Effective: April 4, 2011
Last Updated: April 5, 2011
1. ACCEPTANCE OF TERMS
Unless explicitly stated otherwise, all data, materials, information and software (if any) made available through the Site including, without limitation, any new feature added from time to time (collectively, "Content") are automatically subject to these Terms. You represent to HPN that you have the authority to use the Site and its Content according to these Terms. You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with these Terms.
WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.
2. ADDITIONAL AND MODIFIED TERMS
From time to time, HPN may supplement these Terms with additional terms that pertain to specific material on the Site, such as new or expanded services ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms. The Additional Terms will take precedence if these Terms and any Additional Terms conflict.
HPN also may modify these Terms from time to time. When HPN posts modifications to these Terms, HPN will revise the "Last Updated" date at the top of this page. If HPN makes material modifications to these Terms, HPN will post a notice on the Site together with a description of the modifications made. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any of the modifications, your sole recourse is to terminate your use of the Site. Please check the Site from time to time to inform yourself of modifications to these Terms or any of HPN's other policies related to the Site.
3. MODIFICATIONS TO THE SITEHPN reserves the right to modify or discontinue the Site or any part thereof, temporarily or permanently, without notice to you and without liability to you or any third party.
4. USE OF THE SITE AND CONTENT
To use the Site, you will need to: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (b) provide you own access to the World Wide Web; and (c) pay any telephone, data, hosting or other service fees associated with such access.
By using the Site, you specifically agree that:
- a. a. You will use the Site and its Content only for purposes permitted by the Competition’s Official Rules, these Terms and applicable local, state, national or international laws, rules or regulations.
- b. You will not post information on or upload or download any Content to/from the Site unless you have all rights and authority necessary to do so.
- c. You will not post on or upload to or download from the Site any infringing, potentially libelous or slanderous, defamatory, obscene or illegal material or information, or material or information that is as otherwise inappropriate (as HPN determines in its sole discretion).
- d. You will not engage in activities, such as use of files that contain viruses, programs or routines that may disrupt or damage the Site or another's computer or device.
- e. You will not attempt to "crack", "hack", manipulate, launch any automated system or gain unauthorized access to HPN's servers or software, the Content or areas of the Site not intended for your access.
- f. You will not reproduce, duplicate, copy, sell, trade or resell any Content for any purpose.
- g. You will not defame, abuse, harass, stalk, threaten, embarrass, cause distress, unwanted attention or discomfort or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any other person.
- h. You will not impersonate another person or entity, including but not limited to a HPN representative, or communicate under a false name (other than a display name) or a name that you are not entitled or authorized to use.
HPN reserves the right (but is not obligated) to record, monitor, edit or disclose activities occurring through the Site and/or investigate any allegation that any activity occurring through the Site does not conform to these Terms. HPN does not endorse or assume any responsibility for any User's activity or any crime facilitated by use of the Site.
5. REGISTRATIONHPN receives entries in the Competition ("Entries") via the on-line registration form accessible on the Site. Your participation in the Competition and the submission of Entries are governed by the Competition's Official Rules, which are hereby incorporated by reference.
As part of the registration process for the Competition, you must provide your full legal name, a display name (which may be the same as or different from your legal name), a log-in or user name and a password. Only your display name will be visible on the Website. You may (but are not required to) provide additional information about yourself as part of the registration process, all of which information will be visible on the Site. You also may be required to provide additional information in connection with your continued use of the Site. All of the registration information that you provide is collectively referred to as your "Account".
You agree that the registration information you provide is complete, correct and accurate. You acknowledge and agree that HPN may block your use of the Site and/or terminate your Account if (i) your registration information is untrue, inaccurate, not current or incomplete, or if HPN has reasonable grounds to believe that any information is untrue, inaccurate, not current or incomplete and/or (ii) HPN is unable to verify any of the information in your Account.
You are responsible for keeping your Account secure. You also are responsible for all activities that occur through your Account. By using the Site, you hereby agree to immediately notify HPN of any unauthorized use of your Account or any breach of security. Unauthorized access to the Site is a breach of these Terms and a violation of law.
7. LICENSE GRANT AND CONTENT
Subject to these Terms, HPN hereby grants you a nonexclusive, nontransferable right to: (a) use the Site and its Content solely for the Competition in accordance with the Competition’s Official Rules; (b) access any software, including files, images incorporated in or generated by the software and data accompanying the software (the "Software") solely in connection with the Competition; and (c) download, print and use one copy of the Content for your personal or internal use only in connection with the Competition in accordance with the Competition’s Official Rules. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of the Terms and is a violation of law.
If you download Software (if any) from the Site, the Software is licensed to you by HPN or the owner of the Software pursuant to the above license grant and pursuant to other terms and conditions that accompany the Software. While you may own the medium on which the Software is recorded, title to the Software is not transferred to you and HPN or the owner of the Software retains full and complete title to the Software and all intellectual property rights therein.
No Content, or trademarks, service marks and logos contained in the Content or any Software (collectively, "Marks") may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the prior written consent of HPN or the applicable owner of such Content and Marks. If you download or print a copy of the Content or any Software for personal use in connection with the Competition, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or any Software or use of the Content or any Software for any purpose other than the Competition is a violation of HPN's copyright and other proprietary rights. The use of the Content on any other website or networked computer environment other than for the purpose of participating in the Competition is prohibited.
Except as specifically permitted in these Terms and the Competition’s Official Rules, you may not, directly or indirectly,: (i) transfer, sell, sublicense, rent or lease the Content or any Software; (ii) circumvent any encrypted data or gain access to more Content or Software than was licensed for use on the Site in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Software or computer programs used to access the Site (except as local law may permit without violation of local copyright law); and/or (iv) copy (except as provided herein in connection with the Competition), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content or any Software permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide HPN with evidence of compliance with this Section 7. Any special rules for the use of Content or Software accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.
The Content of the Site and Software are protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content and any Software includes material owned or controlled by HPN and material owned or controlled by third parties and licensed to HPN. Except for any content that you create on or through the Site, title to all Content or any Software remains with HPN or the third party owners of such Content or Software. Any use of Content or any Software not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by HPN.
8. USER CONTENT
As a User, you may post or submit content to the Site ("User Content"). User Content does not include Submissions (as described in Section 9 below). You understand that, whether or not such User Content is published, HPN does not guarantee any confidentiality with respect to any User Content.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize HPN to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your User Content to enable use of the User Content in the manner contemplated by the Site and these Terms.
For clarity, except as otherwise provided in the Competition’s Official Rules, you retain all of your ownership rights in your User Content. By submitting your User Content to the Site, you hereby grant HPN a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with the Site, the Competition and HPN’s business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any and all media formats and through any and all media channels, provided, that you retain the right to use your User Content solely for purposes of participating in the Competition and for your own internal business purposes. You also hereby grant each other User of the Site a non-exclusive, limited license to access your User Content through the Site and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under these Terms solely in connection with the Competition.
You further agree that you will not submit material that is: (a) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including without limitation privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner(s) to post the material and to grant HPN all of the license rights granted herein; and (b) in connection with User Content, contrary to applicable local, national, and international laws and regulations.
HPN does not endorse any User Content or any opinion, recommendation or advice expressed therein, and HPN expressly disclaims any and all liability in connection with User Content. HPN does not permit copyright infringing activities and infringement of intellectual property rights on its Site. HPN will remove all Content and User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. HPN reserves the right to remove Content and User Content without prior notice and expressly reserves it rights under the Good Samaritan provisions of Communications Decency Act, Title 47, United States Code, § 230(c).
Any opinions and recommendations expressed on the Site are those of the person expressing such views and not those of HPN. HPN is not responsible for and does not assume any liability for the comments and opinions expressed by Users. You agree to hold HPN and its affiliates, employees, community administrators and community hosts free of responsibility for any potentially damaging User Content posted by you or other Users. Users are solely responsible for their User Content.
HPN does not accept or consider unsolicited ideas, suggestions or other original material. Please do not send your unsolicited original materials to anyone at HPN. If, despite this request, you still send us your such materials, please understand that we make no assurances that your materials will be treated as confidential or proprietary and, upon submission, such materials become the sole and exclusive property of HPN. Competition entries submitted in accordance with the Competition Official Rules are not considered unsolicited for purposes of this Section 9.
10. LINKS TO OTHER WEBSITES
These Terms apply only to the Site. The Site may provide links to other websites or resources. Because HPN has no control over such third-party websites and resources, you acknowledge and agree that HPN is not responsible for the availability of such websites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources or such websites' privacy policies/practices.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND RESOURCES.
HPN has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
11. TERMINATIONThese Terms are effective until terminated by either you or us. You can terminate these Terms at any time by discontinuing use of the Site. We may immediately terminate these Terms as applied to you (including your access to the Site) without cause and without notice in our sole discretion. Upon termination by either you or HPN, you must stop using the Site.
A registered User may delete his/her Account at any time by sending a message to HPN via the Site's "Contact Us" link. HPN may, in its sole discretion, terminate a registered User if he/she has been inactive for a period of twelve (12) months.
12. SYSTEM OUTAGESHPN may schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. HPN has no liability whatsoever for: (a) the resulting unavailability of the Site and its Content; (b) any loss of data or transactions caused by planned or unplanned system outages; (c) the resultant delay, misdelivery or nondelivery of information caused by such system outages; or (d) any third party acts or any other outages of web host providers, Internet service providers or the Internet facilities and networks.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT ACCESSED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. HPN DOES NOT WARRANT THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SITE OR ITS CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. HPN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE OF THE SITE OR ITS CONTENT. YOU (AND NOT HPN) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE AND CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
14. LIMITATION OF LIABILITY
HPN IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.
HPN IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE AND ITS CONTENT OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS AND/OR MATERIAL OBTAINED THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF HPN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold each of HPN and its affiliated entities and their respective officers, directors, employees and agents, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) due to or arising out of: (a) your use of and access to the Site and its Content; (b) your violation of any provision of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property or privacy right.
HPN and HPN's logo and other product and service names of HPN are trademarks of Heritage Provider Network, Inc. (the “HPN Marks”). You agree not to display, reproduce or otherwise use in any manner the HPN Marks without HPN's prior written permission.
17. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by HPN infringe your copyright, you (or your agent) may send HPN a notice requesting that the material be removed or access to it blocked by providing HPN's Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
- - Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the HPN to locate the material;
- - Information reasonably sufficient to permit the HPN to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- - A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- - A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send HPN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be addressed to our Copyright Agent at:
Heritage Provider Network, Inc.
Attn: Copyright Agent
8510 Balboa Boulevard, Suite 285
Northridge, CA 91325
HPN suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
For clarity, only DMCA notices and counter-notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HPN via the Site's "Contact Us" link. You acknowledge that if you fail to comply with all of the requirements of this Section 17, your DMCA notice may not be valid.
18. USER DISPUTES
You are solely responsible for any interaction with other Users of the Site. We reserve the right but will have no obligation to monitor disputes between you and any other User of the Site.
19. USERS FROM OUTSIDE THE UNITED STATES
By visiting the Site, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site.
The Site is controlled and operated by HPN from the United States. HPN does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Site and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. HPN may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that HPN chooses, at any time and in HPN's sole discretion.
20. APPLICABLE LAWSAll matters relating to your access to and use of the Site, the Content and Software (if any) provided on or through or uploaded to the Site will be governed by U.S. federal law and the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content must be instituted in a state or federal court in Los Angeles County, California. You and HPN agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Notices: Any notice or other communication required or permitted to be made under these Terms may be delivered in person, by facsimile transmission, by United States certified or registered mail, by a nationally-recognized overnight courier or by electronic means. In each case, such notice to any party will be made to the party indicated (1) in the case of HPN, using the information provided in Section 24 below, or (2) in the case of a User, using the registration information provided at time of registration.No Rights of Third Parties: These Terms do not create rights enforceable by third parties.
22. OFFICIAL LANGUAGE
These Terms and all Competition-related documentation are provided in the English language only.
23. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code §1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the website is:
Heritage Provider Network, Inc.
8510 Balboa Boulevard, Suite 285
Northridge, CA 91325
To file a complaint regarding the Site or to receive further information regarding use of the Site, please contact us via the Site's "Contact Us" link or at the address set forth above. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
24. QUESTIONS ABOUT THESE TERMS
Please contact us via email by clicking the "Contact Us" button.