Your Right to Use the Site and Its Contents
Procedure for Making Claims of Copyright Infringement
The site is protected from copyright infringement claims in accordance with the Digital Millennium Copyright Act (17 U.S.C. Section 512). HQ Hometek is registered with the United States Copyright Office as a Service Provider and is in compliance with provisions included within. Any notifications of claimed copyright infringement must be sent to firstname.lastname@example.org or call Phil at phone 516 204 8200. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Website; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
Any notifications of claimed copyright infringement must be sent to info@HQHometek.com or call 516-204-8200.
The Site may contain links to other sites. HQ Hometek is not responsible for the privacy practices or the content of such Websites, including any sites that may indicate a special relationship or partnership with HQ Hometek (such as co-branded pages and “powered by” relationships) or the sites of HQ Hometek advertisers that you go to by clicking on a banner ad on the HQ Hometek site. HQ Hometek does not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you link to their site. This collecting of information is not subject to HQ Hometek’s control.
You agree to adhere to the following rules when posting content of any type, including text, audio, video and files, in any of these interactive areas on HQ Hometek: You agree not knowingly submit any false, defamatory, abusive, obscene, threatening, racially offensive, sexually explicit or illegal material to the Website. In posting comments on the contributions of others, you agree not to harass other participants; You agree not to post anything that personally attacks an individual whose identity can be easily learned from what you post; You may not submit information that is libelous or defamatory or that discloses private or personal matters concerning any person; You may not post information or links that are obscene or pornographic. You may not contribute information or pictures that violate the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; Content contributions solely focused on the promotion of commercial events or businesses are not permitted; You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. You also grant HQ Hometek an irrevocable, nonexclusive, royalty-free license to redistribute or republish the information in any medium or form; You agree not to directly or indirectly solicit responses from minors; and You agree not to post any item for sale that matches the following conditions: Weapons or firearms of any kind; Items that infringe on trademark or intellectual property rights; Posting anything for sale; or Soliciting business.
By participating in the Site’s bulletin boards, you agree not to have multiple names on our boards, or use the name, screen name or identity of another person. Each reader may have only one log-in/screen name. If you would like to change your screen name you can do that in your “Edit Profile” page. If you change your alias it will update all your blog entries with the new alias. Usage of multiple screen names will result in our removing your posting privileges under any screen name. The Site operators reserve the right to remove postings from screen names which themselves might be considered objectionable or insulting to another person.
HQ Hometek will offer opt-in e-mail newsletters. When subscribing, visitors are asked to submit information such as name, e-mail address and demographic information. You always may opt-out of receiving future mailings HQ Hometek.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” REGARDING THE CONTENT OF THE SITE, HQ HOMETEK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO HQ HOMETEK ’S NEGLIGENCE, SHALL HQ HOMETEK BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF HQ HOMETEK OR AN AUTHORIZED REPRESENTATIVE OF HQ HOMETEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HQ HOMETEK ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $150.00.
HQ Hometek reserves the right, in its sole discretion, to terminate your access to the Site, with or without notice.
Although HQ Hometek attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform HQ Hometek so that it can be corrected.
Rules for User-Supplied Material
The Site has areas, which allows you to upload and download materials. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication.
Responsibility for User’s Material
The Site is interactive. You may use it to send communications. You agree to be responsible for the content of your communications. You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although HQ Hometek may from time to time monitor or review the Site, HQ Hometek is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity or profanity contained in any such communication. HQ Hometek will fully cooperate with any law enforcement authorities or court order requesting or directing HQ Hometek to disclose the identity of anyone sending such materials.
HQ Hometek’s Rights to User’s Material
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way HQ Hometek uses such material.
Any material submitted to this Site may be changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by HQ Hometek anywhere in the world, in any medium, forever. Furthermore, HQ Hometek is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever. However, you agree and understand that HQ Hometek is not obligated to use any such ideas or materials and you have no rights to compel such use.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others. Sending a message to HQ Hometek does not cause HQ Hometek to have any special responsibility to you.
Notice To/Regarding Children Under the Age of 13
If you are less than 13 years we are not required to engage in any business relationship.
Availability / Liability of Services
The services displayed on the Site may not be available for purchase in your particular locality. The reference to products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
For each visitor to the HQ Hometek site, HQ Hometek’s servers automatically collect information about which pages are visited and the IP address or domain name of visitors. HQ Hometek may require additional information and may contact you directly for such information. HQ Hometek may use the information as it sees fit. The follow are some potential sources and uses of data.
HQ Hometek may place a “cookie” on the browser of your computer. Cookies are pieces of information that a Website transfers to your computer’s hard disk for record-keeping purposes. HQ Hometek uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so that HQ Hometek can customize delivery of information specific to your interests without compromising privacy.
Certain portions of HQ Hometek require voluntary registration. These forms require you to give us personally identifiable information, which may include contact information (like your name and e-mail address) and unique identifiers. If you so signify beforehand, we may use your contact information from the registration form to send you information about our company and promotional material from some of our partners. Unique identifiers are collected only for use as account numbers in our record system. We do not disclose any unique identifiers to any third parties.
The information collected from these registration forms is used to improve existing features or develop new features, products and services by analyzing how site features are being used. Such information may be shared with third parties on an aggregate basis.
We also may collect demographic and profile data from you as part of the registration process (i.e., your ZIP code, sex, income level, interest in certain topics). We may use this data to tailor your experience at our site, showing you content that we think you might be interested in, displaying the content according to your preferences and informing you of upcoming events on our site. We may share certain data with advertisers and business partners.
Notification of changes
You expressly agree that exclusive jurisdiction for any dispute with HQ Hometek, or in any way relating to your use of HQ Hometek.com (“Legal Action”), resides in the courts of the County of Nassau, State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute.