HitFix Boards Terms and Conditions

IMPORTANT: By Using HitFix boards you agree to these Terms and Conditions as set forth below. These terms and conditions apply exclusively to your access to and use of HitFix Boards and do not alter in any way the Terms and Conditions of any other agreement you may have with HitFix. If you do not agree, do not use HitFix Boards, or, if you are already using HitFix Boards, cease use immediately.

1. Introduction
Messages that harass, abuse or threaten other members; have obscene or otherwise objectionable content; have spam, commercial or advertising content or links may be removed and may result in the loss of your HitFix ID and Login. Please do not post any private information unless you want it to be available publicly. General questions, comments, or complaints about HitFix Boards may be directed to info@hitfix.com. If you discover a posting which violates these terms, please use the provided link on each message and reply to report abuse.

2. Message Forums & Interactive Areas
HitFix Boards shall be used only for non-commercial purposes. By using HitFix Boards, you agree abstain from any of the following behaviors:

1. Distribute, upload or otherwise publish through this Web site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
2. Upload or transmit any content that may infringe on any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
3. Transmit or Upload any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
5. Without HitFix’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

HitFix shall have the right, but not the obligation, to monitor any activity and content associated with its forums and interactive areas.

3. Enforcement
HitFix may investigate any reported violation of its policies or complaints and take any action including but not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. HitFix reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. HitFix also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

In order to cooperate with governmental requests, to protect HitFix systems and customers, or to ensure the integrity and operation of HitFix business and systems, HitFix may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

4. Indemnification
You shall remain solely liable for the Content of any messages or other information you upload or transmit to the HitFix Boards. You agree to indemnify and hold harmless HitFix from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

5. Hyperlinks and Other Materials
Use of HitFix Boards and any materials obtained therefrom is strictly at your own risk. HitFix takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, HitFix is not liable for any statements, representations, or Content provided by its users in any forum or interactive area.

HitFix makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites or other materials accessible from or through HitFix Boards by hyperlink or other method. These linked sites are not under the control of HitFix and HitFix is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by HitFix of the site or any information contained therein.

6. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to HitFix are non-confidential and shall become the sole property of HitFix. HitFix shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to HitFix Boards, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

7. Disclaimer
HITFIX BOARDS AND ANY MATERIALS PROVIDED THEREIN, INCLUDING ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HITFIX DISCLAIMS, AND YOU HEREBY WAIVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HITFIX DOES NOT REPRESENT OR WARRANT THAT HITFIX BOARDS OR ANY MATERIALS CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HITFIX DOES NOT REPRESENT OR WARRANT THAT HITFIX BOARDS OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HitFix reserves the right to change or modify any and all content, functionality, or operation of HitFix Boards at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HitFix

8. Limitation of Liability
IN NO EVENT SHALL HITFIX BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF HITFIX BOARDS, THIS WEB SITE OR THE MATERIALS CONTAINED OR ACCESSED THEREFROM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HITFIX (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF HITFIX BOARDS EXCEED $10.00 OR THE COMPENSATION YOU PAID HITFIX, WHICHEVER IS LESS.

9. Applicable Law
This agreement shall be governed by and construed in accordance with the laws of the state of California, applicable to agreements made and entirely to be performed within the state of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

10. Modification & Amendments
HitFix reserves the right to amend at any time any policies governing HitFix Boards, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, you should cease using HitFix Boards. Your continued use of HitFix Boards will constitute acceptance of the modifications or amendments by you.

11. Termination
Notwithstanding any of these terms and conditions, HitFix reserves the right, without notice and in its sole discretion, to terminate your license to use HitFix Boards and its Web site, and to block or prevent future access to and use of such services.

12. Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.