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These General Terms and Conditions of Use ("Terms") are entered into by and between you and Chandler Hill Partners, Inc., a Delaware corporation (Hereafter referred to as "CHP"). In consideration of your use of and access to this Internet site (the "Chandler Hill Partners"), and the promises and obligations herein, and intending to be legally bound, you and CHP hereby agree as follows:
Your access to and use of the Chandler Hill Partners is subject to these Terms, as well as any modifications to them issued by CHP and all applicable laws and regulations. BY USING THE Chandler Hill Partners, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Chandler Hill Partners.
Among other things, the Chandler Hill Partners provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Chandler Hill Partners in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Chandler Hill Partners contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms.
CHP shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Chandler Hill Partners. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Chandler Hill Partners. You are responsible for reviewing the Chandler Hill Partners periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by CHP to these Terms. ANY ACCESS OR USE OF THE Chandler Hill Partners BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than CHP shall be valid or enforceable against CHP unless expressly agreed to by CHP in a writing signed by a duly authorized officer of CHP.
3. Termination.
These Terms are effective until terminated by CHP. CHP may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Chandler Hill Partners, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
CHP shall also have the right without notice and at any time to terminate the Chandler Hill Partners or any portion thereof, or any products or services offered through the Chandler Hill Partners, or to terminate any individual's right to access or use the Chandler Hill Partners or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Chandler Hill Partners. You must be at least 18 years old to use the Chandler Hill Partners.
5. Content.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Chandler Hill Partners, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content."
The Content may contain errors, omissions, or typographical errors or may be out of date. CHP may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on CHP in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by CHP or by third parties that have licensed their use to CHP. You may view and use the Content only for your personal information, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, CHP does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Chandler Hill Partners, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by CHP, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the CHP copyright agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the CHP.com website; Your address, telephone number, facsimile number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;
A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The CHP Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
email: CopyrightAgent@CHP.com or
Attn: Copyright Agent
Legal Department
Chandler Hill Partners, Inc
1331 N Wilmot #200
Tucson, Arizona 85712
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including CHP vendors, do not constitute sponsorship, endorsement, or approval by CHP of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by CHP, and CHP is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Disclaimer and Limitation of Liability as to the Chandler Hill Partners and Content.
CHP MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Chandler Hill Partners OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. CHP ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Chandler Hill Partners OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Chandler Hill Partners OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE Chandler Hill Partners IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Chandler Hill Partners. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL CHP, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Chandler Hill Partners OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST WAGES, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF CHP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services.
We want you to be completely satisfied with your CHP services. If for any reason you are not entirely pleased with the services you received simply follow the instructions listed on your Client Satisfaction Guarantee. Consulting service contracts are generally non- refundable, any refunds determined by CHP to be appropriate will be issued in the same method as paid. No refunds will be considered without the execution of the CHP Mutual Release Agreement. A grace period of 30 to 45 business days will apply to the payment of all refunds. No refunds will be paid for services received. All refunds will be based on the percentages of fee as described in the agreement and no exceptions will be made. Violations of the confidentiality agreement will be dealt with in accordance with prevailing jurisdiction.
ALL PRODUCTS AND SERVICES SOLD BY CHP ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, CHP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, CHP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE Chandler Hill Partners (if applicable), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL CHP, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST WAGES,AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE Chandler Hill Partners, EVEN IF CHP IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHP'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification.
You agree to defend, indemnify, and hold harmless CHP, CHP's vendors, and the entities doing business as Chandler Hill Partners, their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Chandler Hill Partners services, materials or products. The foregoing indemnification obligation shall survive termination of these Terms and the Chandler Hill Partners and any product or service provided to you arising out of or relating to your use of the Chandler Hill Partners or your agreement with CHP.
11. Submissions.
Except as otherwise expressly provided herein or in the CHP PRIVACY STATEMENT posted on the Chandler Hill Partners, any communication or material you transmit to the Chandler Hill Partners by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by CHP, CHP vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, CHP, CHP vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Chandler Hill Partners for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
12. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by CHP of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
CHP shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Chandler Hill Partners shall not be construed as CHP's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Arizona. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of law provisions. Additionally, any claims brought against CHP shall be governed by and construed in accordance with the laws of the Stateof Arizona. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on CHP.com, shall be in the state or federal courts located in the State of Arizona, Pima County.
Revised July 11, 2006
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