WEBSITE USER AGREEMENT

Transcription

1 WEBSITE USER AGREEMENT The ProductWalk.com website ( Website ) is an online information website provided on behalf of The Home Depot ("THD") by Hartmann Project Team LLC ("HPT"), the Show Manager of The Home Depot 2018 Product Walk. Thank you for accessing this website. By clicking the I AGREE button on the website, you are signing this document electronically and are therefore bound by the terms of the agreement. You acknowledge and agree: (a) you have read, understand, and have agreed to be bound by, all of the terms and conditions of use, without modification by you, of our website as provided in this Website User Agreement ("Agreement"); (b) to comply with all applicable laws and regulations; and (c) that you are at least 18 years old, or at least the minimum legal age in the jurisdiction in which you are viewing or using our website. No attempts to modify or amend this agreement without HPT's written consent are binding on HSI. Your continued access to the website is your consent to be bound by modifications by HPT. If you do not wish to be bound by this Agreement after you have accessed it, you must exit the website. Access to this website from countries or territories where the content or use of the website is illegal is strictly prohibited. THIS AGREEMENT IS SUBJECT TO THE PRIVACY POLICY (AVAILABLE FOR REVIEW ON PRODUCTWALK.COM) FOR OUR WEBSITE, WHICH IS A PART HEREOF AND THE TERMS OF WHICH ARE INCORPORATED HEREIN BY REFERENCE. 1. INTELLECTUAL PROPERTY Hartmann Studios is a Service Mark of HPT and is protected by applicable federal and state laws and regulations. Other trademarks and service marks used on our Website are the property of their respective owners. Unless otherwise expressly provided, all content, site design, information and materials, text, graphics, photographs, video and audio presentations, interfaces, and the selection and arrangement contained on or downloaded from this site ( Content ) are copyrighted by HPT HARTMANN STUDIOS INCORPORATED, All Rights Reserved Software that is available to use and/or download from our Website ("Software") is the copyrighted work of HPT, its affiliates, suppliers and/or third parties. The Software is protected by copyright laws and may be protected by other intellectual property laws, including patent laws, and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, relating to the software. You bear responsibility for establishing procedures for the safety of your communications to us as we cannot guarantee that communications to or from us will be free from viruses, etc., or other code that can be destructive. 2. YOU MAY USE THIS SITE FOR PERSONAL USE ONLY You are hereby granted a non-exclusive license to use the Content and Software, but only while accessing this Website, and a limited license to print copies of any Content posted at the Website, but only for your personal use. Except as expressly provided in this Agreement, all rights 1 of Product Walk HPT User Agreement

2 are reserved. Except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display this Website in frames (or any of the Content via on-line links) without our express prior written permission, which may be requested by contacting us at Hartmann Project Team LLC, Attn.: Intellectual Property Permissions, 1150 Brickyard Cove Rd., Suite 202, Point Richmond, California You shall not use any automatic or manual conduit, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of our Website. Permission to use our Website terminates automatically if you breach any of the terms and conditions of this Agreement or any other agreement you have with HPT or The Home Depot. 3. WEBSITES OF OTHERS Our Website may contain hypertext links ( Links ) to websites operated by persons or entities other than us ( Third-Party Websites ) as a convenience for our visitors. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR OPERATION OF ANY SUCH THIRD-PARTY WEBSITES. A Link from our Website to a Third-Party Website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party Website or the operator or operations of that site. You are solely responsible for determining the extent to which you use any content at any Third-Party Websites to which you might link from our Website. If you believe we have provided a Link to a site that contains infringing or illegal content, we ask that you notify us so that we may evaluate whether (in our sole discretion) to disable it. Please also see paragraph 8 of our Privacy Policy. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A DIRECT OR INDIRECT RESULT OF ANY OF YOUR DEALINGS WITH ANY THIRD-PARTY WEBSITE. 4. SOME THOUGHTS ON THE USE OF WEBSITE FOR COMMUNICATIONS Our Website contains electronic communication facilities amongst its users. You shall not use our Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. You agree not to post or store on our site any software, information, data, databases, music, audio, video, or audio-visual files, photographs, images, documents, text, digital files, or other material ("Material") which violates or infringes anyone's intellectual property rights (including without limitation copyrights, trademarks, trade secrets, patents, publicity rights, or, to the extent protectable, confidential ideas). HPT reserves the right, and you expressly agree that we have the right, for any reason whatsoever, to remove without limitation, information, content, or any other material, from postings and/or communications in and/or through the Website. Under no circumstances may we be held liable for removing, disabling, or restricting access to or availability of any material or other content. 2 of Product Walk HPT User Agreement

3 5. YOU AUTHORIZE US TO USE YOUR INFORMATION Except for personal, private information provided to us under our Privacy Policy, and any information marked as "Confidential," any and all Content, information or ideas that you upload, publish, distribute, post, or disseminate on or through our Website by any means will be treated as non-confidential and non-proprietary, and you hereby grant us and our affiliates an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, reproduce, adopt, distribute, or publicly display all or any portion of the Content for any purpose whatsoever, including our use of such material, information, or ideas as content. We will use reasonable efforts to protect your Confidential Information, provided it is clearly identified as such. We will implement security measures consistent with industry practices, including data encryption technology, fire walls and other methods we utilize to protect our own Confidential Information. We cannot, however, make any representation or warranty as to the security of your confidential information you transmit to us or the potential loss, misuse or alteration of the confidential information. 6. YOU AUTHORIZE HPT TO USE YOUR INFORMATION AS PROVIDED IN OUR PRIVACY POLICY; ACCURACY OF INFORMATION; PAYMENT OF CHARGES By requesting services from us, you are authorizing us to obtain your personal identifiable information (PII) and/or to provide your PII to those third parties that we deem necessary to provide you with the service that you have requested and to provide the type of information that we deem is required as an integral part of providing services to you, all as set forth in our Privacy Policy. We take great care in an attempt to use only reputable companies to provide services. HOWEVER, WE ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PII OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION. By requesting services from us, you certify and warrant that all information that you provide to us will be accurate, complete and current and that you are not and have not knowingly provided us with any false information. You agree to pay all charges incurred by users of your credit card, debit card, check or other payment method, as well as for use of your account by others, including, without limitation, employees, used in connection with a transaction with us, at the prices in effect when such charges are incurred. You shall pay any applicable taxes, charges, fees, duties and assessments, if any, relating to any such transactions or other monetary transaction interactions arising out of your use of our Website. Please carefully review our Privacy Policy. Your use of the Website is your consent to our Privacy Policy. 7. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING FROM YOUR USE OF OUR WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, HPT, THD AND THEIR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR, INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOME DEPOT 2017 PRODUCT WALK. HPT, THD, AND THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS, IF ANY, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE 3 of Product Walk HPT User Agreement

4 FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HPT, THD AND THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS, IF ANY, HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE THIRD PARTY SUPPLIERS PROVIDING SERVICES FOR HPT, IF ANY, ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF HPT, THD OR THEIR RESPECTIVE AFFILIATES. HPT, THD AND THEIR RESPECTIVE AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. HPT, THD AND THEIR RESPECTIVE AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL HPT, THD, THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR LOST PROFITS OR OPPORTUNITIES, LOSS OF INFORMATION, ANY DIRECT OR INDIRECT ECONOMIC, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR THE SERVICES ORDERED USING THIS WEBSITE, OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HPT, THD, THEIR RESPECTIVE AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. 8. LIMITATION OF LIABILITY REGARDING TRAVEL SUPPLIERS Our Website provides information about hotels and other services provided by third parties ( Convention Service Providers ). We do not control the Convention Service Providers or their actions. We are not responsible for, and you agree to not hold us responsible or otherwise liable for, breach of contract or any acts or omissions on the part of Convention Service Providers, or any damage or loss you may experience as a result of the acts of the Convention Service Providers. 4 of Product Walk HPT User Agreement

5 9. INDEMNITY You agree to indemnify HPT, THD and their respective affiliates from and against all claims, demands, liabilities, losses, expenses, damages and costs resulting from any violation of this or any other agreement between HPT and you or any other person authorized by you to have access to this Website. 10. SURVIVAL Notwithstanding the termination or expiration of this Agreement, the terms of paragraphs 6, 7, 8, 9 and 11 shall survive. 11. MISCELLANEOUS LEGAL PROVISIONS We may discontinue our Website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of our Website at any time for any reason, without notice. The interpretation, application, and effect of this Agreement shall be governed by the laws of the State of California without regard to conflict of law principles. The parties hereto submit and consent to the jurisdiction and venue of the state court in the County of Contra Costa, California for any claims or legal actions by one party against the other arising out of the relationship between the parties contemplated herein (whether or not arising under this Agreement). Use of our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys fees. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website. If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements. All rights not expressly granted herein are hereby reserved. This Agreement, as modified from time to time by HPT, is the entire and final Agreement regarding our Website and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Hartmann Studios Incorporated All rights reserved. 5 of Product Walk HPT User Agreement