Welcome to hardhatbizcoach.com (the “website”). Hardhat Biz Coach provides this website as a service to the general public and its members, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement (the “Agreement”). If you do not accept any of these terms, you are not authorized to use the website. Hardhat Biz Coach reserves the right to change any of the terms and conditions contained in this Agreement at any time, without notice to you. Your continued use of this website following the posting of any changes to this Agreement constitutes your acceptance of such new term(s).
DESCRIPTION OF SERVICE; MODIFICATIONS TO SERVICE
Hardhat Biz Coach currently provides users access to a wide scope of resources and information about the construction business. Hardhart Biz Coach provides its members opportunities, workshops, training courses and templates(collectively “The Service”). Hardhat Biz Coach reserves the right to modify, suspend, or discontinue on a temporary or permanent basis any section or page of this website, in whole or in part, at any time and for any reason without prior notice to you. You agree that Hardhat Biz Coach shall not be liable to you or to any third party for any such modification, suspension, or discontinuance.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
As an option, users may register and create a personal account profile to provide more personalized information. If you choose to become a registered user of our sites, you agree to provide us with true, accurate, and current information and to update your information regularly. Users are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under their account. Hardhat Biz Coach does not retain liability or responsibility for such use.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that Hardhat Biz Coach may establish general practices and limits concerning use of the Hardhat Biz Coach website, including without limitation the maximum number of days that e-mail messages, message board postings, or other uploaded content is retained by the website, the maximum number of e-mails that can be sent or received by an account, the maximum storage space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that Hardhat Biz Coach has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Hardhat Biz Coach website servers. You acknowledge Hardhat Biz Coach has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hardhat Biz Coach reserves the right to change these general practices at any time with or without notice.
REGISTERED USER CONDUCT
You understand that all information, data, text, photographs, graphics, messages, or other materials (“Content”) publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not Hardhat Biz Coach, bear all risks and liabilities for all Content that you upload, post, e-mail, transmit or otherwise make available via the service. You agree to not use the service to:
- upload, post, e-mail, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);
- upload, post, e-mail, transmit, or otherwise make available any material that contains any software “virus,” “worm,” “trojan horse” or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, e-mail, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Hardhat Biz Coach official or any Hardhat Biz Coach affiliate, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with or disrupt the website or any servers or networks connected to this website, or disobey any requirements or policies of networks connected to this website;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- harm minors in any way;
- “stalk” or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge and agree that this list is not intended to be complete, but merely illustrative. Hardhat Biz Coach reserves the right in its sole and final judgment to determine whether certain conduct violates this User Conduct section. You further acknowledge and agree that Hardhat Biz Coach and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. Hardhat Biz Coach and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Hardhat Biz Coach may preserve Content and may also disclose Content to any third party in Hardhat Biz Coach’s sole discretion.
By submitting communications or Content to any part of this website where such Content would be viewable by the public (e.g., posting on a public forum/bulletin board, public chat, or other public communication), you agree that such submission is nonconfidential for all purposes. You also represent and warrant that:
- you own all legal rights to the Content that you submit;
- publication of the Content on this website will not infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- you have complied with all of the terms and conditions contained in this Agreement; and
- all personally identifiable information that you provide us about individuals other than yourself is provided in accordance with all applicable privacy laws (e.g., FERPA), is in accordance with all applicable policies of the institutions and employers with which you are affiliated, and is in accordance with the standards of the professions of which you are a member.
You also acknowledge and agree that by posting or submitting any Content on this website, you hereby grant to Hardhat Biz Coach the following:
- a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media or medium, or any form, format, or forum now known or hereafter developed; and
- the right to use the name and contact information that you submit in connection with such Content, if we so choose. You agree that you will not be compensated for any Content you submit to our sites unless expressly contracted in writing to do so.
You agree that Hardhat Biz Coach, in its sole discretion, may terminate your password, account (or any part thereof), or use of this Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hardhat Biz Coach believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access may be effected without prior notice, and you acknowledge and agree that Hardhat Biz Coach may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that Hardhat Biz Coach shall not be liable to you or any third party for any termination of your access to the Service.
DISCLAIMER OF WARRANTY
YOU AGREE THAT:
- YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” OR “AS-AVAILABLE” BASIS. Hardhat Biz Coach EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- Hardhat Biz Coach MAKES NO WARRANTY THAT:
- THE CONTENT AVAILABLE VIA OUR SITES IS ACCURATE, RELIABLE, OR CORRECT;
- THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR THE MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS;
- THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED; AND
- CONTENT AVAILABLE VIA OUR SITES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CERTAIN EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree that you will indemnify (hold harmless) Hardhat Biz Coach and its officers, directors, employees, agents, volunteers, and affiliates from all third-party claims arising out of or in connection with the following:
- any Content that you upload, post, e-mail, transmit, or otherwise make available on our website;
- your use of this website;
- your connection with this website; and
- your violation of any term or condition of this Agreement.
You agree that you will indemnify (hold harmless) Hardhat Biz Coach and its officers, directors, employees, agents, volunteers, and affiliates from all third party claims arising out of or in connection with your access or use of or your inability to access or use this website. This includes, but is not limited to, information or materials viewed or downloaded from this website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will Hardhat Biz Coach or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
YOU AGREE THAT Hardhat Biz Coach, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AND AFFILIATES SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. THIS LIMITATION APPLIES WHETHER Hardhat Biz Coach HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER BASIS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You acknowledge that the opinions and recommendations contained in this website are not necessarily those of Hardhat Biz Coach or endorsed by Hardhat Biz Coach. Hardhat Biz Coach may provide links on the website to other websites that are not under the control of Hardhat Biz Coach. In general, any website that has an address (or URL) that does not contain “hardhatbizcoach.com” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by Hardhat Biz Coach of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
USAGE OF CONTENT
Unless otherwise indicated, all information contained on this website, such as text, graphics, logos, button icons, images, and audio clips is copyrighted by and proprietary to Hardhat Biz Coach and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Hardhat Biz Coach’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard-drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses that do not harm the reputation of Hardhat Biz Coach, provided that the user does not remove any trademarks, copyright, and any other notice contained in such Content.
DEALINGS WITH ADVERTISERS
To defray the costs associated with providing our sites, Hardhat Biz Coach may sell advertising space on the service. We do not examine or evaluate the products, services, or offerings of advertisers found on our website. Accordingly, we do not warrant any products, services, or offerings of such advertisers. Your correspondence or dealings with such advertisers are solely between you and the advertiser. You agree that Hardhat Biz Coach shall not be held liable for any loss or damage incurred as a result of any such correspondence or dealings.
THIRD-PARTY CONTENT AND SERVICES
Since we provide a variety of resources on our website, it may be necessary for us to use third parties to contribute Content and offer services. Any Content or services made available by third parties on our sites are those of the respective authors and not of Hardhat Biz Coach. Hardhat Biz Coach neither endorses nor is responsible for the accuracy, reliability, or correctness of such Content or services.
Hypertext Linking. Hardhat Biz Coach encourages and permits text links to Content on the website, www.hardhatbizcoach.com, provided: (a) any text-only link must clearly be marked “Hardhat Biz Coach: The Association of Learning Providers”; (b) the appearance, position, and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with Hardhat Biz Coach’s name and trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than Hardhat Biz Coach is associated with, endorsed by, or sponsored by Hardhat Biz Coach; (d) the link, when activated by a user, must display this website full-screen and not with a “frame” on the linked website; and (e) Hardhat Biz Coach reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. Hardhat Biz Coach is not responsible for the information or materials contained on the host website. Links to this website are provided for convenience of reference only and are not intended as an endorsement by Hardhat Biz Coach of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
This website (excluding linked sites) is controlled by Hardhat Biz Coach, which is headquartered in the California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the District of Dale City, Virginia, by accessing this website both you and Hardhat Biz Coach agree that the statutes and laws of the California, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this website. You and Hardhat Biz Coach also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of the California and/or the United States District Court for the California with respect to such matters. Hardhat Biz Coach makes no representation that materials on the website are appropriate or available for use in other locations, and accessing this website from territories where its Content is illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
This Agreement constitutes the entire agreement between you and Hardhat Biz Coach governing your use of our website and supersedes any prior agreements, if any, between you and Hardhat Biz Coach relating to any matter dealt with in this Agreement. You may also be subject to additional terms that apply when you deal with advertisers or use links or third-party Content or services.
If you have any questions or comments regarding this Agreement, please contact us.