HarperDB may, without notice to you, at any time, revise these Terms and any other information contained in this Website. HarperDB may also make improvements or changes in the products, services, or programs described in this Website at any time without notice.
HarperDB grants you a non-exclusive, non-transferable, limited license to access and display the pages within this Website as a customer or potential customer of HarperDB provided you comply with these Terms, and all copyright, trademark, and other proprietary notices remain intact. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Website). All other use of this Website is prohibited.
Except as expressly provided in these Terms, HarperDB does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. Any software and other materials that are made available for downloading, access, or other use from this Website with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
From time to time, this Website may contain technical inaccuracies or typographical errors, and HarperDB does not warrant the accuracy of any posted information. Please confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.
If any provision in these Terms is found by competent authority to be unenforceable in any respect, the validity of the remainder of these Terms will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under these Terms.
You acknowledge and agree that you are solely responsible for any material, information or ideas that you transmit to or post to or through this Website by any means (“Your Content”). You represent and warrant that: (1) you either are the sole and exclusive owner of all Your Content or have all rights, licenses, consents and releases necessary to grant HarperDB the rights to use Your Content as contemplated; and (2) neither Your Content or the use of Your Content will infringe, misappropriate or violate a third party’s privacy or intellectual property rights or any applicable law or regulation.
You also agree that you will not post, upload, publish, submit or transmit any content that: (1) infringes, misappropriates, or violates a third party’s rights; (2) is fraudulent, false, misleading or deceptive; (3) is defamatory, obscene, pornographic, or offensive; (4) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; and (5) promotes illegal or harmful activities or substances.
You agree to defend, indemnify, and hold HarperDB, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with Your Content or your violation of these Terms.
U.S. government restricted rights
HarperDB may provide the software downloaded from this Website to U.S. Government users with “RESTRICTED RIGHTS.”
This Website may provide links or references to non-HarperDB Websites and resources. HarperDB makes no representations, warranties, or other commitments or endorsements whatsoever about any non-HarperDB Websites or third-party resources that may be referenced, accessible from, or linked to this or any other HarperDB Website. In addition, HarperDB is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from HarperDB. When you access a non-HarperDB Website, even one that may contain the HarperDB-logo, please understand that it is independent from HarperDB, and that HarperDB does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. HARPERDB EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, HARPERDB MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HARPERDB BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HARPERDB IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
These Terms and any action related to them or the Website will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. Any dispute or action arising out of or relating to these Terms or the Website will be subject to binding arbitration in the city and county of Denver, Colorado in accordance with the rules of the American Arbitration Association.