General
This website (the “Site”) is owned and operated by Hiner Roofing LLC
(“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these
Terms of Service and to use the Site in accordance with these Terms of Service,
our Privacy Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available through the
Site or from COMPANY. Accessing the Site, in any manner, whether automated
or otherwise, constitutes use of the Site and your agreement to be bound by
these Terms of Service.
We reserve the right to change these Terms of Service or to impose new
conditions on use of the Site, from time to time, in which case we will post the
revised Terms of Service on this website. By continuing to use the Site after we
post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You
This Site and all the materials available on the Site are the property of us
and/or our affiliates or licensors, and are protected by copyright, trademark,
and other intellectual property laws. The Site is provided solely for your
personal noncommercial use. You may not use the Site or the materials
available on the Site in a manner that constitutes an infringement of our
rights or that has not been authorized by us. More specifically, unless explicitly
authorized in these Terms of Service or by the owner of the materials, you may
not modify, copy, reproduce, republish, upload, post, transmit, translate, sell,
create derivative works, exploit, or distribute in any manner or medium
(including by email or other electronic means) any material from the Site. You
may, however, from time to time, download and/or print one copy of individual
pages of the Site for your personal, non-commercial use, provided that you
keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including, without limitation,
comments, blog entries, Facebook postings, photos and videos) to us via the
Site, internet groups, social media venues, or to any of our staff via email, text
or otherwise, you are representing: (i) that you are the owner of the material,
or are making your posting or submission with the express consent of the
owner of the material; and (ii) that you are thirteen years of age or older. In
addition, when you submit, email, text or deliver or post any material, you are
granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit,
sell, exploit, create derivative works from, distribute, and/or publicly perform or
display such material, in whole or in part, in any manner or medium, now
known or hereafter developed, for any purpose. The foregoing grant shall
include the right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction. Also, in connection
with the exercise of such rights, you grant us, and anyone authorized by us,
the right to identify you as the author of any of your postings or submissions
by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you
for us shall be deemed a “work made for hire” when the work performed is
within the scope of the definition of a work made for hire in Section 101 of the
United States Copyright Law, as amended. As such, the copyrights in those
works shall belong to COMPANY from their creation. Thus, COMPANY shall be
deemed the author and exclusive owner thereof and shall have the right to
exploit any or all of the results and proceeds in any and all media, now known
or hereafter devised, throughout the universe, in perpetuity, in all languages,
as COMPANY determines. In the event that any of the results and proceeds of
your submissions hereunder are not deemed a “work made for hire” under
Section 101 of the Copyright Act, as amended, you hereby, without additional
compensation, irrevocably assign, convey and transfer to COMPANY all
proprietary rights, including without limitation, all copyrights and trademarks
throughout the universe, in perpetuity in every medium, whether now known
or hereafter devised, to such material and any and all right, title and interest in
and to all such proprietary rights in every medium, whether now known or
hereafter devised, throughout the universe, in perpetuity. Any posted material
which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the obligation to use
and display any postings or contributions of any kind and that COMPANY may
elect to cease the use and display of any such materials (or any portion
thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the
Site so long as the link does not state or imply any sponsorship of your site by
us or by the Site. However, you may not, without our prior written permission,
frame or inline link any of the content of the Site, or incorporate into another
website or other service any of our material, content or intellectual property.
Disclaimers
Throughout the Site, we may provide links and pointers to Internet sites
maintained by third parties. Our linking to such third-party sites does not
imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, neither we nor
affiliates operate or control in any respect any information, products or
services that third parties may provide on or through the Site or on websites
linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including
information providers, are those of the respective authors or distributors, and
not COMPANY. Neither COMPANY nor any third-party provider of information
guarantees the accuracy, completeness, or usefulness of any content.
Furthermore, COMPANY neither endorses nor is responsible for the accuracy
and reliability of any opinion, advice, or statement made on any of the Sites by
anyone other than an authorized COMPANY representative while acting in
his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED
“AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE
SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE,
INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless COMPANY its
affiliates, their successors, transferees, assignees and licensees and their
respective parent and subsidiary companies, agents, associates, officers,
directors, shareholders and employees of each from and against any and all
claims, causes of action, damages, liabilities, costs and expenses, including
legal fees and expenses, arising out of or related to your breach of any
obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow you to purchase many different types of
products and services online that are provided by third parties. We are not
responsible for the quality, accuracy, timeliness, reliability or any other aspect
of these products and services. If you make a purchase from a merchant on
the Site or on a site linked to by the Site, the information obtained during your
visit to that merchant’s online store or site, and the information that you give
as part of the transaction, such as your credit card number and contact
information, may be collected by both the merchant and us. A merchant may
have privacy and data collection practices that are different from ours. We
have no responsibility or liability for these independent policies. In addition,
when you purchase products or services on or through the Site, you may be
subject to additional terms and conditions that specifically apply to your
purchase or use of such products or services. For more information regarding
a merchant, its online store, its privacy policies, and/or any additional terms
and conditions that may apply, visit that merchant’s website and click on its
information links or contact the merchant directly. You release us and our
affiliates from any damages that you incur, and agree not to assert any claims
against us or them, arising from your purchase or use of any products or
services made available by third parties through the Site.
Your participation, correspondence or business dealings with any third party
found on or through our Site, regarding payment and delivery of specific
goods and services, and any other terms, conditions, representations or
warranties associated with such dealings, are solely between you and such
third party. You agree that COMPANY shall not be responsible or liable for any
loss, damage, or other matters of any sort incurred as the result of such
dealings.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Site. You agree to use the Site and
to purchase services or products through the Site for legitimate,
non-commercial purposes only. You also agree not to make any purchases for
speculative, false or fraudulent purposes or for the purpose of anticipating
demand for a particular product or service. You agree to only purchase goods
or services for yourself or for another person for whom you are legally
permitted to do so. When making a purchase for a third party that requires
you to submit the third party’s personal information to us or a merchant, you
represent that you have obtained the express consent of such third party to
provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted
and will be considered unauthorized, an infringing use of our copyrighted
material, and may subject violators to liability.
If payment for a course is declined, our system will automatically disable
access to our premium materials. (We understand. This usually happens
because a credit card expires.) We want to help restore your access, so we’ll
make every attempt to contact you to help resolve this issue. Once the billing
issue is resolved, we’ll restore access.
Interactive Features
This Site may include a variety of features, such as bulletin boards, web logs,
chat rooms, and email services, which allow feedback to us and real-time
interaction between users, and other features which allow users to
communicate with others. Responsibility for what is posted on bulletin boards,
web logs, chat rooms, and other public posting areas on the Site, or sent via
any email services on the Site, lies with each user – you alone are responsible
for the material you post or send. We do not control the messages,
information or files that you or others may provide through the Site. It is a
condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity. - Interfere with or disrupt any servers or networks used to provide the Site or
its features, or disobey any requirements, procedures, policies or regulations of
the networks we use to provide the Site. - Use the Site to instigate or encourage others to commit illegal activities or
cause injury or property damage to any person. - Gain unauthorized access to the Site, or any account, computer system, or
network connected to this Site, by means such as hacking, password mining or other illicit means. - Obtain or attempt to obtain any materials or information through any
means not intentionally made available through this Site. - Use the Site to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information of
any kind, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any local, state, national or international law. - Use the Site to post or transmit any information, software or other material
that violates or infringes upon the rights of others, including material that is
an invasion of privacy or publicity rights or that is protected by copyright,
trademark or other proprietary right, or derivative works with respect thereto,
without first obtaining permission from the owner or rights holder. - Use the Site to post or transmit any information, software or other material
that contains a virus or other harmful component. - Use the Site to post, transmit or in any way exploit any information, software
or other material for commercial purposes, or that contains advertising. - Use the Site to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without our express written
approval. - Gather for marketing purposes any email addresses or other personal
information that has been posted by other users of the Site.
COMPANY may host message boards, chats and other public forums on its
Sites. Any user failing to comply with the terms and conditions of this
Agreement may be expelled from and refused continued access to, the
message boards, chats or other public forums in the future.
COMPANY or its designated agents may remove or alter any user-created content at any time
for any reason. Message boards, chats and other public forums are intended to
serve as discussion centers for users and subscribers. Information and content
posted within these public forums may be provided by COMPANY staff,
COMPANY’s outside contributors, or by users not connected with COMPANY,
some of whom may employ anonymous user names. COMPANY expressly
disclaims all responsibility and endorsement and makes no representation as
to the validity of any opinion, advice, information or statement made or
displayed in these forums by third parties, nor are we responsible for any
errors or omissions in such postings, or for hyperlinks embedded in any
messages. Under no circumstances will we, our affiliates, suppliers or agents
be liable for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed in these forums are
solely the opinions of the participants, and do not reflect the opinions of
COMPANY or any of its subsidiaries or affiliates.
COMPANY has no obligation whatsoever to monitor any of the content or
postings on the message boards, chat rooms or other public forums on the
Sites. However, you acknowledge and agree that we have the absolute right to
monitor the same at our sole discretion. In addition, we reserve the right to
alter, edit, refuse to post or remove any postings or content, in whole or in
part, for any reason and to disclose such materials and the circumstances
surrounding their transmission to any third party in order to satisfy any
applicable law, regulation, legal process or governmental request and to
protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our
programs. We want every single member to add value to the group. Our goal
is to make your community the most valuable community you’re a member
of. Therefore, we reserve the right to remove anyone at any time.
We rarely do this, but we want to let you know how seriously we take our communities.
Registration
To access certain features of the Site, we may ask you to provide certain
demographic information including your gender, year of birth, zip code and
country. In addition, if you elect to sign-up for a particular feature of the Site,
such as chat rooms, web logs, or bulletin boards, you may also be asked to
register with us on the form provided and such registration may require you to
provide personally identifiable information such as your name and email
address. You agree to provide true, accurate, current and complete
information about yourself as prompted by the Site’s registration form. If we
have reasonable grounds to suspect that such information is untrue,
inaccurate, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any portion
thereof). Our use of any personally identifiable information you provide to us
as part of the registration process is governed by the terms of our Privacy
Policy.
Passwords
To use certain features of the Site, you will need a username and password,
which you will receive through the Site’s registration process. You are
responsible for maintaining the confidentiality of the password and account,
and are responsible for all activities (whether by you or by others) that occur
under your password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of security,
and to ensure that you exit from your account at the end of each session.
We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS,
COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE
THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR
SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE
DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON
THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE
PRODUCTS, SERVICES AND/OR MATERIALS
COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN
INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL
ADVICE OR ACT AS A FINANCIAL ADVISOR.
WE EXIST FOR EDUCATIONAL PURPOSES ONLY, AND THE MATERIALS AND
INFORMATION CONTAINED HEREIN AND IN OUR PRODUCTS AND SERVICES
ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY. NONE OF THE
INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX,
ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN
OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR
SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND. OUR INFORMATION
SHOULD NOT BE RELIED UPON FOR PURPOSES OF TRANSACTING IN
SECURITIES OR OTHER INVESTMENTS.
WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND
YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL
PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES
NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU acknowledge and agrees that no representation has been made by
COMPANY OR ITS AFFILIATES and relied upon as to the future income,
expenses, sales volume or potential profitability that may be derived from the
participation in THIS PROGRAM.
Termination
We may cancel or terminate your right to use the Site or any part of the Site at
any time without notice. In the event of cancellation or termination, you are
no longer authorized to access the part of the Site affected by such
cancellation or termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and limitations of
liabilities set forth in these Terms of Service, shall survive.
Refund Policy
Your purchase of a product or service or ticket to an event may or may not
provide for any refund. Each specific product, service, event or course will
specify its own refund policy.
Other
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 the U.S. copyright law. If you believe in good faith
that materials hosted by COMPANY infringe your copyright, you, or your agent
may send to COMPANY a notice requesting that the material be removed or
access to it be blocked. Any notification by a copyright owner or a person
authorized to act on its behalf that fails to comply with requirements of the
DMCA shall not be considered sufficient notice and shall not be deemed to
confer upon COMPANY actual knowledge of facts or circumstances from
which infringing material or acts are evident. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the
DMCA permits you to send to COMPANY a counter-notice. All notices and
counter notices must meet the then current statutory requirements imposed
by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s
Copyright Agent for notice of claims of copyright infringement or counter
notices can be reached as follows: okc@hinerroofing.com
This Agreement shall be binding upon and inure to the benefit of COMPANY
and our respective assigns, successors, heirs, and legal representatives.
Neither this Agreement nor any rights hereunder may be assigned without
the prior written consent of COMPANY. Notwithstanding the foregoing, all
rights and obligations under this Agreement may be freely assigned by
COMPANY to any affiliated entity or any of its wholly owned subsidiaries
These Terms of Use shall be governed by and construed in accordance with
the laws of the State of US and any dispute shall be subject to binding
arbitration in NY, US. If any provision of this agreement shall be unlawful, void
or for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
Disclaimer
Although it is highly unlikely, This policy may be changed at any time at our
discretion. If we should update this policy, we will post the updates to this
page on our Website.
If you have any questions or concerns regarding our privacy policy please
direct them to: okc@hinerroofing.com