In this agreement & disclaimer ("agreement") "you" and "your" refer to each website visitor, "we", us" and "our" refer to HotTerrain, its contractors, agents, employees, officers, directors and affiliates. Your access to and use of this website is subject to the following terms and conditions and applicable laws. By accessing and browsing this website, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and HotTerrain are superseded and of no force or effect. If you do not agree and accept, without limitation or qualification, these Terms and Conditions, please exit this website.

Disclaimer

While HotTerrain uses reasonable efforts to include accurate and up to date information on this website, HotTerrain makes no warranties or representations with respect to the content of the website, which is provided "as is". HotTerrain accepts no responsibility or liability whatsoever arising from or in any way connected with the use of this website or its content. In particular, HotTerrain will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the information contained on this website. HotTerrain also accepts no liability whatsoever with regard to any offer, sale or purchase of items made through this website.

Furthermore, HotTerrain assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this website. HotTerrain reserves the right to interrupt or discontinue any or all of the functionalities of this website. HotTerrain accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionalities of this website, irrespective of whether this is the result of actions or omissions of HotTerrain or of a third party.

HotTerrain shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.

You acknowledge that third party product and service providers advertise their products and services on HotTerrain web site. HotTerrain forms "partnerships" or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is HotTerrain making any representation or warranty regarding any third party's products or services, nor will HotTerrain be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against HotTerrain with respect to third party products and services, to the maximum extent permitted by law.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with HotTerrain no advice or information, whether oral or written, obtained by you from HotTerrain shall create any warranty not expressly made herein.

Information Modification

The Information may contain technical inaccuracies or typographical errors. HotTerrain reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice.

User Submitted Materials

Subject to the provisions of the HotTerrain Privacy Policy, any communication or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit becomes the property of HotTerrain or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, HotTerrain is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

This Site Is Not A Substitute For Professional Counsel

The materials posted on www.hotterrain.com are provided for public informational purposes only, and do not constitute individualized professional advice. Your review of the posted materials does not establish any form of client relationship between you and HotTerrain. You should consult qualified counsel to determine your current situation, and how it may apply to you.

Link Disclaimer

Links to other sites are provided only as a courtesy to HotTerrain website visitors. These links do not constitute an endorsement of products, services or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between HotTerrain and the linked site. HotTerrain is not responsible for the privacy practices or the content of others web sites. HotTerrain hereby disclaims any representations or warranties expressed on any site other than our own. Responsibility for access to off-site pages and linked third-party sites rests solely with you. Your linking to this website, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and privacy policy of any linked site will apply and which may be different from those of HotTerrain.

Copyright

This website and all of its contents including, but not limited to, all text, images and graphics ("Information") are owned and copyrighted by HotTerrain or others with all rights reserved unless otherwise noted. Any Information on this website that is a trademark, logo, or service mark is a registered and unregistered trademark of HotTerrain or others. Your use of any Information, except as provided in these Terms and Conditions, without the written permission of the Information owner is strictly prohibited. You may download, display or print Information from this website solely for non-commercial personal use. You are also advised that HotTerrain will aggressively enforce its intellectual property rights to the fullest extent permitted by the applicable law, including the seeking of criminal prosecution.

You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of this website for public or commercial purposes, including the text, images, audio, and video without written permission of HotTerrain. You should assume that everything you see or read on this website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or otherwise on this website without the written permission of HotTerrain. HotTerrain neither warrants nor represents that your use of Information displayed on this website will not infringe rights of third parties not owned by or affiliated with HotTerrain.

With the exception of the foregoing limited authorization, no license to or right in any copyright of HotTerrain or of any other party is granted or conferred to you.

Intellectual Property

We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and any intellectual property rights. HotTerrain, trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of HotTerrain. The unique trade dress of the site is also a service mark of HotTerrain.

This website may contain or reference trademarks, patents, proprietary information, technologies, products, processes or other proprietary rights of HotTerrain, its affiliates and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of HotTerrain, its affiliates and/or other parties is granted to or conferred upon you.

The content available through the site is the sole property of HotTerrain or its licensors and is protected by copyright, trademark, and other intellectual property laws. Content owned by HotTerrain licensor's may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the site to anyone, including but not limited to others in the same company or organization without HotTerrain express prior written consent.

User Contents

Although HotTerrain may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on this website. HotTerrain is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on this website. You are prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be a crime against another, give rise to civil liability, or otherwise violate law. HotTerrain expressly reserves the right to remove any information or materials posted or transmitted by anyone on this website which is in breach of these rules or for any reason HotTerrain deems appropriate.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the HotTerrain an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that the HotTerrain may retain archived copies of your User Content. HotTerrain does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

User Age Requirement

This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

User Responsibilities

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to HotTerrain, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display ("post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that HotTerrain may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the HotTerrain violates this Agreement, or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the HotTerrain.

User Prohibited Activities

Users are prohibited from abusing the HotTerrain website in any way including, but not limited to: creating multiple accounts; scamming the digital point system; hacking the site; violating or attempting to violate the security of the site; accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; etc. What constitutes abuse is at the sole discretion of HotTerrain. Abusive users may have their accounts terminated without recourse. Violations of system or network security may result in civil or criminal liability. HotTerrain will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from HotTerrain on this site and other than generally available third party web browsers (e.g., Mozilla Firefox or Microsoft Explorer).

Entity Restriction

Entities (corporations, organizations, etc.) are prohibited to set up user accounts to engage in business transactions. HotTerrain user accounts are for private and personal usage only.

Product Information and Product Pricing

This website may contain information on HotTerrain products and services, not all of which are available in every location. A reference to a HotTerrain product or service does not imply that such product or service is or will be available in your location.

While HotTerrain strives to provide accurate pricing information, pricing or typographical errors may occur. HotTerrain cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, HotTerrain shall have the right, at HotTerrain's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, HotTerrain may, at HotTerrain's discretion, either contact you for instructions or cancel your order and notify you of such cancellation. HotTerrain attempts to be accurate in its product descriptions. However, HotTerrain does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free. Digital items purchased through HotTerrain cannot be returned and no refunds may be issued.

Technology and Software Laws

You acknowledge that the purchased goods licensed or sold on the Site, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.

HotTerrain Pages

HotTerrain Pages are special profiles used solely for individual, commercial, political, educational, or charitable purposes. You may not set up a HotTerrain Page on behalf of another individual or entity unless you are authorized to do so. HotTerrain does not pre-screen or approve HotTerrain pages, and cannot guarantee that a HotTerrain page was actually created and is being operated by the individual or entity that is the subject of a HotTerrain page. Nor is HotTerrain responsible for the content of any HotTerrain page, or any transactions entered into or other actions taken on or in connection with any HotTerrain page, including how the owner of the HotTerrain page collects, handles, uses and / or shares any personal information it may collect from users. You should be careful before providing any personal information to or entering into any transaction in connection with a HotTerrain page.

Use of HotTerrain Service

Your use of the HotTerrain service is at your sole risk. Under no circumstances will HotTerrain, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses (including without limitation loss of profits, goodwill, use, data, or other intangible losses), whether based in contract, tort, strict liability, or otherwise, arising out of or in connection with use of, or inability to use, the HotTerrain service, whether or not HotTerrain has been advised of the possibility of such damages or loss. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the HotTerrain service, from inability to use the HotTerrain service, or from the interruption, suspension, or termination of the HotTerrain service or any component thereof (including such damages incurred by third parties). if you are dissatisfied with the HotTerrain service or any part of the HotTerrain service your sole and exclusive remedy is to discontinue using the HotTerrain service and its related websites. Under no circumstances shall HotTerrain be liable to you in any way or for any amount of compensation.

Email Transmissions

When you send HotTerrain an electronic mail transmission, the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. HotTerrain cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server.

Governing Law

By using this site, you submit to the exclusive jurisdiction of the state of New York and federal courts in the Northern District of New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that, if an agent for you (i.e., an internet service provider, employee, etc.) used our services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.

HotTerrain at its sole discretion may choose to change the terms, conditions, and operation of this web site at anytime. By using this service the user waives any rights or claims it may have against HotTerrain. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.

By using this site and/or any services related thereto, you agree that you have read, understand, and agree to the terms of use.

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