This page states the Terms and Conditions under which you (the User)
may use the Site. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, do not use the Web Site.
HortensiaMorgan.com may revise these Terms and Conditions at any
time by updating this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding on you
and each time you use the Site you agree to be bound by the current
terms and conditions.
Use of Material
HortensiaMorgan.com authorizes you to view and download
a single copy of the Material on the Site solely for your
personal, non-commercial use.
The
contents of the Site, such as text, graphics, images
and software other material ("Material"), are
protected by copyright under US law. Unauthorized use of
the Material may violate copyright, trademark and other
laws. You must retain all copyright, trademark and other
proprietary notices contained in the original Material
on any copy you make of the Material. You may not sell
or modify the Material or reproduce, display, publicly
perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose. In particular,
the use of the Material on any other web site or in a networked
computer environment for any purpose is prohibited.
If you violate any of these Terms, your permission to
use the Material automatically terminates and you must
immediately destroy any copies you have made of the Material.
HortensiaMorgan.com’s
Liability
The material may contain inaccuracies or typographical
errors. HORTENSIAMORGAN.COM makes no representations about
the accuracy, reliability, completeness, or timeliness
of the Material or about the results to be obtained from
using the Site and the Material. In particular HORTENSIAMORGAN.COM
makes no warranties or representations as to the accuracy,
reliability or quality of any property descriptions made
available from the Site or as to the availability for purchase
or rental of any property. The use of the Site and the
Material is entirely at your own risk. Changes are periodically
made to the Site and may be made at any time without notice.
HORTENSIAMORGAN.COM shall not be liable, and shall not
otherwise be deemed to be in breach of this Agreement,
for any failure to perform (or delay in performing) any
of its obligations hereunder caused by circumstances beyond
its reasonable control.
HORTENSIAMORGAN.COM DOES NOT WARRANT THAT THE SITE WILL
OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE
FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. IF
YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, HORTENSIAMORGAN.COM
ASSUMES NO RESPONSIBILITY WHATSOEVER FOR THOSE COSTS.
THE
SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" AND “AS
AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
HORTENSIAMORGAN.COM AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL CONDITIONS AND WARRANTIES,
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OR TERMS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES RIGHTS, AND ANY WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. HORTENSIAMORGAN.COM AND ITS SUPPLIERS MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT,
GRAPHICS OR LINKS.
Disclaimer of Consequential Damages
SUBJECT TO THESE TERMS AND CONDITIONS, IN NO EVENT SHALL
HORTENSIAMORGAN.COM, ITS SUPPLIER, OR ANY THIRD PARTIES
MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL,
WHETHER BASED ON STATUTE, CONTRACT, TORT, OR ANY OTHER
LEGAL CAUSE, AND WHETHER OR NOT HORTENSIAMORGAN.COM IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User Submissions
Generally, any communication which you post to the Site
is considered to be non-confidential.
By posting communications to the Web Site, you automatically
grant HORTENSIAMORGAN.COM a royalty-free, perpetual, irrevocable
non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform and display the communication
alone or as part of other works in any form, media, or
technology whether now known or hereafter developed, and
to sub-license such rights through multiple tiers of sub-licenses.
As a User, you are responsible for your own communications
and are responsible for the consequences of their posting.
You must not do the following things:
• Post
material in circumstances that breach the criminal
law;
• post material that is copyrighted, unless you are the copyright owner
or have the permission of the copyright owner to post it;
• post material that reveals trade secrets, unless you own them or have
the permission of the owner;
• post material that infringes on any intellectual property rights of others
or on the privacy or publicity rights of others;
• post material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another User or any other person or entity;
• post a sexually-explicit image;
• post advertisements or solicitations of business; or
• Impersonate another person or entity.
You agree not to use the Site or cause or permit any
Materials to be used:-
• so
as to jeopardise or prejudice the operation, quality
or integrity of the Site or Materials, the operation,
quality or integrity of any telecommunications network,
or any other use which might be deemed by HORTENSIAMORGAN.COM
to be harmful to HORTENSIAMORGAN.COM'S business, reputation
or the commercial exploitation of the Site;
• for any commercial purpose including any surveys, contests or pyramid
schemes, nor to use a Service to participate in or cause others to participate
in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages,
advertising or promotional material;
• to harvest or otherwise collect by any means any Material or information
(including without limitation email addresses or details of properties) from
the Site otherwise than as authorised in this Agreement or to monitor, mirror
or copy any Material without the prior written consent of HortensiaMorgan.com;
• to distribute, download, upload or transmit any material which contains
viruses, Trojan horses, worms, time bombs, Cancel bots, or any other harmful
or deleterious programs;
• Contrary to the terms and conditions of any Internet Service Provider
whose services you may use.
HORTENSIAMORGAN.COM does not represent or guarantee the
truthfulness, accuracy, or reliability of any of communications
posted by other Users or endorses any opinions expressed
by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
HORTENSIAMORGAN.COM does not screen communications in
advance and is not responsible for screening or monitoring
material posted by Users. If notified by a User of communications
which allegedly do not conform to this Agreement, HORTENSIAMORGAN.COM
may investigate the allegation and determine in good faith
and at its sole discretion whether to remove or request
the removal of the communication. Each User hereby agrees
that any such action taken by HORTENSIAMORGAN.COM will
not be challenged by User. HORTENSIAMORGAN.COM has no liability
or responsibility to Users for performance or non-performance
of such activities. HORTENSIAMORGAN.COM reserves the right
to expel Users and prevent their further access to the
Site for violating this Agreement or the law and the right
to remove communications which are abusive, illegal, or
disruptive or which HORTENSIAMORGAN.COM otherwise deems
to be in breach of these Terms and Conditions of Use.
Links to and from other Web Sites
The Site contains links to third party Web Sites. These
links are provided solely as a convenience to you and not
as an endorsement by HORTENSIAMORGAN.COM of the contents
on such third party Web Sites. HORTENSIAMORGAN.COM is not
responsible for the content of linked third party sites
and does not make any representations regarding the content
or accuracy of materials on such third party Web Sites.
If you decide to access linked third-party Web Sites, you
do so at your own risk.
HORTENSIAMORGAN.COM generally welcomes the hyper-linking
to the Site from other appropriate Web Sites provided such
links are to the Sites homepage (and no deeper within the
Site) and provided HORTENSIAMORGAN.COM gives its consent
to the establishment of such links. Notwithstanding the
foregoing, HORTENSIAMORGAN.COM reserves the absolute right
to refuse to consent to such links without giving reasons.
Any links to the Site from another Web Site must be presented
in such a manner that the viewing of the Site is not impaired
by framing or similar techniques that may impair the visitor's
user experience.
Limitation of Liability
Unless otherwise expressly provided in a Software License
or Legal Notice, the aggregate liability of HORTENSIAMORGAN.COM
to you for all claims arising from the use of the Site
or Materials (including Software) is limited to $1 and
you acknowledge that this is a genuine pre-estimate of
any loss you might suffer as a result of such a claim.
Indemnity
You agree to defend, indemnify, and hold harmless HORTENSIAMORGAN.COM,
its officers, directors, employees and agents, from and
against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging
or resulting whether directly or indirectly from your use
of the Site or Material or your breach of the terms of
this Agreement. HORTENSIAMORGAN.COM shall provide notice
to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any
such claim, suit or proceeding.
Export Control
Many countries control the export of products and information.
You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries
or persons prohibited under the export control laws. By
downloading the Materials (including Software), you are
agreeing that you are not in a country where such export
is prohibited or are a person or entity to which such export
is prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the import,
export, or re-export of the Materials.
General
The Site is controlled by HORTENSIAMORGAN.COM from its
location within the state of Kentucky. HORTENSIAMORGAN.COM
makes no representation that Materials are appropriate
or available for use in other locations, and access to
them from territories where their content is illegal is
prohibited. Those who choose to access this Site from other
locations do so, on their own initiative and are responsible
for compliance with applicable local laws.
Any disputes, claims or proceedings arising out of or
in any way relating to the Materials or the Site shall
be governed by the laws of the Government. The Courts shall
have exclusive jurisdiction for the purpose of any proceedings
arising out of or in any way relating to the Materials
or the Site. Without prejudice to the foregoing, HORTENSIAMORGAN.COM
may seek provisional or protective relief in the courts
of another State prior to, during or after any substantive
proceedings have been instituted and HORTENSIAMORGAN.COM
may bring enforcement proceedings in another state on foot
of judgment.
If any provision of this Agreement is found to be invalid
by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of this Agreement, which shall remain
in full force and effect.
No waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other
term.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN
YOU AND HORTENSIAMORGAN.COM WITH RESPECT TO THE USE OF
THE SITE. Any changes to this Agreement will be posted
on the Site and will take immediate effect.
HORTENSIAMORGAN.COM may at any time and without liability
modify, suspend or discontinue the Site or any Materials
(or any part or specification thereof), with or without
notice, for any valid technical, operational or commercial
reasons.
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