Exclusive Terms. Please note that these Terms exclusively govern your access and use of this Site and do not alter or affect the terms and conditions of any other agreement you may have or enter into with HTRI for any given product or service. The latter agreement will continue to govern that specific legal relationship with HTRI. However, some pages on this Site or areas of this Site with restricted access ("Secured Sites"), including project extranets or sites engaged in e-commerce, either existing or future sites) or in foreign locations may require the application of additional or special privacy disclosures, which will be posted on the home page of that Site.
Secured Sites. Access to some areas on this Site is restricted to users ("Authorized User(s)") who have an existing agreement with HTRI or have completed a registration process and who have then been granted authorization for access through issuance of a unique user ID and password ("Secured Site(s)"). No other persons other than Authorized Users may access these Secured Sites. Registrations, passwords, and user ID numbers are non-transferable. Due to technical uncertainties in internet transmissions, HTRI cannot be responsible for authenticating the identity of any person accessing a Secured Site with a verified user ID and password. As an Authorized User, you are solely responsible and liable to maintain the security and confidentiality of your password and user ID, and accordingly, you are liable for all resulting access, use and activities on these Secured Sites under this ID and password, including any use by others "borrowing" the user ID and password, or any fraudulent, erroneous, or unauthorized third party use. Should you become aware that your name, identity, account, system, electronic signature, registration, user ID, password, or other protected data or your identity is being used or attempted to be used on a Secured Site or otherwise by an unauthorized third party, or in the event of any other possible error, misuse or fraud, it is your responsibility to inform us immediately upon discovery so we may take appropriate action. We reserve the right to terminate any Authorized User's access to and use of a Secured Site at any time, and without notice, including but not limited to any possible or alleged misuse, abuse, violation of law, fraud, or misconduct by any person accessing or using the Secured Site under a user ID and password.
No Warranties Provided. The information on this Site is provided for general information purposes only. While HTRI strives to provide timely, accurate, and complete information, you may discover some inadvertent typographical, technical, factual, or other errors or omissions in the information provided. Please bring them to our attention at [email protected]. Since such mistakes may occur, HTRI MAKES NO GUARANTEES, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS, RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS, AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Compliance with Laws. You agree that your use of this Site will be in compliance with all relevant and applicable laws and regulations, which shall include but not be limited to U.S. export control laws and executive orders. The information provided on and through this Site or any Secured Site may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER, AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY LAW. Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use the Site, including any Secured Site, your access of the Site, including the presentment of any authorized user ID and password, if required, constitutes your express representation that (1) the person attempting access is not identified on a U.S. government-issued restricted party list, as revised from time to time, and is not a national of any US sanctioned country or group, and (2) if an Authorized User, you have not disclosed or provided such password and user ID to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD HTRI HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Site Security. So that this Site remains to the extent possible open and available to all users, we have mechanisms in place to identify unauthorized attempts to gain access to Secured Sites, upload or change information or any image, inject any harmful elements, or otherwise cause damage. Regardless, even though we strive to keep these mechanisms up to date, due to the technical uncertainties, we are unable to make any representation or warranty that the content, information, or links in this Site are secure and free of data-processing errors, technical glitches, operational problems, interruptions, errors, bugs, worms, viruses, unauthorized third party access, or any other harmful elements. YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any information or image on this Site or cause harm are strictly prohibited and may be punishable to the full extent of the law, including the Computer Fraud and Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may contain direct links or hyperlinks to websites that are maintained by third parties. When clicking on such a link, you are leaving our Site. Therefore, HTRI has no control over, does not endorse, and is not liable for, the quality, operation, reliability, compliance with laws, ethics, business practices, nor content of such third party websites, or for any product or service advertised or provided therein. Any transactions with such third parties, including provision of your personal information, are strictly at your own risk. We expressly disclaim all liability arising from your access of and for the content contained within or through any such third party website.
Access Outside United States. If you are accessing this Site from outside the United States, you are doing so at your own risk, and you remain fully responsible and liable for familiarity and compliance with these Terms as well as with the laws, regulations, directives, codes, and rules of the United States, including its export compliance laws and regulations, as well those of the jurisdiction from which you are accessing the Site, and any other applicable jurisdiction which may be involved in the access, transmission, routing, receipt, disclosure, storage or use of information on this Site, or any commercial transactions conducted on or through this Site.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT HTRI AND ITS STAFF, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HTRI AND ITS STAFF, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN WHOLE OR IN PART, HTRI’S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms will be interpreted under the laws of the State of Texas, regardless of any conflicts of laws rules, and regardless of the laws of any other jurisdiction which may be asserted. Any dispute or claim which you may have ("Claim") arising from your access or use of the Site shall be first submitted in writing to HTRI within one month (30 days) from the occurrence of the event upon which such Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim which has been properly submitted to HTRI which has not been resolved within a reasonable time period, not to exceed six (6) months, may be submitted to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST HTRI BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration will be administered by the American Arbitration Association in Houston, Texas, in accordance with its applicable commercial rules and procedures. Any arbitral award will specifically exclude any special, indirect, incidental, exemplary, punitive, or consequential damages.