Welcome to Humintell.com (the “Site”). We provide to you this website and the services associated with it in accordance with the terms set forth below. THIS END USER LICENSE AGREEMENT (“AGREEMENT” OR “EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND HUMINTELL, LLC (“LICENSOR”). BY ACCESSING CONTENT FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE, PROMPTLY CLICK ON YOUR BROWSER’S BACK BUTTON OR THE “DO NOT AGREE” BUTTON BELOW TO DECLINE THIS AGREEMENT.
Humintell.com grants you a limited license to access and make personal, non-commercial use of the Site. Redistribution for commercial use is prohibited. In this Agreement, “You” and “Yours” mean you individually as well as your employer and its parent and subsidiary corporations, affiliates, partners, directors, officers, members, employees and agents.
If you use any part of the Site that requires a user name or password, then you are responsible for keeping that username and password confidential. You hereby agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password is compromised in any manner, please notify Humintell.com immediately. Under no circumstances shall Humintell.com be held liable for any liabilities or damages resulting from or arising out of (i) any action or inaction of Humintell.com under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password.
The Humintell.com logo, design, graphics, pictures, and other files, and the selection and arrangement thereof (“Materials”) are ALL RIGHTS RESERVED Copyright © 2009 Humintell.com and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, modified, altered, or transmitted in any form or by any means without the prior written permission of Humintell.
Humintell.com respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Humintell the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are duly authorized to act on the copyright owner’s behalf.
All access to and use of the services available on the Site is subject to the following acceptable use policies. Humintell.com has the right, but not the obligation, to terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that Humintell.com believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party’s rights.
By using the Site, you agree not to do any of the following:
Publish on this Site any information or other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties;
Upload any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
Upload any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
Impersonate any person or entity or interfere with other users of the Site. Unless you are participating in an area of the Site that requires or allows anonymity, use your real name in online communications;
Upload to or publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam,” or offering or disseminating fraudulent goods, services, schemes or promotions;
Publish or upload any unsolicited promotions, commercial solicitation or post any advertising or other solicitation of other users of the Site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose;
Post or list articles which are off-topic according to the description of the category or send unsolicited mass emails to 10 people or more; and/or disseminating or hosting harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots, malware or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information;
Humintell.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, Humintell.com is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page. It is not Humintell.com’s intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Humintell.com reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
Humintell.com reserves the right to strictly enforce this Agreement including without limitation by issuing warnings, suspension or termination of service, and/or removal, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. Humintell.com may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A HUMINTELL.COM CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.
Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless Humintell.com from any claim, loss, or damages (including attorneys’ fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.
Third-Party Products and Services
Parties other than Humintell.com offer products and services on or through the Site. Except for products or services that are specifically identified as being supplied by Humintell, Humintell.com does not endorse any information, products or services on the Site in any way. Except for Humintell-branded products or services, all information, products and services offered through the Site or on Internet generally are offered by third parties that are not affiliated with Humintell. Humintell.com is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Humintell.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
IN NO EVENT SHALL HUMINTELL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF HUMINTELL.COM ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUMINTELL.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF HUMINTELL’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID HUMINTELL, WHICHEVER IS LESS.
You agree to indemnify, defend and hold harmless Humintell and all parties associated with Humintell.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.
You may not use Humintell.com or any of our tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use Humintell.com to violate the terms of this section. We may terminate your access or use of Humintell.com immediately and take any other legal action if you, or anyone using your access to Humintell.com, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.
No Duty to Monitor
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.