This agreement is between You and Any Other Individual or Entity on whose behalf You accept these terms (collectively “You” or “User”) AND HITS Consulting Group LLC, its affiliates and subsidiaries (collectively known as “HITS”):
All HITS Web properties, including but not limited to hitsconsultinggroup.com, hitscg.com, and hitshosting.com (the “HITS Web Sites”), are Internet-based online information and communication services operated by HITS.
HITS Web Sites are accessible by Users worldwide. User participation on HITS Web Sites is voluntary and any information, personal or otherwise, contributed to HITS Web Sites is done so upon the User’s own initiative. Users may discontinue participation at any time.
The HITS Web Sites are offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (the “Agreement”). Your use of the HITS Web Sites constitutes your acknowledgement and agreement to all such terms, conditions and notices, as set forth below and in all links to this Agreement. If you do not agree to accept the terms of this Agreement, you may not access or use the HITS Web Sites. Unless otherwise specified, the HITS Web Sites are exclusively for: business use as it relates to your relationship to HITS, and your personal and other non-commercial use. Unless expressly permitted by HITS, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, solutions/products or services obtained from the HITS Web Sites. Subject to any applicable terms in addition to this Agreement, you may download information, software, solutions/products or services obtained from the HITS Web Sites only for business use as it related to your relationship with HITS, your personal and other non-commercial use, provided you keep intact all copyright and other proprietary notices.
Links to Third Party Sites
HITS makes no representations whatsoever about any other web site which you may access through the HITS Web Sites. When you access a non-HITS Web Site, even one that may contain the HITS-logo or other HITS trademark, service mark or trade name, please understand that it is independent from HITS, and that HITS has no control over the content on that web site. Additionally, the HITS Web Sites may contain links to other web sites (“Linked Sites”). The Linked Sites may not be under the control of HITS and HITS is not responsible for the contents of any Linked Site not under HITS control, including without limitation any link contained in a Linked Site, any changes or updates to a Linked Site or any form of transmission received from any Linked Site. HITS makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Linked Sites and shall have no liability for any damages or injuries of any kind arising from such content or information. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HITS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER FOR ANY USE OF THE LINKED SITES.
As a condition of your use of the HITS Web Sites, you warrant to HITS that you will not use the HITS Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HITS Web Sites in any manner which could damage, disable, overburden, or impair the HITS Web Sites or interfere with any other party’s use of the HITS Web Sites. You may not obtain or attempt to obtain any materials or information through any means not made available or provided to you through the HITS Web Sites. HITS reserves complete and sole discretion with respect to the operation of the HITS Web Sites. HITS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Information Provided to HITS or Posted on HITS Web sites
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the HITS Web Sites in accordance with this Agreement. You agree to be financially responsible for your use of the HITS Web Sites and to comply with your responsibilities and obligations as stated in this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HITS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR USE OF THE HITS WEB SITES AND ANY ACCOUNT YOU MIGHT HAVE (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS, MISAPPROPRIATION OF TRADE SECRETS OR OTHER PROPRIETARY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT). Waiver, Release and Limitation of Liability YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST HITS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE HITS WEB SITES. THIS SECTION 17 WILL NOT APPLY TO CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY HITS OR ANY OTHER CLAIMS IN RESPECT OF LIABLITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
Term & Termination
Either you or HITS may terminate your right to use the HITS Web Sites at any time, with or without cause, upon notice. In addition, HITS may withdraw, suspend or discontinue any functionality or feature of the HITS Web Sites; provided, however, that if your agreement with HITS provides for the continued use of any functionality or feature, HITS will continue to provide that respective functionality or feature to you subject to the provisions of such agreement. The provisions concerning Copyrights, Indemnification, Waiver, Release and Limitation of Liability, and General shall survive any termination of this Agreement.
This Agreement is governed by US federal law or the laws of the State of New York. You hereby consent to the exclusive jurisdiction and venue of courts in the State if New York in all disputes arising out of or relating to the use of the HITS Web Sites. Use of the HITS Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these this Agreement, including without limitation this paragraph. Any cause of action or claim you may have with respect to HITS must be commenced within one (1) year after the claim or cause of action arises. HITS’ failure to insist upon or enforce strict performance of any provision of this Agreement 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 this Agreement. HITS may assign its rights and duties under this Agreement to any party at any time without notice to you.
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 this Agreement shall continue in effect.
HITS may deliver notice to you under this Agreement by means of electronic mail, a general notice on the HITS Web Sites, or by written communication delivered by first class U. S. mail to your address on record in HITS’ client information. You may give notice to HITS at any time via electronic mail to firstname.lastname@example.org or by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
HITS Consulting Group LLC
243 Fifth Avenue, Suite 404
New York, NY 10016
Information on the HITS Web Sites may be changed or updated without notice. HITS may also make improvements and/or changes in the solutions and/or the services described on the HITS Web Sites at any time without notice. In the event of any conflict between the terms of this Agreement and the terms and conditions of a dually-executed agreement between HITS and User, the terms of the dually-executed agreement between HITS and User shall have precedence.