TERMS AND CONDITIONS OF USE
Use LicenseH & R Special Springs, L.P. ("H & R Special Springs"), grants you permission to view this web site ("Site") and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as otherwise noted), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to H & R Special Springs that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement between you and H & R Special Springs relating to the use of this Site, H & R Special Springs will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
Copyrights
This Site and its contents are the copyrighted property of H & R Special Springs and are protected by law including by the U.S. Copyright Act, 17 U.S.C. 101 et seq. and international treaties. Viewing this Site creates a copy of H & R Special Springs' materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. H & R Special Springs neither warrants nor represents that your use of materials displayed on the web site will not infringe rights of third parties not owned by or affiliated with H & R Special Springs. Images, photographs, or illustrations displayed on the web site are either the property of, or used with permission by, H & R Special Springs. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of H & R Special Springs and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. H & R Special Springs aggressively enforces its intellectual property rights to the fullest extent of the law. The name H & R Special Springs its logo and trademark or the other formatives of this name, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from H & R Special Springs. H & R Special Springs prohibits use of the trademarks as part of a hyperlink to or from any site unless establishment of such a link is approved in advance by H & R Special Springs in writing. Fair use of H & R Special Springs' Trademark requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Links to Third Party Web Pages or Sites
H & R Special Springs does not maintain, is not responsible for the content of, and does not endorse, any of the web pages linked to H & R Special Springs' Site. You access or connect to these linked web pages at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-H & R Special Springs sites are not investigated, verified, monitored or endorsed by H & R Special Springs, and H & R Special Springs disclaims any warranty, express or implied, with respect to the contents of such web pages.
Disclaimer
THE MATERIALS ON THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE MATERIALS ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE, H & R SPECIAL SPRINGS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. H & R SPECIAL SPRINGS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE. H & R SPECIAL SPRINGS, L.P. SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
IN NO EVENT SHALL H & R SPECIAL SPRINGS, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENTS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Submissions
Any communication or material you transmit to the Site, by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit becomes the property of H & R Special Springs, L.P. or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, H & R Special Springs is free to use any ideas, concepts, know-how, or techniques, in whole or in part, contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
General
This Site resides on a server in Bellingham, Washington, USA. You agree that this agreement and your use of this Site are governed by the laws of the State of Washington, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bellingham, Washington, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. H & R Special Springs has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that contents on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Bellingham, Washington, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Indemnification
You agree to indemnify, hold harmless and defend H & R Special Springs, its directors, officers, employees, and agents from and against any and all claims, liabilities, expenses (including reasonable attorneys' fees) and damages arising out of your use of the Site or the content included on the Site other than in accordance with the terms of this agreement.
Changes
You agree that H & R Special Springs may at any time and without notice change the terms, conditions and notices under which this Site is offered.
Relationship
You agree that no joint venture, partnership, employment or agency relationship exists between you and H & R Special Springs as a result of this agreement or your use of this Site.
Entire Agreement
This agreement constitutes the entire agreement between you and H & R Special Springs with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and H & R Special Springs with respect to this Site. No modification of this agreement shall be effective unless it is authored by H & R Special Springs or its affiliates, or unless it is physically signed in blue ink by a H & R Special Springs officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by H & R Special Springs in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by H & R Special Springs in printed form.