Terms and Conditions of Use
Please read these terms and conditions carefully before using this Gibson Hasbrouck & Associates web site (the “GHA Site”). By using the GHA Site, you are agreeing to these terms and conditions. If you do not agree with any of these terms, please do not use the GHA Site.
Proprietary Rights and License
- The GHA Site is the property of Gibson Hasbrouck & Associates (“GHA”), and is protected by applicable copyright and
trademark laws. All copyrights, trademark, and other proprietary rights in the GHA Site, and in all software, text, graphics, design
elements, and all other materials on the GHA Site are reserved to GHA. You may temporarily download one copy of the materials (information
or software) on the GHA Site for your personal, non-commercial transitory viewing only, and you may print one copy for your personal
use. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the GHA Site;
- reproduce, upload, post, transmit, download, or distribute any materials;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by GHA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.
- The GHA Site is the property of Gibson Hasbrouck & Associates (“GHA”), and is protected by applicable copyright and trademark laws. All copyrights, trademark, and other proprietary rights in the GHA Site, and in all software, text, graphics, design elements, and all other materials on the GHA Site are reserved to GHA. You may temporarily download one copy of the materials (information or software) on the GHA Site for your personal, non-commercial transitory viewing only, and you may print one copy for your personal use. This is the grant of a license, not a transfer of title, and under this license you may not:
Web Site Content.
The GHA Site has sections that provide you the opportunity to exchange ideas and information. GHA is not responsible for any materials posted by others on the GHA Site, which may not reflect the views and opinions of GHA. While using the GHA Site, please do not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. Although GHA has no obligation to screen, edit, or review posts, it reserves the right to monitor posts and remove any which it considers, in its sole discretion, to be in breach of these Terms and Conditions of Use, and to deny access to anyone who violates these Terms and Conditions of Use. By posting or submitting material to these pages you represent that you have all necessary rights in and to such material; that such material will not infringe on any personal or proprietary rights of any third parties; that such material will not contain defamatory, indecent, or otherwise unlawful content; and that such material will not contain any viruses or other destructive features. You authorize GHA to use and/or authorize others to use such material in any manner or medium. GHA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE THEREOF.
GHA MAKES NO REPRESENTATIONS OR WARRANTIESWITH RESPECT TO THE GHA SITE OR ITS CONTENTS (INCLUDING WITHOUT LIMITATION MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GHA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GHA SITE. FURTHER, GHA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE MATERIALS ON THE GHA SITE OR ON ANY SITES LINKED TO THE GHA SITE, OR THAT THE SERVICES PROVIDED BY THE GHA SITE WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GHA SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS.
Limitation of Liability and Claims
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL GHA, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE GHA SITE BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA, OR DUE TO BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE GHA SITE, EVEN IF GHA OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE. IN THE EVENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, GHA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) WILL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE GHA SITE. Any action on any claim against GHA must be brought within one year following the date the claim first accrued, or it will be deemed waived.
Revisions and Errata
The materials appearing on the GHA Site could include technical, typographical, or photographic errors. GHA does not warrant that any of the materials on the GHA Site are accurate, complete, or current. GHA may make changes to the materials contained on the GHA Site at any time without notice. GHA does not, however, make any commitment to update the materials.
Links to Other Sites
Links to other web sites may appear from time to time on the GHA Site, to offer additional resources on related subjects, but GHA has not reviewed all of these linked sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GHA of the site. Use of any such linked web site is at the user's own risk.
Modifications of Terms and Conditions of Use
GHA may revise these Terms and Conditions of Use at any time without notice. By using the GHA Site after the posting of changes you are agreeing to accept all such changes.
Governing Law, Venue, and Jurisdiction
Any claim relating to the GHA Site shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions of Use shall be filed only in the state or federal courts located in Massachusetts. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.
Compliance with Local Laws.
The GHA Site is controlled and operated by GHA in the United States and is intended for use within the United States. GHA makes no representation that materials on the GHA Site are appropriate or available for use in other locations. Those who choose to access the GHA Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Digital Millennium Copyright Act Compliance
If you believe that any materials posted on the GHA Site by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:
Gibson Hasbrouck & Associates
3801 North Capital of TX Hwy
Austin, TX 78746-1482
Your notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
- Identification of the allegedly infringing material on the GHA Site, and information reasonably sufficient to permit us to locate such material on the GHA Site;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
- A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
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