hooper.org
Terms of Use

The following terms and conditions (“Terms of Use”) govern your use of this Web site (the “Site”) owned and operated by Gary Hooper (“we&rdquo, “us&rdquo, or “our&rdquo), and the content accessible on or from the Site. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Use. If you do not accept these terms and conditions, you may not access or use the Site.

1. Intellectual Property: All content of the Site, including, but not limited to, the text, graphics, images, audio, video, and software, and the compilation thereof (the “Content”), is protected by U.S. and international copyright laws. We own the copyright in the Site as a compilation, and, unless otherwise indicated, all Content on the Site is owned and copyrighted by us. Except as set forth in the limited licence below, neither the Content, nor any other portion of the Site, may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose, without our prior written consent.

2. Limited Licence: We grant to you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. The limited licence set forth in this section does not include the right to: (i) modify or download the Site or Content (except for caching or as necessary to view the Site); (ii) make any use of the Site or Content other than for personal use; (iii) create any derivative work based on either the Site or Content; (iv) use any meta tags or any other “hidden text” utilizing our name without our express written consent; or (v) enclose the Site or any portion thereof utilizing frames or framing techniques. Any unauthorized use by you of the Site or Content terminates the limited licence set forth in this section without prejudice to any other remedy provided by applicable law.

3. Links In: You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be constructed as distasteful, obscene, offensive, or controversial, and may contain only content appropriate for all ages; (v) may not portray us in an objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

4. Links Out:The Site may contain links to other Web sites operated by third parties. We are not responsible for the content or the privacy practices of those third party Web sites. We make no warranty or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party Web sites or services accessible by hyperlink from the Site. We provide these links for your convenience only and we do not control such Web sites. Our inclusion of links to such Web sites does not imply any endorsement of the materials on such third party Web sites or any association with their operators. It is your responsibility to review the privacy policies and terms of use of any other Web site that you visit.

       

5. Representations and Warranties: THE SITE IS PRESENTED “AS IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

6. Limitation of Liability: YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (v) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEB SITES; OR (vi) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE DOLLAR ($1).

7. Applicable Law and Jurisdiction: This agreement shall be governed by the laws of California, USA, as if it were a contract wholly entered into and wholly performed within California, USA. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Contra Costa County, California, for all claims arising out of or relating to this agreement.

8. Changes: We reserve the right, in our sole discretion, to change the Terms of Use, without notice at any time by posting the new terms on the Site. Any changes will be effective immediately upon posting to the Site. Your use of the Site will constitute your agreement of the revised Terms of Use.

9. General Provisions: You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflects in the original provision.

 
Last Updated: 1 January 2009
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