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| Privacy Notice |
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by Hendrie Communications™ on an "as is" and "as available" basis. Hendrie Communications™ makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or courses, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, Hendrie Communications™ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Hendrie Communications™ does not warrant that this site, its servers, or e-mail sent from Hendrie Communications™ are free of viruses or other harmful components. Hendrie Communications™ will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
A covered party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Hendrie Communications™ website or any materials or courses available or not included therein, (b) the unavailability or interruption of the Hendrie Communications™ website or any features thereof or any materials or courses, (c) your use of the Hendrie Communications™ website or materials or courses (regardless of whether you received any assistance from a covered party in using the Hendrie Communications™ website), (d) your use of any equipment in connection with the Hendrie Communications™, (e) the content of materials or courses, or (f) any delay or failure in performance beyond the reasonable control of a covered party.
"Covered party" means (a) the provider of the Hendrie Communications™ website or, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the provider of the Hendrie Communications™ website or its affiliates; and (b) each third party supplier of materials or courses, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of materials or courses or any of their affiliates.
The aggregate liability of the covered parties in connection with any other claim arising out of or relating to the Hendrie Communications™ website or materials or courses shall not exceed the amount of your actual cost of purchased products or courses. Your right to monetary damages in that amount shall be in lieu of all other remedies which you may have against any covered party.
The covered parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation, attorneys' fees) in any way due to, resulting from, or arising in connection with the Hendrie Communications™ website, materials, courses or the failure of any covered party to perform its obligations, regardless of any negligence of any covered party.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
APPLICABLE LAW
By visiting Hendrie Communications™, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Hendrie Communications™ or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Hendrie Communications™ or to products or courses you purchase through Hendrie Communications™ shall be submitted to confidential arbitration in California or Texas (at the sole discretion of Hendrie Communications™), except that, to the extent you have in any manner violated or threatened to violate Hendrie Communications™ intellectual property rights, Hendrie Communications™ may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, SEVERABILITY and MISCELLANEOUS
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Please check this Conditions of Use policy periodically for any changes. Continued use of the Hendrie Communication™ Website following any change constitutes acceptance of the change. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The failure of Hendrie Communication™ or any third party supplier of Materials to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
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