Welcome
to Hurley House. We maintain this Web site as a service
to our customers. By using our site, you are agreeing to
comply with and be bound by the following terms of use.
Please review the following terms carefully. They do not
alter in any way the terms or conditions of any other
agreement you may have with Hurley House for other
services purchased or otherwise obtained from us. Hurley House
reserves the right to change or modify any of the terms
and conditions contained in the Site Terms or any policy
or guideline of the Site, at any time and in its sole
discretion. Any changes or modification will be
effective upon posting of the revisions on the Site.
Your continued use of this Site following the posting of
its changes or modifications will constitute your
acceptance of such changes or modifications.
BY
ACCESSING, BROWSING, SEARCHING, DOWNLOADING, USING,
TRANSACTING BUSINESS ON-LINE, OR PURCHASING FROM THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES THAT MAY
BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO
THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT
ACCESS, SEARCH, DOWNLOAD FROM, BROWSE, TRANSACT BUSINESS
ON-LINE OR OTHERWISE USE THIS SITE.
1.
Copyright. The content, organization, graphics,
design, compilation, database information, selection,
coordination, and arrangement of the database, magnetic
translation, digital conversion and other matters
related to the Site are protected under applicable
copyrights, service marks and other proprietary
(including but not limited to intellectual property)
rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site,
except as allowed by Section 3, is strictly prohibited.
You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The
posting of information or materials on the Site does not
constitute a waiver of any right in such information and
materials.
2.
Service marks. "Hurley House" is
a service mark of Hurley House. Other service and
company names mentioned on the Site may be service marks
of their respective owners.
3.
Limited Right to Use. The viewing, printing or
downloading of any content, graphic, form or document
from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use
and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may
be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or
redistribution). You may not use or utilize framing
techniques to enclose any service mark, logo or
other proprietary information (including the images
found at this Site, the content of any text or the
layout/design of any page or form contained on a page)
without express written consent. Further, you may not
use any meta tags or other "hidden text"
utilizing the Hurley House name or service mark without
written consent. Any unauthorized use of this Site will
terminate the permission or license granted by these
Site Terms and may violate applicable law including
copyright laws, trademark laws, and communications
regulations and statutes.
4.
Editing, Deleting and Modification. We reserve
the right in our sole discretion to edit or delete any
documents, information or other content appearing on the
Site.
5.
Indemnification. You agree to indemnify, defend
and hold us and our principals, attorneys, staff and
affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim
and expense, including reasonable attorneys' fees,
related to your violation of these Site Terms or misuse
of the Site.
6.
Disclaimer and Limits. THE INFORMATION FROM OR
THROUGH THE SITE IS PROVIDED "AS IS," "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF
TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL
RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY
VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE
LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM
LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL
TO THE PURCHASE PRICE YOU PAY FOR ANY SERVICES OR
INFORMATION.
Hurley House
RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT
CONTAINED ON THIS SITE AT ANY TIME WITHOUT NOTICE.
REFERENCE TO ANY SERVICES, PROCESSES, OR OTHER
INFORMATION, BY TRADE NAME, SERVICE MARK, NAME OF
MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR
IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF
BY Hurley House.
7.
Miscellaneous. This Agreement shall be treated as
though it were executed and performed in the United
States, and shall be governed by and construed in
accordance with the laws of the United States (without
regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any
information or services related thereto) must be
instituted within one (1) year after the cause of action
arose or be forever waived and barred. The language in
this Agreement shall be interpreted as in accordance
with its fair meaning and not strictly for or against
either party. All legal proceedings arising out of or in
connection with this Agreement shall be brought solely
in the courts located in the United States. You
expressly submit to the exclusive jurisdiction of said
courts and consent to extraterritorial service of
process. Should any part of this Agreement be held
invalid or unenforceable, that portion shall be
construed consistent with applicable law and the
remaining portions shall remain in full force and
effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision nor of the
right to enforce such provision.