By accessing and browsing the BLiNK blog (the "Site"), you accept, without limitation or qualification, the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
Terms and Conditions
2. Disclaimer. Any and all posts, opinions and views expressed by the bloggers on the Site are those of the bloggers only and do not represent the views or opinions of HDR.
3. Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by HDR, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by HDR unless otherwise noted and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of HDR.
All trademarks, trade names, logos, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of HDR unless otherwise stated herein. HDR expressly reserves all intellectual property rights in all Content on the Site. No license is granted to you in connection with such Content contained on the Site.
4. User Conduct. HDR maintains the Site for your personal entertainment, information, education, and communication only and grants you permission to use the Site and to download Content, but only for noncommercial, personal use; provided, however, that you preserve all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of HDR, and that you do not download or use any images of people or places ("Images") displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of HDR. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities on the Site:
- Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of HDR;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the Site to advertise or perform any commercial solicitation.
To the extent you post any message, image or content on the Site, HDR reserves the right to delete, modify or remove any published posts from the Site at any time without prior notice to you.
In order to identify usage trends and evaluate our site(s), HDR, Inc. collects information provided by our servers and user surveys. This information is compiled and analyzed on an aggregate basis and is used only by HDR, Inc. Specifically, this information may include your IP address, host name, pages you visit on our site, certain browser information and the referring URL. In addition, our server logs give us the capacity to determine which host names or host addresses received and responded to our surveys.
Our site(s) may include links to other sites, however HDR, Inc. is not responsible for the privacy practices or content of such sites.
HDR, Inc. operates secure data networks protected by industry standard firewall and password protection systems. Only authorized employees have access to the information you provide.
6. Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of HDR. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by HDR of any products, services, advice or information available from such sites. HDR does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release HDR and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same.
7. EXCLUSION OF LIABILITY. NEITHER HDR NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY HDR SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. HDR DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT THROUGH THE SITE.
HDR IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, HDR IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. HDR'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
8. DISCLAIMER. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND HDR DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
10. Content Submitted by Users. Any communication or material you transmit to HDR at the Site by electronic mail or otherwise, including any data, posts, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by HDR or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, HDR is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services that use or incorporate such information.
11. Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from HDR on this Site and other than generally available third party web browsers (e.g., Firefox, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. HDR may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
12. General Terms. This Legal Policy constitutes the entire agreement between you and HDR and governs your use of the Site. The failure of HDR to exercise or enforce any right or provision of this Legal Policy shall not constitute a wavier of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action or action arose or be forever barred.