Hawk Construction Term of Use
This Site is offered and available to users who reside in the United States or any of its territories or possessions or Canada or Mexico. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements; if you do not meet these requirements, you should not access or use the Site.
OWNERSHIP OF THE SITE AND CONTENTS
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, “look and feel,” video, and audio, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by or to Hawk and are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property, proprietary rights, or unfair competition laws. Any use of Hawk’s trademarks is strictly prohibited without the express permission from Hawk.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
Unless otherwise indicated on the Site or relevant materials, you may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials (certain areas require paid license fee prior to downloading any material). Any material printed or downloaded by you from this Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by Hawk. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you and all rights not expressly granted here are reserved by Hawk. You may not redistribute or sell the material or modify any copy made in accordance with these Terms in any respect.
USE OF THE SITE
Violate any applicable local, state, national or international law;
Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity;
Impersonate any person or entity, including but not limited to, a Hawk employee, another user, or any other person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post or transmit any Material that contains a virus, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Delete or revise any Material posted by any other person or entity;
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site or use any device, software or routine that interferes with the proper working of the Site;
Manipulate or otherwise display the Site by using framing or similar navigational technology; or
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Hawk product or service if you are not expressly authorized by such party to do so.
You also understand that Hawk cannot and does not guarantee or warrant that any files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
DISCLAIMER OF WARRANTIES
You understand that Hawk cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, HAWK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN no event will Hawk, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRETORS be liable for DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO use the Site, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR OTHER SUCH SITES, any information, service, or transactions provided on the site, or downloaded from the site, or any delay of such information or service, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, even if Hawk or its authorized representatives have been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Hawk’s liability is limited to the greatest extent permitted by law. The aggregate liability for the company to you for all claims arising from your use of the Site is limited to $100.
INDEMNIFICATION AND RESERVATION OF RIGHTS
You agree to indemnify, defend and hold harmless Hawk, 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 attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.
Hawk reserves the right to release current or past member or Site user information if Hawk believes that a member’s account or user is being used to commit unlawful acts, if the information is subpoenaed and/or if Hawk deems it necessary and/or appropriate.
THIRD PARTY RIGHTS
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Hawk and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Hawk reserves the right to terminate this Agreement without notice if, in Hawk’s sole discretion, you fail to comply with any of the terms of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation.
The Site may provide, or third parties may provide, links to non-Hawk sites or resources as a convenience to you (“Third-Party Sites”). Because Hawk has no control over such sites and resources, you acknowledge and agree that Hawk is not responsible for the availability of such Third-Party Sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by Hawk of such Third-Party Sites. You further acknowledge and agree that Hawk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Hawk will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
LIMITATION ON TIME TO FILE CLAIMS
Hawk’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Hawk may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Hawk. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially.
The views expressed by outside contributors and links to outside websites do not represent the views of Hawk, its affiliates, its management or employees.