Hardy's Handicap Terms of Use

Terms of Use

Last modified November 1, 2010

Overview
The following are terms of a legal agreement between you and Hardy's Handicap. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

Hardy's Handicap may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Hardy's Handicap may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General
This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed.

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Hardy's Handicap's prior written consent, except that Hardy's Handicap grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Hardy's Handicap does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media.

Certain disclaimers
Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Hardy's Handicap assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Hardy's Handicap provides no assurances that any reported problems will be resolved by Hardy's Handicap, even if Hardy's Handicap elects to provide information with the goal of addressing a problem.

Confidential information
Hardy's Handicap does not want to receive confidential or proprietary information from you through our Web site. The purpose of this site is to serve as a professional network for securing referral business. Pursuant to this purpose, please note that, with the sole exception of personal credit card information and other related information, which shall be used solely for the purpose of purchasing services offered through Hardy's Handicap, any information or material sent to Hardy's Handicap will be deemed NOT to be confidential. By sending Hardy's Handicap any information or material, you grant Hardy's Handicap an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information.

You also agree that Hardy's Handicap is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Hardy's Handicap for the purpose of receiving products or services will be handled in accordance with our privacy policies.

Global availability
Information Hardy's Handicap publishes on the World Wide Web may contain references or cross references to Hardy's Handicap products, programs and services that are not announced or available in your country. Such references do not imply that Hardy's Handicap intends to announce or make available such products, programs, or services in your country. Please consult your local Hardy's Handicap business contact for information regarding the products, programs, and services that may be available to you.

Business relationships
This Web site may provide links or references to non-Hardy's Handicap Web sites and resources. Hardy's Handicap makes no representations, warranties, or other commitments whatsoever about any non-Hardy's Handicap Web sites or third-party resources that may be referenced, accessible from, or linked to any Hardy's Handicap site. A link to a non-Hardy's Handicap Web site does not mean that Hardy's Handicap endorses the content or use of such Web site or its owner. In addition, Hardy's Handicap is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Hardy's Handicap site. Accordingly, you acknowledge and agree that Hardy's Handicap is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Hardy's Handicap Web site, even one that may contain the Hardy's Handicap-logo, please understand that it is independent from Hardy's Handicap, and that Hardy's Handicap does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site
All links to this Web site must be approved in writing by Hardy's Handicap, except that Hardy's Handicap consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Hardy's Handicap; (c) imply that Hardy's Handicap approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Hardy's Handicap or otherwise damage the goodwill associated with the Hardy's Handicap name or trademarks. As a further condition to being permitted to link to this site, you agree that Hardy's Handicap may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Hardy's Handicap trademark.

Translations
Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Hardy's Handicap makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Hardy's Handicap EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, Hardy's Handicap MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL Hardy's Handicap BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Hardy's Handicap IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

PRIVACY
Hardy's Handicap respects the privacy of Hardy's Handicap Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Hardy's Handicap Offerings, to understand our policies and practices with respect your personal information.

REFUND POLICY
Hardy's Handicap is a membership based service, and no refunds are given for any memberships, products or services.

APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by and shall be construed in accordance with the laws of the State of Washington, USA, excluding its conflicts of law rules. You expressly agree that exclusive venue and jurisdiction for any claim or dispute you may have with Hardy's Handicap based upon or in any manner related to any access or use by you of any Hardy's Handicap Offering, shall be in the state and federal courts located in King County, Washington, USA.

STATUTE OF LIMITATIONS
You and Hardy's Handicap agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Hardy's Handicap Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barred.

DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on or in a Hardy's Handicap Offering in a way that may constitute copyright infringement, you may provide notice of your claim to Hardy's Handicap' Designated Agent listed below. For your notice to be effective, it must include the following information:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) A description of the copyrighted work that you claim has been infringed upon;
(iii) A description of where the material that you claim is infringing is located within the Hardy's Handicap Offering;
(iv) Information reasonably sufficient to permit Hardy's Handicap to contact you, such as address, telephone number, and, if available, an e-mail address at which you may be contacted;
(v) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(vii) Hardy's Handicap' Designated Agent is:

Hardy's Handicap
Attn: Legal Department
4790 Golden Foothill Parkway, Suite 210
El Dorado Hills, CA 95762