Terms
Terms & Conditions
We have taken every effort to design our Web site to be useful, informative, helpful and honest. Hopefully we’ve accomplished that and would entertain any suggestions you may have for improvement or change that would make it even easier for you to find the information you need and want in order to better help you accomplish your goals.
TERMS AND CONDITIONS OF USE
Take a few minutes to read the following as when you use our web site, or purchase any of our products, you automatically agree to these following terms and conditions.
Restrictions on Use of Our Online Materials
All Online Materials on hhesonline.com site, including, and without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, and video clips, are copyrighted intellectual property. All usage rights are owned and controlled by hhesonline.com.
You may not copy, reproduce, republish, upload, post, transmit or distribute our Online Materials in any way or for any other use without the express written permission from hhesonline.com.
Neither may you add, delete, distort or misrepresent any content on any hhesonline.com web site or sites. Any attempts to modify our materials online, defeat or circumvent our security features, is prohibited, and will be prosecuted to the full extent of the law.
Limitation of Liability
hhesonline.com cannot be held liable for damages or injury that may accompany or result from your use of any of its web sites and/or products or information.
These include but are not limited to damages or injury caused by:
Use of (or inability to use) our web site or sites, use of (or inability to use) our web site or sites wherein you set up or wish to set up, hyperlinks. Failure of our web site or sites to perform in the manner you expected or desired. Error or errors on our web site or sites. Omissions on our site or sites. Interruption of availability of our site or sites. Defects on our web site or sites. Delays in operation or transmission of our web sites. Computer viruses or line failures.
We are also not liable for any other damages, which may include, but are not limited to: damages intended to compensate someone directly for a loss or injury and/or damages reasonably expected to result from a loss or injury (known in legal terms as “consequential damages”). Furthermore, we are not liable for other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as “incidental damages”). We are not liable even if we, or our authorized representatives, have been negligent or if our authorized representatives have been advised of the possibility of such damages or loss or both.
Exception: In those States whose laws prohibit the limitation or exclusion of “incidental” or “consequential” damages our limit of liability for all losses, damages, injuries and or claims of any and every kind (whether the damages are claimed under the terms of a contract or claimed to be caused by negligence or other wrongful conduct or they’re claimed under any other legal theory) shall be restricted to a sum no greater than the amount paid, if anything, to access our site, or the cost of purchases made, if any.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a hhesonline.com operated site or have moved to another site. hhesonline.com is not responsible for the content or practices of third party sites that may be linked to our site. When hhesonline.com. provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that hhesonline.com is connected with, operates, or controls these web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any hhesonline.com site or endorsement, sponsorship or support of hhesonline.com including its respective employees, agents or directors.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are responsible for compliance with any and all applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Missouri, USA as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate hhesonline.com. and/or its affiliates’ intellectual property rights, hhesonline.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Kansas City Missouri, USA. Each of us will bear our own attorneys fees. All costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Kansas City Missouri, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
hhesonline.com may modify these Terms of Use, and the agreement they create, at any time, without prior notice, simply by updating this posting. This is the ENTIRE agreement regarding all the matters that have been discussed.
Limited Warranty
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SUCCESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Wherever this exists, the above limitation may not apply to you.
Unauthorized access. You agree not to attempt to gain unauthorized access to the Site or any restricted portion of the Site, or interfere with the performance of the Site. You may not frame portions of the Site within another web site or establish links from any other web site to any page of the Site other than the home page. hhesonline.com reserves the right to revoke permission to link to the Site.
No Warranty. You hereby acknowledge that access to the Site may be subject to interruption by reason of scheduled or unscheduled downtime or inherent technical limitations of server technology or Internet connectivity. hhesonline.com has made reasonable efforts to ensure that the Site is stable, but due to the complexity of underlying Internet operations, hhesonline.com makes no warranty that the Site will operate as represented or that it will be entirely free of errors, viruses or disabling code. This Site may contain advice, opinions, and statements of various users. Although we believe the information provided in this site to be accurate and true hhesonline.com does not and cannot guarantee the accuracy of its information in every market nor guarantee said information was applied correctly by our users. Therefore hhesonline.com does not represent or endorse the accuracy, reliability or usefulness of any advice, opinion, statement or other information provided on this site by hhesonline.com to any other person or entity. Reliance upon any such opinion, advice or statement shall be at your own risk.
If hhesonline.com determines that removal of any content within the site is necessary, it will do so within a reasonable time. Please note that removal is a manual process and that hhesonline.com may not be able to remove content immediately.
Limitation on Liability. hhesonline.com shall not be liable for any damages suffered by You, or any third party, as a result of any content posted on the Site, or your accessing, using, printing, copying or downloading any portion of the Site and/or materials. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND IN NO EVENT SHALL HHESONLINE.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, FOR LOST EXPENSES, PROFITS OR REVENUES, LOSS OR INTERRUPTION OF USE, LOST OR DAMAGED DATA, DOCUMENTATION OR SECURITY, SIMILAR ECONOMIC LOSS OR OTHERWISE, EVEN IF CREATIVEREINVESTING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Digital Millennium Copyright Act (“DMCA”) Notice. hhesonline.com owns, protects and enforces copyrights in its own creative material and respects the copyright properties of others. Materials may be made available on the Site, or via the Site, by third parties not within the control of hhesonline.com. It is our policy not to permit materials known by us to be infringing to remain on this Site. You should notify us promptly if you believe any materials on this Site infringe any copyright. Upon our receipt of a proper notice of claimed infringement under the DCMA, hhesonline.com will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Notice of alleged infringement should be sent to Customer Service with “Copyright Infringement” in the Subject line.
By ordering a hhesonline.com product you acknowledge that you have read the Terms and Conditions herein and accept the terms thereof.
Indemnification. You agree to defend, indemnify and hold, hhesonline.com and it’s affiliates and subsidiaries and their respective officers, directors, employees, agents and representatives harmless from and against all claims, losses, costs and expenses (including attorneys fees) arising out of your use of the Site or any violation of this agreement by you including, without limitation, any message or other communication by you that violates the proprietary or personal rights of any person or company, or otherwise violates any federal, state or local law.
Privacy Policy
hhesonline.com (referred to herein as “hhesonline.com” “we,” “us,” or collectively, as “Company”) is committed to maintaining the privacy of your information and to safeguard your privacy online. Please read the information below about our use of your personal information. This Privacy Policy is part of our Terms and Conditions. If you have any questions, comments, or requests regarding privacy or our Privacy Policy, please contact us by using the “contact us” link on the home page of hhesonline.com.
Use of Personal Information
By entering a sweepstakes or promotion, registering with our Site, completing any forms on our Site, or by checking or not unchecking co-registration boxes, you grant the Company the right to use the collected information for marketing purposes, including, but not limited to, sharing such information with third party advertisers that we have formal relationships with (“Advertisers”), emailing, or physically mailing Company or any third party offers to your email address or postal address. We may also use such information to fulfill prizes, track compliance with the applicable sweepstakes or promotion rules, or for content improvement and feedback purposes. We will not sell your personal information that you supply to us but we may join together with other businesses to bring selected retail or service opportunities to our user base. These businesses may include providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation. In addition, the Company reserves the right to release current or past user information in the event we believe that the Site is being or has been used in violation of any copyright, sweepstakes or promotion rules; to commit unlawful acts; if the information is subpoenaed; if the Company is sold or acquired; or when the Company deems it necessary or appropriate. By agreeing to these terms, you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion, determines the disclosure to be appropriate.
We may share Site usage information about our Site visitors who have received targeted promotional campaigns with Advertisers for the purpose of formatting future campaigns and upgrading visitor information used in reporting statistics.
The Company also reserves the right to provide aggregate or group data about our visitors and users for lawful purposes. Aggregate or group data is data that describes the demographics, usage, or characteristics of our participants as a group, without revealing any personally identifiable information. By subscribing to the Site, you agree to allow us to provide such data to third parties.
Review and Removal of Your Personally Identifiable Data.
If you provide us with personally identifiable information, usually we will provide you with a way to review the information we have on file and either make changes or remove such data. To the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases. If you wish to have information you provided to us removed from our records, please provide us with the information as you submitted it to us by going to the “contact us” page of our site and adding to the subject line “please remove”. We will use all reasonable efforts to ensure that your information is removed from our records.
Cookies and Other Tracking Methods.
When you view our Site, we might store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your computer hard drive, not on our site. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a web site as easily as possible. Cookies can help us provide information that is targeted to your interests, and they allow us to better understand how you like to use our Site, which in turn helps us focus our resources on features that are the most popular. You are always free to decline our cookies if your browser permits, but some parts of our Site, including our Registered Member pages, may not work properly in that case. Security.
We use industry-standard methods to protect your personally identifiable information from unauthorized access. We store such information on a computer behind our “firewall” in a secure location, and we restrict the number of employees internally who can access such data. Our Sites use strong encryption technology to ensure the security of its users’ information. Encryption is a method of scrambling messages so they cannot be read without decryption keys. The length of the key used to encrypt messages is a good indication of the amount of effort needed to decrypt that message. Any software with encryption features having key lengths over 40 bits is considered strong encryption by the U.S.
Government for export purposes. Our Sites use 128-bit encryption, the highest encryption standard available on the Internet today. Users visiting our Site will be able to submit credit card numbers or other personal information to our Site with assurance that they are interacting with Sites owned and operated by hhesonline.com (and not an impostor) and that the information which they are sending to us cannot be intercepted or decrypted by anyone other than the intended recipient.
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