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HALFF ASSOCIATES, INC. - TERMS AND CONDITIONS FOR WEBSITE USAGE
The Terms and Conditions contained on this website control (hereinafter referred to as "Website") and govern your use of this Website as well as the materials that may be accessed on or from this Website. These Terms and Conditions should be read carefully before accessing or using any information or data contained on or related to this Website. Please do not use or access this Website unless you fully understand and agree with these terms.
The following terms and conditions are summarized and these summaries are written in plain English to aid in your understanding. These summaries are not intended to replace the actual text and shall not be used in lieu of the actual language provided in the specific clauses provided below but are merely placed here to provide a summary understanding of the specific terms.
"Plain English" Summary:
- The purpose of this Website is to provide information to others.
- All information contained on this Website belongs to Halff.
- Anyone who accesses this Website does so at their own risk. There are no privacy guarantees.
- No warranties or other representations are made and we have the sole right to prevent anyone from entering this Website. All information is "AS-IS".
- Similarly, anyone that accesses this Website agrees to do so in a manner that is appropriate.
- Anyone that accesses or submits information or data that is either inappropriate or damaging, in any way, to this Website or Halff Associates, Inc. does so with the understanding that we may utilize any and all rights we may have to find remedies for such damage.
- The laws of the State of Texas and the United States of America are primary. The laws of the locale of any person accessing this shall also apply, to the fullest extent practicable.
- You agree that Halff Associates, and all of our employees, affiliates and others related to Halff Associates, Inc. are not liable for any damages you may incur. Even though we have no liability your use of this Website, in the event that we are compelled by others to pay damages, you also agree that the maximum amount that could ever be required to pay would be $100.
I. LIMITATIONS ON ACCESS AND USE - The Terms and Conditions contained on this Website exclusively govern your access and use and do not alter or affect the terms and conditions of any other agreement that you may have or may enter into with Halff Associates, Inc. or any of its other business entities or subsidiaries. Please note that this Website may contain pages or areas that are restricted or require special access privileges (these may include project extranets, links or e-commerce sites) which may require the application of additional or special terms and conditions which may be accessed through a separate link on the home page of that website.
II. TERMINATION - Notwithstanding any of these Terms and Conditions and without any notice required, we reserve the right in our sole judgment and discretion to terminate any license to use this Website, and to block or prevent future access to and use of this Website.
III. DISCLAIMER - THIS WEBSITE AND THE MATERIALS UNDER THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HALFF ASSOCIATES, INC. FULLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HALFF DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON OR IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. FURTHERMORE, HALFF DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In order to improve our service to you, we reserve the right to make changes in the access, operation, and content of this Website at any time without notice. We also reserve the right to make changes in these Terms and Conditions as well as the Privacy Statement, so please check before each use for changes. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply any endorsement, sponsorship or recommendation thereof by us.
IV. INTELLECTUAL PROPERTY - This Website and any and all information contained on or in this Website, including without limitation design related information, text, images, layout, graphics, photos, format, white papers, press releases, other visual elements of the Website and other information, is protected under United States and other copyright laws and is owned by Halff Associates, Inc. or is being used under license from the copyright owner. No information may be copied reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Halff Associates’ prior written consent, except to the extent that such use is authorized under the United States copyright laws. Halff Associates' trademarks, logos, images, and service marks used on this Website are the property of Halff Associates, Inc. and are owned or have been duly licensed by Halff Associates, Inc., WITH ALL RIGHTS RESERVED and may not be used without prior written permission from Halff Associates, Inc. and then only with proper acknowledgment.
V. NO REPRESENTATIONS AND WARRANTIES - While Halff Associates, Inc. attempts to make sure that only accurate and up-to-date information is presented on this Website, we assume no responsibility for, and makes no representations with respect to, the accuracy of any information presented here. While we strive to provide timely, accurate and complete information, it is possible that you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. If you find any inaccurate information please bring it to our attention at webmaster@halff.com. Since such mistakes may occur, please understand that all materials and information are presented "AS IS," and HALFF ASSOCIATES, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING ANY WARRANTIES RELATED TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. HALFF ASSOCIATES, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HALFF ASSOCIATES, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL HALFF ASSOCIATES, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED, OR LOSS OF PROFITS OR REVENUES.
VI. CONDUCT OF WEBSITE USERS - For the convenience of those who visit our Website there may be some areas that allow for interactive communication, some of which may be conducted in "real time". You agree not to post any content which is or may be, in whole or in part: false, unlawful, criminal, fraudulent, misleading, infringing, libelous, slanderous, defamatory, profane, racist, sexist, threatening, inflammatory, obscene, invasive of personal or privacy rights, advertising, promoting or soliciting for commercial purposes, containing any known viruses or bugs, or which is otherwise harmful, offensive, inappropriate, or unprofessional. Halff Associates, Inc. is under no compulsion to, and has no obligation to, monitor, screen, filter or edit any information, communication, or content that is directly posted by or shared by users on the Website, however we may at our sole discretion from time to time monitor use of the Website, and we reserve the right to delete or edit any objectionable content posted or submitted by authorized users, terminate the user's access to the Website, deny future access, or take any other action we deem appropriate under the circumstances. Please report any such violations to us at webmaster@halff.com. Halff Associates, Inc. agrees to use our best efforts to handle any personally identifiable data or information posted by you in accordance with our privacy statement(s), however, any third party liability or usage which may arise from your posting will be solely at your own risk. Information obtained through monitoring our Website may also be used for duly authorized law enforcement investigations. We also reserve the right to identify and investigate inquiries to the extent required to comply with applicable laws and regulations, including but not limited to U.S. export control laws and executive orders. Halff Associates, Inc. will have no liability for any content posted by users on any Website (including Secured Sites, if any).
VII. CONFIDENTIAL INFORMATION - We discourage you from sending or posting to this Website any information that is confidential or proprietary or that is considered to be confidential or proprietary. Please note that if you do send or post any such information or material, we will assume that it is not confidential. By sending or posting any information or material, you grant Halff Associates, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you agree that we are free to use any ideas, concepts, know-how or techniques that you send or post for any purpose.
VIII. COMPLIANCE WITH ALL LAWS - This Website is operated from servers located in Richardson, Texas. You agree that your use of this Website will be in compliance with all applicable laws and regulations. You also understand that some information provided on and through this Website or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HALFF ASSOCIATES, INC. HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
IX. WEBSITE SECURITY - One of our goals is to keep this Website, to the fullest extent practicable, open and available to all users. Notwithstanding this goal we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Please understand that even though we strive to keep these mechanisms up to date, there exist technical uncertainties, which make it impossible to represent or warrant that the content, information, or links in this Website are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS WEBSITE. Unauthorized attempts to upload, insert, or change any information or image on this Website or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
X. LINKING - As a convenience, this Website may contain links to other sites that are not controlled by, or affiliated or associated with, Halff Associates, Inc. Therefore, we cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Website, or websites linking to this Website. Accordingly, we do not make any representations concerning the privacy practices or terms of use of such sites, nor do we control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, video, messages or other materials available on such sites. The inclusion or exclusion does not imply any endorsement by Halff Associates, Inc. of the site, the site's provider, or the information on the site.
XI. ACCESS OUTSIDE UNITED STATES - If you are accessing this Website from a location outside of the United States, you are doing so at your own risk, and regardless of your intent or purpose you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, requirements and rules of the United States, including its export compliance laws and regulations. Furthermore, you are responsible for complete compliance with the laws, rules, regulations, directives, codes and requirements of the jurisdiction from which you are accessing this Website, as well as any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Website, or any commercial transactions conducted on or through this Website.
XII. PRIVACY - Halff Associates, Inc. recognizes and respects the privacy of users of this Website. If you choose to provide us with information about yourself, we agree to act in a responsible manner. However, please understand that we may store and disclose personal information as allowed or required by applicable law, including making disclosures that are necessary or advisable to (A) protect the rights, safety or property of Halff Associates, Inc., our employees, or others and (B) conform to legal or regulatory requirements. Without your express approval, however, we will not trade, sell or rent your personal information but we reserve the right otherwise collect and/or provide aggregate statistics to our users as well as other parties. We have no desire or intention of collecting any personal data from minors (children). When you view certain parts of this Website, information may be stored on your computer. This information will be in the form of a "Cookie" or similar file and will permit tailoring of this Website to better match your interests and/or preferences. This privacy statement only applies to information collected and maintained by Halff Associates, Inc.
XIII. COMMERCIAL USE NOT PERMITTED - No commercial use of the information on or under this Website is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on or from this Website is expressly prohibited where such systems are employed in connection with commercial objectives, or in a fashion that directly or indirectly violates the privacy interests of any individual.
XIV. LIMITATION OF LIABILITY AND INDEMNIFICATION - YOU AGREE THAT HALFF ASSOCIATES, INC. AND ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS WEBSITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HALFF ASSOCIATES, INC. AND ITS AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE WEBSITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, HALFF ASSOCIATES' AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS WEBSITE WILL NOT, IN ANY SITUATION, EXCEED THE SUM OF $100.00 (U.S. CURRENCY). ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
XV. APPLICABLE LAW AND DISPUTE RESOLUTION - You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of this Website shall be first submitted in writing to Halff Associates, Inc. within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to Halff Associates, Inc. which has not been resolved within a reasonable period time not to exceed six (6) months may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST HALFF ASSOCIATES, INC. BASED ON YOUR ACCESS OR USE OF THIS WEBSITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Dallas, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.
XVI. SEVERABILITY - If any provision of these Terms and Conditions is deemed or finally adjudged by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision, or portion thereof, shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Thank you for visiting www.halff.com. If you have any questions, comments, or suggestions concerning this Website, we would like to hear from you. Please contact info@halff.com.
These Terms and Conditions were last updated on 25 April 2008 - LDT