Here it is. Talk about a lot of text! Can you tell it was written by our attorney? Please read it all as it is important.
TERMS OF USE
PLEASE READ THE TERMS OF USE, THE RULES AND THE PRIVACY POLICY THAT FOLLOW. SINCE THIS SITE IS A VERY INTERACTIVE SITE, WITH DYNAMIC DISCUSSIONS AND FORUMS, WE DO ASK THAT YOU READ AND UNDERSTAND ALL OF THESE DOCUMENTS. BY CLICKING BELOW, YOU ASSENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE, INCLUDING THE RULES, AND THE PRIVACY POLICY.
This site is owned and operated by Torque Interactive, LLC (referred to as h2fanatic.com, "we", "us", or "our"). By using the h2fanatic.com site, you assent to The Terms and Conditions of Use, the Privacy Policy, and the Rules for Forums and postings. You may only use this site, h2fanatic.com, if you are over the age of 13. If you are not over 13, please do not use this site. If you do not agree to the terms outlined in this Agreement, please do not use the site.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. You agree to check these terms periodically for changes. Your continued use of the Web Site following the posting of changes to these terms (including the Web Site Privacy Policy and The Rules) will mean you accept those changes. You represent and warrant to h2fanatic.com that you will fully comply with the Terms and Conditions of Use.
The Privacy Policy outlines our policy to respect the privacy of users. The Rules outline more specific guidelines for members to follow in the use of this web site, particularly when using the forums for discussions..
We want to promote a clean, healthy, respectful atmosphere where people are not afraid to ask questions, participate in this community and generally have a good time discussing the things we love most - SSRs.
Restrictions on Use. You shall use the web site for lawful purposes only. You shall not post or transmit through the site any material that (i) violates or infringes in any way upon the rights of others, (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law. You are prohibited from using this site to facilitate mail abuse or spam. h2fanatic.com reserves the right to refuse service to users.
Forums. h2fanaticm.com is designed to facilitate discussions about SSRs and to build a community around those interested in SSRs. As such, we provide a variety of forums that allow for posting and threaded discussions by our users. We ask that you abide by the Privacy Policy and Rules of the forums. Any posts or threads that break these Rules may be deleted or edited at any time at the discretion of h2fanatic. There is no guarantee that any posts or threads will be deleted or edited even if rules are broken. Our moderators volunteer their time and the volume of posts at h2fanatic.com does not allow for review of all messages or action on all emails sent to us reporting messages that violate the rules. h2fanatic.com does not control, endorse warrant or guarantee any content provided by users.
Linking Sites. LINKS IN THIS WEB SITE MAY LET THE USER LEAVE h2fanatic.COM'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF h2fanatic.COM, AND h2fanatic.COM IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITES LINKED TO THE WEB SITE. h2fanatic.COM IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITES LINKED TO THIS WEB SITE IS AT THE USER'S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY h2fanatic.COM OF THE LINKED SITE. PLEASE REFER TO THEIR TERMS OF USE AND PRIVACY POLICY.
Disclaimer of Warranties, THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, h2fanatic.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. h2fanatic.COM DOES NOT WARRANT THAT THE WEB SITE, COMPUTER SYSTEMS OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT h2fanatic.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
FURTHERMORE, h2fanatic.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, CONTENT OR SERVICES ADVERTISED EITHER BY h2fanatic.COM'S ADVERTISING PARTNERS OR POSTED ON THE WEB SITE. AS A SERVICE TO OUR USERS, WE PROVIDE ACCESS TO THIRD PARTY VENDORS, DEALERS AND MERCHANTS. WE ASK THAT YOU REVIEW THE TERMS OF USE, PRIVACY POLICY AND RETURN POLICY OF ALL THIRD PARTY SITES. YOU AGREE THAT NEITHER h2fanatic.COM, NOR ITS AFFILIATED OR RELATED ENTITIES, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
h2fanatic.COM DOES NOT ACTIVELY MONITOR THE CONTENTS OF ALL POSTED MESSAGES AND IS NOT RESPONSIBLE FOR ANY MESSAGE POSTED. h2fanatic DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MESSAGE, AND THE AUTHOR, NOT h2fanatic, IS SOLELY RESPONSIBLE FOR THE CONTENTS OF ANY MESSAGE. THE AUTHOR AGREES TO INDEMNIFY AND HOLD HARMLESS h2fanatic.COM, AFFILIATED PARTIES, PARTNERS, AND THEIR AGENTS WITH RESPECT TO ANY CLAIM.
Limitation of Liability. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE. THE ENTIRE LIABILITY OF h2fanatic.COM, ITS OFFICERS, CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXLUSIONS AND DISCLAIMERS SHALL APLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Intellectual Property and Copyright Infringement Notice. This site is controlled and operated by Torque Interactive, LLC. Materials on this site, other than those clearly noted as submissions by users, including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials
(collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by h2fanatic.com or owned by other parties who have licensed their intellectual property to h2fanatic.com, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. h2fanatic.com authorizes you to download one temporary copy of parts or all of the Intellectual Property to a single computer for purposes of viewing and browsing the Intellectual Property, except where otherwise specified. Except as expressly authorized herein, material from this web site and from any other web site owned, operated, controlled, or licensed by h2fanatic.com may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of h2fanatic.com's intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of h2fanatic.com's copyrights and other proprietary rights and is strictly prohibited
Arbitration. Any and all claims, disputes or controversies arising out of or relating to this Agreement, or breach thereof, shall be resolved by binding individual (and not class) arbitration by and under the Code of Procedure of the National Arbitration Forum ("NAF") in effect at the time the claim is filed. This agreement to arbitrate disputes shall apply no matter by whom or against whom the claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce. It shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
Minors. h2fanatic.com does not knowingly collect information from children under the age of 13. h2fanatic.com requires users of this site to be at least 13 years of age.
Banned Members: If you have been banned by h2fanatic.com, you cannot and shall not register again in any form or by any procedure. Re-registering under another email address or in any manner will subject you to the greatest civil and criminal penalties available under the law, including, but not limited to, fraud and misrepresentation.
Indemnification. You agree to indemnify h2fanatic.com and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.
Jurisdictional Issues. This site is controlled and operated by h2fanatic.com from its offices within the State of Florida, United States of America. h2fanatic.com makes no representation that materials in the h2fanatic.com Web Site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law, and venue shall be in Sarasota, Florida.
Assignment and Succession. You may not grant, devise, or otherwise assign any rights or benefits under this agreement to any other party. Notwithstanding any other provision of this agreement, h2fanatic.com, its successors and assigns may fully enforce any term or provision of this agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
Complete Integration. This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and h2fanatic.com and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this web site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. h2fanatic.com will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about h2fanatic.com’s Terms and Conditions of Use, please email us at: admin@h2fanatic.com.
The Terms of Use, The Rules, and Privacy Policy can change at any time without notice. It is the responsibility of the user to periodically check this url https://www.h2fanatic.com/forum/faq.php?faq=new_faq_item#faq_agreement
By clicking below, you agree that you understand and assent to the Terms of Use, including the Rules and Privacy Policy for the h2fanatic.com Site. |
Your Privacy Choices