Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING HCC’s WEBSITES OR INTERNAL COMPUTER SYSTEMS, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
Unauthorized or unlawful use of the HCC websites and/or internal computer systems, including but not limited to unauthorized entry into HCC’s internal computer systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that HCC may disclose and transfer any information that you provide through these websites to: (i) any company within the HCC group, its affiliates, agents or information providers; or (ii) if HCC has a right or duty to disclose or are permitted or compelled to so disclose such information by law, including but not limited to the Ohio Public Records Act. Use of HCC’s websites and/or internal computer systems may be monitored, tracked and recorded. Anyone using the HCC’s websites and/or internal computer systems expressly consents to such monitoring, tracking and recording.
Intellectual Property Notice
The works of authorship contained in HCC’s websites (the “websites”) or internal computer systems, including but not limited to all design, text, data, sound recordings, on-line courses and images, are owned, except as otherwise expressly stated, by HCC. Except as otherwise expressly stated herein, these items may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without HCC’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. §107), as amended, and then, only with notices of HCC’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
Web Content and Materials
The information on HCC’s websites or internal computer systems is for information purposes only. It is believed to be reliable, but HCC does not warrant its completeness, timeliness or accuracy. The information and material contained on HCC’s websites or internal computer systems – and the terms and conditions of the access to and use of such information and materials – are subject to change without notice.
Potential Disruption of Service
Access to the HCC’s websites may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of internal computer systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of internal computer systems capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of the HCC.
Links to Other Sites
Links to non-HCC websites are provided solely as pointers to information on topics that may be useful to the websites, and HCC has no control over the content on such non-HCC websites. If you choose to link to a website not controlled by HCC, HCC makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does HCC warrant that such site or content is free from any claims or copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. HCC does not guarantee the authenticity of documents on the Internet. Links to non-HCC sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, HCC’S WEBSITES AND INTERNAL COMPUTER SYSTEMS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITES OR INTERNAL COMPUTER SYSTEMS) ARE PROVIDED “AS IS” “AS AVAILABLE.” HCC AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS. HCC AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, HCC WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS, OR FOR THE INCOMPATIBILITY BETWEEN THESE WEBSITES OR INTERNAL COMPUTER SYSTEMS AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL HCC BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND HCC’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
HCC AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, HCC AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS, ANY INCOMPATIBILITY BETWEEN THE HCC’S WEBSITES OR INTERNAL COMPUTER SYSTEMS AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND THE HCC’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING HCC’S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL HCC BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE HCC’S WEBSITES OR ANY PORTION THEREOF, REGARDLESS OF WHETHER HCC HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with HCC. The user’s access to and use of HCC websites or internal computer systems, and the terms of this disclaimer are governed by the laws of the State of Ohio.
To the extent permitted by law, you agree to indemnify and hold HCC and its employees, administrators and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against HCC arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of HCC’s websites or internal computer systems.
Electronic Transmission of Personal Information
Messages sent via electronic mail may be intercepted by third parties and are not protected by HCC. Personal e-mail should not be used to communicate sensitive account information. HCC hereby disclaims any warrantees, endorsements or representations, express or implied, related to the efficacy or protection capability of Users’ Web browsers. HCC is responsible for making reasonable efforts to fulfill only those electronic transmissions actually received via HCC’s websites. HCC may not be held accountable for any loss resulting from the delay or failure to transmit a message or application via HCC’s Websites arising from user error, malfunction of equipment, natural impediments, and/or inaccurate or incomplete information.
July 12, 2016