Agreement Between User And Hambletonian Auto Spa
The Hambletonian Auto Spa Web Site is comprised of various Web pages operated by Template
The Hambletonian Auto Spa Web Site is offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Hambletonian Auto Spa Web Site constitutes your agreement to
all such terms, conditions, and notices.
Hambletonian Auto Spa reserves the right to change the terms, conditions, and notices under
which the Hambletonian Auto Spa Web Site is offered, including but not limited to the charges associated with the use
of the Hambletonian Auto Spa Web Site.
Links to Third Party Sites
The Hambletonian Auto Spa Web Site may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Hambletonian Auto Spa and Hambletonian Auto Spa is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Hambletonian Auto Spa is not responsible for webcasting or any other form of transmission
received from any Linked Site. Hambletonian Auto Spa is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Hambletonian Auto Spa of the site or any association with its
No Unlawful or Prohibited Use
As a condition of your use of the Hambletonian Auto Spa Web Site, you warrant to Template
Portal that you will not use the Hambletonian Auto Spa Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Hambletonian Auto Spa Web Site in any manner which could
damage, disable, overburden, or impair the Hambletonian Auto Spa Web Site or interfere with any other party's use and
enjoyment of the Hambletonian Auto Spa Web Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Hambletonian Auto Spa Web Sites.
Use of Communication Services
The Hambletonian Auto Spa Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights
of privacy of publicity) unless you own or control the rights thereto or have received all necessary
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may
damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should
know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Hambletonian Auto Spa has no obligation to monitor the Communication Services. However,
Hambletonian Auto Spa reserves the right to review materials posted to a Communication Service and to remove any
materials in its sole discretion. Hambletonian Auto Spa reserves the right to terminate your access to any or all of
the Communication Services at any time without notice for any reason whatsoever.
Hambletonian Auto Spa reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part, in Hambletonian Auto Spa's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Hambletonian Auto Spa does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Hambletonian Auto Spa specifically
disclaims any liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized Hambletonian Auto Spa spokespersons,
and their views do not necessarily reflect those of Hambletonian Auto Spa.
Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download
Materials Provided to Hambletonian Auto Spa or Posted at any
Hambletonian Auto Spa Web Site
Hambletonian Auto Spa does not claim ownership of the materials you provide to Template
Portal (including feedback and suggestions) or post, upload, input or submit to any Hambletonian Auto Spa Web Site or
its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Hambletonian Auto Spa, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. Hambletonian Auto Spa is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in Hambletonian Auto Spa's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH THE Hambletonian Auto Spa WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Hambletonian Auto Spa AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Hambletonian Auto Spa WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Hambletonian Auto Spa WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Hambletonian Auto Spa AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Hambletonian Auto Spa WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Hambletonian Auto Spa AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Hambletonian Auto Spa AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Hambletonian Auto Spa WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE Hambletonian Auto Spa WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE Hambletonian Auto Spa WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Hambletonian Auto Spa WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Hambletonian Auto Spa OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Hambletonian Auto Spa WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Hambletonian Auto Spa WEB SITE.
Hambletonian Auto Spa reserves the right, in its sole discretion, to terminate your access to
the Hambletonian Auto Spa Web Site and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, New York,
U.S.A. in all disputes arising out of or relating to the use of the Hambletonian Auto Spa Web Site. Use of the
Hambletonian Auto Spa Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and Hambletonian Auto Spa as a result of this
agreement or use of the Hambletonian Auto Spa Web Site. Hambletonian Auto Spa's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in derogation of Hambletonian Auto Spa's
right to comply with governmental, court and law enforcement requests or requirements relating to your use of
the Hambletonian Auto Spa Web Site or information provided to or gathered by Hambletonian Auto Spa with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement between the user and Hambletonian Auto Spa
with respect to the Hambletonian Auto Spa Web Site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Hambletonian Auto Spa with respect to the
Hambletonian Auto Spa Web Site. A printed version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this agreement and all related documents
be drawn up in English.
Copyright and Trademark Notices
All contents of the Hambletonian Auto Spa Web Site are: Copyright 2020 by Hambletonian Auto Spa
and/or its suppliers. All rights reserved.
Notices and Procedures for Making Claims of Copyright
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.