You acknowledge and agree that HBP is authorized to act on instructions received through use of your Password, and that HBP may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
You understand that all postings and content submitted to the Site by users ("User Materials"), whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not HBP, are entirely responsible for all User Materials that you upload, post, share, e-mail, transmit, or otherwise make available via the Site. Under no circumstances will HBP be liable in any way for any User Materials uploaded, posted, shared, e-mailed, transmitted or otherwise made available via the Site.
You acknowledge that HBP may or may not pre-screen User Materials, but that HBP and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Site. Without limiting the foregoing, HBP and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable at HBPâ€™ sole and absolute discretion. You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Site.
With respect to User Materials you directly submit or make available on the Site, you grant HBP an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms or your use of services or information offered by HBP ("Dispute"), any Dispute relating in any way to your use of or access to any of the Site shall be submitted to confidential arbitration in Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate HBPâ€™s intellectual property rights, HBP may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute under this Agreement shall be joined to a dispute involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms. The failure of HBP to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesâ€™ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Survivorship. You agree that any of your registered accounts on any of the Site are non-transferable and any rights to your user ID or account contents terminate upon your death.
Section Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Privacy Statement and
Terms and Conditions
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