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The Haig Consulting Web Site (the "Service") is an online
information and communications service provided by Haig Consulting,
Inc. ("Haig Consulting"), subject to your compliance with
the terms and conditions set forth below including, all exhibits
hereto. "Haig Consulting" and the "Haig Consulting" design are registered
trademarks of Haig Consulting in the United States and other
countries. Other marks which appear on this Web site may be
marks of third parties that are not affiliated with Haig Consulting.
Haig Consulting and its affiliates do not control or endorse
the content of third party Web sites.
Please read this Agreement carefully before accessing or using the
Service. By accessing or using the Service, you agree to be bound by the terms
and conditions set forth below. If you do not wish to be bound by these terms
and conditions, you may not access or use the Service. If you utilize the
Service in a manner inconsistent with these terms and conditions, Haig Consulting may
terminate your access, block your future access and/or seek such additional
relief as the circumstances of your misuse indicate is proper. Haig Consulting may
modify this Agreement at any time, and such modifications shall be effective
immediately upon posting of the modified Agreement. You agree to review the
Agreement periodically to be aware of such modifications and your continued
access or use of the Service shall be deemed your conclusive acceptance of the
modified Agreement.
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Operating Policies. You agree to comply with the Operating
Policies set forth in Exhibit A (as they may be
amended by Haig Consulting from time to time), which are the rules that govern your
activity in connection with the Service. Haig Consulting has the right but not the
obligation to remove any communications and materials that Haig Consulting believes in
its sole discretion violate the Operating Policies.
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Copyright, Licenses and Idea Submissions. The entire
contents of the Service are copyrighted under the United States copyright laws.
The owner of the copyright is Haig Consulting. You may print and download portions of
material from the different areas of the Service solely for your own
non-commercial use. You may make: (a) one machine readable copy, (b) one backup
copy, and (c) one print copy of any portions of material downloaded from the
different areas of the Service solely for your non-commercial use. Any other
copying, redistribution, retransmission or publication of any downloaded
material, is strictly prohibited without the express written consent of
Haig Consulting or any third party information provider to the Service. You agree not
to change or delete any proprietary notices from materials downloaded from the
Service. You agree to grant to Haig Consulting a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you submit
to public areas of the Service (such as bulletin boards, forums and newsgroups)
by all means and in any media now known or hereafter developed. You also grant
to Haig Consulting the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against Haig Consulting for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to us.
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Use of the Service. You understand that, except for
information, products or services clearly identified as being supplied by
Haig Consulting, Haig Consulting does not operate, control or endorse any information,
products or services on the Internet in any way. Except for Haig Consulting-identified
information, products or services, all information, products and services
offered through the Service or on the Internet generally are offered by third
parties that are not affiliated with Haig Consulting. You also understand that
Haig Consulting cannot and does not guarantee or warrant that files available for
downloading through the Service will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Service for the
reconstruction of any lost data. You assume total responsibility and
risk for your use of the Service and the Internet. Haig Consulting does not make any
express or implied warranties, representations or endorsements whatsoever
(including without limitation warranties of title or noninfringement, or the
implied warranties of merchantability or fitness for a particular purpose) with
regard to the Service, any merchandise, information or service provided through
the Service or on the Internet generally, and Haig Consulting shall not be liable for
any cost or damage arising either directly or indirectly from any such
transaction. It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the Service or on the Internet generally.
Haig Consulting does not warrant that the Service will be uninterrupted or error-free
or that defects in the Service will be corrected. The Service and any software
made available on the Service are provided on an "as is, as available"
basis.
You understand further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to you. You access such
materials at your risk. Haig Consulting has no control over and accepts no
responsibility whatsoever for such materials.
In no event will Haig Consulting be liable for (I) any incidental,
consequential, or indirect damages (including, but not limited to, damages for
loss of profits, business interruption, loss of programs or information, and
the like) arising out of the use of or inability to use the Service, or any
information, or transactions provided on the Service or downloaded or
hyperlinked from the Service, even if Haig Consulting or its authorized
representatives have been advised of the possibility of such damages, or (II)
any claim attributable to errors, omissions, or other inaccuracies in the
Service and/or materials or information downloaded through, or hyperlinked
from, the Service. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, the above limitation may
not apply to you. In such states, Haig Consulting's liability is limited to the
greatest extent permitted by law.
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Indemnification. You agree to indemnify, defend and hold
harmless Haig Consulting, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement by you.
Third Party Rights. The provisions of paragraphs 3 (Use of
the Service), and 4 (Indemnification) are for the benefit of Haig Consulting and its
officers, directors, employees, agents, licensors, suppliers, and any third
party information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions directly
against you on its own behalf.
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Term; Termination. This Agreement may be terminated by
either party without notice at any time for any reason; provided that you may
no longer use the Service after you have terminated this Agreement. The
provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use
of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7
(Miscellaneous) shall survive any termination of this Agreement.
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Miscellaneous. This Agreement shall
all be governed and construed in accordance with the laws
of the State of South Carolina applicable to agreements
made and to be performed in South Carolina. You agree that any
legal action or proceeding between Haig Consulting and
you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in
a federal or state court of competent jurisdiction sitting
in South Carolina. Any cause of action or claim you may have
with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or
such claim or cause of action is barred. Haig Consulting's
failure to insist upon or enforce strict performance of
any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall
act to modify any provision of this Agreement. Haig Consulting
may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Exhibit A
Operating Policies
Your participation in on-line communications occurs in real time and is not
edited, censored, or otherwise controlled by Haig Consulting. Haig Consulting cannot and does
not screen content provided by users of the Service. Notwithstanding the
foregoing, Haig Consulting reserves the right to monitor content on the Service and to
remove content which Haig Consulting, in its sole discretion, determines to be
harmful, offensive, or otherwise in violation of these Operating Policies. In
order to maintain an informative and valuable service that meets the needs of
the users of the Service and avoids the harm that can result from disseminating
statements that are false, malicious, violate the rights of others, or
otherwise harmful, it is necessary to establish the following rules to protect
against abuse:
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Unless you are participating in an area of the Service
that requires or encourages anonymity, use your real name
in online communications.
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You may not post or transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning any person. You may not
post or transmit any message, data, image or program which is indecent, obscene
or pornographic.
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You may not post or transmit any message, data, image or program that would
violate the property rights of others, including unauthorized copyrighted text,
images or programs, trade secrets or other confidential proprietary
information, and trademarks or service marks used in an infringing fashion.
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You may not interfere with other users use of the Service.
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You may not use any robot, spider, or other automatic device or process to
monitor or copy our web pages or any portion of the content contained herein
without our express written permission.
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You may not post or transmit any file which contains viruses, worms,
"Trojan horses" or any other contaminating or destructive features.
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You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage you from
taking controversial positions or expressing vigorously what may be unpopular
views; however, Haig Consulting reserves the right to take such action as it deems
appropriate in cases where the Service is used to disseminate statements which
are deeply and widely offensive and/or harmful.
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You may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may not post or
transmit any advertising, promotional materials or any other solicitation of
other users of the Service for goods or services except in those areas (e.g., a
classified bulletin board) that are designated for such purpose.
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You may not post or list articles which are off-topic according
to the description of the group or list or send unsolicited
mass e-mail to 10 people or more if such e-mail could reasonably
be expected to provoke complaints from its recipients.
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You may not use the facilities and capabilities of the Service to conduct
any activity or solicit the performance of any illegal activity or other
activity which infringes the rights of others.
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