TERMS AND CONDITIONS
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms herein. You agree to be financially responsible for all of your use of this website. You also warrant that all information supplied by you is true and accurate and without limitation. You agree that if purchasing facilities are made available for your use through the website, the purchasing facilities shall be used only to make legitimate purchases for you. You shall be completely responsible for all charges, fees, taxes, and assessments arising out of the use of the website.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this website (“Materials”) is the property of Havoc. The downloading, reproduction, or retransmission of Havoc Materials is strictly prohibited. This website is to be used by Authorized Users for personal use only. Commercial uses of this website are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of Havoc; ( b) interfere with or disrupt networks connected to the website; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the website or any transactions being offered through the website; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the website or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the website which violates any local, state, federal or international law; (f) deliver any communication to or through the website that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the website that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This website and the Materials may contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Havoc. No license or right to any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Havoc is granted to or conferred upon you. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this website except as permitted in this Agreement. The use of any Materials from the website on any other internet, intranet, web or other site or computer environment is prohibited.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are the copyrighted property of Havoc. All contents of the website are protected by United States and international copyright laws. Trademarks owned by Havoc may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.
SUBMISSION OF CONTENT
Any submission to Havoc is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to Havoc and its designees a perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use any ideas, photos or other materials you submit (collectively the “Content”) to Havoc and/or the website without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content to the Site, you are giving Havoc permission to publish such Content to any Havoc maintained material including, but not limited to: websites, e-mail campaigns, social media pages, radio and television.
Havoc shall have the right, but not the obligation, to monitor the content of the website at all times, including any chat rooms and forums that are or may hereinafter be included as part of the website, to determine compliance with this Agreement and any operating rules established by Havoc, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Havoc shall have the right, but not the obligation, to remove any material that Havoc, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
This website may include links to other web sites. Havoc may provide such links solely as a convenience to you and for informational purposes only. Havoc has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Havoc’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Havoc shall not be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk. Other websites may include links to the website. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the website.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the website. You are responsible for maintaining the confidentiality and security of your login and password and accept full responsibility for all activities that occur under your account or password. You must notify Havoc immediately in the event that the security of your login or password has been breached.
This site and all contents, materials, products, and services provided or otherwise made available through this site are provided "as is" without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. because some jurisdictions prohibit the exclusion of implied warranties, the above exclusions may not apply to you. Further Havoc does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does Havoc warrant that the website will be current, error free or available at all times or without interruption. Havoc also does not warrant that the website or communications from Havoc will be free of viruses or other harmful components. Havoc may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. Havoc makes no commitment to update the Materials.
LIMITATION OF LIABILITY
In no event shall Havoc be liable for any direct, special, indirect, consequential, or punitive damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the website or the materials, or the performance or non-performance by Havoc or any third party providers of products or services related to the website. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if Havoc has been advised of the possibility of such damages. Because some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, the above limitation may not apply to you and shall be limited to the extent permitted by the jurisdiction. We make no guaranty of confidentiality or privacy of any communication or information transmitted on the website or any website linked to the website. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the website, or otherwise connected with your use of the website.
Havoc reserves the right, in its sole discretion, to modify your access or terminate your access to the website and your account, if applicable, at any time, without notice. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
When you visit the website or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Colorado, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Havoc in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. There are no third-party beneficiaries of this Agreement.
WEBSITE POLICIES AND MODIFICATION