Last Updated February 2017
We Provide Our Site “As Is” and Disclaim All Warranties
Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as is, where is” and “as available”. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Sites, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND OUR SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF OUR SITES. WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL HCCP OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SPONSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OUR SITES, EVEN IF HCCP OR ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
No Responsibility for Third Party Content
We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party content on our sites by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content in any linked site is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to from our Site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
No Third-Party Endorsement
The fact that we provide a link to a third party web site does not mean that we endorse, adopt, authorize or sponsor that web site. It also does not mean that we are affiliated with the third party web site’s owners or sponsors. If a third party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Sites.
Links to Our Site
Third parties linking to our Site …
May link to, but not replicate, our content;
May not create a browser, border environment or frame our content;
May not imply that we are endorsing it or its products;
Should not misrepresent its relationship with us;
Should not present false information about our products or services; and
Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
The trademarks, service marks and logos used and displayed on our Site are our or third-party registered and unregistered trademarks. Nothing on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. Our names or our logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing our names or trademarks without the prior express written consent of EH. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.
All content on our Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of EH or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation and “look and feel” of all Content on our Site is the exclusive property of EH and also protected by United States and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of EH (including images, text, page layout or form) without our prior express written permission.
This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations.
You Are Bound by Changes in These Terms
We may at any time revise these Terms by updating this page. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound.
You hereby jointly and severally agree to indemnify, defend and hold us and our subsidiaries and affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
Third Parties May Have Rights Under This Agreement
Some of the provisions of these Terms are for the benefit of EH and its subsidiaries, affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
How This Agreement May Be Terminated
These Terms may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Site after you have terminated this agreement. Certain provisions of these Terms shall survive any termination.
Governing Law and Arbitration
Any legal issues arising from or related to your visit to the Site or services provided through our Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Massachusetts applicable to contracts entered into and wholly to be performed within that state. Any controversy or claim arising out of or relating to these Terms and any use of our Site shall be settled by binding, confidential arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Tennessee shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any use of merchandise sold through our Site. By using our Site, and thereby agreeing to these Terms, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. We may change, suspend or discontinue any aspect of our Site or service at any time. EH reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Sites without notice or liability.