remedy to
discontinue your use of this website.
Indemnification
By usage of the
site and its content you are agreeing to indemnify and hold harmless
and further agree, at our request, to defend High Velocity
Programs/HighVelocityPrograms.com, our affiliates, and our and their
officers, directors, employees, stockholders, agents and
representatives and contractors from any and all third party claims,
liabilities, damages and/or costs which will include, but not be
limited to, reasonable attorneys fees and expenses, which may arise
from your improper use of this site or our products or offerings,
or/and your violation of the Terms & Conditions, and/or your
infringement, or the infringement or use by any other user of your
subscription, and/or by your violating any intellectual property
right and/or other right of any person or entity regardless of a
direct or indirect association with your Subscription.
Governing
Law
By your use
of the site you are agreeing that the Terms & Conditions shall be
governed by and construed in accordance with the laws of the State of
Mississippi, without giving effect to any principles of conflicts of
law. Further, you agree any action at law or in equity arising out of
or relating to your use of this site or these Terms & Conditions
shall be filed only in the state or federal courts located in
Harrison County in the State of Mississippi and you agree to consent
and submit to the jurisdiction of such courts for the purposes of
litigating any such action.
Miscellaneous
Terms
By usage of
the site you are agreeing that in any action against us arising from
the use of this site, the prevailing party shall be entitled to
recover all legal expenses incurred in connection with the action,
including but not limited to its costs, and reasonable attorney's
fees.
If
any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these terms and conditions and that severance shall not affect
the remaining provisions and their validity and enforceability. The
Terms & Conditions, together with the Subscription Agreement (if
applicable), are the entire agreement between you and us relating to
the subject matter herein. If you are a subscriber to our online
subscription products, in the event of any conflict between these
Terms & Conditions and the Subscription Agreement, the
Subscription Agreement shall control. These Terms & Conditions
may be modified only by our posting of changes to these Terms &
Conditions on this site, or by written agreement of both parties.
Each time you access this site, you will be deemed to have accepted
such changes.
We
reserve the right to assign our rights and obligations under these
Terms & Conditions. The Terms & Conditions shall endure to
the benefit of our successors, assigns and licensees. Failure of
either party to insist upon or act toward enforcing the absolute
performance of the other party with respect to the provisions of the
Terms & Conditions, or to demand action with respect to any right
under the Terms & Conditions, is not to be construed as a waiver
or relinquish in any way the extent of the party's right to assert
and/or rely upon provisions or rights in that or any other instance;
to the contrary, the same will be and shall remain in full force and
maintain its full effect on the parties.
(Modified
as of August 22, 2005)
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