Hot Flash Hits Terms of Use
Revised December 6, 2020
By registering for a
Hot Flash Hits account, you agree that you have read these terms,
understand them, and agree to be bound by them.
These Terms of
Service
and Conditions governs
the use of the web pages
at and is associated
services, web pages,
domains and sub-domains,
which are owned and
operated by Randy Howard and Jolynn Moss ("Owners").
Wherever this Notice
refers to "users",
"you", "your" it means
"you", while "we" or
"our" or "owners" refer
to Randy Howard and
Jolynn Moss
and "Web Site" or "HFH"
or "Hot Flash Hits" refers to
http://hotflashhits.com.
These Terms of Use
constitute a legally
binding agreement made
between you, whether
personally or on behalf
of an entity and Hot Flash Hits, concerning
your access to and use
of the
hotflashhits.com
website as well as any
other media form, media
channel, mobile website
or mobile application
related, linked, or
otherwise connected
thereto. You agree that
by accessing the Site,
you have read,
understood, and agree to
be bound by all of these
Terms of Use, including
the Terms of Use posted
on the Site, which are
incorporated into these
Term o Use.
IF YOU DON'T AGREE
WITH ALL OF THESE TERMS
OF USE
THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING
HOT FLASH HITS
AND YOU MUST DISCONTINUE
USE IMMEDIATELY.
Supplemental terms and
conditions or documents
that may be posted on
the Site from time to
time are hereby
expressly incorporated
herein by reference. We
reserve the right, in
our sole discretion, to
make changes or
modifications to these
Terms of Use at any time
and for any reason. We
will alert you about any
changes by updating the
"Last updated" date of
the Terms of Use, and
you waive any right to
receive specific notice
of each such change. It
is your responsibility
to periodically review
these Terms of Use to
stay informed of
updates. You will be
subject tom and will be
deemed to have been made
aware of and to have
accepted, the changes in
any revised Terms of Use
by your continued use of
the Site after the date
such revised Terms of
Use are posted.
The information provided
on HFH is not intended
for distribution to or
use by any person or
entity in any
jurisdiction or country
where such distribution
or use would be contrary
to the law or regulation
or which would subject
us to any registration
requirement within such
jurisdiction or country.
Accordingly, those
persons who choose to
access the Site from
other locations do so on
their own initiative and
are solely responsible
for compliance with
local laws, if and to
the extent local laws
are applicable.
1. MINORS.
We do not provide services or sell products to children.
Hot Flash Hits
is intended for
users who are at least
18 years old. Persons
under the age of 18 are
not permitted to use or
register for a HFH
account.
By using the HFH
website you agree that
you are at least 18
years of age or older.
If you are a minor, please do not provide us
, HFH or other website visitors with any personal information.
2.
INTELLECTUAL PROPERTY
RIGHTS
Unless otherwise
indicated, the Site is
our proprietary property
and all source code,
databases,
functionality, software,
website designs, audio,
video, text,
photographs, and
graphics on the Site
(collectively, the
"Content") and the
trademarks, service
marks, and logos
contained therein (the
"Marks") are owned or
controlled by us or
licensed to use, and are
protected by copyright
and trademark laws and
various other
intellectual property
rights and unfair
competition laws of the
United States, foreign
jurisdictions, and
international
conventions. The Content
and Marks are provided
on the Site "AS IS" for
your information and
personal use only.
Except as expressly
provided in these Terms
of Use, no part of the
Site and no Content of
Marks may be copied,
reproduced, aggregated,
republished, uploaded,
posted, publicly
displayed, encoded,
translated, transmitted,
distributed, sold,
licensed, or otherwise
exploited for any
commercial purposes
whatsoever, without our
express prior written
permission.
Provided that you are
eligible to use the
Site, you are granted a
limited license to
access and use the Site
and to download or print
a copy of any of any
portion of the Content
to which you have
properly gained access
solely for your
personal, non-commercial
use. We reserve all
rights not expressly
granted to you in and to
the Site, the Content
and the Marks.
If you believe that your
intellectual property
rights have been
infringed upon by the Site content, please notify us by
support ticket, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
3. USER
REPRESENTATIONS
By
using the Site, you
represents and warrant
that: (1) all
registration information
you submit will be true,
accurate, current, and
complete; (2) you will
maintain the accuracy of
such information and
promptly update such
registration information
as necessary; (3) you
have the legal capacity
and you agree to comply
with these Terms of Use;
(4) you are not a minor
in the jurisdiction in
which you reside; (5)
you will not access the
Site through automated
or non-human means,
whether through a bot,
script or otherwise; (6)
you will not use the
Site for any illegal or
unauthorized purpose;
and (7) your use of the
Site will not violate
any applicable law or
regulation.
If you provide any
information that is
untrue, inaccurate, not
current, or incomplete,
we have the right to
suspend or terminate
your account and refuse
any and all current or
future use of the Site
(or any portion
thereof).
4. USER REGISTRATION
You may be required to
register with the Site.
You agree to keep your
password confidential
and will be responsible
for all use of your
account and password. We
reserve the right to
remove, reclaim, or
change a username you
select if we determine,
in our sole discretion,
that such username is
inappropriate, obscene,
or otherwise
objectionable.
5. LICENSEE STATUS.
You understand and agree that your use of
the HFH website is limited and non-exclusive and a revocable licensee.
We may terminate your license to use
HFH's website, and access to
HFH's website, for any reason, and without giving you notice.
You are allowed only one account.
Only one membership per person or IP address is allowed, unless pre-approved by the owners.
Your HFH account information must be completely updated with accurate information, including but not limited to: your real first and last name, mailing address.
Signing up for more than one membership is considered theft. In addition signing up under yourself in an effort to obtain
compensation is also considered theft. Your accounts will be removed, and you will lose all
account balances earned, credits, impressions, and any accrued
referrals.
If you do not log in to
your HFH account at
least once in a 730 days
period (24 months) your
HFH account will be set to inactive status
for non-use. Once your account has been set to inactive, it will be terminated 15 days later. Logging into your HFH account
once within a 730 day
period will reset the 24 month activity period.
Anyone referred to HFH
that creates an account
at Hot Flash Hits,
becomes a customer of
HFH and Owners.
6. FEES AND PAYMENT
We may or may not accept the following forms of payment at any given time:
-
Skrill
-
Credit Card
-
HFH Wallet
You may be required to
purchase or pay a fee to
access some of our
services. You agree to
provide current,
complete, and accurate
purchase and account
information for all
purchases made via the
Site. You further agree
to promptly update
account and payment
information, including
but not limited to email
address and payment
method so that we can
complete your
transaction and contact
you as needed. We bill
you through an online
billing account for
purchases made via the
Site. Sales tax will be
added to the price of
purchase as deemed
required by us. We may
change prices at any
time. All payments shall
be in U.S. dollars.
You agree to pay all
charges or fees at the
prices then in effect
for your purchases, and
you authorize us to
charge your chosen
payment provider for any
such amounts upon making
your purchase.. If your
purchase is subject to
recurring charges, then
you consent to our
charging your payment
method on a recurring
basis without requiring
your prior approval for
each recurring charge,
until you notify us of
your cancellation. We
reserve the right to
correct any errors or
mistakes in pricing,
even if we have already
requested or received
payment. We also reserve
the right to refuse any
order placed through the
Site.
7. REFUND POLICY.
For all digital
services, including but
not limited to:
advertising views and
membership fees, we have
a 7 day, no questions
asked refund policy. All
refund requests after
the 7 day period will
not be honored. All
refunds issued will be
pro-rated based on the
remaining un-used
portion of the purchase.
A fee, not to exceed $3 ( three dollars) USD, may or may not be subtracted from the original payment to offset any fixed-fee portion of the transaction not refunded to us by the payment processor(s).
For a refund request
please contact us by
support ticket.
Any disputes opened or
filed with our payment
processor(s) before
contacting us will
result in an immediate
suspension of your HFH
account until further
notice and may result in
your details being
submitted to the Central
Ban System across the
LFM Network of Sites.
For all non-physical
digital products,
including but not
limited to: e-books,
pamphlets, manuals,
stock images, etc. are
Sold As Is and are
delivered immediately
and are not returnable
nor refundable. All
Sales Are Final for
these types of items.
All refund requests will
not be honored.
For all physical
products, including but
not limited to: books,
DVD's, CD's, etc., may
be returned within 30
days from the date you
received your purchase.
All returned items must
include the Shipping
Receipt and must be
in a new condition,
unopened, unworn and in
the original packaging.
NOTE that all seasonal
merchandise (e.g.
Christmas, Easter,
Halloween, etc. items,
including costumes) may
be returned up to 7 days
prior to the holiday,
unopened, unworn and in
the original packaging.
All Sales Are Final on
seasonal merchandise
purchased after the
holiday and no returns
will be accepted.
Refunds are for the
merchandise only.
Original and return
shipping charges are not
refundable. All returns
will be credited to the
original form of
payment. Customer is
responsible for all
shipping charges on
returned items.
Non-Returnable Items
Include: Health, Beauty,
Cosmetic, Makeup,
Personal Care, Women's
Intimate or Inner
Apparel, Men's Inner
Apparel, Socks, Gym
Supporters and Guards
All returned products require a RAN (Return Authorization Number)
To request a RAN (Return Authorization Number), submit a
support ticket.
Include your Packing
Slip and Return
Authorization Form with
return. Write your
Return Authorization
Number on the OUTSIDE of
the package. Example:
RA: 1234567
All returns must be sent
via a traceable methods
so that your package may
be tracked and receipt
confirmed by your
shipper of choice.
Once you have completed
any purchase at the HFH
Site, you acknowledge
that you have read these
terms fully and
voluntarily agree to be
bound by these terms
8.
ACCOUNT
BALANCES, GAMES &
CONTEST WINNINGS.
Upon receiving payments
for purchases, HFH
deducts any and all taxes
on said purchases to report it to
HFH's taxing authority.
You are
not entitled to any
compensation
what so ever and the
Owners at it's own
discretion may elect
to share the profits
generated through the
sales of purchases at
the HFH website with
you. Any and all compensation received does not include any part of membership fees paid to HFH. Membership fees are not included in any share of profits issued.
Your account balance
may be credited every
time you refer a new
customer to the Site
and they purchase
services or products
from the Site. Your
account balance will
only be credited for the
customers that you have
referred which have
successfully submitted
payment to us.
All account balances are
subject to review and
may be adjusted
accordingly for accuracy
and may be subsequently
paid up to 30 days after
completion of sale and
review.
Account balances
will only be paid from
your HFH account when
the balance is $5 or
more.
To aid in fraud
prevention, your HFH
account information must
be completely updated
with accurate
information, including
but not limited to: your
real first and last
name, mailing address
and accepted payment
details. The name on
your payments and
the name you registered
with at HFH must match.
At any time if there are
any suspicion that the
information provided don't match, we
reserve the right to ask
for proof of ID to
verify your legal
identity to ensure
accuracy and for
security purposes.
We
reserve the right to
refuse to process any
payment to non-verified
payment processor accounts or
failure to comply with
these Terms of Use.
A fee may
be assessed on all
payments paid to you, by your payment processor.
We do not have control
over these actions.
Payments are done
weekly for all cleared
account balances.
We may provide cash
prizes/rewards for
participating in
promotions. If and when
these cash
prizes/rewards are
given, they will be
added to your HFH
account balance and are
subject to the terms set
forth in this Terms of
Use.
9.
CANCELLATION
You can cancel your
subscription at any time
by contacting us using
the information provided
below. Your cancellation
will take effect at the
end of the current paid
term.
If you are unsatisfied
with our services,
please email us at
policy@hotflashhits.com
or through our support
desk.
10. EMAILS AND
NOTIFICATIONS.
By
creating and account at
HFH, You agree to
receive emails up to
every 24 hours from
admin@hotflashhits.com
and/or
info@coopmg.com. Please add these
email address to your
address book and mark
all emails from these
email address as NOT
SPAM. This is to ensure
all members get
verification emails as
well as webSite updates,
payment info, updates,
account issues, HFH
promotions or anything
that we need to relay to
all members.
The use of an
Auto-responder or
Bounced emails are not
allowed. If your email
address bounces or sends
back to HFH or CMG a
message with an
autoresponder, boxbe
verification or similar
applications, you risk
having your HFH account
deleted. All referrals
and account balances
will be lost if your
account is deleted.
11. ANTI-SPAM POLICY.
This sets forth our
policy with regard to
the use of "Spam"
marketing techniques in
connection with Internet
Marketing.
We have a strict policy
against spamming. We
have a zero tolerance
for spam. We forbid the
sending of unsolicited
mass Emails or
unsolicited Emails of
any kind in connection
with the marketing of
HFH, programs, products
and/or services.
We reserve the right to
suspend your HFH account
and participation
pending review upon
receipt of any complaint
or other evidence that
you may be engaging in
any spamming activity.
If it is determined that
you are indeed
participating in
Spamming activities, you
will be subject to
having your HFH account
deleted and subject to
civil and criminal
prosecution including
fines, damages and
compensation of losses
the owners may incur
from Spamming.
We consider spamming to
be any activity whereby
you directly or
indirectly transmit
email messages to any
email addressed that has
not solicited such email
and does not consent to
such transmissions. We
also consider spamming
to constitute posting
advertisements in
newsgroups in violation
of the terms of
participation in such
newsgroup, that are off
topic, or in newsgroups
that do not specifically
permit advertisements.
We also consider it
spamming when
advertisements are
placed on message boards
or in chat rooms when
they are not permitted
by the terms of
participation in such
message boards and chat
rooms.
If you are to include
the HFH name or URL in
any email promotion,
please only email to
your own "double-opt-in"
subscribers or on
safelists, traffic
exchanges, ad exchanges,
list builders,
classified ads, ppc
marketing and other
legitimate forms of
advertising.
Do NOT use the HFH name and URL to send emails or messages via bought commercial bulk email or contact lists.
Do NOT promote your affiliate page(s) using blasters or to purchased leads or on any program promising to blast your ad to millions of users.
HFH considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings who often bear the expense. Therefore, these practices are prohibited by these Terms of Service. Engaging in one or more of these practices will result in immediate termination of your HFH account.
If you are "Spammed" by anyone regarding our products, services, web
Site, or any other matters, please submit a
support ticket
to
report this activity.
12.
SOFTWARE
We may include software
for use in connection
with our services. If
such software is
accompanied by an end
user license agreement
{"EULA"}, the terms of
the EULA will govern
your use of the
software. If such
software is not
accompanied by a EULA,
the we grant to you a
non-exclusive,
revocable, personal, and
non-transferable license
to use such software
solely in connection
with out services and in
accordance with these
Terms of Use. Any
Software and any related
documentation is
provided "as is" without
warranty of any kind,
either express or
implied, including,
without limitation, the
implied warranties of
merchantability, fitness
for a particular
purpose, or
non-infringement. You
accept any and all risk
arising out of use or
performance of any
Software. You may not
reproduce or
redistribute any
software except in
accordance wit the EULA
or these Terms of Use.
13. THE USAGE OF BOTS
OR OTHER SOFTWARE TO
AUTOMATE THE SURFING
FUNCTIONS.
Use of any robot/auto surf software of any kind will not be tolerated. Your account will be suspended indefinitely without warning and all commissions, credits, impressions will be zeroed out.
14.
PROHIBITED ACTIVITIES
You may not access or
use the Site for any
purpose other than for
which we make the Site
available. The Site may
not be used in
connection with any
commercial endeavors
except those that are
specifically endorsed or
approved by us.
As a user of the Site,
you agree not to:
-
Systematically
retrieve data or other
content from the Site to
create or compile,
directly or indirectly,
as collection,
compilation, database,
or directory without
written permission from
us.
-
Make any unauthorized
use of the Site,
including collecting
usernames and/or email
addresses of users by
electronic or other
means for the purpose of
sending unsolicited
email, or creating user
account by automated
means or under false
pretenses.
-
Use a buying agent or purchasing agent to make
purchases on the Site.
-
Circumvent, disable,
or otherwise interfere
with security-related
features of the Site,
including features that
prevent or restrict the
use or copying of any
Content or enforce
limitations on the use
of the Site and/or the
Content contained therein.
-
Engage in
unauthorized framing of
or linking to the Site.
-
Trick, defraud, or
mislead us and other
users, especially in any
attempt to learn
sensitive account
information such as user
passwords.
-
Make improper use of
our support services or
submit false reports of
abuse or misconduct.
-
Engage in any
automated use of the
system, such as using
scripts to send comments
or messages, or using
any data mining, robots,
or similar data
gathering and extraction
tools.
-
Interfere with,
disrupt, or create an
undue burden on the Site
or the networks or
services connected to the
Site.
-
Attempt to
impersonate another user
or person or use the
username of another
user.
-
Sell or otherwise
transfer your profile.
-
Use any information
obtained from the Site
in order to harass,
abuse, or harm another
person.
-
Use the
Site as
party of any effort to
compete with us or
otherwise use the Site
and/or the Content for
any revenue-generating
endeavor or commercial
enterprise.
-
Decipher, decompile,
disassemble, or reverse
engineer any of the
software comprising or
in any way making up a
part of the Site.
-
Attempt to bypass
any measure of the Site
designed to prevent or
restrict access to the
Site, or any portion of
the Site.
-
Harass, annoy,
intimidate, or threaten
any of our employees or
agents engaged in
providing any portion of
the Site to you.
-
Delete the copyright
or other proprietary
right notice form any
Content.
-
Copy or adapt the
Site's software,
including but not
limited to Flash, PHP,
HTML, JavaScript, or
other code.
-
Upload or transmit
(or attempt to upload or
to transmit) viruses,
Trojan horses, or other
material, including
excessive use of capital
letters and spamming
(continuous posting of
repetitive text), that
interferes with any
party's uninterrupted
use and enjoyment of the
Site or modifies,
impairs, disrupts,
alters, or interferes
with the use, features,
functions, operation, or
maintenance of the Site.
-
Upload or transmit
(or attempt to upload or
to transmit) any
material that acts as a
passive or active
information collection
or transmission
mechanism, including
without limitation,
clear graphics
interchange formats
("gifs"), 1x1 pixels,
web bugs, cookies, or
other similar devices
(sometimes referred to
as "spyware" or "passive
collection mechanisms"
or "pcms").
-
Except as may be the
result of standard
search engine or
internet browser usage,
use, launch, develop, or
distribute any automated
system, including
without limitation, any
spider, robot, cheat,
utility, scraper, or
offline reader that
accesses the Site, or
using or launching any
unauthorized script or
other software.
-
Disparage, tarnish,
or otherwise harm, in
our opinion, us and/or
the Site.
-
Use the
Site in a
manner inconsistent with
any applicable laws or
regulations.
15. USER GENERATED
CONTRIBUTIONS The
Site may invite you
to chat, contribute to,
or participate in blogs,
message boards, online
forums, and other
functionality, and may
provide you with the
opportunity to create,
submit, post, display,
transmit, perform,
publish, distribute, or
broadcast content and
materials to us or on
the Site, including but
not limited to text,
writings, video, audio,
photographs, graphics,
comments, suggestions,
or personal information
or other material
(collectively,
"Contributions").
Contributions may be
viewable by other users
of the Site and through
third-party websites. As
such, any Contributions
you transmit may be
treated as
non-confidential and
non-proprietary. When
you create or make
available any
Contributions, you
thereby represent and
warrant that:
-
The creation,
distribution,
transmission, public
display, or performance,
and the accessing,
downloading, or copying
of your Contributions do
not and will not
infringe the proprietary
rights, including but
not limited to the
copyright, patent,
trademark, trade secret,
or moral rights of any
third party.
-
You are the creator
and owner of or have the
necessary licenses,
rights, consents,
releases, and
permissions to use and
to authorize us, the
Site, and other users of
the Site to use your
Contributions in any
manner contemplated by
the Site and these Terms
of Use.
-
You have the written
consent, release, and/or
permission of each and
every identifiable
individual person in
your Contributions to
use the name of likeness
of each and every such
identifiable individual
person to enable
inclusions and use of
your Contributions in
any manner contemplated
by the Site and these
Terms of Use.
-
Your Contributions
are not false,
inaccurate, or
misleading.
-
Your Contributions
are not unsolicited or
unauthorized
advertising, promotional
materials, pyramid
schemes, chain letters,
spam, mass mailings, or other forms of
solicitation.
-
Your Contributions
are not obscene, lewd,
lascivious, filthy,
violent, harassing,
libelous, slanderous, or
otherwise objectionable
(as determined by us).
-
Your Contributions do
not ridicule, mock,
disparage, intimidate,
or abuse anyone.
-
Your Contributions do
not advocate the violent
overthrow of any
government or incite,
encourage, or threaten
physical harm against
another.
-
Your Contributions do
not violate any
applicable law,
regulation, or rule.
-
Your Contributions
do not violate the
privacy or publicity
rights of any third
party.
-
Your Contributions
do not contain any
material that solicits
personal information
from anyone under the
age of 18 or exploits
people in a sexual or
violent manner.
-
Your Contributions
do not violate any
federal or state law
concerning child
pornography, or otherwise
intended to protect the
health or well-being of
minors.
-
Your Contributions
do not include any
offensive comments that
are connected to race,
national origin, gender,
sexual preference, or
physical handicap.
-
Your Contributions
do not otherwise
violate, or link to
material that violates,
any provision of these
Terms of Use, or any
applicable law or
regulation.\
Any use of the
Site in
violation of the
foregoing violates these
Terms of Use and may
result in, among other
things, termination or
suspension of your
rights to use the Site.
16(a). Site CONTENT SUBMISSION POLICY.
By submitting any
website or ad content to
HFH,
you agree that such
content will meet the
following requirements:
-
NO
HFH
Provided Marketing Material
-
Content on Sites Must be in
ENGLISH Only
-
No Frame-breaking Websites
-
No Pop-ups - No Pop-unders -
No Exit Pop-ups
-
No Fly In Ads or Floating
Ads that move on the screen
-
No Sites With Anything That
Must Be Closed Before
Surfing Can Continue
-
No Adult Content, Sexual
Oriented Materials and
Services,
Dating Sites
-
No Obscene, Hate, Violence,
Racial Intolerance Content
-
No Sites Promoting Pirated
Software
-
No Viruses, Trojans, or
Spyware
-
No
Sites That Does Not Load or Takes
to Long to Appear
-
No
Invalid Websites, Website Not
Viewable, Suspended Websites
-
No URL Shorteners similar to
Bitly, TinyURL, AdFly,
Google, Tiny.cc or Any Other
URL Shortner
-
No Banner or Text Ad Sites
or Pages That Display More
Than 10 Banners and/or Text
Ads on a Page
-
No PTP Sites or Cyber Chain
Letters
-
No PTC Sites That Offer
Rented Referrals
-
No Sites With Illegal
Activity
-
No HYIPs, Investment Auto
Surf Systems or Gifting
Programs. These are illegal
in most countries, including
the United States
-
No Matrix or Pyramid
Programs, Randomizers,
Cyclers, Ponzi Schemes,
Revenue Share or Rev Share
Sites or Other Get Rich
Quick Schemes
-
No Advertising Site That
Pays on More Than One Level
-
No Gambling or Lottery Sites
16(b). Site CONTENT
SUBMISSION POLICY -
ROTATORS
Rotators with no more
than 5 websites or
content and no other
rotators included may be
submitted. All websites
or content included in
submitted rotator must
comply with the Site
submission policies
found in 11(a) and
11(b). Any Rotators
found to not meet this
policy risks being
deleted along with any
advertising views
assigned to it.
We reserve the right to
not allow or ban any
type of ad, product,
person, company or
website from HFH for any
reason without notice.
17. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by
support ticket
so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
18. CONTRIBUTION LICENSE
By posting your
Contributions to any
part of the Site or
making Contributions
accessible to the Site
by linking your account
from the Site to any of
your social networking
accounts, you
automatically grant, and
you represent and
warrant that you have
the right to grant, to
us an unrestricted,
unlimited, irrevocable,
perpetual,
non-exclusive,
transferable,
royalty-free,
fully-paid, worldwide
right, and license to
host, use, copy,
reproduce, disclose,
sell, resell, publish,
broadcast, re-title,
archive, store, cache,
publicly perform,
publicly display,
reformat, translate,
transmit, excerpt (in
whole or in part), and
distribute such
Contributions
(including, without
limitation, your image
and voice) for any
purpose, commercial,
advertising, or
otherwise and to prepare
derivative works of, or
incorporate into other
works, such
Contributions, and grant
and authorize
sublicenses of the
foregoing. The use and
distribution may occur
in any media formats and
through any media
channels.
This license will apply
to any form, media, or technology now known of
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trade marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any
ownership over your
Contributions. You
retain full ownership of
all of your
Contributions and any
intellectual property
rights or other
proprietary rights
associated with your
Contributions. We are
not liable for any statements or
representations in your
Contributions provided
by you in any area on
the Site. You are solely
responsible for your
Contributions to the
Site and you expressly
agree to exonerate us
from any and all
responsibility and to
refrain from any legal
action against us
regarding your
Contributions.
We have the right, in
our sole and absolute
discretion, (1) to edit,
redact, or otherwise
change any
Contributions; (2) to
re-categorize any
Contributions to place
them in more appropriate
locations on the Sites;
and (3) to pre-screen or
delete any Contributions
at any time and for any
reason, without notice.
We have no obligation to
monitor your
Contributions.
19. GUIDELINES FOR REVIEWS
We may provide you areas
on the Site to leave
reviews or ratings. When
posting a review, you
must comply with the
following criteria: (1)
you should have
firsthand experience
with the person/entity
being reviewed; (2) your
reviews should not
contain offensive
profanity, or abusive,
racist, offensive, or
hate language; 3) your
reviews should not
contain discriminatory
references based on
religion, race, gender,
national origin, age,
marital status, sexual
orientation, or
disability; (4) your
reviews should not
contain references to
illegal activity; (5)
you should not be
affiliated with
competitors if posting
negative reviews; (6)
you should not make any
conclusions as to the
legality of conduct; (7)
you may not post any
false or misleading
statements; and (8) you
may not organize a
campaign encouraging
others to post reviews,
whether positive or
negative.
We may accept, reject,
or remove reviews in our
sole discretion. We have
absolutely no obligation
to screen reviews or to
delete reviews, even if
anyone considers reviews
objectionable or
inaccurate. Reviews are
not endorsed by us, and
do not necessarily
represent our opinions
or the views of any of
our affiliates or
partners. We not assume
liability for any review
or for any claims,
liabilities, or losses
resulting from any
review. By posting a
review, you hereby grant
to us a perpetual,
non-exclusive,
worldwide, royalty-free,
fully-paid, assignable,
and sublicensable right
and license to
reproduce, modify,
translate, transmit by
any means, display,
perform, and/or
distribute all content
relating to reviews.
20. SOCIAL MEDIA As part of the
functionality of the
Site, you may link your
account with online
accounts you have with
third-party service
providers (each such
account, a "Third-Party
Account") by either: 1)
providing your
Third-Party Account
login information
through the Site; or (2)
allowing us to access
your Third-Party
Account, as is permitted
under the applicable
terms and conditions
that govern your use of
each Third-Party
Account. You represent
and warrant that you are
entitled to disclose
your Third-Party Account
login information to us
and/or grant us access
to your Third-Party
Account, without breach
by you of any of the
terms and conditions
that govern your use of
the applicable
Third-Party Account, and
without obligating us to
pay any fees or making
us subject to any usage
limitations imposed by
the third-party service
provider of the
Third-Party Account. By
granting us access to
any Third-Party
Accounts, you understand
that (1) we may access,
make available, and
store (if applicable)
any content that you
have provided to and
stored in your
Third-Party Account (the
"Social Network
Content") so that it is
available on and through
the Site via your
account, including
without limitation any
friend lists and (2) we
may submit to and
receive from your
Third-Party Account
additional information
to the extent you are
notified when you link
your account with the
Third-Party Account.
Depending on the
Third-Party Accounts you
choose and subject to
the privacy settings
that you have set in
such Third-Party
Accounts, personally
identifiable information
that you post to your
Third-Party Accounts may
be available on and
through your accounts on
the Site. Please note
that if a Third-Party
Account or associated
service becomes
unavailable or our
access to such
Third-Party Account is
terminated by the third-party
service provider, then
Social Network Content
may no longer be
available on and through
the Site. You will have
the ability to disable
the connection between
your account on the Site
and your Third-Party
Accounts any any time.
PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE
THIRD-PARTY SERVICE
PROVIDERS ASSOCIATED
WITH YOUR THIRD-PARTY
ACCOUNTS IS GOVERNED
SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE
PROVIDERS. We make no
effort to review any
Social Network Content
for any purpose,
including but not
limited to, for
accuracy, legality, or
non-infringement, and we
are not responsible for
any Social Network
Content. You acknowledge
and agree that we may
access your email
address book associated
with a Third-Party
Account and your
contacts list stored on
your mobile device or
tablet computer solely
for purposes of
identifying and
informing you of those
contacts who have also
registered to use the
Site. You can deactivate
the connection between
the Site and your
Third-Party Account by
contacting us using the
contact information
below or through your
account settings (if
applicable). We will
attempt to delete any
information stored on
our servers that was
obtained through such
Third-Party Account,
except the username and
profile picture that
become associated with
your account.
21. SUBMISSIONS
You acknowledge and
agree that any
questions, comments,
suggestions, ideas,
feedback, or other
information regarding
the Site ("Submissions")
provided by you to use
are non-confidential and
shall become our sole
property. We shall own
exclusive rights
including all
intellectual property
rights, and shall be
entitled to the
unrestricted use and
dissemination of these
Submissions for any
lawful purpose,
commercial or otherwise,
without acknowledgment
or compensation to you.
You hereby waive all
moral rights to any such
Submissions, and you
hereby warrant that any
such Submissions are
original with you or
that you have the right
to submit such
Submissions. You agree
there shall be no
recourse against us for
any alleged or actual
infringement or
misappropriation of any
proprietary right in
your Submissions.
22. THIRD-PARTY WEBSITES AND
CONTENT The Site may contain (or
you may be sent via the
Site) links to other
websites ("Third-Party
Websites") as well as
articles, photographs,
text, graphics,
pictures, designs,
music, sound, video,
information,
applications, software,
and other content or
items belonging to or
originating from third
parties ("Third-Party
Content"). Such
Third-Party Websites and
Third-Party Content are
not investigated, monitored,, or checked
for accuracy,
appropriateness, or
completeness by us, and
we are not responsible
for any Third-Party
Websites accessed
through the Site or any
Third-Party Content
posted on, available
through, or installed
from the Site, including
the content, accuracy,
offensiveness, opinions,
reliability, privacy
practices, or other
policies of or contained
in the Third-Party
Websites or the
Third-Party Content.
Inclusion of, linking
to, or permitting the
use or installation of
any Third-Party Websites
or any Third-Party
Content does not imply approval or
endorsement
thereof by us. If you
decide to leave the Site
and access the
Third-Party Websites or
to use or install any
Third-Party Content, you
do so at your own risk,
and you should be aware
these Terms of Use no
longer govern. You
should review the
applicable terms and
policies, including
privacy and data
gathering practices, of
any website to which you
navigate form the Site
or relating to any
application you use or
install from Site. Any
purchases you make
through Third-Party
Websites will be through
other websites and from
other companies, and we
take no responsibility
whatsoever in relation
to such purchases which
are exclusively between
you and the applicable
third party. You agree
and acknowledge that we
do not endorse the
products or services
offered on Third-Party
Websites and you shall
hold us harmless from
any harm caused by your
purchase of such
products or services.
Additionally, you shall
hold us harmless from
any losses sustained by
you or harm caused to
you relating to or
resulting in any way
from any Third-Party
Content or any contact
with Third-Party
Websites.
23. ADVERTISERS
We allow advertisers to
display their
advertisements and other
information in certain
areas of the Site, such
as sidebar
advertisements, banner
advertisements, members
section, or surf
section. If you are an
advertiser, you shall
take full responsibility
for any advertisements
you place on the Site
and any services
provided on the Site or
products sold through
those advertisements.
Further, as an
advertiser, you warrant
and represent that you
possess all rights and
authority to place
advertisements on the
Site, including, but not
limited to, intellectual
property rights,
publicity rights, and
contractual rights. We
simply provide the space
to place such
advertisements, and we
have no other
relationship with
advertisers.
24. U.S. GOVERNMENT RIGHTS
Our services are
"commercial items" as
defined in Federal
Acquisition Regulation
("FAR") 2.101. If our
services are acquired by
or on behalf of any
agency not within the
Department of Defense
("DOD"), our services
are subject to the terms
of the Terms of Use in
accordance with FAR
12.212 (for computer
software) and FAR 12.211
(for technical data). If
our services are
acquired by or on behalf
of any agency within the
Department of Defense,
our services are subject
to the terms of these
Terms of Use in
accordance with Defense
Federal Acquisition
Regulations ("DFARS")
227.7202-3. In addition,
DFARS 252.227-7015
applies to technical
data acquired by the
DOD. This U.S.
Government Rights clause
is in liew of, and
supersedes, any other
FAR, DFARS, or other
clause or provision that
addresses government
rights in computer
software or technical
data under these Terms
of Use.
25.
SITE MANAGEMENT
We reserve the right,
but not the obligation,
to: (1) monitor the Site
for violations of these
Terms of Use; (2) take
appropriate legal action
against anyone who, in
our sole discretion,
violates the law or
these Terms of Use,
including without
limitation, reporting
such user to law
enforcement authorities;
(3) in our sole
discretion and without
limitation, refuse,
restrict access to,
limit te availability
of, or disable (to the
extent technologically
feasible) any of your
Contributions or any
portions thereof; (4) in
our sole discretion and
without limitation,
notice, or liability, to
remove from the Site or
otherwise disable all
files and content that
are excessive in size or
are in any way
burdensome to our
systems; and (5)
otherwise manage the
Site in a manner
designed to protect our
rights and property and
to facilitate the proper
functioning of the Site.
26. PRIVACY POLICY
We care about data
privacy and security.
Please review our
Privacy Policy:
hotflashhits.com/privacypolicy.php.
By using the Site, you
agree to be bound by our
Privacy Policy, which is
incorporated into these
Terms of Use. Please be
advised the Site is
hosted in the United
States. If you access
the Site from the
European Union, Asia, or
any other region of the
world with laws or other
requirements governing
personal data
collection, use, or
disclosure that differ
from applicable laws in
the United States, then
through your continued
use of the Site, you are
transferring your data to
the United States, and
you expressly consent to
have your data
transferred to and
processed in the United
States. Further, we do
not knowingly accept,
request, or solicit
information from
children or knowingly
market to children.
Therefore, in accordance
with the U.S. Children's
Online Privacy
Protection Act, if we
receive actual knowledge
that anyone under the
age of 18 have provided
personal information to
use without the
requisite and verifiable
parent consent, we will
delete that information,
from the site as quickly
as is reasonably
practical.
27. COPYRIGHT INFRINGEMENTS We respect the
intellectual property
rights of others. If you
believe that any
material available on or
through the Site
infringes upon any
copyright you own or
control, please
immediately notify us
using the contact
information provided
below (a
"Notification"). A copy
of your Notification
will be sent to the
person who posted or
stored the material
addressed in the
Notification. Please be
advised that pursuant to
federal law you may be
held liable for damages
if you make material
misrepresentations in a
Notification. Thus, if
you are not sure that
material located on or
linked to by the Site
infringes your copyright,
you should consider
first contacting an
attorney.
28. TERMS AND TERMINATION
These Terms of Use shall
remain in full force and
effect while your use
the Site. WITHOUT
LIMITING ANY OTHER
PROVISION OF THESE TERMS
OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT
NOTICE OR LIABILITY,
DENY ACCESS TO AND USE
OF THE Site (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY
PERSON FOR ANY REASON OR
FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR
BREACH OF ANY
REPRESENTATION,
WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS
OF USE OR OF ANY
APPLICABLE LAW OR
REGULATION. WE MAY
TERMINATE YOUR USE OR
PARTICIPATION IN THE
Site OR DELETE YOUR
ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU
POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR
SOLE DISCRETION.
Any form of racist,
sexist, harassing
language, threats -
either personal or
professional - including
but not limiting to
initiate charge backs
and emotional blackmail
etc. to the owners,
operators, agents,
staff, employees,
associates; are grounds
for immediate suspension
or termination of your
HFH account along with
all products and
services provided by
Cooperative Marketing
Group in part and/or in
whole at all websites
owned and operated by
the Cooperative
Marketing Group.
If we terminate or
suspend your account for
any reason, you are
prohibited from
registering and creating
a new account under your
name, a fake or borrowed
name, or the name of any
third party even if you
may be acting on behalf
of the third party. In
addition to terminating
or suspending your
account, we reserve the
right to take
appropriate legal
action, including
without limitation
pursuing civil,
criminal, and injunctive
redress.
29. MODIFICATIONS AND
INTERRUPTIONS We reserve the right to
change, modify, or
remove the contents of
the Site at any time or
for any reason at our
sole discretion without
notice. However, we have
no obligation to update
any information on our
Site. We also reserve
the right to modify or
discontinue all or part
of the Site without
notice at any time. We
will not be liable to
you or any third party
for any modification,
price change,
suspension, or
discontinuance of the
Site.
We cannot guarantee the
Site will be available
at all times. We may
experience hardware,
software, or other
problems on need to
perform maintenance
related to the Site,
resulting in
interruptions, delays,
or errors. We reserve
the right to change,
revise, update, suspend,
discontinue, or
otherwise modify the
Site at any time or for
any reason without
notice to you. You agree
that we have no
liability whatsoever for
any loss, damage, or
inconvenience caused by
our inability to access
or use the Site during
any downtime or
discontinuance of the
Site. Nothing in these
Terms of Use will be
construed to obligate us
to maintain and support
the Site or to supply
any corrections, updates, or releases in
connection therewith.
30. GOVERNING LAW
These Terms of Use and
your use of the Site are
governed by and
construed in accordance
with the laws of the
State of Illinois
applicable to agreement
made and to be entirely
performed within the
State of Illinois,
without regard to its
conflict of law
principles.
31. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution
and control the costs of
any disputes,
controversy, or claim
related to these Terms
of Use (each a "Dispute"
and collectively, the
"Disputes") brought by
either you or us
(individually, a "Party"
and collectively, the
"Parties"), the Parties
agree to first attempt
to negotiate any Dispute
(except those Disputes
expressly provided
below) informally for at
least thirty (30) days
before initiating
arbitration. Such
informal negotiations
commence upon written
notice from one Party to
the other Party.
Binding Arbitration
If the Parties are
unable to resolve a
Dispute through informal
negotiations, the
Dispute (except those
Disputes expressly
excluded below) will be
finally and exclusively
resolved by binding
arbitration. YOU
UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU
WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A
JURY TRIAL. The
arbitration shall be
commenced and conducted
under the Commercial
Arbitration Rules of the
American Arbitration
Association ("AAA") and,
where appropriate, the
AAA's Supplementary
Procedures for Consumer
Related Disputes ("AAA
Consumer Rules"), both
of which are available
at the AAA website www.adr.org. Your
arbitration fees and
your share of arbitrator
compensation shall be
governed by the AAA
Consumer Rules and,
where appropriate,
limited by the AAA
Consumer Rules. The
arbitration may be
conducted in person,
through the submission
of documents, by phone
or online. The
arbitrator
will make a decision in
writing, but need not
provide a statement of
reasons unless requested
by either Party. The
arbitrator must follow
applicable law, and any
award may be challenged
in the arbitrator fails
to do so. Except where
otherwise required by
the applicable AAA rules
or applicable law, the
arbitration will take
place in Lake County,
IL. Except as otherwise
provided herein, the
Parties may litigate in
court to compel
arbitration, stay
proceedings pending
arbitration, or to
confirm, modify, vacate,
or enter judgment on
the award entered by the
arbitrator.
If for any reason, a
Dispute proceeds in
court rather than
arbitration, the Dispute
shall be commenced or
prosecuted in the state
and federal courts
located in Lake County,
IL. and the Parties
hereby consent to, and
waive all defenses of
lack of personal
jurisdiction, and forum
non conveniens with
respect to venue and
jurisdiction in such
state and federal court.
Application of the
United Nations
Convention of Contracts
for the International
Sales of Good and the
Uniform Computer
Information Transaction
Act (UCITA) are excluded
from these Terms of Use.
In no event shall any
Dispute brought by
either Party related in
any way to the Site be
commenced more than one
(1) years after the
cause of action arose.
If the provision is
found to be illegal or
unenforceable and such
Dispute shall be decided
by a court of competent
jurisdiction within the
courts listed for
jurisdiction above, and
the Parties agree to
submit to the personal
jurisdiction of that
court.
Restrictions
The Parties agree that
any arbitration shall be
limited to the Dispute
between the Parties
individually. To the
full extent permitted by
law, (a) no arbitration
shall be joined with any
other proceeding; (b)
there is no right or
authority for any
Dispute to be arbitrated
on a class-action basis
or to utilize class
action procedures; and
(c) there is no right or
authority for any
Dispute to be brought in
a purported
representative capacity
on behalf of the general
public or any other
persons.
Exceptions to Informal
Negotiations and
Arbitration
The Parties agree that
the following Disputes
are not subject to the
above provisions
concerning informal
negotiations and binding
arbitration: (a) any
Disputes seeking to
enforce or protect, or
concerning the validity
of, any of the
intellectual property
rights of a Party; (b)
any Dispute related to,
or arising from,
allegations of theft,
piracy, invasion of
privacy, or unauthorized
use; and (c) any claim
for injunctive relief.
If this provision is
found to be illegal or
unenforceable, then
neither Party will elect
to arbitrate any Dispute
falling within that
portion of this
provision found to be
illegal or
unenforceable and such
Dispute shall be decided
by a court of competent
jurisdiction with the
courts listed for
jurisdiction above, and
the Parties agree to
submit to the personal
jurisdiction of that
court.
32. CORRECTIONS
There may be information
on the Site that
contains typographical
errors, inaccuracies, or
omissions, including
descriptions, pricing,
availability, and various
other information. We
reserve the right to
correct any errors, or
omissions and to change
or update the
information on the Site
at any time, without
prior notice.
33. DISCLAIMER
THE SITE IS PROVIDED ON
AN AS-IS AND
AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF
THE Site AND OUR
SERVICES WILL BE AT YOUR
SOLE RISK. TO THE
FULLEST EXTENT PERMITTED
BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESSED
OR IMPLIED, IN
CONNECTION WITH THE Site
AND YOUR USE THEREOF,
INCLUDING, WITHOUT
LIMITATION, THE IMPLIED
WARRANTIES OF
MERCHANTABILITY, FITNESS
FOR A PARTICULAR
PURPOSE, AND
NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT
THE ACCURACY OR
COMPLETENESS OF THE
SITE'S CONTENT OR THE
CONTENT OF ANY WEBSITE
LINKED TO THE Site AND
WE WILL ASSUME NO
LIABILITY OR
RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT
AND MATERIALS, (2)
PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER,
RESULTING FROM YOUR
ACCESS TO AND USE OF THE
Site, (3) ANY
UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE
SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION
AND/OR FINANCIAL
INFORMATION STORED
THEREIN, (4) ANY
INTERRUPTION OR
CESSATION OF
TRANSMISSION TO OR FROM
THE Site, (5) ANY BUGS,
VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR
THROUGH THE Site BY ANY
THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND
MATERIALS OR FOR ANY
LOSS OF DAMAGE OF ANY
KIND INCURRED AS A
RESULT OF THE USE OF ANY
CONTENT POSTED,
TRANSMITTED, OR
OTHERWISE MADE AVAILABLE
VIA THE Site. WE DO NOT
WARRANT, ENDORSE,
GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY
A THIRD PARTY THROUGH
THE Site, ANY
HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN
ANY BANNER OR OTHER
ADVERTING, AND WE WILL
NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE
FOR MONITORING ANY
TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY
PROVIDERS OF A PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY
MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION
WHERE APPROPRIATE.
34. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR
OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY
DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES,
INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF
THE Site, EVEN IF WE
HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM
OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO
$50.00 USD. CERTAIN
STATE LAWS DO NOT ALLOW
LIMITATION ON IMPLIED
WARRANTIES OR THE
EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE
DISCLAIMERS OR
LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL
RIGHTS.
35. INDEMNIFICATION
You agree to defend,
indemnify, and hold us
harmless, including our
subsidiaries,
affiliates, and all of
our respective officers,
agents, partners, and
employees, from and
against any loss,
damage, liability,
claim, or demand,
including reasonable
attorney's fees and
expenses, made by any
third party due to or
arising out of: (1) your
Contributions; (2) use
of the Site; (3) breach
of these Terms of Use;
(4) any breach of your
representations and
warranties set forth in
these Terms of Use; (5)
your violation of the
right of a third party,
including but not
limited to intellectual
property rights; or (6)
any overt harmful act
toward any other user of
the Site with whom you
connected via the Site.
Notwithstanding the
foregoing, we reserve
the right, at your
expense, to assume the
exclusive defense and
control of any matter
for which you are
required to indemnify
us, and you agree to
cooperate, at your
expense, with our
defense of such claims.
We will use reasonable
efforts to notify you or
any such claim, action,
or proceeding which is
subject to this
indemnification upon
becoming aware of it.
36. USER DATA We will maintain certain
data that you transmit
to the Site for the
purpose of managing the
performance of the Site,
as well as data relating
to your use of the Site.
Although we perform
regular routine backups
of data, you are solely
responsible for all data
that you transmit of
that relates to any
activity you have
undertaken using the
Site. You agree that we
shall have no liability
to you for any loss or
corruption of any such
data, and you hereby
waive any right of
action against us
arising from any such
loss or corruption of
such data.
37. ELECTRONIC
COMMUNICATIONS,
TRANSACTIONS, AND
SIGNATURES Visiting the
Site,
sending us emails, and
completing online forms
constitute electronic
communications. You
consent to receive
electronic
communications, and you
agree that all
agreements, notices,
disclosures, and other
communications we
provide to you
electronically, via
email and on the Site,
satisfy any legal
requirements that such
communications be in
writing. YOU HEREBY
AGREE TO THE USE OF
ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED
BY US OR VIA THE Site.
You hereby waive any
rights or requirements
under any statutes,
regulations, rules,
ordinances, or other
laws in any jurisdiction
which require an
original signature or
delivery or retention on
non-electronic records,
or to payments or the
granting of credits by
any means other than
electronic means.
38. CALIFORNIA USERS AND
RESIDENTS If any complaint with us
is not satisfactorily
resolved, you can
contact the Complaint
Assistance Unit of the
Division of Consumer
Services of the
California Department of
Consumer Affairs in
writing at 1625 North
Market Blvd.. Suite N
112, Sacramento,
California 95834 or by
telephone at (800)
952-5210 or (916)
445-1254.
39. MISCELLANEOUS
These Terms of Use and
any policies or
operating rules posted
by us on the Site or in
respect to the Site
constitute the entire
agreements and
understanding between
you and us. Our failure
to exercise or enforce
any right or provision
of these Terms of Use
shall not operate as a
waiver of such right or
provision. These Terms
of Use operate to the
fullest extent
permissible by law. We
may assign any or all of
our rights between and
obligations to others at
any time. We shall not
be responsible or liable
for any loss, damage,
delay, or failure to act
caused by any cause
beyond our reasonable
control. If any
provision or part of a
provision of these Terms
of Use is determined to
be unlawful, void, or
unenforceable, that
provision or party of
the provision is deemed
severable from these
Terms of Use and does
not affect the validity
and enforceability or
any remaining
provisions. There is no
joint venture,
partnership, employment
or agency relationship
created between you and
us as a result of these
Terms of Use or use of
the Site. You agree that
these Terms of Use will
not be construed against
us by virtue of having
drafted them. You hereby
waive any and all
defenses you may have
based on the electronic
form of these Terms of
Use and the lack of
signing by the parties
hereto to execute these
Terms of Use.
17. HOW TO CONTACT US.
If you have
questions or comments
about these Terms of Use, please contact
us at:
Hot Flash Hits
c/o Cooperative Marketing Group
604 Rollins Road #283
Ingleside, IL 60041-0283
Our Support Desk
policy@hotflashhits.com
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