PO QUALITY TERMS AND CONDITIONS FOR SUPPLIERS - FORM 326 REV B (link)
This page states the Terms and Conditions (the “General Terms” or the “Agreement”) under which any User (“User”) may use the HMF Web Site located at http://www.HMFGroup.com (the “Web Site”). Please read this page carefully. By accessing and using the Web Site, User accepts and agrees to be bound, without modification, limitation, or qualification, by these Terms. If User does not accept any of the Terms stated here, User must not use the Web Site. The right to access and use the Web Site is not transferable to any person or entity. HMF may, at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are bound by any such modification or revision and should therefore visit the Terms & Conditions page periodically to review the Terms.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB SITE.
Section 1. Changes
HMF reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. HMF shall not be liable to any User or to any third party for any such modification, suspension, or discontinuance.
Section 2. Rights and Ownership
The contents of the Web Site, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Web Site (“Material”) are protected by applicable copyright, trademarks, and other proprietary rights, and are owned or controlled by HMF or by third parties that have licensed their Material to HMF. The copying, redistribution, use, or publication by you of any such Materials or any part of this website is strictly prohibited. Unauthorized use of the Material may violate copyright, trademark, the laws of privacy and publicity, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part, or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download HMF’s copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of HMF and the copyright owner. In the event of any permitted copying, redistribution, or publication of the Material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material. The trademarks, logos, and service marks (the “Marks”) displayed on the Web Site are owned by HMF or third parties. User is prohibited from using those Marks without the express, written permission of HMF or such third party. HMF and all related logos, whether or not registered, are trademarks belonging to HMF. All rights reserved. All other trademarks appearing on the Web Site are the property of their respective owners.
Section 3. Links
HMF may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by HMF of the contents on such third-party Web sites. HMF is not responsible for the content of linked third-party sites. HMF exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party Web sites, and is not responsible or liable for the availability thereof or the content, advertising, products, or other materials contained thereon. HMF shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Users acknowledge their use of these third party websites is at their sole risk.
Section 4. Representations and Warranties – Liability Disclaimers
User represents, warrants, and covenants that (a) they will use the Web Site for lawful purposes only (b) no materials of any kind submitted through their account which (i) violate or infringe in any way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene, or profane in the sole discretion of HMF, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or (iv) contains any advertising or solicitation with respect to products or services (without the express prior written approval of HMF). The Material may contain inaccuracies or typographical errors. HMF makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. Advice received via this Web site should not be relied upon for personal, legal, or financial decisions and User should consult an appropriate professional for specific advice tailored to their situation.
USER EXPRESSLY AGREES THAT USE OF THE WEB SITE IS AT USER’S SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AND HMF AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEB SITE WILL RUN UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE ASSOCIATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR ACCURACY, RELIABILITY, OR OTHERWISE. USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT NECESSARILY INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS, AND CONDITIONS APPLICABLE TO THE PRODUCTS AND SERVICES, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
Section 5. Disclaimers of Certain Damages
Section 6. Indemnity
User agrees to defend, indemnify, and hold harmless HMF its officers, directors, employees, and agents, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from any use of the Web Site and any Material contained therein by User or by User’s breach of the terms of this Agreement.
Section 7. Securities Laws
Our Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objections that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, which may be beyond our control. Use of words like “anticipates”, “expects”, “seeks”, “believes”, “intends”, and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. NOTHING CONTAINED IN OUR WEBSITE CONSTITUTES AN OFFER TO SELL OR SOLICITATION OR OFFER TO BUY ANY SECURITIES; SUCH SECURITIES WILL BE SOLD ONLY PURSUANT TO SPECIFIC OFFERING MATERIALS PROVIDED TO PROSPECTIVE QUALIFIED INVESTORS.
Section 8. Security
Section 9. General
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California without giving effect to any principles of conflicts of law. By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User’s use of the Web Site shall be either any state court for or within Orange County in the State of California and the United States District Court for the Western District of California. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the venue of any such proceeding and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.