Information Made Available Through the Hai Point Web Site
Information made available on the Hai Point Web Site is for your individual use only. Although you may store, display, analyze, and/or print information contained on the Hai Point Web Site only for your own use, you are not permitted to publish, transmit, or otherwise reproduce this material, including any logos or trademarks - in whole or in part - in any format to a third party with the express written consent of Hai Point. Furthermore, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that appear anywhere in conjunction with the information provided by the Hai Point Web Site. Your use of the Hai Point Web Site and these Terms and Conditions of Use are not intended to, and do not, transfer or grant any rights to your or other party other than the rights set out in these Terms and Conditions of Use. All rights not specifically granted herein are reserved by Hai Point, or the third party owners of such rights. When using information provided by third parties, you are required to abide by the Terms and Conditions of Use not only of the Hai Point Web Site, but also by whatever terms and conditions are imposed by such third party providers. Hai Point reserves the right, at any time and from time to time, for any reason whatsoever, to modify or remove any information in the Hai Point Web Site.
Disclaimer of Warranties
Hai Point makes no warranty, express or implied, concerning the Hai Point Web Site. The Hai Point Web Site, including links to any third party service, is provided at your sole risk on an "AS IS" basis at your sole risk, without any warranty. Hai Point, for itself and any third party providing materials, services, or content to this website, makes no representations or warranties in connection with the Hai Point Web Site including but not limited to the quality, suitability, truth, accuracy, or completeness of any material, information, product, or service contained on the Hai Point Web Site. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed. Hai Point will not be liable to you or any third party for any damages of any kind, including but not limited to direct, indirect, incidental, consequential or punitive damages, arising from or connected with the Hai Point Web Site, including but not limited to, your use of the Hai Point Web Site or your inability to use the Hai Point Web Site, even if Hai Point has previously been advised of the possibility of such damages. Exception: if you are a resident in the European Union, Hai Point does not exclude or limit its liability for death or personal injury resulting from negligence. Furthermore, neither Hai Point nor any third party provider has any responsibility to maintain the Hai Point Web Site, or ensure its accuracy. Hai Point has sole discretion as to the continuing availability of the Hai Point Web Site.
No Warranty as to Security
Information provided via the Internet enjoys varying degrees of security based in part on factors beyond Hai Point's control. You therefore agree that Hai Point is not responsible for the security of your information. Further, Hai Point makes no warranty of any kind regarding the security of the Hai Point Web Site or your information.
No Liability for Use
By using the Hai Point Web Site, you agree that Hai Point has no liability of any kind to you or third parties or any responsibility for your ability to access the Hai Point Web Site. Furthermore, by using the Hai Point Web Site, you agree that Hai Point shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability of any information contained in the Hai Point Web Site, and you further agree that Hai Point is not liable for damages of any type which may result from your use of the Hai Point Web Site, notwithstanding the fact that Hai Point may be informed of those facts. Furthermore, you agree that Hai Point has no responsibility to inform you whether any problems or complaints have resulted from the Hai Point Web Site.
No Solicitation or Recommendation
The information contained in the Hai Point Web Site has been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Hai Point is not soliciting any action based upon it. The information contained in the Hai Point Web Site is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal; or as an offer of services or participation. Although the material contained in the Hai Point Web Site is based upon information that Hai Point considers reliable, Hai Point has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such. The fact that Hai Point has made the Hai Point Web Site and its content available to you is neither a recommendation that you enter into a particular transaction, nor a representation that any product described on the Hai Point Web Site is suitable or appropriate for you. Many services described in the Hai Point Web Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisors, legal counsel, and tax and accounting advisors concerning any contemplated transactions.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on the Hai Point Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Hai Point and its affiliates, and their officers, directors, employees, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Hai Point Web Site or the use of the Hai Point Web Site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
General & Applicable Law
If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. Any action related to these Terms and Conditions of Use will be governed by the law of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or relating to these Terms and Conditions of Use and/or your use of the Hai Point Web Site.
Monitoring by Hai Point
Your use of the products and services on the Hai Point Web Site may be monitored by Hai Point, and the resulting information may be used by Hai Point for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization. For further information about how Hai Point collects, uses and discloses information, please refer to the Hai Point Privacy Policy.