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Terms & Conditions

These Terms of Use were last updated on January 2, 2008

PLEASE READ CAREFULLY! BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

These terms of use (“Terms of Use”) are for the Handwriting Without Tears (“HWT”) web site located at http://www.hwtears.com (the “Web Site”). By using this Web Site, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Web Site.

1. Modifications

HWT may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Web Site. Please check these Terms of Use periodically for changes. Your continued use of this Web Site following the posting of changes to the Terms of Use constitutes acceptance of those changes.

2. Scope of Use

HWT invites you to view, use, and download portions of this Web Site for your informational, non-commercial use; provided that you leave all copyright, trademark, and other proprietary notices intact. Except as expressly described in this paragraph, you may not modify, reproduce, perform, or display (a) the content of the Web Site; (b) the design or layout of this Web Site, or individual sections of the design or layout of this Web Site; or (c) HWT trademarks, service marks or logos without HWT’s prior written permission.

3. Rules of Conduct


Certain areas of this Web Site permit you to upload, post, e-mail, or otherwise transmit content (“User Content”), or to otherwise interact with this Web Site and its participants. It is a violation of these Terms of Use for you to:
(a) use this Web Site for illegal purposes, in violation of any applicable laws or regulations, or in violation of the rules of any HWT service providers;
(b) transmit or distribute any User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information learned as part of employment relationships or under nondisclosure agreements);
(c) transmit or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity, or other proprietary right) without the express permission of the owner of such right;
(d) copy, sell, resell, or exploit for commercial purposes any portion of this Web Site, including without limitation, using any robot, spider or other automatic or manual process to monitor or copy any Web Site pages or content, except as expressly permitted by HWT;
(e) transmit or distribute any User Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(f) intentionally forge headers, manipulate identifiers, or otherwise engage in any activities intended to impersonate or hide a user’s identity or contact information;
(g) transmit or distribute any User Content that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any software, hardware or equipment;
(h) send unsolicited commercial messages or communications in any form (spam);
(i) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code or trade secrets of this Web Site or of any software provided by HWT or its licensors to use this Web Site; or
(j) assist or permit any persons in engaging in any of the activities described above.

Each user of this Web Site, including you,
(a) is responsible for the User Content that the user transmits to this Web Site, and the consequences of its use or submission;
(b) is responsible for ensuring that the User Content that the user transmits and receives through this Web Site complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use;
(c) is responsible for ensuring that all User Content the user transmits to this Web Site is accurate, truthful, up-to-date, and complete; and
(d) will abide by all security and safety measures established by HWT or its service providers.
You acknowledge that HWT does not pre-screen the User Content you submit to this Web Site, and HWT shall not be responsible for policing, monitoring, or editing such User Content. HWT shall have the right, but not the obligation, to monitor User Content and use of this Web Site to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies of HWT. HWT shall have the right, in its sole discretion, to refuse to post or to remove any User Content on this Web Site that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you.

4. License


By transmitting User Content to this Web Site, you grant HWT a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute, prepare derivative works based on, and transmit such User Content for any purpose, and you waive any and all moral rights and publicity rights in such User Content.

5. Products & Services

Display of an item on this Web Site is not a guarantee that the item is currently in stock or that it will be available on this Web Site when you visit again. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings or opinions of HWT. Any description or reference to non-HWT products or services in this Web Site is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by HWT.

6. No Warranties

THIS WEB SITE AND ALL CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE (COLLECTIVELY, THE “MATERIALS”) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT. HWT MAKES NO WARRANTY AS TO THE COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY MATERIALS AVAILABLE ON OR THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL OF THE MATERIALS BEFORE RELYING ON THEM. HWT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES.

7. Indemnification


You agree to indemnify and hold HWT and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim, action, demand, loss, or damages (including reasonable attorneys' fees) arising out of or related to your use of this Web Site, the User Content you post or transmit on this Web Site, any violation of these Terms of Use by you, or any violation of any rights of any person by you.

8. Proprietary Rights

All trademarks on this Web Site are the property of their respective owners. Unauthorized use of any HWT trademarks, service marks, or logos may be a violation of federal and state trademark laws. HWT and/or its licensors own all intellectual property rights in this Web Site. This Web Site is protected by U.S. and international copyright laws.

9. Limitation of Liability

YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. HWT SPECIFICALLY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS, EVEN IF HWT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Violations; Termination of Usage

HWT may terminate or suspend your access to all or part of this Web Site, immediately without notice, for any conduct that HWT, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of HWT or a third party. Upon termination, you must cease use of this Web Site and destroy all materials obtained from this Web Site and all copies thereof, whether made under these Terms of Use or otherwise. HWT reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use.

11. Links

This Web Site may contain links to web sites operated by other parties. The linked sites are not under the control of HWT, and HWT is not responsible for the content available on any other Internet sites linked to this Web Site. Such links do not imply HWT's endorsement of material on any other site, and HWT disclaims all liability with regard to your access to such linked sites. HWT provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Web Site is at your own risk.

Unless otherwise set forth in a written agreement between you and HWT, you must adhere to HWT’s linking policy as follows: (i) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with HWT’s names and trademarks; (ii) the link must “point” to the URL http://www.hwtears.com and not to other web pages within the Web Site (unless you receive permission from HWT to do so); (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with HWT; (iv) when selected by a user, the link must display the Web Site on full-screen and not within a “frame” on the linking web site; and (v) HWT reserves the right to revoke its consent to the link at any time and in its sole discretion.

12. Security

Submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information. You acknowledge and agree that any files or other materials obtained from or through this Web Site are not guaranteed to be free from computer viruses or other harmful defects.

13. Disclosures
HWT may preserve and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of HWT, Web Site users, or the public.

14. Governing Law


The laws of the State of Maryland shall govern these Terms of Use, without reference to its choice of law rules. This Web Site is operated by HWT from the United States of America.

15. Miscellaneous

HWT makes no representation that the information in this Web Site is appropriate or available for use in other locations, and access to this Web Site from territories where the content of this Web Site may be illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. HWT's failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of HWT's right to subsequently enforce such provision or any other provisions of these Terms of Use. These Terms of Use constitute the entire agreement between HWT and you with respect to this Web Site.

16. Questions

If you have any questions about these Terms of Use, please e-mail us at JanOlsen@hwtears.com.

© 2007 Handwriting Without Tears. All rights reserved.