1. General

Please review these Terms of Use concerning this website (“Site”). By using this Site, you accept each of these Terms of Use.

2. Changes, Modifications and Discontinuations

We may modify, change, or remove any of these Terms of Use at any time, without notice. Any changes are effective immediately upon our posting them. By using the Site, you agree that you accept any such changes and understand it is your responsibility to review the Terms of Use before using the Site.

We may change or discontinue any part of the Site and services provided thereon at any time without any prior notice or liability. We may limit access to portions of the Site or services provided thereon at any time without any prior notice or liability.

3. Informational Purposes Only

Material on the site is available for informational purposes only. Despite our best efforts, our information may contain errors or inaccuracies or be outdated. We make no guarantees or warranties concerning the information on the site, its accuracy or timeliness. We make no guarantees or warranties concerning the credentials of any person whose posts or opinions are contained on the site.

Consult with an appropriate professional for advice relating to your circumstances before relying on information contained on the site or obtained from any other source. Confirm any facts before acting on information on this site. Reliance on information on the site is solely at your own risk. HHC disclaims all responsibility for the use of information provided on the site.

4. Using Content on this Site

We provide you with the content of this Site (“Content”) for your individual use. By using this Site, you acknowledge that the Content is protected by the copyright and other rights of HHC or any other party credited on the Site. You are not permitted to reproduce, distribute, or use the Content without the prior written consent of HHC or any other party credited on the Site. You are responsible for determining whether you must contact HHC or any other party for consent to use Content in any way.

5. Linking and Framing

You may link to the Site only to the extent such linking does not, explicitly or implicitly, give the impression of a sponsorship, affiliation or endorsement of you, your own website or your business by HHC. You agree that if HHC requests, you will remove any link to the Site immediately.

You may not frame our Site or in any way display the Site or its Content on another website.

6. Prohibition on Sharing Log-in Information

In addition to provisions herein concerning use of content on this site and copyrighted material, you expressly agree that you will not share or distribute your log-in information, including your password, with any party.

You agree that such log-in information is for the use of one individual, natural person only. You agree that to the extent you violate such provision, you will be responsible for any losses to HHC in subscription revenue, as well as any fees HHC incurs in recovering same from you.

7. Third Party Sites and Services

The Site may provide information about and/or links to websites operated by third parties. The Site may include advertisements from third parties. HHC disclaims any affiliation with such third parties and makes no warranties, representations or endorsements concerning these third parties, the quality of their goods and services; any businesses transacted with such third parties; the propriety, suitability, or usefulness of the content of their websites; the functionality of any third party website or your ability to use any third party’s content.

You use any third party websites, goods or services at your own risk and subject to the third party’s own terms of use and any agreement you make with the third party. You agree and acknowledge that HHC is not a party to any business you transact with any third party, regardless of our relationship with any third party, or whether we receive financial compensation from any third party in connection with any of your transactions. You acknowledge that HHC is not liable for any damages, costs associated with any of your use and/or purchase of any third party site, good or service.

8. Disclaimer of Warranties

By using the site, you agree and acknowledge that your use of this site and any content or information associated therewith is solely at your own risk. You agree and acknowledge that you are solely responsible for any damages or losses that arise out of your use of this site.

This site and its software are provided on an “as is” basis without any warranty. HHC disclaims any and all warranties, including, but not limited to, warranties of title, implied warranties of merchantability or fitness for a particular purpose, any warranties concerning products or services advertised on or otherwise made available or discussed on this site, or warranties of non-infringement.

HHC makes no warranties concerning the availability, security, or presence or absence of errors or viruses in the site. HHC makes no warranties concerning the corruption or integrity of data transmitted through the site.

HHC makes no warranties concerning the timeliness of content.

9. Limitation of Liability

In no event will HHC or its affiliates, agents, officers, directors, employees, suppliers and licensors be liable to you or anyone else for any damages arising out of your use or misuse of the site. This includes, but is not limited to, liability for consequential damages, special damages, incidental damages, lost profits, personal injury/wrongful death, indirect damages, or similar damages. This applies even if we are advised beforehand of the possibility of such damages. You agree that the liability of HHC or its affiliates, agents, officers, directors, employees, suppliers and licensors, if any, arising out of any kind of legal claim in any way connected to any of our site will not exceed any amount you paid to us in connection with your use of the site.

To the extent your state prohibits the exclusion or limitation of certain categories of damages, this limitation may not apply to you. Under those circumstances, the liability of HHC or its affiliates, agents, officers, directors, employees, suppliers and licensors is limited to the fullest extent permitted by applicable state law.

10. Your Submissions to the Site

You acknowledge and agree that you are solely responsible for the content of any submission you make available by means of the Site, including, but not limited to, by posting any material on the Site or in a bulletin board or forum, or in an email. HHC has the right to monitor the content you or other users make available or share by means of the Site, but HHC has no obligation to do so. You agree that if HHC in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, HHC has the right, but not the obligation, to remove or deny access to such content.

You expressly agree that HHC shall not be liable to you for any action HHC takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under copyright law and prohibitions on libel, slander and invasion of privacy. HHC has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of access privileges and/or deletion of objectionable material.

If you make any submission by, to or through the Site, or if you submit any information, idea, business plan, concept or invention to HHC by email, you automatically grant or warrant that the owner of such submission, information, idea, business plan, concept or invention has expressly granted HHC a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, nonexclusive license to use, reproduce, create derivative works from, modify, copy, print, publish, edit, translate, distribute, transmit, perform, display, excerpt, host, index, cache, tag, encode or adapt same in any media or medium, or any form, format, or forum now known or later developed.

11. Warranty and Indemnification

You represent and warrant to HHC that you will not transmit by means of the Site materials of any kind which (a) violate, plagiarize, or infringe on the intellectual property, privacy, contractual rights or any other rights of any third party; (b) are exported in violation of any law, rule, or regulation governing exports from the United States; (c) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful materials; (d) contain software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You further represent and warrant to HHC that your use of the Site will at all times comply with applicable laws, rules, and regulations.

You warrant that you will not use the Site to invade the privacy of any party, you will not impersonate HHC personnel or other parties or entities, you will not use the Site to threaten or otherwise harass any party. You warrant that you will not use the Site to solicit other visitors of the Site to patronize any services. You warrant that you will not violate the security of the Site. You warrant that you will not attempt to utilize another user’s account name or identity.

You warrant that you will not use the Site or any HHC email address in connection with the sending of the same or substantially similar unsolicited email messages, whether commercial in nature or not, to a large number of recipients. You warrant that you will not send unsolicited mass mailings from any service which in any way implicates the use of the HHC Site, equipment or any HHC email address. For purposes of this provision, merely making one’s email address accessible to the public shall not constitute a request or invitation to receive messages.

By making any submission by, to or through the Site involving you warrant that you have permission from all persons appearing in same for you to do so and grant rights described herein.

You agree to hold HHC and any of our affiliates, agents, officers, directors, employees, suppliers and licensors harmless from any claim or action that may arise from your use of any of the Site or any violations of these Terms of Use, including, but not limited to, attorneys’ fees and costs. You shall cooperate fully with the defense of any claim. HHC reserves the right, at its own expense, to assume the exclusive defense and control of any matter not subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of HHC.

12. Charges and Payment

You are responsible for all charges associated with connecting to the Site, including, but not limited to, telephone or Internet access lines and equipment.

You are responsible for all activities and charges resulting form use of the Site.

In the event of a breach of security, you will remain liable for any unauthorized use of any email or other account.

13. User Information

You certify that you are not a minor, i.e, that you are at least eighteen (18) years of age, provided, however, that a minor’s parent or legal guardian may authorize a minor to access the Site under appropriate supervision, none of which is the responsibility of HHC.

14. No Expectation of Privacy

You acknowledge that transmissions made by, to, or through the Site are not confidential and that your communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and HHC.

15. Software Licenses

To the extent you access or use any software in connection with your accessing the Site, you are not granted any license to or other rights in the software or any of its versions and related documentation. To the extent any license is made available to you by virtue of your use of the Site, you may not sublicense, assign or otherwise transfer same.

16. Termination

HHC may terminate or suspend your access to the Site at any time, for any reason, without prior notice, and at its sole discretion.

17. Miscellaneous Matters

The Terms of Use are governed by the law of the Commonwealth of Massachusetts. Actions relating to the Site and the Terms of Use shall be brought in state or federal courts in Massachusetts.

If you become aware of any violations of the Terms of Use or any right of HHC, you will notify HHC at once by contacting Michael G. Clayman at HHC Publishing, Inc., PO Box 9138, Foxboro, MA, 02035-9138, 617-770-0102 or michael.clayman AT hhcpublishing.com.

With the exception of any other terms posted on the Site, the Terms of Use constitute the entire agreement between the parties. To the extent any terms are found invalid, this agreement is severable and the other terms will survive. Any failure by HHC to enforce any provision of the Terms of Use shall not constitute a waiver of any right to enforce such provision or any other.

If you believe you have any claim against HHC, you agree that before filing any legal action, you will contact HHC. Any such correspondence should be sent to Michael G. Clayman at HHC Publishing, Inc., PO Box 9138, Foxboro, MA, 02035-9138, 617-770-0102 or michael.clayman AT hhcpublishing.com.

© Copyright January 1, 2024 by HHC Publishing, Inc. All rights reserved.