Terms and Conditions of Website Use

WEBSITE OWNERSHIP

This website (located at https://hthcomm.com/) (the “Website”) is owned by HTH Communications, LLC, a Texas limited liability company (“HTH”). HTH owns or has licenses to use all information contained in this Website, including site design, text, and graphics, in whatever form the information exists or is presented (“Content”). By using this Website, you do not obtain any ownership or other rights to or in any Content or other information contained on or accessible through this Website.

USER AGREEMENT

By using this Website, you are agreeing to these terms and conditions of website use (“Terms and Conditions”). HTH may amend these Terms and Conditions at any time without prior notice to you. Amended Terms and Conditions shall automatically be effective immediately after they are posted on this Website. Consequently, you should review these Terms and Conditions each time that you visit this Website. If you at any time disagree with these Terms and Conditions, your sole remedy is to discontinue your use of this Website.

HTH COPYRIGHT AND TRADEMARKS

The trademarks, trade names and all other Content on this Website, and all intellectual property rights thereto are the sole and exclusive property of HTH or its licensors. Subject to these Terms and Conditions, HTH hereby grants to you a non-exclusive, limited, non-transferable, and revocable license to view, print, and download Content from this Website solely for the commercial purpose of enabling you to purchase products and services offered by HTH, whether through this Website or by other means. Except as expressly permitted by these Terms and Conditions, you agree not to reproduce, republish, duplicate, copy, sell, resell, or exploit any Content on this Website without express written permission by HTH.

DISCLAIMERS

THIS WEBSITE IS OFFERED BY HTH ON AN “AS IS, WHERE IS” BASIS.

THE CONTENT OR OTHER MATERIALS PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR OTHER MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. HTH MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO THIS WEBSITE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, ACCESSIBILITY, OR SECURITY OF THIS WEBSITE, AND THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

HTH DOES NOT WARRANT THAT THIS WEBSITE OR THE FUNCTIONS, FEATURES, OR CONTENT ON THIS WEBSITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED OR SECURE, OR WILL OPERATE WITHOUT ERROR.

You agree that your use of, or inability to use, this Website is at your sole risk.

LIMITATION OF HTH’S LIABILITY

The limitations on HTH’s liability contained in this section will apply even if your loss or damage is caused or contributed to, in whole or in part, by the sole or concurrent negligence, gross negligence, strict liability, statutory or regulatory liability, or statutory or regulatory strict liability of HTH or any of its managers, officers, employees, affiliates, agents, or contractors.

IN NO EVENT SHALL HTH BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF THIS WEBSITE OR THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF HTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE FOREGOING, HTH SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE (ON WHATEVER BASIS) THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS OR YOUR USE OF THIS WEBSITE, THE LIABILITY OF HTH TO YOU OR ANY THIRD PARTY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, US$1,000.

ONLY LAWFUL USE PERMITTED

You agree that you will not use this Website for any purpose that is unlawful or otherwise inconsistent with or prohibited by these Terms and Conditions. This Website is for the use only of legally competent adults wishing to engage in commercial transactions. You represent and warrant that you are at least 18 years old and have the legal capacity and authority to agree to these Terms and Conditions.

PROHIBITED USES

In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using this Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or provincial statutes, regulations, rules, laws, or ordinances; (d) to infringe upon or violate HTH’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate others; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. HTH reserve the right, in its sole discretion and without prior notice, to terminate your use of this Website for violating any of these prohibited uses.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless HTH, its subsidiaries, owners, members, and affiliates, and their respective officers, directors, managers, employees, agents and third party suppliers (collectively, the “HTH Group”), from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), brought by or on behalf of any third party against any of the HTH Group that arises out of or in connection with any breach or violation by you of these Terms and Conditions.

ELECTRONIC COMMUNICATIONS AND AGREEMENTS

You consent to receive communications, including emails, from us electronically. You also consent to the electronic formation of contracts and agreements between you and us. You agree that all contracts, agreements, notices, disclosures, and other communications that HTH provides to or forms with you electronically satisfy any legal requirement that such contracts, agreements, notices, disclosures, and communications be in writing, or that any signature to any contract or agreement be in writing.

APPLICABLE LAW AND VENUE; WAIVER OF JURY TRIAL

This Website is controlled by HTH from its offices within the State of Texas, United States of America. The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of Texas, without regard to any conflict of law provisions.

The exclusive venue and jurisdiction for any dispute arising between you and HTH shall be in the state and federal courts located in, or having jurisdiction over, Harris County, Texas. You irrevocably consent to the jurisdiction of the state and federal courts located in, or having jurisdiction over, Harris County, Texas for any dispute that may arise between the parties. You hereby knowingly and intentionally waive the right to a jury trial on any issue or dispute that may arise between the parties.

MISCELLANEOUS

a. These Terms and Conditions, along with the Privacy Policy, which is posted on this Website, constitute the entire and only agreement between HTH and you concerning your use of this Website, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of this Website. Any rights not expressly granted by these Terms and Conditions or the Privacy Policy are reserved by HTH. Separate Terms and Conditions of Sale will apply to your purchase of products offered on or through this Website and may be obtained at https://hthcomm.com/terms-and-conditions-of-sale. Your purchase of services will be governed by a separate agreement between you and HTH.

b. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then such provision shall be struck, and the remaining provisions shall be fully enforceable.

c. HTH’s failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision or any other provision.

d. The headings in these Terms and Conditions are for convenience only and shall not be taken into consideration in the interpretation of these Terms and Conditions.

e. If HTH has to sue you to enforce any of your obligations under these Terms and Conditions or in relation to your use of this Website, in addition to all other relief to which HTH is entitled, HTH will also be entitled to recover its attorneys’ fees and expenses.

CONTACT INFORMATION

Questions about this Website should be sent to HTH at support@hthcomm.com.

Copyright 2020 HTH Communications, LLC. All Rights Reserved.