Terms & Conditions
WELCOME TO HIT5.COM (THE “SITE”). THESE TERMS OF SERVICE GOVERN
ACCESS TO THIS SITE
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS SITE, NO INFORMATION OBTAINED BY THIS SITE FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this Site or some of the resources it has to offer, you may be asked to
provide certain registration details or other information. It is a condition of your
use of this Site that all the information you provide on this Site will be correct,
current, and complete. If HIT5 believes the information you provide is not
correct, current, or complete, HIT5 has the right to refuse you access to this
Site or any of its resources, and to terminate or suspend your access at any time,
HIT5 reserves the right to refuse products and service to anyone for any
reason at any time.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during transfer
over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the products or services without express written permission of HIT5. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
TIMELINESS, ACCURACY AND COMPLETION OF INFORMATION
HIT5 is not responsible if information made available on this Site is not
accurate, complete or current. The material on this Site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this Site is at
your own risk.
This Site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. HIT5 has
the right to modify the contents of this Site at any time, but HIT5 has no
obligation to update any information on the Site. You agree that it is your
responsibility to monitor changes to the Site.
SERVICE AND PRICE MODIFICATIONS
Prices for HIT5 products are subject to change without notice.
HIT5 reserves the right at any time to modify or discontinue the products or
services (or any part or content thereof) without notice at any time. We shall not
be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the products or services.
PRODUCTS OR SERVICES
HIT5 reserves the right, but are not obligated, to limit the sales of our
products or services to any person, geographic region or jurisdiction. HIT5
may exercise this right on a case-by-case basis. HIT5 reserves the right to
limit the quantities of any products or services offered on this Site.
All descriptions of products or product pricing are subject to change at any time
without notice, at HIT5'S sole discretion. HIT5 reserves the right to
discontinue any product at any time. Any offer for any product or service made on
this Site is void where prohibited.
HIT5 does not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations, or
that any errors in the products or Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account
information for all purchases made through this Site. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that HIT5 can complete your
transactions and contact you as needed.
RESTRICTIONS ON USE
You may use this Site for purposes expressly permitted by this Site. You may not
use this Site for any other purpose, including any commercial purpose, without
HIT5’s express prior written consent. For example, you may not (and may not
authorize any other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii)
hyperlink to this Site, without the express prior written permission of an
branding” means to display a name, logo, trademark, or other means of attribution
or identification of any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to display, publish, or
distribute this Site or content accessible within this Site. You agree to cooperate
with HIT5 in causing any unauthorized co-branding, framing or hyperlinking
immediately to cease.
The material and content (hereinafter referred to as the “Content”) accessible
from this Site is the proprietary information of HIT5 or the party that provided
the Content to HIT5 and HIT or the party that provided the Content to
HIT5 retains all right, title, and interest in the Content. Accordingly, the
Content may not be copied, distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent of HIT5, or unless
authorized in writing elsewhere on the Site, except that you may print out a copy
of the Content solely for your personal use. In doing so, you may not remove or
alter, or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as expressly provided in these
intellectual property rights are transferred to you by access to this Site.
This site may be hyperlinked to other sites which are not maintained by, or related
to, HIT5. Hyperlinks to such sites are provided as a service to users and are
not sponsored by or affiliated with this Site or HIT5. HIT5 has not
reviewed any or all of such sites and is not responsible for the content of those
sites. Hyperlinks are to be accessed at the user’s own risk, and HIT5 makes no representations or warranties about the content, completeness or accuracy of
these hyperlinks or the sites hyperlinked to this Site. Further, the inclusion of any
hyperlink to a third-party site does not necessarily imply endorsement by
HIT5 of that site.
You hereby grant to HIT5 the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to HIT5 through this Site (together, hereinafter known as the
“Submission”), and to incorporate any Submission in other works in any form,
media, or technology now known or later developed. HIT5 will not be required
to treat any Submission as confidential, and may use any Submission in its
business (including without limitation, for products or advertising) without
incurring any liability for royalties or any other consideration of any kind, and will
not incur any liability as a result of any similarities that may appear in future
HIT5 operations. HIT5 will treat any personal information that you submit
You understand that HIT5 cannot and does not guarantee or warrant that files
available for downloading from the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and output, and for
maintaining a means external to this Site for the reconstruction of any lost data.
HIT5 does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by HIT5.
Investors, borrowers, and other persons should use the Content in the same
manner as any other educational medium and should not rely on the Content to
the exclusion of their own professional judgment. Information obtained by using
this Site is not exhaustive and does not cover all issues, topics, or facts that may
be relevant to your goals.
All of the information in this Site, whether historical in nature or forward-looking,
speaks only as of the date the information is posted on this Site, and HIT5
does not undertake any obligation to update such information after it is posted or
to remove such information from this Site if it is not, or is no longer, accurate or
Content to HIT5 will assume or have any liability for any action or inaction by
HIT5 or such third party with respect to any submission.
LIMITATION ON LIABILITY
HIT5, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HIT5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HIT5 AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO HIT5 FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold HIT5, its subsidiaries, affiliates, licensors,
content providers, service providers, employees, agents, officers, directors, and
contractors (hereinafter known as the “Indemnified Parties”) harmless from any
Parties will have no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, and attorney’s fees of the Indemnified Parties in
connection therewith. You will also indemnify and hold the Indemnified Parties
harmless from and against any claims brought by third parties arising out of your
use of the information accessed from this Site.
Trademarks, service marks, and logos appearing in this Site are the property of
HIT5 or the party that provided the trademarks, service marks, and logos to
HIT5. HIT5 and any party that provided trademarks, service marks, and
logos to HIT5 retain all rights with respect to any of their respective
trademarks, service marks, and logos appearing in this Site.
Any passwords used for this Site are for individual use only. You will be
responsible for the security of your password (if any). HIT5 will be entitled to
monitor your password and, at its discretion, require you to change it. If you use a
password that HIT5 considers insecure, HIT5 will be entitled to require
the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools or network probing tools) is
strictly prohibited. If you become involved in any violation of system security,
HIT5 reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents. HIT5
HIT5 reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing HIT5 to disclose the identity
of anyone posting any email messages, or publishing or otherwise making
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HIT5
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REJOY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REJOY OR LAW ENFORCEMENT AUTHORITIES.
matter. Notwithstanding the foregoing, any additional terms and conditions on
this Site will govern the items to which they pertain. HIT5 may revise these