AGREEMENT BETWEEN USER AND HDT
This Web Site is the official Site of CB-HDT Holdings, Inc. and its subsidiaries, including, but not limited to, Hunter Defense Technologies, Inc., HDT Expeditionary Systems, Inc., HDT Expeditionary Systems Limited, HDT Expeditionary Systems Pty Ltd, and HDT Global Europe Limited. The Web Site is comprised of various Web pages operated by HDT. “HDT Web Site” shall be defined herein to include acc.com and all other Web pages operated or hosted exclusively by HDT (“Services”).
The HDT Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HDT Web Site constitutes your agreement to all such terms, conditions, and notices.
HDT reserves the right to change the terms, conditions, and notices under which the HDT Web Site is offered.
LINKS TO THIRD PARTY SITES
The HDT Web Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of HDT and HDT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HDT is not responsible for webcasting or any other form of transmission received from any Linked Site. HDT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HDT of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HDT Web Site, you warrant to HDT that you will not use the HDT Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HDT Web Site in any manner, which could damage, disable, overburden, or impair the HDT Web Site or interfere with any other party’s use and enjoyment of the HDT Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HDT Web Site, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HDT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HDT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE HDT WEB SITE AT ANY TIME.
HDT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HDT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HDT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Except as prohibited by law, you will hold HDT and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
To the maximum extent permitted by law, these Terms is governed by the laws of the State of Ohio, and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Ohio in all disputes arising out of or relating to the use of the HDT Web Site. Use of the HDT Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HDT as a result of these Terms or use of the HDT Web Site.
HDT’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of HDT’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HDT Web Site or information provided to or gathered by HDT with respect to such use. If any part of these Terms 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 the Terms shall continue in effect. Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and HDT with respect to the HDT Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HDT with respect to the HDT Web Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be drawn up in English and the English language meaning of the Terms will govern your relationship with HDT.
PRIVACY AND PERSONAL INFORMATION
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HDT have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms shall continue to apply to such rights, obligations and liabilities indefinitely.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the HDT Web Site are: Copyright 2014 by HDT and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned within the HDT Web Site may be the trademarks of their respective owners, including HDT.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider: ATTN: Legal Department, Hunter Defense Technologies, Inc., 30500 Aurora Road, Solon, Ohio 44139. ALL INQUIRIES NOT SUBMITTED ACCORDING TO THIS PROCEDURE WILL RECEIVE NO RESPONSE.
GENERAL LEGAL TERMS
The Terms constitute the whole legal agreement between you and HDT and govern your use of the Services (but excluding any services which HDT may provide to you under a separate written agreement), and completely replace any prior agreements between you and HDT in relation to the Services.
You acknowledge and agree that the form and nature of the Services, which HDT provides, may change from time to time without prior notice to you.
Unless you have been specifically permitted to do so in a separate agreement with HDT, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that HDT has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HDT may suffer) of any such breach.
You agree that if HDT does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HDT has the benefit of under any applicable law), this will not be taken to be a formal waiver of HDT’s rights and that those rights or remedies will still be available to HDT.
If any disagreement or dispute arises regarding these Terms or any rights or obligations conveyed hereunder, the disagreement shall be resolved, whenever possible, by meeting and conferring. If such efforts are unsuccessful, either you or HDT (collectively “Parties” or individually “Party”) shall seek a resolution via binding arbitration, to be conducted in the State of Ohio and in accordance with the then-prevailing rules of the American Arbitration Association. Any award conferred shall be enforceable in any court of suitable jurisdiction in the State of Ohio. The arbitration requirement does not apply to requests for injunctive relief.
Parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration both Parties each waive any right to a jury trial. Parties both agree that either Party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.