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Web Site User Agreement
- The henckert.com network of Web Sites and related Internet media
properties (the "Site") is an online information service provided by Henckert
Group of Companies ("henckert.com"), subject to your compliance with the
terms and conditions set forth below.
- PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. HENCKERT.COM MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
- Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights and
trademarks are henckert.com, its affiliates or other third party licensors.
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. 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. You agree to grant to henckert.com a non-exclusive,
royalty-free, worldwide, sub-licensable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or improved
products and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to henckert.com by all
means and in any media now known or hereafter developed. You also grant to henckert.com
the right to use your name in connection with the submitted
materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall
have no recourse against henckert.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
henckert.com. If you believe that content appearing on the Site constitutes
copyright infringement of another party's rights, please follow the
instructions on our Copyrights and
Copyright Agent page.
- Henckert Online!, Namibia Direkt!, Henckert Tourist Centre, Henckert
Enterprises, Henckert Engineering, The Weaver's Barn, HJ Henckert Art Gallery
and/or any other names of henckert.com or its Web sites, publications,
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of henckert.com, including the "look" and
"feel" of the Site, henckert.com's color combinations, layout, and all other
graphical elements. Any use of henckert.com's trademarks is strictly
prohibited without the express permission from henckert.com. Other product and
company names mentioned in the Site may be the trademarks of their respective
owners.
- You understand that, except for information, products or services clearly
identified as being supplied by henckert.com, henckert.com does not operate,
control or endorse any information, products or services on the Internet in
any way. Except for henckert.com- identified information, products or
services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties that are not affiliated
with henckert.com. You also understand that henckert.com cannot and does not
guarantee or warrant that 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.
In connection with your use of the Site, you agree you will not:
- 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, an henckert.com
official, forum leader, guide or host 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 or corrupted data;
- Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication feature;
- Use the Site's communication features in a manner that adversely
affects the availability of its resources to other users (e.g., excessive
shouting, use of all caps, or flooding continuous posting of repetitive
text);
- 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;
- Violate any applicable local, state, national or international law;
- Upload or transmit any Material that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party; or
- Delete or revise any Material posted by any other person or entity.
- YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. HENCKERT.COM PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
HENCKERT.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR
MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. HENCKERT.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH
MATERIALS.
LIMITATION OF LIABILITY
- IN NO EVENT WILL HENCKERT.COM BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND
THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF HENCKERT.COM OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. 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, HENCKERT.COM'S LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
- You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of the Site
and all charges related thereto.
- You agree to indemnify, defend and hold harmless
henckert.com, 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.
- The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of henckert.com 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.
- Either party without notice may terminate this Agreement at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights)
and 11 (Miscellaneous) shall survive any termination of this Agreement.
- Recognizing the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data,
e-mail, or privacy. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the Republic of
Namibia
or the country in which you reside.
- Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the payment and delivery of
related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. You agree that henckert.com shall not be responsible or liable
for any loss, damage or other matters of any sort incurred as the result of
any such dealings.
- The Site may provide, or third parties may provide, links to
non-henckert.com Internet World Wide Web sites or resources. Because
henckert.com has no control over such sites and resources, you acknowledge and
agree that henckert.com is not responsible for the availability of such
external 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. You further acknowledge and agree that
henckert.com 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 site or resource.
- This Agreement shall all be governed and construed in accordance with the
laws of the Republic of Namibia applicable to agreements made and to be
performed in Namibia. You agree that any legal action or proceeding
between henckert.com and you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in the Magistrate's Court of
Karibib, Republic of Namibia.
- Any cause of action or claim you may have with respect to the Site must be
commenced within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. henckert.com'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. henckert.com 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 Web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of henckert.com Corporation. We wish to caution you that these
statements are only predictions and that the actual events or results may
differ materially. The company files documents from time to time with the
Securities and Exchange Commission, specifically, our most recent prospectus.
These documents contain and identify important factors that could cause the
actual results to differ materially from those contained in our projections or
forward-looking statements. They include, among others, potential fluctuations
in quarterly results, retention and dependence on personnel; dependence on
Internet advertising and a limited number of advertisers, rapid technological
and market change, competition, risks associated with Internet infrastructure,
volatility of stock price, limited protection of intellectual property, and
future growth subject to risks.
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