TERMS AND CONDITIONS OF USE AGREEMENT
Any person accessing this Site (the “Visitor”) acknowledges and confirms that the terms and conditions set forth below govern all aspects of their use of the Site:
A. The Use of the Site; Binding Legal Agreement; Governing Law
a. The information made available by HHR through the Site (the “Information”);
b. The relationship between the Visitor and HHR;
c. HHR’ use of the Visitor’s information gathered through the Site; and
d. The Visitor’s use of the third-party software functionality included in the Site.
3. The Visitor’s use of the Site is governed by the applicable laws of the United States and the State of New York, without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction, and any disputes arising out of such use shall be resolved exclusively in the courts of New York.
B. For Information Purposes Only
1. The Information is made available for general informational purposes only. There is no guarantee that the Information will remain complete or remain updated to reflect recent developments in the law. The Visitor should obtain advice from qualified professionals before taking any actions, or refraining from taking any actions, based on the Information.
2. If the Visitor wishes to become a client of HHR and engage in confidential communications, the Visitor and HHR must confirm in writing the terms of representation to establish such a relationship.
C. Copyright; Trademarks/Service Marks; Electronic Mail; Prohibited Uses
2. HHR does not grant to the Visitor any rights in its trademarks/service marks (collectively, the “Marks”). The Visitor is free to hyperlink to any page in the publicly available pages of the Site; provided, however, that the Visitor agrees to remove any such hyperlink upon HHR’s written request.
3. The Visitor may send e-mail to addresses made available by HHR on the Site for the purposes of requesting alerts or other news notification services, requesting information regarding services offered by HHR, and inquiring about career opportunities. Given the nature of certain e-mail transmissions, HHR might delay its response, or decline to respond entirely, to a Visitor’s transmission.
4. The Visitor will not use the Site in violation of any applicable law and specifically the Visitor will not use the Site to engage in:
a. The infringement of intellectual property rights including HHR’ rights in its Marks;
b. The unauthorized transmission of unsolicited commercial electronic mail;
c. The transmission of defamatory materials;
d. Any violation of the security of the Site; or
5. Hypertext links are included in the Site directing Visitors to third party websites. The third party websites are not necessarily controlled by HHR, and no warranties or representations are made concerning the quality, safety or suitability of the content of these sites. Connecting to any other off-site pages or other sites is at your own risk.
D. No Warranties; Disclaimer of Liability
1. THE SITE IS PROVIDED TO THE VISITOR “AS IS.” HHR DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.
2. THE VISITOR AGREES THAT THE USE OF THE SITE IS AT ONE’S OWN RISK, AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OR ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH THE VISITOR’S DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.