HIGHWAY SAFETY AND TECHNOLOGY, INC.(“HST”)PRIVATE
USER AGREEMENT
TERMS AND CONDITIONS
This Agreement is to specify the terms and conditions of the services offered and available from HST under the domain name of www.highwaysafetyandtechnology.com.
Paragraph No. 1: Acceptance of Terms.
Prior to using any of the services of HST You must read, agree, and accept to all terms and conditions in this Agreement as well as the Privacy Policy of HST. Your utilization of the HST site shall constitute the acceptance of the terms and conditions contained in this User Agreement. Those terms and conditions include all terms and conditions as set forth below. By utilizing the website, You hereby acknowledge and represent You have read and understood this User Agreement and Privacy Policy and accept all of the terms and conditions therein.
If You do not accept this User Agreement or Privacy Policy You may not use the services provided by HST or engage the HST website in any manner.
Paragraph No. 2: Amendment of User Agreement and Privacy Policy. At any time, HST may, in its sole discretion, amend any of the existing terms or conditions of the User Agreement and/or the Privacy Policy. Each time You seek on-line access to HST, You thereby assent to this User Agreement and Privacy Policy or the current version thereof incorporating any, and all, amendments therein.
Paragraph No. 3: Eligibility Requirements.
The goods and services offered by HST to the public and governmental entities are available only to individuals, entities, or political subdivisions capable of entering into legally binding contracts under applicable Federal, State or Local Law. Further, You will not be eligible to use, or in any way engage, in HST goods and services should HST determine, in its sole and exclusive discretion, that Your usage or engagement would be inappropriate, unlawful or in violation of any law or regulation.
Paragraph No. 4: Relationship of HST to Public.
The HST website is a venue for the public to learn and otherwise become educated in the science of cellular phone detection systems and other highway products as introduced by HST from time to time. Other than the foregoing, no other relationship with the public exists except as otherwise hereafter amended in the discretion of HST.
Paragraph No. 5: Indemnification of HST.
You unconditionally release HST, its officers, directors, owners, agents, representatives, employees, and subsidiaries from any and all claims, damages, and demands (actual and/or consequential) of each and every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any manner connected with any dispute or loss from Your usage of the HST website(s) and the services or goods offered.
Paragraph No. 6: Warranties.
HST offers no warranties, express or implied, other than those specifically given to an individual or entity in writing after the acquisition of specific goods and services from HST. No warranties, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose are given or provided with respect to any goods or services of HST other than those in writing given in strict accordance with those granted after the actual purchase of goods and/or services. As consideration for HST permitting the use of its website, you acknowledge and waive any claim to invalidate or negate the release given hereunder which may be afforded to You as a resident of the State in which you reside. For example, if you are a resident of the State of California, You waive the provision of California Civil Code Annotated Section 1542 which states generally, "...A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Paragraph No. 7: General User Obligation.
All individuals or entities that use or contact the HST website and database understand and acknowledge that it is a commercially valuable proprietary product of HST. The design and development of which have involved expenditures of substantial amounts of time and money and which affords HST commercial advantage over its competitors. You understand any loss of this competitive advantage due to any unauthorized reproduction, downloading, or use of material disseminated could cause substantial damage to HST. You further acknowledge You are granted on-line access to HST in consideration of and only upon Your agreement to the terms and conditions under this User Agreement and any amendments thereto. You agree not to copy or duplicate, nor permit any other individual or entity to copy or duplicate any portion of the HST website or database, except as expressly permitted under the terms and conditions of this Agreement.
Paragraph No. 8: Obligations and Representations of Users.
You unequivocally understand that You alone are solely and exclusively responsible for investigating whatever due diligence is deemed necessary to consummate an anticipated transaction with HST. You understand as follows:
A. HST makes absolutely no representations or warranties, implied or statutory, with respect to any warranty of title, merchantability, fitness for particular purpose, or of non‑infringement.
B. HST specifically advises any/all Users to ascertain the ability under State and local law to use or apply the products and services offered by HST in their particular jurisdiction and/or venue. It is Your sole obligation to carry out and perform such searches and investigations to determine the existence or non-existence any such law, regulation, or statute which would impair or preclude the utilization of the goods and services offered by HST in your particular venue or applicable jurisdiction.
C. You understand and acknowledge HST has not conducted any search or investigation as to the right or ability to use or engage the goods or services offered by HST with respect to any equipment and/or product.
Paragraph No. 9: Disclaimer and Limitation of Liability and Indemnification.
HST, its website and services, including all goods offered hereunder, its content, and other information is disseminated through the website on an "as is" basis without any representations or warranties, express, implied, or statutory, including without limitation, warranties of title, merchantability, fitness for a particular purpose, and non-infringement. If You are dissatisfied with the website or any particularity of the website, your sole and exclusive remedy is to discontinue using the website and service. HST makes no warranty regarding any equipment and/or product purchased through the website or any transaction whether consummated or not, procured or obtained through the HST website other than that in writing as above referenced.
Further, in no event shall HST be responsible or liable for any damage of any kind or nature arising from the use of, or inability to use, the HST website in any manner.
You agree to indemnify and hold HST, its owners, officers, directors, agents, representatives, employees, and subsidiaries from any and all claims, damages, and demands (actual and/or consequential) of each and every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any manner connected with any dispute from Your usage of the HST website(s) and the goods or services offered.
Paragraph No. 10: Miscellaneous provisions.
This Agreement shall be governed and construed under and in accordance with the law of the State of Ohio, United States of America, without giving affect to any choice of law rules which may require the application of laws within another jurisdiction.
If any provisions of this Agreement may be found to be void, invalid, or unenforceable by any Court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
HST does not guarantee continued uninterrupted service or secure and safe access to the website. You should be aware the disclosure of any personal and/or confidential information on the HST website is done so with full knowledge and at Your own risk. Any submitted or proffered information may be retained, collected, and used by others for purposes inconsistent with the HST website which may include unsolicited messages, advertisements, and other legitimate or illegitimate purposes.
The terms and conditions set forth in this Agreement along with any documents or statements incorporated herein constitute the absolute and complete understanding and agreement between HST and any/all vendors, vendees, customers, users, and any other individual or entity with respect to the use of the website.
The waiver of any provision, term or condition shall be invalid unless otherwise specifically acknowledged, in writing, by HST.