Howe Woods
Terms and Conditions Of Use
Welcome to our website. This
site is maintained as a service to our customers. By using
this site, you agree to comply with and be bound by the
following terms and conditions of use. Please review these
terms and conditions carefully. If you do not agree to these
terms and conditions, you should not use this site.
1. Agreement. This Agreement (the “Agreement'”) specifies the
Terms and Conditions for access to and use of hwts.com (the
“Site'”) and describe the terms and conditions applicable to
your access of and use of the Site. This Agreement may be
modified at any time by Mr. Woods upon posting of the
modified agreement. Any such modifications shall be
effective immediately. You can view the most recent version
of these terms at any time at http://www.hwts.com.
Each use by you shall constitute and be deemed your
unconditional acceptance of this Agreement.
2. Intellectual Property
Ownership.
(a)
Our Content. All content included on this site is and
shall continue to be the property of Mr. Woods or its
content suppliers and is protected under applicable
copyright, patent, trademark, and other proprietary rights.
Any copying, redistribution, use or publication by you of
any such content or any part of the Site is prohibited
without express permission by Mr. Woods. Under no
circumstances will you acquire any ownership rights or other
interest in any content by or through your use of this site.
HWTS is the trademark or registered trademark of Mr. Woods.
Other product and company names mentioned on this Site may
be trademarks of their respective owners.
(b) User Supplied Content. By accessing our forum,
bulletin board, chat room, or any other user interactive
area of our site, and placing any information in any of
those areas, you hereby grant us a perpetual, irrevocable,
royalty free license in and to such materials, including but
not limited to the right to post, publish, transmit,
distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and
publicly perform such materials in any form or media,
whether now known or later discovered. You also grant to
others who access the forum, bulletin board, chat room or
any other user interactive area of our site a perpetual,
non-revocable, royalty free license to view, download, store
and reproduce your postings but such license is limited to
the personal use and enjoyment of such other party.
(c) Personal Use. Mr.
Woods grants you a limited, revocable, nonexclusive
license to use this site solely for your own personal use
and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works, or other
use. You agree not to copy materials on the site, reverse
engineer or break into the site, or use materials, products
or services in violation of any law. The use of this website
is at the discretion of
Mr. Woods and
Mr. Woods may terminate your use of this
website at any time.
(d) Other Uses. All other use of Content from the
Site, including, but not limited to uploading, downloading,
modification, publication, transmission, participation in
the transfer or sale of, copying, reproduction,
republishing, creation of derivative works from,
distribution, performance, display, incorporation into
another web site, reproducing the Site (whether by linking,
framing or any other method), or in any other way exploiting
any of the Content, in whole or in part, is strictly
prohibited without
Mr. Woods
prior express written consent.
3. Disclaimers.
(a)
DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS
SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU
AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. [Name
of website operator] DISCLAIMS ALL WARRANTIES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES,
STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF:
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO
YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE,
Mr. Woods DOES
NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED,
AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Mr. Woods , ITS SUBSIDIARIES, VENDORS AND
AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION,
FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR
MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE SITE. USE OF THE SITE'S SERVICES IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
b) LIMITATION OF LIABILITY.
Mr. Woods
SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD
PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR
LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
WHICH MAY BE INCURRED IN CONNECTION WITH
Mr. Woods
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER
MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY
SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY
OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE
OF THE CAUSE OF ACTION, EVEN IF
Mr. Woods
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR
LOSS.
(c) EARNINGS DISCLAIMERS.
The information presented in this Website is intended to be
for your educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and
seek the advice your own personal professional advisors,
such as your attorney and your accountant.
Where income figures are mentioned (if any), those income
figures are anecdotal information passed on to us concerning
the results achieved by the individual sharing the
information. We have performed no independent verification
of the statements made by those individuals. Please do not
assume that you will make those same income figures.
Please do not construe any statement in this website as a
claim or representation of average earnings. There are NO
average earnings. Testimonials and statements of individuals
are not to be construed as claims or representations of
average earnings. We cannot, do not, and will not make any
claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual
to you. We do not know your educational background, your
skills, your prior experience, or the time you can and will
devote to the endeavor.
Please perform your own due diligence before embarking on
any course of action. Follow the advice of your personal
qualified advisors.
There are risks in any endeavor that are not suitable for
everyone. If you use capital, only "risk" capital should be
used.
There is no guarantee that you will earn any money using any
of the ideas presented in our in materials. Examples in our
materials are not to be interpreted as a promise or
guarantee of earnings.
Many factors will be important in determining your
actual results and no guarantees are made that you will
achieve results similar to ours or anybody else’s. No
guarantee is made that you will achieve any result at all
from the ideas in our material.
You agree that we will not share in your success, nor will
we be responsible for your failure or for your actions in
any endeavor you may undertake.
Please understand that past performance cannot be an
indication of possible future results.
Materials in our product and our website may contain
information that includes or is based upon forward-looking
statements within the meaning of the securities litigation
reform act of 1995. Forward-looking statements give our
expectations or forecasts of future events. You can identify
these statements by the fact that they do not relate
strictly to historical or current facts. They use words such
as “anticipate,” “estimate,” “expect,” “project,” “intend,”
“plan,” “believe,” and other words and terms of similar
meaning in connection with a description of potential
earnings or financial performance. Any and all forward
looking statements in our materials are intended to express
our opinion of earnings potential. They are opinions only
and should not be relied upon as fact.
4. Terms Relating to
User Supplied Site Content.
(a) Participate at
Your Own Risk. You enter and participate in our forum,
bulletin board, chat room, or any other user interactive
area of our site, and gain access to the materials contained
thereon at your own risk.
(b) No Monitoring.
We do not monitor or screen communications on our forum,
bulletin board, chat room, or any other user interactive
area of our site and we are not responsible for any material
that any of our forum, bulletin board, chat room, or any
other user interactive area of our site participant posts
and we do not assume the responsibility to do so. In the
event that we are notified by any party that any
communications contained in our forum, bulletin board, chat
room, or any other user interactive area of our site is
contrary to these terms, we may, but are not obligated to,
investigate the situation and determine in our own
discretion, whether to remove such communication from our
forum, bulletin board, chat room, or any other user
interactive area of our site.
We have no liability or responsibility to investigate
or remove any content from our forum, bulletin board, chat
room, or any other user interactive area of our site based
upon a complaint or otherwise.
(c) Your Reliance at
Your Risk. We do not make any representations or
warranties as to the truth or accuracy of any statement made
or materials posted on or through our forum, bulletin board,
chat room, or any other user interactive area of our site.
You agree and acknowledge that you assume the risk of
any actions you take in reliance upon the information that
may be contained in our forum, bulletin board, chat room, or
any other user interactive area of our site.
(d) No Endorsement.
We do not endorse or lend any credence for any statements
that are made by any participant in our forum, bulletin
board, chat room, or any other user interactive area of our
site. Any opinions or views expressed by our forum, bulletin
board, chat room, or any other user interactive area of our
site participants are their own.
We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or
opinions.
(e) You are
Responsible. You are fully responsible for your own
statements and materials that you post in our forum,
bulletin board, chat room, or any other user interactive
area of our site and any consequences, whether or not
foreseen, to any party who may rely upon these statements.
You agree that you will not take any action directed
towards attempting to hold us responsible for any such
materials or statements.
(f) Removal of
Material. As a participant in our forum, bulletin board,
chat room, or any other user interactive area of our site,
you agree that we may remove any materials from our forum,
bulletin board, chat room, or any other user interactive
area of our site for any reason, in our sole discretion, or
for no reason at all.
This includes material which is disruptive, abusive,
offensive, illegal, vulgar, pornographic, or any other
material. You
hold us harmless from and against any damage you or others
may suffer as a result of our removal of any content from
our forum, bulletin board, chat room, or any other user
interactive area of our site or from the discontinuance of
our forum, bulletin board, chat room, or any other user
interactive area of our site at any time.
(g) Right to Expel.
We have the right to remove, expel, or disqualify any party
from participation and access to our forum, bulletin board,
chat room, or any other user interactive area of our site
for any time and for any reason, or for no reason
whatsoever, in our sole and absolute discretion.
This includes, but is not limited to any violation of
this agreement, disruptive behavior, complaints from other
parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
(h) Right to
Terminate. We reserve the right to terminate our forum,
bulletin board, chat room, or any other user interactive
area of our site at any time and all users hold us harmless
from and against any claims, damages, suits, threats,
demands, liabilities, actions, causes of action, or injuries
that may result there from, including but not limited to any
consequential, incidental, and special damages of every
nature and type.
(i) Prohibitions.
You agree that you will not (1) use our forum, bulletin
board, chat room, or any other user interactive area of our
site for any illegal purpose, (2) place any material in our
forum, bulletin board, chat room, or any other user
interactive area of our site that violates the copyrights,
trademarks, trade secrets, confidential information or other
rights of any other party, (3) place any material in our
forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement
about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses
any other person, (4) place any obscene, pornographic,
sexually explicit or violent materials, graphics,
photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site,
(5) place any advertising, attempted business solicitation,
marketing materials or sales promotional materials in our
forum, bulletin board, chat room, or any other user
interactive area of our site, (6) pretend to be another
person that you are not, (7) place materials in our forum,
bulletin board, chat room, or any other user interactive
area of our site that are disruptive or off-topic.
(j) Hold Harmless and
Indemnify. You hold us harmless from, and indemnify us
against, any and all claims for damages from third parties
arising from your participation, use or conduct in our
forum, bulletin board, chat room, or any other user
interactive area of our site.
5. Miscellaneous.
(a)
Prohibition Against
Data Mining. You are prohibited from data mining,
scraping, crawling, email harvesting or using any process or
processes that send automated queries to the
Mr. Woods
Web site. You may not use the [Name of
website operator] Web site to compile a collection of
listings, including a competing listing product or service.
You may not use the Site or any Materials for any
unsolicited commercial e-mail.
(b) Intended
Audience. This website is intended for adults only. This
website is not intended for any children under the age of
18.
(c) Compliance with
Laws. You agree to comply with all applicable laws
regarding your use of the website. You further agreed that
information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You
agree to indemnify, defend and hold
Mr. Woods
and our partners, employees, and
affiliates, harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
(e) Privacy. Your
visit to our site is also governed by our Privacy Policy.
Please review our Privacy Policy at hwts.com.
Mr. Woods
reserves the right, and you authorize us,
to use and assign all information regarding site uses by you
and all information provided by you in any manner consistent
with our Privacy Policy.
(f) DMCA Notice.
If you believe your work has been copied in a way that
constitutes copyright infringement, please provide a notice
containing all of the following information to our Copyright
Agent:
(1) An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
interest;
(2) A description of the copyrighted work that you claim has
been infringed;
(3) A description of where the material that you claim is
infringing is located on the Site;
(4) Your address, telephone number, and e-mail address;
(5) 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
(6) A statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for Notice
of claims of copyright infringement on the Site is Mr. Woods, who can be reached
by clicking here:
(g) Applicable Law. You
agree that the laws of the state of Illinois, without regard
to conflicts of laws provisions will govern these Terms and
Condition of Use and any dispute that may arise between you
and
Mr. Woods
or its affiliates. Venue shall be
in USA.
(h)
Arbitration.
As part of the consideration that
Mr. Woods
requires for viewing, using or interacting with this
website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in
contract, tort or otherwise) arising out of or relating to
this website.
Arbitration shall be conducted pursuant to the rules of the
American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration
Association. Information about the American
Arbitration Association, its rules, and its forms are
available from the American Arbitration Association, 335 Madison Avenue,
Floor 10, New York, New York, 10017-4605.
Hearing will take place in the city or county of
Mr. Woods.
In no case shall you have
the right to go to court or have a jury trial. You
will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the right
to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration;
the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be
reimbursed by the other party for any and all costs
associated with the dispute arbitration, including attorney
fees, collection fees, investigation fees, and travel
expenses.
(i) Severability. If
any provision of this Agreement shall be adjudged by any
court of competent jurisdiction to be unenforceable or
invalid, that provision shall be limited or eliminated to
the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect.
(j) Termination. Mr.
Woods
may terminate this Agreement at any time,
with or without notice, for any reason.