The HBPW customer portal and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by HBPW, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Any links to third party websites contained in the HBPW customer portal are intended for informational purposes only. HBPW has no control over such third-party websites, makes no representations about such websites, does not endorse such websites and assumes no responsibility for any content or materials on or available from such websites.
HBPW expressly disclaims all warranties of any kind, whether express or implied, in connection with the content and services provided on or through the HBPW customer portal, including but not limited to warranties of merchantability, non-infringement and fitness for any particular purpose. The information posted on the HBPW customer portal and in emails generated from the HBPW customer portal is given as of the date hereof. While HBPW strives to keep the information on the HBPW customer portal accurate, complete, and up to date, HBPW makes no warranty as to the accuracy of this information or otherwise, and assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur. HBPW makes no warranty that the quality of the information or materials obtained by you through the HBPW customer portal will meet your expectations. Any information obtained through the use of the HBPW customer portal is done at your own risk, and you agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material.
HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns shall not be liable for any direct, indirect, special, incidental, reliance, consequential, or exemplary damages, including, but not limited to: loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as in contract, negligence or tort action, arising out of or in connection with this Agreement, your use of, or inability to use, the HBPW customer portal, or any websites linked to it, or any services or items obtained through the HBPW customer portal or such other websites.
You agree to defend, indemnify and hold harmless HBPW, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the HBPW customer portal.
You agree that all disputes between you and the HBPW (whether or not such dispute involves a third party) with regard to your relationship with the HBPW under this agreement, including without limitation disputes related to this user agreement, your use of the services, and/or rights of privacy and/or publicity, will be resolved by binding individual arbitration under the American Arbitration Association’s Rules for Arbitration of consumer related disputes that you and the HBPW hereby expressly waive trial by jury, discovery, and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and the HBPW would have in court may not be available in arbitration. As an alternative, you may bring your claim in “small claims” court for Ottawa County, if permitted by that small claim court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor the HBPW will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. You are giving up your right to participate as a class representative or class member on any class claim you may have against us, including any right to class arbitration or any consolidation of individual arbitrations.
This Agreement may be revised at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this Application. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The HBPW does not and will not assume any obligation to notify you of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement you transmit through the HBPW customer portal, including but not limited to any consent you give to receive communications from the HBPW or its agents solely through electronic transmission. You agree that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Any questions regarding this Agreement should be directed to: firstname.lastname@example.org; 616-355-1500