TERMS & CONDITIONS
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.
PLEASE CAREFULLY REVIEW THE NO CANCELLATION POLICY BEFORE YOU FINALIZE YOUR PURCHASE
If you agree to be bound by the terms of this Agreement, you should check the box indicating your agreement to the terms of this Agreement on the registration page for the Service. If you do not agree to be bound by the terms of this Agreement, you should not check the box but you will not be able to proceed with the registration process for the respective Service and become a subscriber.
Changes to Subscriber Agreement
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). The changes also will appear in this document, which you can access at any time by going to the Subscriber Terms & Conditions link made available through a website link. By using a Service after changes are made to this Agreement you signify that you agree to be bound by such changes.
Fees and Payments
For subscriptions paid by credit card, we will bill all charges automatically to your credit card. THE TERM OF SUBSCRIPTION IS NON-REFUNDABLE AND NON-CANCELLABLE. Subscription fees will be billed at the beginning of your subscription and any renewal period. We may cancel your subscription for any reason at any time upon notice to you.
TERM: CANCELLATION AND RENEWAL
THIS AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SERVICES. UNLESS YOU HAVE PAID BY CHECK OR BANK DIRECT DEPOSIT (INSTITUTIONS), YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY UNTIL IT IS CANCELLED IN ACCORDANCE WITH THIS SECTION. FOR ANNUAL SUBSCRIPTIONS, WE WILL NOTIFY YOU OF THE PENDING RENEWAL OF YOUR SUBSCRIPTION AT LEAST 30 DAYS PRIOR TO THE DATE YOUR SUBSCRIPTION RENEWS, EXCEPT AS OTHERWISE REQUIRED BY LAW. FOR ALL SUBSCRIPTIONS, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BILLING OF SUBSCRIPTION FEES FOR THE RENEWAL TERM TO YOUR CREDIT CARD.
YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE PRIOR TO ANY RENEWAL TERM OR BY CONTACTING CUSTOMER SERVICE IN WRITING THROUGH THE HFOBSERVER WEBSITE.
License to use website
Unless otherwise stated, HFObserver.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You may not republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website except for content specifically and expressly made available for redistribution.
Limitations on Use
Only paid subscriber may access our site using subscriber's user name or password. Sharing username or password information is prohibited.
As a general rule, you may not use the Content in any commercial product or service, without our express written consent.
You may not conduct any systematic or automated data collection activities on or in relation to this website without our express written consent.
You may not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations and treaties.
We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
Agreement to Arbitrate
The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court, any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of New York in the State of New York. For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. You agree that by entering into this Agreement, you and we are each waiving the right to trial by jury, except as otherwise stated above. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision are for the court to decide. As stated in Section 15 below, New York law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This agreement to arbitrate shall survive termination of this Agreement. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone, without our written consent. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between us, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York. Our failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement.
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