Hyland Financial Group, LLC
TERMS AND CONDITIONS
(last updated: April 2005)
AGREEMENT BETWEEN YOU AND HYLAND FINANCIAL GROUP, LLC
The Hyland Group Web Site is made up of various Web sites and Web pages operated by the Hyland Financial Group. These terms and conditions apply to the Hyland Group Web Site and does not apply to the content of third parties.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement at http://www.hylandfin.com/privacy.htm for disclosures relating to the collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Hyland Group Web Site, or any product or service offered on any Hyland Group Web Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hyland Financial Group immediately of any unauthorized use of your account or any other breach of security. Hyland Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hyland Financial Group or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Hyland Financial Group reserves the right to change the terms, conditions, and notices under which the Hyland Group Web Sites are offered, including but not limited to the charges associated with the use of the Hyland Group Services.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Hyland Group Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Hyland Group Sites/Services. Without the advance express written permission of Hyland Financial Group, you may not 'meta-search' the Hyland Group Sites/Services, send, or cause to be sent, any automated queries of any sort to the Hyland Group Sites/Services, or use the Hyland Group Sites/Services in any commercial manner. "Automated queries" shall include but not be limited to using any software that sends queries to any Hyland Group Sites/Services to determine how a web site "ranks" on any Hyland Group Sites/Services.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Hyland Group Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Hyland Financial Group shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hyland Group Sites/Services, you will not use the Hyland Group Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hyland Group Sites/Services in any manner that could damage, disable, overburden, or impair any Hyland Group Site/Service(s) (or the network(s) connected to any Hyland Group Site/Service(s)) or interfere with any other party's use and enjoyment of any Hyland Group Site/Service(s). You may not attempt to gain unauthorized access to any Hyland Group Site/Service, other accounts, computer systems or networks connected to any Hy and Group Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hyland Group Sites/Services.
USE OF SERVICES
The Hyland Group Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Hyland Financial Group has no obligation to monitor the Communication Services. However, Hyland Financial Group reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hyland Financial Group reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
- Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the Hyland Group Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Use of meta tag searches on the web sites.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an Hyland Group Site/Service(s) or other user or usage information or any portion thereof.
Hyland Financial Group reserves the right at all times to disclose any information as Hyland Financial Group deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hyland Financial Group's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. Hyland Financial Group does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hyland Financial Group specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hyland Financial Group spokespersons, and their views do not necessarily reflect those of Hyland Financial Group.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO HYLAND FINANCIAL GROUP OR POSTED AT ANY HYLAND GROUP WEB SITE
Hyland Financial Group does not claim ownership of the materials you provide to Hyland Financial Group (including feedback and suggestions) or post, upload, input or submit to any Hyland Group Site/Service or its associated services for review by the general public, or by the members of any public or private group, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Hyland Financial Group, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Hyland Group Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Hyland Group Site/Service.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hyland Financial Group is under no obligation to post or use any Submission you may provide and Hyland Financial Group may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms and conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE HYLAND GROUP SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with the Hyland Group Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service, ("Software") is owned by and is the copyrighted work of Hyland Financial Group, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HYLAND GROUP SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HYLAND GROUP SITES/SERVICES AND TO THE INFORMATION THEREIN. HYLAND FINANCIAL GROUP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HYLAND GROUP SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE HYLAND GROUP SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HYLAND FINANCIAL GROUP, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE HYLAND GROUP SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HYLAND FINANCIAL GROUP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT HYLAND FINANCIAL GROUP SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN HYLAND GROUP SITE/SERVICE. YOU SPECIFICALLY AGREE THAT HYLAND FINANCIAL GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HYLAND FINANCIAL GROUP IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN HYLAND GROUP SITE/SERVICE BY ANY THIRD PARTY.
NO SPAM; DAMAGES
Hyland Group may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Hyland Group liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited bulk email transmitted from or otherwise connected with your account. Otherwise you agree to pay Hyland Financial Group actual damages, to the extent such actual damages can be reasonably calculated. You agree that Hyland Financial Group may charge such damages to your selected Payment Method, as set forth in the Hyland Financial Group Billing section below.
Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Washington, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Hyland Group Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hyland Financial Group as a result of this agreement or use of the Hyland Group Sites/Services. You agree to indemnify and hold Hyland Financial Group, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Hyland Group Sites/Services. Hyland Financial Group reserves the right to disclose any personal information about you or your use of the Hyland Group Sites/Services, including its contents, without your prior permission if Hyland Financial Group has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Hyland Financial Group or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. Hyland Financial Group's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hyland Financial Group's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hyland Group Sites/Services or information provided to or gathered by Hyland Financial Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hyland Financial Group with respect to the Hyland Group Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hyland Financial Group with respect to the Hyland Group Sites/Services. 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Hyland Group Web Sites are: Copyright (c) 1998 - 2005 Hyland Financial Group, LLC and/or its suppliers, 228 Volkert Street, Highland Park, New Jersey 08904-3119 U.S.A. All rights reserved.
Specific Restrictions on Use of Associated Press Material
Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. AP will not be held liable in any way to you or to any third party or to any other person who may receive information in the Hyland Group Web sites or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
Subject to any withdrawal right you may have under applicable law, charges are non-refundable unless the price plan terms expressly say otherwise. Except as otherwise required by law, the costs of any returns if permitted will be at your expense.
Termination, Cancellation or Suspension
Hyland Financial Group may, in its discretion, terminate, cancel, or suspend an accepted order if Hyland Financial Group is notified that your Payment Method has expired or has been canceled, or if Hyland Financial Group has reason to believe that any Billing Account information provided to Hyland Financial Group is untrue, inaccurate, not current or incomplete. Termination, cancellation or suspension, whether by you or Hyland Financial Group, will not alter your obligation to pay all charges made to your Billing Account before such termination, cancellation or suspension (including charges made after termination by you but before Hyland Financial Group could reasonably act on your termination notice ). You will not be entitled to any refunds upon termination, cancellation or suspension unless the applicable agreement expressly so provides.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your Payment Method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated Payment Method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your Billing Account. Hyland Financial Group may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable Products.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form
ALL INFORMATION THAT HYLAND FINANCIAL GROUP, LLC IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM HYLAND FINANCIAL GROUP, LLC WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. HYLAND FINANCIAL GROUP, LLC WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A HYLAND FINANCIAL GROUP, LLC WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A HYLAND FINANCIAL GROUP, LLC WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies
You may request a paper copy of any Required Information previously provided to you in electronic form by Hyland Financial Group for a period of one hundred and twenty (120) calendar days from the date that Hyland Financial Group first provided the Required Information to you; however, Hyland Financial Group may charge a reasonable fee for providing such paper copies.
Hardware and Software Requirements
In order to receive Required Information electronically from Hyland Financial Group, you must have an e-mail address and submit it to Hyland Financial Group upon sign-up for any subscription, service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an e-mail software program capable of sending and receiving e-mail from Hyland Financial Group via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from Hyland Financial Group via a plain text-formatted e-mail or by access to a Hyland Group web site using one of the browsers specified above.
Changes to Hardware and Software Requirements
In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print Required Information that Hyland Group sends to you in electronic form, Hyland Group will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services or other items provided to you under this Agreement.
Consent to Receive All Information in Electronic Form
YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM HYLAND FINANCIAL GROUP, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED HYLAND FINANCIAL GROUP A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
©2005 Hyland Financial Group, LLC. All rights reserved.