You must agree to all of the terms and conditions contained in this agreement to become a user, which in turn permits you to access certain Heartland Tech Group, LLC (HTG) websites, domains, products, services, or content (collectively referred to herein as “Content”).
Through your act of completing the HTG enrollment process you agree to the terms of this agreement, just as if you had signed this agreement. If you do not wish to be bound by this agreement, please do not complete the enrollment process or use the Content.
License and Copyright
The Content is Copyright © 2000-2016 Heartland Tech Group, LLC. All rights reserved.
You have a limited license to access and use the Content solely for your own internal information purposes.
You acknowledge that access to and use of the Content is limited to the license terms set forth herein and any expansion of those terms must be in writing.
The granting of the license to access and use the Content is conditioned on your agreement not to copy, disclose, disseminate, redistribute, sell, sub-license or publish any Content or any part thereof, in any manner or form, to any other party without HTG’s written permission and proper attribution to HTG, except as may be allowed under U.S. copyright law. You shall not permit, whether directly or indirectly, any third party to do any of the foregoing.
You shall not use HTG’s name or any excerpts from the Content in the promotion of your products or services.
Unless otherwise agreed in writing, all orders are payable at the time the order is placed and payment must be completed prior to access or shipment.
The Content is provided to you “as is” and HTG disclaims any warranties, express or implied, including, without limitation, implied warranties of merchantability, non-infringement, and fitness for a particular purpose. HTG also does not guarantee the Content or our websites, or any party thereof, are free of viral infection, or other code manifesting contaminating or destructive properties.
You acknowledge that we make no claims as to the accuracy, completeness, adequacy, or suitability of the Content for any purpose (including, without limitation, improving operations, company growth or profitability, any purchase or sale of a business, investment purposes, or formal valuation).
You assume all risk and sole responsibility for the selection of the Content to achieve your intended results. The opinions expressed in the Content is subject to change without notice.
Limitation of Liability
You unconditionally release HTG from damages of any kind, including without limitation, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods and services, loss of use, loss of data, loss of profits, business interruption and loss of programs or information) however caused and on any theory of liability (including negligence), arising out of your use of, inability to use, or reliance upon the Content, or for any claims you may have attributable to errors, omissions or other inaccuracies in the Content or interpretations thereof. To the extent you have direct damages as a result of the Content, our liability shall not exceed One Hundred Dollars ($100.00)
You agree to indemnify, defend and hold harmless HTG (and its affiliates, licensors and their respective officers, directors, employees and agents) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of the use of or reliance on the Content.
Third Party Rights
The provisions regarding Disclaimer, Limitation of Liability and Indemnification are for the benefit of HTG, and its licensors, employees and agents. Each shall have the right to assert and enforce those provisions against you.
Links to Other Websites
Subject to other written agreement you may have with HTG, we may terminate your access to the Content at any time for any reason. The provisions regarding Disclaimer, Limitation of Liability, Indemnification and Third Party Rights shall survive.
This agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of the state of Iowa, without regard to its conflicts of law principles. You consent to the jurisdiction of the courts of the state of Iowa.
Alternative Dispute Resolution and Attorney Fees
With respect to any claim or dispute between you and us arising out of or relating in any way to the Content or this agreement, we (you and us) shall first attempt to resolve said dispute through mediation. If we fail to resolve any dispute through mediation, you agree to resolve this matter through final, binding arbitration pursuant to the rules of the American Arbitration Association United States Commercial Dispute Resolution Procedures. This arbitration obligation applies regardless of whether the claim or dispute involves a tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. You agree to waive your right to bring a lawsuit based on such claims or disputes and to have such lawsuit resolved by a judge or jury. You also waive your right to participate in or represent a class in any claim or dispute. All final binding arbitrations shall be conducted on an individual basis, and an arbitrator shall have no authority to award class-wide relief. Each party shall pay its pro-rata share of the fees and costs of mediation and arbitration. Each party shall pay the fees and costs of its own counsel, experts and witnesses.
Neither our course of conduct or trade practice will modify the terms of this agreement. A waiver by HTG of any default of any of the terms and conditions of sale shall not be deemed to be a continuing waiver of any other default or of any other of these terms and condition of sale, but shall apply solely to the instance to which the waiver is directed. If any provision of this agreement is determined by a court of competent jurisdiction to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable, or void, and the remainder of the provision and all other provisions shall remain fully enforceable.