TERMS OF USE
Welcome to www.HK-Now.com (the “Site”) which is provided for your personal use by the HADDAM CIVIC LEAGUE, LLC (“HCL”) subject to the following Terms of Use and any operating rules or policies that may be published from time to time by HCL in its sole discretion. Your use of the Site (including without limitation any mobile sites, applications, any of the features of the site, including RSS, API, software and downloads) constitutes your acceptance of these Terms of Use and your agreement to abide by all of the terms and conditions of these Terms of Use. If you wish to decline or if you otherwise object to these Terms of Use, you must leave and discontinue the use of the Site.
Changes to the Terms of Use
HCL may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site which will be effective immediately upon posting. Your continued use of the Site after such changes are posted will constitute your agreement to, and acceptance of, such changes.
Modifications to the Site
HCL reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. HCL may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice, liability or penalty.
User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, defamatory, harassing, abusive, disruptive, profane or plagiarized; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (d) contain a virus or other harmful component; (e) are false or misleading as statement of fact or origin; or (f) violate the rights of any third party in any manner, including, without limitation, the intellectual property rights of any such third party.
To the extent that the consent or permission of any third party is required for any submission or posting, you represent and warrant that you have independently secured such consent or permission in writing and that you have the right to post or use such property and that your use of such third party intellectual property does not violate any rights of such third party. You agree to fully cooperate with HCL in the defense of any claim against HCL by reason of your violation of the Terms of Use (or any part thereof). HCL reserves the right (but not the obligation), at its expense, to assume the exclusive defense and control any matter subject to indemnification by you.
Intellectual Property
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right for your use of any materials on the Site for any commercial purpose that is not intended by these Terms of Use, including but not limited to the copyrights and trademarks displayed on the Site unless you are expressly granted such rights through the written permission of HCL or such third party that may own such materials displayed on the Site. Your misuse of the materials displayed on the Site, or any other content on the Site, except as provided in these Terms of Use, is strictly prohibited.
Postings and User Content
To the extent permitted by HCL, you may be given the ability to post comments and/or publish materials to which you have the rights and other content on the Site. You may not post comments or publish materials that are libelous, illegal, obscene, threatening, defamatory, pornographic, invasive of privacy, abusive, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable nor materials that consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, disruptive, repetitive, meaningless or any form of “spam.” HCL does not endorse any such content that is submitted by users like yourself but may publish the same in the interest of fair exchange of views and debate.
If you do post content or submit material to HCL, and regardless whether you indicate otherwise, you grant HCL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, copy, modify, edit, adapt, transmit, publish, translate, publicly perform, create derivative works from, distribute, host, index, cache, tag, encode (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), and publicly display such content throughout the world, in whole or in part, in any media (whether now known or hereafter devised), without any compensation to you, and you waive any rights you may have in having the material altered or changed in a manner agreeable to you. You grant HCL the right to use the name that you submit in connection with such content if HCL elects (in its discretion) to use the name which you submitted.
Monitoring
You agree that HCL has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site. Notwithstanding this right, HCL does not and cannot review all materials posted on the Site by users and HCL takes no responsibility and assumes no liability for any content posted by you or any third party.
Third-Party Sites, Products and Services
HCL attempts to be as accurate as possible with the information it provides to you on the Site; however, HCL does not warrant that content on the Site is accurate, complete, reliable, current, or error-free. Although HCL provides you with information on current events, such as providing you with links to other websites, HCL does not independently review such websites for accuracy or changes. As such, HCL is not responsible for examining or evaluating, and does not warrant the content of their websites. HCL does not assume any responsibility or liability for the actions or content of such third parties. You agree that HCL will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your interaction with such third parties. When you click through the links to other sites, you will be leaving the Site and you should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HCL DOES NOT WARRANT THAT (A) THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU WERE EXPOSED TO THROUGH HCL. IN NO EVENT SHALL HCL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF HCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF HCL TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
Indemnification
You agree to defend, indemnify and hold HCL and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses of litigation or arbitration) incurred or suffered by them in connection with any claim arising out of or related to (i) your use of the Site, (ii) your breach or violation of any of these Terms of Use, or (iii) your dispute with another user. HCL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of HCL.
Termination
This agreement constitutes a binding agreement between you and HCL until terminated by you or HCL, which HCL may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.
Choice of Law; Forum
This agreement shall be governed by and in accordance with the laws of the State of Connecticut, without regard to conflicts of law provisions. Any controversy involving HCL arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in and for Middlesex County, Connecticut and you irrevocably consent to the jurisdiction of such courts.
Notices
Except as explicitly stated otherwise, any notices shall be given by email to HCL at President@haddamnow.com. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
General Provisions
If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or HCL to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and HCL and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.
HCL
P.O. Box 15
Higganum, CT 06441
