Terms of Use

This site (the “Site”) is available for your use by Halogen Guides LLC (“Halogen”) subject to the terms and conditions of this agreement (the “Agreement”). The information provided on the Site is provided by Halogen and its third party suppliers (“Information Providers”). BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, HALOGEN IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SITE AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE. Halogen may modify this Agreement from time to time in its sole discretion and your continued use of the Site shall constitute acceptance of such modifications.

Site Content

Halogen and Information Providers furnish the information available on the Site without responsibility for accuracy and you agree that errors contained in such information shall not be made the basis for any claim, demand or cause of action against Halogen or any Information Provider. Halogen believes its data and text services to be reliable, but accuracy is not warranted or guaranteed. The Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither Halogen or Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.

You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on the Site in any manner without the express written consent of Halogen, nor to use the information available on the Site for any unlawful purpose. You agree to access the information available on the Site manually by request and not programmatically by macro or other automated means. Halogen may point to other sites that may of be of interest to you but for which Halogen has no responsibility.

Site Use

All users of the Site are subject to basic rules of good conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to: (i) refrain from violating applicable federal, state and international laws; (ii) refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to other users of the Site or any other individual; (iii) refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site; (iv) refrain from using the services provided on the Site to harm minors; (v) refrain from interfering with others’ use of the Site; (vi) refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site; (vii) refrain from using the services to create a false identity or to impersonate another person; and (viii) refrain from using the services to advertise Internet sites or services which are competitive to the Site. The foregoing rules set the minimum level of conduct that Halogen expects at the Site. Halogen also asks that you use common sense and be considerate towards other users. Halogen reserves the right, in its sole discretion, to suspend or terminate your right to use the Site or the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive.

Posted Content

As part of your use of the Site, you may be permitted to upload, post, distribute or disseminate (collectively, “post”) images, videos, files, data, information and other content and material (the “Posted Content”) on the Site. You hereby grant Halogen an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content (i) on the Site and to (ii) to promote and advertise the Site and Halogen’s services. In connection with these activities, you agree that Halogen has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. You also warrant that if you are not the owner of the Posted Content, the owner of the Posted Content has validly and irrevocably granted you the right to grant the license stated above.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner’s permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner’s permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Halogen does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content posted by other users will be at your own risk. Halogen does not confirm that each user is who he or she claims to be. While Halogen exercises a considerable effort to protect Posted Content from being misused, misuse can occur, and, if misuse does occur, you agree to hold Halogen harmless from any claim arising out of or in any way connected with such misuse. Because Halogen is not involved in user-to-user dealings and does not control the behavior of users on the Site, in the event that you have a dispute with one or more users, you agree to hold Halogen harmless from and against any claim arising out of or in any way connected with such dispute.

Halogen acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If Halogen becomes aware of any Posted Content that allegedly may not conform to these Terms of Use, Halogen may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms of Use. Halogen has no liability or responsibility to users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. Halogen expects that you will use caution and common sense when using the Site. HALOGEN HAS THE ABSOLUTE RIGHT IN ITS SOLE DISCRETION TO REMOVE OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL OR DELETION AND WAIVE ANY CLAIM AGAINST HALOGEN FOR SUCH REMOVAL OR DELETION.

Infringement

If you believe any material on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the alleged infringing material is located on the Site; (c) your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.

The Halogen Designated Agent for notice of claims of copyright infringement can be reached as follows: halogen@halogenguides.com.

Disclaimer or Warranties and Limitation of Liability

HALOGEN AND INFORMATION PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

NEITHER HALOGEN NOR ANY OF ITS INFORMATION PROVIDERS, PARENTS, MEMBERS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE LIABILITY OF HALOGEN SHALL BE LIMITED TO US $100.00 IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.

Miscellaneous

Any disputes arising out of or relating to these Terms of Use or any of the policies or guidelines governing the Site or the use of the Site shall be resolved in accordance with the laws of the State of California, without regard to its conflict of law rules. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE APPLICABLE FEDERAL AND STATE COURTS LOCATED IN SAN FRANCISCO, CALIFORNIA IN ALL DISPUTES ARISING FROM OR RELATING TO THESE TERMS OF USE OR ANY OF THE POLICIES OR GUIDELINES GOVERNING THE SITE OR YOUR ACCESS TO OR USE OF THE SITE.

These Terms of Use and the policies and guidelines governing the Site, as modified from time to time, constitute the entire agreement between you and Halogen with respect to the subject matter hereof. These Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof.

No failure of Halogen to enforce any of its rights under these Terms of Use or any of the policies or guidelines governing the Site will act as a waiver of such rights.

If any portion of any provision of these Terms of Use or such other rules policies or guidelines is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Use and such other rules policies and guidelines shall remain in full force and effect.

Halogen reserves the right to modify these Terms of Use at any time, so please review these frequently. If we make material changes to these Terms of Use, we will notify you here, by email, or by means of a notice on our home page.

All information on the Site is Copyright © 2005-2008 Halogen Guides LLC or its Information Providers, All Rights Reserved.

Last Updated on May 20, 2008

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