BEFORE YOU PURCHASE, PLEASE READ THE TERMS AND CONDITIONS
OF THIS SUBSCRIBER AGREEMENT, INCLUDING LINKS CAREFULLY.
BY
PURCHASING AT HURRICANE BLASTER, YOU ARE AGREEING TO BECOME
A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF
THIS SUBSCRIBER AGREEMENT.
Subscriber
Agreement
The
Web site located at http://www.HurricaneBlaster.com ("Site")
is provided by HurricaneBlaster.com. Your access to and use
of the Site is governed by this Subscriber Agreement ("Agreement").
As used in this Agreement, "HurricaneBlaster.com,"
"we," "us'" or "our" refers
to HurricaneBlaster.com, and "you" or "your"
refers to you, the user of the Site. The Agreement below is
the agreement you consented to upon subscribing to the site.
The Agreement does not apply to use of the publicly available
Web Site maintained by HurricaneBlaster.com.
1.
Access and Passwords
As
part of the subscription process for this Site, you have selected
or been assigned a particular username and password in accordance
with HurricaneBlaster.com's username and password guidelines.
YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS
THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT
TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR
PASSWORD. You agree that all actions taken by you, or any
other user that accesses the Site using your username and
password, at or through the Site will be attributed to and
legally bind you, even with respect to acts for which the
user had no actual authority or made an error. You assume
all resulting liability from use of the Site and any services
available on it by you or others using your username or password.
If you lose your username or password, please contact us at:
trey@hurricaneblaster.com.
2.
Subscription Fees and Payments
You
can always find the current Subscription Fees posted on our
site. Your subscription will continue and renew automatically,
unless terminated by HurricaneBlaster.com or until you notify
HurricaneBlaster.com by email or as designated on the Site
of your decision to terminate your subscription. If there
are any annual, monthly, or similar periodic fees for your
subscription, these fees will be billed automatically to the
credit card designated during the registration process for
the Site or subsequently designated by you to HurricaneBlaster.com,
at the start of the annual, monthly, or similar period, and
at the start of each renewal period, unless you terminate
your subscription before the relevant period begins. You agree
to pay or have paid all fees and charges incurred in connection
with your username and password for the Site (including any
applicable taxes) at the rates in effect when the charges
were incurred. All fees and charges are nonrefundable. HurricaneBlaster.com
may change the fees and charges then in effect, or add new
fees or charges, by giving you notice in advance. All fees
and charges incurred in connection with your HurricaneBlaster.com
username and password will be billed to the credit card designated
during the registration process for the Site or subsequently
designated by you to HurricaneBlaster.com. If you want to
designate a different card or there is a change in credit
card validity or expiration date, or if you believe someone
has accessed the Site using your username and password without
your authorization, you may email us at trey@hurricaneblaster.com.
You are also responsible for any fees or charges incurred
to access the Site through an Internet service provider or
other third party service. YOU, AND NOT HurricaneBlaster.com,
ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT
CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3.
Privacy
Our
Privacy Notice is a part of this Agreement and its terms are
incorporated herein by this reference. Please read it now
at the link on our site.
4.
User Conduct
The
Site may contain bulletin board services, news groups, forums,
and/or other message or communication facilities ("Communication
Services") designed to enable you to communicate with
others. You agree to use the Communication Services only to
submit or post messages and material that are proper and,
when applicable, related to the particular Communication Service.
You are also prohibited from submitting to, posting or transmitting
through HurricaneBlaster.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited
to any material that encourages conduct that would constitute
a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international
law. Content that consists of or contains software viruses,
political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam" is prohibited.
You may not use a false email or postal address, impersonate
any person or entity, or otherwise mislead as to the origin
of your posted content.
Any
opinions, advice, statements, services, offers, or other information
that constitutes part of the content expressed or made available
by third parties are those of the respective authors or distributors
and not of HurricaneBlaster.com nor its affiliates, not any
of their officers, directors, employees, or agents. You acknowledge
that HurricaneBlaster.com does not pre-screen all content,
but that HurricaneBlaster.com and its designees shall have
the right (but not the obligation) in their sole discretion
to refuse or move any content that is made available via the
Communication Services. Without limiting the foregoing, HurricaneBlaster.com
and its designees shall have the right to remove any content
that violates this Agreement or is otherwise objectionable.
You specifically agree that HurricaneBlaster.com is not responsible
for any content sent using and/or included in the Site by
any third party.
5.
Copyright and Restrictions
This
Web site contains proprietary material of HurricaneBlaster.com
(or material that other suppliers have licensed to HurricaneBlaster.com
for their use) which is protected by copyright and other laws
respecting proprietary rights. HurricaneBlaster.com retains
all rights in the material and media, including (without limitation)
all copyright and other proprietary rights worldwide in all
media. You may not use HurricaneBlaster.com except as expressly
permitted under this Agreement and under U.S.
copyright laws. Any routine and/or systematic redistribution
of any portion of the products licensed herein is expressly
prohibited.
End
users who are duly authorized may Access HurricaneBlaster.com
for individual use, i.e., may view the information on screen;
may download small portions of the information to a computer
disk for personal convenience and later reference; and may
print paper copies of small portions for personal use only.
The
rights granted here are an expansion of the rights granted
under the Copyright Act and do not include any rights to reproduce
in its entirety any portion of the information or materials
contained therein. No part of the information may be duplicated
in any medium or format beyond the express terms of this Agreement
without prior written authorization from HurricaneBlaster.com.
Any use not authorized by the Agreement is prohibited and
is not a fair use under the U.S. copyright law.
You
acknowledge that the information (and the licensed materials
contained therein) is highly proprietary in nature and that
unauthorized copying, transfer or use may cause HurricaneBlaster.com
and/or HurricaneBlaster.com’s suppliers irreparable injury
that cannot be adequately compensated for by means of monetary
damages. You agree that any breach of this provision by you,
or any subscriber or end-user, may be enforced by HurricaneBlaster.com,
and/or any of HurricaneBlaster.com’s suppliers, by means of
equitable relief (including, but not limited to, injunctive
relief) in addition to any other available rights and remedies.
You
agree that any supplier of any portion of the licensed materials
may enforce its rights against you, even though that supplier
is not a party to the Agreement.
You
may not and may not permit others to: reproduce, publish,
distribute, sell, or otherwise access or use any material
retrieved from or contained in or on this Site in any manner
whatsoever that may infringe any copyright or proprietary
interest of HurricaneBlaster.com; distribute the information
contained in and/on this Site to other users not duly authorized
to Access the Site; distribute, rent, sublicense, lease, transfer
or assign the information or Agreement; decompile, disassemble,
or otherwise reverse-engineer this Site or information contained
in or on this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works.
Unauthorized reproduction, transfer, and/or use may be a violation
of criminal as well as civil law.
You
are expressly prohibited from placing or installing any portion
of the information on any electronic media, including, but
not limited to, local or wide area networks, timesharing services,
multiple processing units, multiple site arrangements, service
or software rental bureaus, list servers, online services,
electronic bulletin boards or forums, World Wide Web sites
or any other server that is Internet-enabled, without written
authorization by HurricaneBlaster.com.
If
you breach any provision of this Agreement, HurricaneBlaster.com
may immediately terminate this Agreement and all licenses
granted hereunder without prior notice and in addition to
any other available rights and remedies
6.
Limitations on Use
The
following activities are prohibited. You agree not to:
a.
Use Web-accelerated browsers or products (including but not
limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro),
or other applications that are capable of copying large portions
of content from the Site. HurricaneBlaster.com can detect
the use of these systems through live logfile analysis and
will ban any future use by offenders.
b.
Use robots and crawlers, or similar technology, without following
the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and
we will ban any offenders. If you are using a robot/crawler
to check HurricaneBlaster.com links, it must operate according
to the robot guidelines (see above). Do not leave new robots
unattended and allow a minimum of 1 minute between automated
requests.
c.
Use any device, software or routine or the like to interfere
or attempt to interfere with any Site functionality;
d.
Take any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure;
e.
Use any email addresses appearing on the Site for purposes
not relating specifically to the Site;
f.
Access the Site by any means other than through the interface
that is provided by HurricaneBlaster.com, or attempt or access
any area of the Site to which your access is not authorized;
or
g.
Reverse engineer, reverse assemble or otherwise attempt to
discover any source code relating the Site, except to the
extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
7.
Accuracy and Availability of Information
The
Site contains database information and other content compiled
by HurricaneBlaster.com. While we use commercially reasonable
efforts to provide accurate information, HurricaneBlaster.com
gives no warranty as to the accuracy of the database and other
content on the Site. HurricaneBlaster.com reserves the right
to withdraw or delete information or content from the Site
at any time.
8.
Links to Third Party Sites
HurricaneBlaster.com
does not endorse the content on any third-party Web site,
including Web sites of HurricaneBlaster.com's affiliates ("Third-Party
Sites"). HurricaneBlaster.com is not responsible for
the content of Third-Party Sites that you reach through links
on the Site, sites framed within the Site, or third-party
advertisements on the Site, and we do not make any representations
regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions
of use for such sites. Any transaction that you conduct at
a Third-Party site will be between you and the party providing
that Web site. This means that HurricaneBlaster.com is not
your agent and is not a party to any transaction at a Third-Party
Site.
9.
Representations and Warranties
You
represent and warrant to HurricaneBlaster.com that: (a) you
possess the legal right and ability to enter into this Agreement;
(b) all information submitted by you to the Site is true and
accurate; (c) you will be responsible for all use of your
username and password even if such use was conducted without
your authority or permission; (d) you are at least 18 years
old; and (e) you will not use the Site for any purpose that
is unlawful or prohibited by this Agreement.
10.
Disclaimer of Warranties
ALL
CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND
WITHIN THIS SITE BY HurricaneBlaster AND ITS AFFILIATES ARE
PROVIDED "AS IS" AND "WITH ALL FAULTS,"
WITHOUT WARRANTIES OF ANY KIND, AND HurricaneBlaster.com AND
ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, HurricaneBlaster.com DOES NOT
MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY
OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT
OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY;
(e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES
AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES,
FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR
SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA
OF PERFORMANCE OR QUALITY.
11.
Limitation of Damages
IN
NO EVENT WILL HurricaneBlaster.com OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR
SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND
EVEN IF HurricaneBlaster.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
12.
Limitation of Liability; Exclusive Remedy
ALSO,
IN NO EVENT WILL HurricaneBlaster.com OR ANY OF ITS AFFILIATES
BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS
OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY HurricaneBlaster.com
FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE
AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13.
Indemnity
You
agree to indemnify and hold us harmless, and pay our attorney's
fees and costs, if we become liable for or incur any damages
in connection with your breach of this Agreement. You may
not settle any dispute without our prior consent, which may
only be given in a non-electronic writing signed by an authorized
representative of HurricaneBlaster.com.
14.
Consent to Electronic Notices and Other Communications
You
agree that all of your transactions relating to the Site may,
at our option, be conducted electronically, including any
that we are otherwise required to provide in "writing".
For example, we may send you notices via postings at the Site
or via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal
with us electronically, you should not use the Site or enter
into this Agreement. If applicable law now or later requires
us to communicate with you non-electronically, we reserve
the right to charge a fee for doing so. Notice will be deemed
given 24 hours after the email is sent, unless (for email)
we are notified that the email address is invalid. Alternatively,
we may give you notice by mail to the address provided during
registration.
15.
Print a Copy for Your Records
You
agree to print or make an electronic copy of this Agreement
(and any amendment from time to time) and retain it in your
records. You also agree to make a copy of any other information
that we deliver to you in writing.
16.
Termination
HurricaneBlaster.com
may terminate your subscription and/or access, or suspend
access to all or part of the Site, without notice, for any
conduct that HurricaneBlaster.com, in its sole discretion,
believes is in violation of this Agreement, any applicable
law, or any act which is harmful to the interests of another
user, service provider, or HurricaneBlaster.com. HurricaneBlaster.com
may also elect not to renew your subscription and access by
providing a notice of nonrenewal prior to the end of your
current subscription term. Applicable sections of this agreement
will survive any termination or expiration of this Agreement.
Cancellation. I understand that I may cancel my account at
any time during the month upon telephone or email notice for
any succeeding months of service. (I agree that I must call
or email to cancel prior to my billing date to avoid paying
for the following month.) By purchasing HurricaneBlaster services,
I understand that this is a pre-paid service and there are
no refunds for any partial months that have been used prior
to or during the month in which I cancel. I agree I will not
charge back my credit card or debit card or dispute payment
at my bank account at any time prior to cancellation date
and If I do, I agree to pay a $50 bank processing fee for
damages and cost of collection.
17.
Assignment
You
agree not to assign your rights under this Agreement without
the consent of an authorized representative of HurricaneBlaster.com
in a non-electronic record, and any assignment without HurricaneBlaster.com's
consent will be voidable at HurricaneBlaster.com's option.
This Agreement will inure to the benefit of and bind the parties'
respective successors and permitted assigns.
18.
Applicable Law and Disputes
This
Agreement is governed by the laws of the State of Washington,
without regard to principles of conflict of laws.
To
the extent you have in any manner violated or threatened to
violate HurricaneBlaster.com and/or its affiliates' intellectual
property rights, HurricaneBlaster.com and/or its affiliates
may seek injunctive or other appropriate relief in any state
or federal court in the State of Washington, and you consent
to exclusive jurisdiction and venue in such courts.
Any
other disputes will be resolved as follows:
If
a dispute arises under this agreement, we agree to first try
to resolve it with the help of a mutually agreed-upon mediator
in the following location: Clark County. Any costs and fees
other than attorney fees associated with the mediation will
be shared equally by each of us.
If
it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the following location: trey@hurricaneblaster.com,
under the rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitration may be entered
in any court with jurisdiction to do so.
19.
Amendments
HurricaneBlaster.com
may change the provisions of this Agreement. When HurricaneBlaster.com
changes the terms of this Agreement, HurricaneBlaster.com
will notify you by email or online postings on this Site.
The changes will also appear in this document, which you can
access any time. You already agreed to be bound by the changes
when you first subscribed to the site. If you do not agree
to be bound by the changes, you should not use the Site again
and you should cancel your subscription to the Site. Even
if you have not clicked on the "I Agree" button
or checked the I agree box when subscribing, if you use the
Site after you have been notified of a change to this Agreement,
you are agreeing now to be bound by that change.
20.
Entire Agreement; Severability; No Waiver
This
Agreement (including all documents incorporated by reference)
is the entire agreement between the parties for its subject
matter and supercedes all prior and contemporaneous communications
between the parties. No term of this Agreement may be waived
by HurricaneBlaster.com except in a signed, non-electronic
writing signed by an authorized representative of HurricaneBlaster.com.
21.
General
If
any provision of this Agreement is found by a court of competent
jurisdiction to be invalid, the parties agree that its remaining
provisions will remain in full force and effect, provided
that the allocation of risks described herein is given effect
to the fullest extent possible. Our failure to act with respect
to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You agree
that no joint venture, partnership, employment or agency relationship
exists between you and HurricaneBlaster.com or its affiliates
as a result of this Agreement or your use of the Site.
HurricaneBlaster.com reserves the right to cancel or refuse
services to anyone for any reason at any time and to change
pricing or the nature of the service at any time without prior
notification. HurricaneBlaster.com makes no warranties of
any kind and will not be liable for any damages resulting
to you due to use of any of our services. I agree to receive
emails from HurricaneBlaster.com from time to time until I
ask to have my email address removed from their list.
I
agree to indemnify and hold the company harmless from any
claims resulting from my use of this service. At its sole
discretion, HurricaneBlaster.com may revoke my access for
inappropriate usage or abuse of service. I agree that I have
read the disclaimers on the web site.
Hurricane
Blaster