1. Site Access License: This Site is a general information web site about Hacker Industries, Inc. and its products and services. Hacker Industries, Inc. hereby grants You the limited right to access and use the Site solely in accordance with the terms of this Agreement. You may download and print the content available on this Site, including without limitation, information about Hacker Industries, Inc. products and services solely for use by You for your internal business purposes. You may not redistribute or sell Site content, including without limitation, for a fee. All content on this Site is protected by national and international copyright and trademark laws. All rights not expressly granted by Hacker Industries, Inc. are reserved by Hacker Industries, Inc.
If you are a Licensed Applicator of Hacker Industries, Inc. products, you may only access the password protected areas of the Site with the password provided by Hacker Industries, Inc. You agree to keep that information confidential and not to disclose it to third parties unless you have Hacker Industries' prior written consent.
2. Site Availability: Sometimes the Site may be inaccessible for a variety of reasons, including without limitation due to Site maintenance, Internet interruptions, bandwidth availability, and concurrent use limitations. Subject to applicable law, Hacker Industries, Inc. reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.
3. Information Collected at this Site: You may browse this Site without disclosing any personally identifiable information to Hacker Industries, Inc. However, if You wish to have access to certain activities or portions of the Site, You will be asked for information that personally identifies You. Hacker Industries, Inc. also collects aggregate information about visitors at the Site. Information collected at this Site includes, but is not limited to, information gathered via cookies, tags and clear gifs, Internet protocol addresses, referrers, profiles based on tracking activities at the Site, and other types of data collected via Site monitoring and data collection technology.
4. Ownership and Use of Information Collected at the Site: Hacker Industries, Inc. owns all information collected from you and other users of this Site including aggregate and personally identifiable information ("User Information"). You should consider any User Information collected from or about you "public information". You acknowledge that Hacker Industries, Inc. may store, use, disclose and transfer user Information to third parties without any limitation, restriction or obligation to You.
5. Feedback about the Site or Services: Any comments or information that You provide to Hacker Industries, Inc. via the Site, including without limitation, feedback, suggestions, ideas, concepts, or other information (collectively, the "Submissions"),are owned by Hacker Industries, Inc. and You assign any right You may have in Submissions to Hacker Industries, Inc. Submissions may be freely used by Hacker Industries, Inc. without any limitation, restriction or obligation to You.
6. Passwords: If You have been given a password to access certain portions of the Site, all actions taken by You or anyone using your password to access or use the Site,will be attributed to You even if the user of your password had no actual authority or made an error.
7. WARRANTY DISCLAIMER REGARDING USE OF THE SITE: THIS SITE AND ALL INFORMATION ACCESSIBLE ON OR THROUGH THE SITE IS PROVIDED "AS IS", "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. HACKER INDUSTRIES, INC. GIVES NO EXPRESS WARRANTIES, AND DISCLAIMS ANY AND ALL (IF ANY), OF THE FOLLOWING: (A) IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY; FITNESS FOR A PARTICULAR PURPOSE; SITE AVAILABILITY; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY CAUSE OR CONTRIBUTE TO ANY HARM; AND ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND INFORMATION AVAILABLE ON OR THROUGH THE SITE AND/OR SERVICES IS BORNE BY USER.
IN ADDITION, HACKER INDUSTRIES, INC. DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE AND INFORMATION AVAILABLE ON OR THROUGH THE SITE.
8. EXCLUSION OF DAMAGES: IN NO EVENT WILL HACKER INDUSTRIES, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR DATA, BUSINESS INTERRUPTION, OR FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH, REASONABLE CARE, OR LACK OF NEGLIGENCE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, THIS INCLUDES, WITHOUT LIMITATION, ANY DELAY OR INABILITY TO USE THE SITE, SERVICES OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR BREACH OF CONTRACT OR WARRANTY BY HACKER INDUSTRIES, INC. EVEN IF HACKER INDUSTRIES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT AT LAW OR IN EQUITY FAIL OF THEIR ESSENTIAL PURPOSE, AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM.
9. EXCLUSIVE REMEDY: THIS SITE IS MADE AVAILABLE TO YOU WITHOUT COST OR CHARGE. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISPUTE ARISING OUT OF OR RELATED TO THE SITE IS A SUIT AT LAW FOR MONETARY, ACTUAL DIRECT DAMAGES. IN NO EVENT WILL HACKER INDUSTRIES, INC. AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED TEN DOLLAR ($10.00). YOU WAIVE ANY CLAIM IN EXCESS OF THAT AMOUNT.
10. Records: You agree to retain copies of this Agreement (and any legal notices and disclosures provided at this Site) as part of your legal records. For example, You may be able to make a paper copy by pressing the "print" button on your Internet browser program, or You may be able to make a electronic copy by selecting "save file" option in your Internet browser.
11. User Representations & Warranties: You represent and warrant for the benefit of Hacker Industries, Inc., Hacker Industries, Inc. suppliers, and any third parties mentioned on the Site that:(a) all information submitted by You to this Site is true and accurate; (b) You will be responsible for all use of your password; (c) You will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
12. Indemnity: You will defend, indemnify and hold Hacker Industries, Inc., its subsidiaries and affiliates and their officers, directors, agents, and employees harmless from all claims, demands, actions and causes of action, including attorney's fees and expenses incurred as a result, in connection with your use of the Site.
13. Links to Third Party Sites: As a convenience, Hacker Industries, Inc., may provide links to third party web sites from this Site. Hacker Industries, Inc. does not control any third party web site and is not liable for any technological, legal or other consequences that arise out of your visit or transactions there. Any transaction conducted will be between You and the Third party site-at your own risk. This means that Hacker Industries, Inc. is not your agent and will not be a party to any contract between You and a third party web site. Hacker Industries, Inc. does not recommend or endorse any third party web site.
14. CALIFORNIA LAW & ORANGE COUNTY FORUM: This Agreement is governed and construed by the laws of the state of California, U.S.A. You consent to jurisdiction and venue in the state and federal courts sitting in Orange County, California and waive all defenses of lack of personal jurisdiction and forum nonconveniens. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement. Hacker Industries, Inc. obligations are subject to existing laws and legal process and Hacker Industries, Inc. may comply with law enforcement or regulatory request or requirements notwithstanding any contrary term.
15. Changes to this Agreement: This Site is like a store: every time a customer enters a store, the customer is bound by the rules in effect on the date of the customer's visit. Similarly, at the Site, you are bound by the version of this Agreement in effect on the date of the visit. The provisions of this Agreement may change from time to time. Hacker Industries, Inc. will post notices of any updates to this Agreement on the Site. You agree to review any updated version of this Agreement.
16. General: If any part of this Agreement is determined to be invalid or unenforceable, 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 will continue in effect. This Agreement constitutes the entire agreement between You and Hacker Industries, Inc. with respect to use of the Site and supersedes all other (prior or contemporaneous) communications, displays or proposals, whether electronic, oral or written, between You and Hacker Industries, Inc. regarding use of the Site.