Terms and Conditions

Grant of Access Agreement

Website Access
Hincen Covey LLC ("Hincen Covey") agrees to provide you ("User") with access to http://www.hincen.com (the "Website") subject to the terms and conditions set forth below. Access to the Website is provided for your personal or internal business uses only.
User’s Assent to Terms
By using the Website you agree to be bound by these Terms and Conditions and you consent to the terms of the Hincen Covey Privacy Policy. The Hincen Covey Privacy Policy can be found at http://www.hincen.com/privacy_policy and is incorporated herein by this reference. If you do not agree to all of the terms of this Agreement and consent to the Privacy Policy, you should exit the Website and you may not access the Website.
Additional Restrictions
Depending on where the Website is accessed from, additional restrictions may apply. User is prohibited from accessing the Website and materials available over the Website from territories where such activities are illegal. User agrees to comply with all local applicable rules regarding online conduct and content in connection with use of the Website.
Children
Children, defined for purposes of this agreement as persons younger than 13 years of age, are not permitted to access the Website. Children should not submit any personally identifying information.

Ownership, Intellectual Property and Links

Trademarks
The Website is owned and operated by Hincen Covey. The trademarks, logos, service marks (the "Marks") displayed on the Website are owned by Hincen Covey or third parties. Your use of the Website confers no rights to the Marks and you may not use, reproduce or display a Mark without its owner’s prior written consent.
Copyrights
The Website and all its contents ("Content") are copyrighted, and such copyrights are owned by Hincen Covey or the author of such content. You are permitted to view, print, and/or distribute Content in hard copy from the Website provided that: (1) you use the Content for your personal or internal business use and not for any purpose contrary to Hincen Covey’s commercial interests; (2) you do not copy or use any Content on any network or other website for public or commercial purposes; (3) you do not modify, alter, or create derivative works of, the Content; and (4) you include Hincen Covey’s copyright notice on such Content as follows: Copyright 2014 Hincen Covey LLC, All Rights Reserved.
No License
Except as expressly provided herein, nothing included in the Website is intended, nor shall be construed, as conferring any license or right under any Mark, copyright, or patent.
Links to Third-Party Sites
The Website may contain links to third-party sites. You acknowledge and agree that Hincen Covey is not responsible or liable for the content, information, services, or products of such third-party sites. You assume all risk of accessing third-party sites. Links to a third-party site do not constitute endorsement of that site by Hincen Covey.
Linking to Hincen
You may create links to pages on the http://www.hincen.com website, but may not imply sponsorship, agency, or any other relationship between the Website and the site providing the link without prior written consent.

User’s Obligations

Robots
User agrees not to cause or allow robots or other automated processes to act upon or interact with Hincen Covey’s systems or user interfaces without prior written permission from Hincen Covey.
Unreasonable Load
User agrees not to use Hincen Covey’s services in a way that causes unreasonable load on Hincen Covey’s systems or unwanted load on systems with which you direct Hincen Covey’s services to interact.
Other Laws
User will comply with all state and federal laws, rules, regulation and tariffs regarding any specific applications and use of the Website.

Disclaimer of Warranty, Limitation of Liability, and Indemnification

No Warranty
Hincen Covey will make commercially reasonable efforts to assure the accuracy of information provided by this Website. The Website is provided on an "as is" and "as available" basis. Hincen Covey assumes no obligation that the Website is suitable for the User’s needs, will be uninterrupted, secure, timely, or error-free. Hincen Covey does not guarantee that information available from, or through, the Website is either accurate or reliable, that defects in the software will be corrected, or that the Website will be free of computer viruses or other harmful components. HINCEN COVEY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, OR NONINFRINGEMENT. IN NO EVENT SHALL HINCEN COVEY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE, PROFITS, OR OPPORTUNITY, AND THE COSTS OF SUBSTITUTE SERVICE OR DAMAGES RESULTING FROM A THIRD PARTY’S UNAUTHORIZED USE) RELATED TO, OR ARISING FROM, USE, MISUSE, OR INABILITY TO USE THE WEBSITE, REGARDLESS OF WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION APPLIES TO CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), LIABILITY, OR ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITING LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, HINCEN COVEY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED UNDER LAW.
Remedy
You agree that User’s sole remedy for any breach of this Agreement by Hincen Covey shall be termination of User’s use of the Website without further obligation to Hincen Covey.
Indemnification
User agree to defend, indemnify, save, and hold Hincen Covey, its officers, representatives, employees, consultants, partners, co-brands, and agents, harmless from and against any claims, actions, damages, expenses, loss, liability, or demands, including but not limited to reasonable attorney’s fees, by third parties arising from or related to the User’s use or misuse of the Website, violation of the Terms of this agreement, or infringement of third-party rights. This indemnification agreement shall survive any termination or suspension of User’s use of Website.

General Terms and Conditions

Change of Terms
Hincen Covey may change the Terms and Conditions at any time. If Hincen Covey makes changes to the Terms and Conditions, Hincen Covey will post the updated Terms and Conditions on the Website, which shall serve as the sole notice to users of the change. It is the User’s sole responsibility to review the Terms for changes. Continued use of the Website will be deemed acceptance of the changed Terms and Conditions.
Headings
The section headings contained in this agreement exist solely for readability and have no contractual or legal significance.
Assignment
User may not assign this Agreement (by operation of law or otherwise) without the prior consent of Hincen Covey. Hincen Covey may assign or subcontract all or part of Hincen Covey’s rights and obligations under these Terms, in which event User will look only to Hincen Covey’s assignee and not to Hincen Covey for any further performance.
Force Majeure
The Website is provided via multiple public and private facilities, some beyond Hincen Covey’s control. Hincen Covey does not guarantee the quality or condition of the Website. The User agrees not to hold Hincen Covey responsible for any lost data or interruption of the Website of any kind.
No Agency or Third Party Beneficiary
User agrees that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship exists as a result of this Agreement or use of the Website. User and/or Acccount Holder acknowledge that he/she has no authority or power to bind Hincen Covey. In no event shall Hincen Covey be liable for any representation, act or omission made by User. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.
Severability
If any provision of the Terms is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect.
No Waiver
Any failure by Hincen Covey to enforce any provision of these Terms shall not constitute a waiver of any rights under such provision or any other provision of these Terms.
Notices
Except as explicitly stated otherwise, any notices to Hincen Covey shall be given by registered mail to Hincen Covey LLC 8127 Mesa Drive, Suite B206-168 Austin, TX 78759 and such notice shall be deemed given upon receipt by Hincen Covey. User may also provide notice to Hincen Covey via email at support@hincen.com. Notice provided by email to Hincen Covey shall not, however, be valid unless receipt of such email is confirmed by Hincen Covey via return email or otherwise.

Notices from Hincen Covey to User shall be given via email using any email address held by User. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law provisions. Both the User and Hincen Covey consent to the exclusive jurisdiction and venue of the appropriate Federal or State court of Travis County, Texas, USA, for resolution of any dispute arising out of or relating to the Terms.
Entire Agreement
These Terms comprise the entire agreement between the User and Hincen Covey regarding the Website and supersedes all previous agreements, stated or implied, made by Hincen Covey’s representatives regarding the matters addressed in these Terms.