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TERMS AND CONDITIONS OF USE
THE MATERIAL CONTAINED IN THIS WEBSITE WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND GREAT CARE WAS TAKEN TO PROVIDE ACCURATE INFORMATION. HOWEVER, HORN CREEK PRODUCTIONS LLC, ITS SUBSIDIARIES AND ITS ASSIGNS CAN NOT BE RESPONSIBLE FOR THE CORRECTNESS OF THE INFORMATION CONTAINED IN THIS WEBSITE, NOR ARE THEY ENGAGED IN RENDERING LEGAL, PROFESSIONAL OR ACCOUNTING ADVICE. READERS ARE URGED TO SEEK THE SERVICES OF A COMPETENT PROFESSIONAL, IF APPLICABLE.
RESPONSIBILITY FOR USE OF ANY AND ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN IS STRICTLY AND SOLELY THAT OF THE USER. WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, SERVICE, CLIENTS, INFORMATION, OR ANY OTHER PECUNIARY LOSS.
WE ARE NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY ARE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANYTHING, TO OBTAIN THE PRODUCT OR SERVICE.
THE CONTENTS OF THIS WEBSITE ARE PROVIDED AS INFORMATION ONLY. JUDGMENT AND DISCRETION ARE REQUIRED AND ENCOURAGED.
WE SOMETIMES PROVIDE LINKS TO OTHER SITES. WHILE WE MAKE EVERY EFFORT TO ONLY LINK TO USEFUL, RELIABLE AND ETHICAL SITES, SUCH LINKS SHOULD NOT BE SEEN AS AN ENDORSEMENT OR APPROVAL OF ANY INFORMATION OR RESOURCES PROVIDED AT THOSE SITES. HORN CREEK PRODUCTIONS IS NOT RESPONSIBLE FOR AND HAS NO CONTROL OVER THE CONTENT OR PRACTICES OF ANY SITES THAT MAY BE LINKED TO US. WE RECOMMEND THAT YOU PERFORM YOUR OWN "DUE DILIGENCE" BEFORE CONDUCTING ANY BUSINESS WITH THEM.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY EMAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF HORN CREEK PRODUCTIONS. THIS, OF COURSE, EXCLUDES THE DOWNLOADING AND TEMPORARY CACHING OF THIS WEBSITE ON A PERSONAL COMPUTER FOR THE EXPLICIT PURPOSE OF VIEWING THIS WEBSITE AS WELL AS WHERE OTHERWISE INDICATED.
WORDS, PHRASES, ADS AND GRAPHICS, WHETHER FOLLOWED BY "TM" OR NOT, ARE TRADEMARKS AND SERVICEMARKS OF HORN CREEK PRODUCTIONS LLC, OR BY THEIR RESPECTIVE OWNERS, WHERE INDICATED. THE ENTIRE WEBSITE, INCLUDING SOURCE CODE AND CONTENT, COPYRIGHT 2002 HORN CREEK PRODUCTIONS LLC. ALL RIGHTS RESERVED.
THIS ENTIRE AGREEMENT, INCLUDING DISCLAIMERS AND LEGAL NOTICES LISTED HEREIN, SUPERSEDES ALL OTHER AGREEMENTS, WHETHER IMPLIED OR STATED, AND IS CONSTRUED UNDER THE LAWS OF THE UNITED STATES AND SPECIFICALLY THOSE OF THE STATE OF MISSOURI, AND SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI AS APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY WITHIN ITS JURISDICTION.
IF WE BELIEVE THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF HORN CREEK PRODUCTIONS OR ITS AFFILIATES, YOU AGREE THAT WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF MISSOURI, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.
IF A DISPUTE ARISES UNDER THIS AGREEMENT, YOU AGREE THAT WE WILL FIRST SEEK TO RESOLVE IT WITH A MEDIATOR, TO BE MUTUALLY AGREED-UPON, IN KANSAS CITY, MISSOURI.. ANY COSTS AND FEES OTHER THAN ATTORNEY FEES WILL BE SHARED EQUALLY BY YOU AND US.
IF SOLUTION THROUGH MEDIATION FAILS, YOU AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION, IN KANSAS CITY, MISSOURI, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE AWARD RENDERED BY ARBITRATION MAY BE ENTERED IN ANY COURT WITH APPROPRIATE JURISDICTION.
HOIRN CREEK PRODUCTIONS MAY MODIFY THESE TERMS AND CONDITIONS OF USE, AND THE AGREEMENT THEY CREATE, AT ANY TIME SIMPLY BY UPDATING THIS DOCUMENT ON THE WEB SITE AND WITHOUT NOTICE TO YOU. THIS IS THE ENTIRE AGREEMENT BETWEEN YOU AND US.
Thanks!
Wes Hopper and the HCP staff
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