terms of use

LAST UPDATED: August 20, 2020

THIS WEBSITE IS OWNED AND OPERATED BY HMT ASSOCIATES, INC. AND ITS AFFILIATES (COLLECTIVELY, “HMT”, “WE”, “OUR” OR “US”). ACCESS AND USE OF THIS WEBSITE (THE “SITE”) IS PROVIDED BY HMT TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE (THESE “TERMS”) AND, BY ACCESSING OR USING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS, DO NOT ACCESS OR USE THIS SITE.

These Terms, the Privacy Policy and all other documents referenced herein govern the relationship between you, on behalf of yourself and any organization or company that you represent (collectively, “you”), and HMT with respect to your access to and use of the Site. You agree that the agreement formed by these Terms is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, these Terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms and to perform and otherwise discharge all of your obligations hereunder.

We reserve the right at any time to change: (i) these Terms; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content, feature, data or service on or available through this Site or the hours that they are available; and (iii) the equipment, hardware or software required to use and access this Site.

Any changes we make to these Terms will be effective immediately upon posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms.

You may not interfere with the security of or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You may only use this Site for lawful purposes.

1. JURISDICTION

If you are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms, you may not enter into these Terms or use this Site.

Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, you may not enter into these Terms or use this Site. By using this Site you are explicitly stating that you have verified in your own jurisdiction that your use of this Site is allowed.

WE MAKE NO REPRESENTATION THAT MATERIALS IN THIS SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO ON THEIR OWN INITIATIVE AND AT THEIR OWN RISK, AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.

We reserve the right to limit and change the availability of the Site, materials, or products described or offered thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such services, materials, or product provided.

2. PRIVACY

HMT is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy practices and how we collect, use and disclose the information (including personal information) of those individuals who visit this Site. Please see our Privacy Policy, which is incorporated into and made a part of these Terms, for further information.

3. PERSONAL USE ONLY

This Site is only for personal use. You may not use this Site for commercial purposes or in any way that is unlawful or that harms us or any other person or entity, as determined in our sole discretion.

4. CODE OF CONDUCT; USE RESTRICTIONS

You represent and warrant that: you have the authority to enter into these Terms; you will not access or use the Site in any manner not permitted by these Terms; and all information you provide in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this Site.

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of HMT’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms. HMT may, without notice, temporarily suspend your, or any other party’s access to this Site (including, without limitation, any specific areas hosted within this Site), including by deactivating any password(s) or links to the Internet, if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information, are using otherwise valid user identifications or passwords in any unauthorized manner, or are violating these Terms or applicable law or regulations. These suspensions will be for such periods of time as HMT may in its sole discretion determine is necessary or appropriate to permit the thorough investigation of such suspended activity.

While using this Site you agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). We reserve the right, in our sole discretion, to take any actions we deem necessary or appropriate to preserve the integrity of this Site.

The Site (including its content) may be used only for your personal non-commercial use. You will NOT, nor will you permit any person to: access or use the Site for unlawful purposes; modify the Site (including any portion thereof); use the Site to create a derivative work; incorporate the Site into any other work or otherwise exploited; use the Site or its content other than in compliance with any additional license terms accompanying such content; sell, share, license, rent, download, redistribute, or reproduce the Site or any part thereof; decompile, reverse-engineer, disassemble, or convert any compiled Site content or HMT materials into a human-perceivable form; copy or use HMT’s or its licensors’ trademarks or logos in any manner; obscure, remove, alter, or modify any copyright, trademark, or other proprietary markings, designations, or notices in or on the Site; access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms; use the Site in any way that infringes on or violates the rights of any other person or entity; send, post, or transmit any unsolicited messages, chain letters, spam, or junk mail using the Site; submit or provide through or using the Site any information or content that is defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the rights of third parties; engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult; use the Site as part of any effort to compete with HMT or to provide services as a service bureau; or act maliciously against the business interests or reputation of HMT or any Site user.

WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THE FOREGOING CODE OF CONDUCT OR RESTRICTIONS OR ANY OTHER PROVISIONS OF THESE TERMS, AND, AS BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE.

5. AVAILABILITY

While we endeavor to keep downtime to a minimum, we cannot and do not promise that this Site (including access thereto) will be uninterrupted, secure or error-free. We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason.

6. CURRENCY OF WEBSITE

HMT updates the information on this Site periodically. However, HMT cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. HMT may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

7. LINKED WEBSITES

This Site may provide links to third party websites, which links are for your convenience only, including, without limitation, links to third party websites and social media sites such as Facebook, Pinterest, and Instagram. The inclusion of these links does not imply that HMT monitors or endorses those websites or their respective practices. HMT does not accept any responsibility for such websites nor for their collection of information from or about you. HMT shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. These Terms and our Privacy Policy do not apply to your use of any third party websites, so be sure to review any applicable terms and policies of third party websites.

8. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with and the nature of the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded or otherwise obtained from this Site.

HMT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THIS SITE OR YOUR DOWNLOADING OF ANY OF OTHER CONTENT FROM THIS SITE. HMT recommends that you install appropriate anti-virus or other protective software.

9. OUR MATERIALS; INTELLECTUAL PROPERTY RIGHTS

This Site is owned and operated by HMT in conjunction with others pursuant to contractual arrangements. This Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, organization and presentation of content, are exclusively the property of HMT or, as applicable, its licensors, and are protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights.

No licenses or other rights, express or implied, are granted by HMT to you under any patent, copyright, trademark, trade secret, or other intellectual property right of HMT and all such rights are reserved and retained by HMT. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties and may be prosecuted to the fullest extent of the law.

10. DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING THE SERVICES AND CONTENT AVAILABLE THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE. HMT DOES NOT REPRESENT OR WARRANT THAT THIS SITE, INCLUDING ITS SERVICES OR CONTENT, WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM HMT OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.

11. LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, INCLUDING ALL SITE SERVICES AND CONTENT AND ALL INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL HMT, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, CONTRACTORS, LICENSORS, OR AGENTS (COLLECTIVELY, “HMT PARTIES”) BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, DIRECT OR OTHER DAMAGES OR LOSSES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OR THIS SITE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF AN HMT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE HMT PARTIES’ LIABILITY TO YOU EXCEED $50, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. INDEMNIFICATION

You agree to, upon request, defend, indemnify and hold harmless the HMT Parties from any and all liabilities, claims, losses and expenses, including attorneys’ fees, which arise directly or indirectly from, or relate to: (1) any breach of these Terms by you or for which you are responsible; (2) your use of this Site, including your transmission of any materials or other content through this Site (including personal information) and your misuse of or reliance on any content, material, data, or other information viewed, downloaded, or otherwise accessed or obtained from or using the Site; (3) your violation of or noncompliance with applicable laws or regulations; or (4) your negligence, willful misconduct, or fraud. HMT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the prior written consent of HMT. This indemnification section will survive any termination or expiration of these Terms.

13. OPPORTUNITIES AT HMT

The Site may post job and other opportunities and include instructions on how to apply for those positions. You will not provide to us a resume or any other application materials for any person other than yourself. Your submission of a resume or other application materials does not in any way require HMT to review those materials or consider you for a position at HMT. Opportunity descriptions on the Site are subject to change at our sole discretion without notice.

14. FORCE MAJEURE

HMT will not be liable to you or to any third party for any delay or other failure to perform under these Terms that is due to causes beyond HMT’s control, including without limitation acts of God, terrorism, civil disorders, labor disputes, shortages, riots, war, strikes, acts of a public enemy, acts of the United States of America, any state, territory or political division thereof, or any other nation or government, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, epidemics, pandemics, acts or omissions of third parties, telecommunications failures, Internet failures, and similar causes and events.

15. CONTACTING HMT

If you need to contact us regarding this Site or these Terms, please e-mail us at [email protected]. You can also contact us via mail addressed to HMT Associates, Inc., 335 Treeworth Blvd. Cleveland, OH 44147

16. YOUR COMMENTS

Feel free to email your comments, suggestions and feedback (collectively, “Comments”) to HMT at the e-mail addresses provided in this Site. You agree with respect to any Comments provided by you to us, via e-mail or otherwise, that: (i) HMT has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) HMT may use, disclose, distribute or copy such Comments and may use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you and without payment of any royalties to you; and (iv) such Comments are truthful and do not violate the legal rights of others.

17. MISCELLANEOUS

These Terms are governed by and construed in accordance with the laws of the State of Ohio and, as applicable, the federal laws of the United States of America, without regards to their respective principles of conflicts of law. You agree to the exclusive personal jurisdiction by the federal and state courts located in Cuyahoga County, Ohio, United States of America, in any matter arising from or related to these Terms or your use of the Site and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. You will not bring any action or other claim with respect to the Site or these Terms more than one (1) year after the claim arises.

These Terms and any other documentation, agreements, notices, or communications between you and HMT may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of these Terms and all documentation, agreements, notices, and other communications for your reference.

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Your access to or use of certain features or functionality of the Site may be subject to additional terms, conditions, rules, or policies (together, “Additional Terms”). All applicable Additional Terms are incorporated by reference into these Terms.

These Terms, including our Privacy Policy and any applicable Additional Terms, set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us relating to that subject matter. These Terms are not assignable, transferable or sub-licensable by you except with HMT’s prior written consent. Any attempted assignment, transfer, or sublicense by you without our prior written consent will be void. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. These Terms provide only for your use of this Site. These Terms shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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