- Your HiTechGrounds.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HiTech Grounds may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HiTech Grounds liability. You must immediately notify HiTech Grounds of any unauthorized uses of your blog, your account or any other breaches of security. HiTech Grounds will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. This Website is published by and reflects the personal views of the owner, chief editor and author of this blog, Erreka T. Campbell, and all authorized writers (“Contributors”), in their individual capacities. It does not necessarily represent the views of their law firms or companies (Polsinelli, PC, and any other firms or companies at which the Contributors are employed), or any of their clients or customers. This blog site is the Contributors’ personal project, and it is not sponsored or endorsed by any law firm or client. This blog site is intended to disseminate the Contributors’ personal views of various issues that arise in the context of emerging technologies, real estate and related topics. No representation is made about the accuracy of the information, which solely constitutes the Author’s personal view on these issues. The information contained in this blog site is provided only as general information and personal opinions, and blog topics may or may not be updated after being initially posted.By using this Website you understand and agree that no information is being provided in the context of any attorney-client relationship and that nothing is intended to constitute the Contributors’ legal advice. This Website is solely informational in nature, not intended as a substitute for competent legal advice from a licensed and retained attorney in your state, and should not be so used. You should not rely upon the legal accuracy or validity of any of this information, as it constitutes the private opinions of the Contributors only. To make informed legal decisions, you should always consult with your own lawyer for your personal legal needs.For the avoidance of doubt, the owner, chief editor and author of this blog, Erreka T. Campbell, is admitted to practice law in Texas, and nowhere else, does not intend to represent any reader or commenter, and none of the information presented herein is legal advice.
This Website is not intended to be attorney advertising, but rather contains the constitutionally protected legal, political, and social views of the Contributors. Nothing in this site should be interpreted as an advertisement of any sort that is not authorized by the laws and regulations of the state or country where you are located. The Contributors do not wish to represent anyone desiring representation based upon viewing this blog site in any state or country where to do so would fail to comply with any laws or ethical rules of that state or country.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
–the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
–if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
–you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
–the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
–your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
–your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
–you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HiTech Grounds or otherwise.
By submitting Content to HiTech Grounds for inclusion on your Website, you grant HiTech Grounds a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, HiTech Grounds will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Anything you disclose or offer to us HiTech Grounds or the Contributors through the Website, including e-mails, shall be deemed and shall remain the property of the HiTech Grounds. Anything disclosed or offered to HiTech Grounds or the Contributors is provided on a non-confidential basis with no obligation on such parties part to keep such information secret. Providing information does not create an attorney-client relationship between you and the Contributors or HiTech Grounds. By uploading or otherwise providing any information to HiTech Grounds or the Contributors, whether through the Website or otherwise, you hereby grant HiTech Grounds, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works for any purpose and in any media without compensation, and you warrant that all “moral rights” in uploaded materials have been waived.
Without limiting any of those representations or warranties, HiTech Grounds has the right (though not the obligation) to, in HiTech Grounds’ sole discretion (i) refuse or remove any content that, in HiTech Grounds’ reasonable opinion, violates any HiTech Grounds policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HiTech Grounds’ sole discretion. HiTech Grounds will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. HiTech Grounds has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, HiTech Grounds does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. HiTech Grounds disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which HiTechGrounds.com links, and that link to HiTechGrounds.com. HiTech Grounds does not have any control over those non-HiTech Grounds websites and webpages, and is not responsible for their contents or their use. By linking to a non-HiTech Grounds website or webpage, HiTech Grounds does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HiTech Grounds disclaims any responsibility for any harm resulting from your use of non-HiTech Grounds websites and webpages.
- Copyright Infringement and DMCA Policy. As HiTech Grounds asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HiTechGrounds.com violates your copyright, you are encouraged to notify HiTech Grounds in accordance with HiTech Grounds’ Digital Millennium Copyright Act (“DMCA”) Policy. HiTech Grounds will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. HiTech Grounds will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of HiTech Grounds or others. In the case of such termination, HiTech Grounds will have no obligation to provide a refund of any amounts previously paid to HiTech Grounds.
- Intellectual Property. This Agreement does not transfer from HiTech Grounds to you any HiTech Grounds or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HiTech Grounds. HiTech Grounds, HiTechGrounds.com, the HiTechGrounds.com logo, and all other trademarks, service marks, graphics and logos used in connection with HiTechGrounds.com, or the Website are trademarks or registered trademarks of HiTech Grounds or HiTech Grounds’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HiTech Grounds or third-party trademarks.
- Advertisements. HiTech Grounds reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
Attribution. HiTech Grounds reserves the right to display attribution links such as ‘Blog at HiTechGrounds.com,’ theme author, and font attribution in your blog footer or toolbar.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Changes. HiTech Grounds reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HiTech Grounds may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. HiTech Grounds may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HiTechGrounds.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. NEITHER HITECH GROUNDS NOR THE CONTRIBUTORS MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED IN THE WEBSITE. LIKE ANY PRINTED MATERIALS, THE INFORMATION PROVIDED IN THE WEBSITE MAY BECOME OUTDATED OVER TIME. NEITHER OF HITECH GROUNDS OR THE CONTRIBUTORS UNDERTAKE ANY OBLIGATION TO CORRECT OR UPDATE ANY CONTENT OR INFORMATION ON THIS SITE. HITECH GROUNDS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AND INFORMATION AT ANY TIME WITHOUT NOTICE, AND RESERVE THE RIGHT TO ALTER OR DELETE CONTENT AND INFORMATION ON THE SITE AT ANY TIME. ALL INFORMATION ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY SORT WHATSOEVER, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
- Limitation of Liability. NONE OF HITECH GROUNDS OR THE CONTRIBUTORS, THEIR FIRMS, NOR ANYONE ELSE WILL BE LIABLE FOR YOUR USE OF OR RELIANCE ON INFORMATION CONTAINED ON THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE. NEITHER SHALL HITECH GROUNDS, THE CONTRIBUTORS, THEIR FIRMS, THEIR COMPANIES OR ANYONE ELSE BE LIABLE FOR ANY INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE CONTENT OR MATERIALS ON THE WEBSITE, EVEN IF SUCH PARTIES ARE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, BUT IN NO EVENT SHALL ANY LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE WEBSITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
Indemnification. You agree to indemnify and hold harmless HiTech Grounds, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between HiTech Grounds and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HiTech Grounds, or by the posting by HiTech Grounds of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Texas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dallas, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HiTech Grounds may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.