Terms – MartinHamilton.com

Terms of Service

PLEASE READ! The Site https://MartinHamilton.com REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF https://MartinHamilton.com ARE RECOMMENDED CONSIDERATIONS FOR https://MartinHamilton.com GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL LEGAL SITE VISITORS ARE PROVIDED LINKS AND SHOULD READ AND ACCEPT THE TERMS OF USE, THE PRIVACY POLICY, AND COOKIES POLICY. LINKS TO THESE PAGES ARE PRESENTED IN THE FOOTER OF THE SITE AND IN OTHER LOCATIONS ON THE SITE.

BY VIEWING, VISITING, USING, OR INTERACTING WITH https://MartinHamilton.com OR WITH ANY BANNER, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE AND SERVICE POLICY AND THE PRIVACY POLICY OF https://MartinHamilton.com.

ALL PERSONS UNDER THE AGE OF 18 ARE ASKED TO CONSULT AN ADULT TO APPROVE YOUR ACCESS TO https://MartinHamilton.com. IF YOU ARE UNDER 18 YEARS OF AGE YOU SHOULD CONSULT WITH AN ADULT BEFORE, VISITING, READING, OR INTERACTING WITH https://MartinHamilton.com OR ITS CONTENTS IN ANY MANNER. Https://MartinHamilton.com SPECIFICALLY PROTECTS ACCESS AND REQUESTS PROPER GUIDANCE TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.

Https://MartinHamilton.com. RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, https://MartinHamilton.com IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW https://MartinHamilton.com, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of US $100,000.00 plus costs and actual damages for violating this provision.

DISCLAIMER FOR CONTENTS OF SITE

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he or she causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse this Website for all damages.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

These Terms of Service (“Terms”) govern your use of our website located at https://martinhamilton.com (the “Website”) and any related services provided by martinhamilton.com (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not access or use the Service.

Account Registration
1.1 In order to access certain features of the Service, you may be required to create an account. You must provide accurate and complete information when creating your account. It is your responsibility to keep your account credentials confidential and secure. You are solely responsible for any activity that occurs under your account.

1.2 You must be at least 18 years old to create an account and use the Service. By creating an account and using the Service, you represent and warrant that you are at least 18 years old.

User Content
2.1 The Service may allow you to submit, post, or display content, including but not limited to text, images, videos, and other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting, posting, or displaying User Content on or through the Service, you grant martinhamilton.com a non-exclusive, worldwide, royalty-free, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service.

2.2 You are solely responsible for the accuracy, legality, and appropriateness of your User Content. You represent and warrant that you have all necessary rights to grant the license in Section 2.1 and that your User Content does not violate any third-party rights or applicable laws.

2.3 martinhamilton.com reserves the right to remove or modify any User Content that violates these Terms or is otherwise objectionable, in its sole discretion. martinhamilton.com does not endorse or guarantee the accuracy, integrity, or quality of any User Content.

Intellectual Property Rights
3.1 The Service and its original content, features, and functionality are owned by martinhamilton.com and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 You may not copy, modify, distribute, sell, or lease any part of the Service or its content, nor may you reverse engineer or attempt to extract the source code of the Service, unless permitted by applicable law.

Third-Party Links and Services
4.1 The Service may contain links to third-party websites or services that are not owned or controlled by martinhamilton.com. martinhamilton.com has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that martinhamilton.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

4.2 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Disclaimer of Warranty and Limitation of Liability
5.1 The Service is provided on an “as is” and “as available” basis without any warranties, express or implied. martinhamilton.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5.2 To the maximum extent permitted by applicable law, martinhamilton.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not martinhamilton.com has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.

Indemnification
You agree to indemnify, defend, and hold harmless martinhamilton.com and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or relating to your violation of these Terms or your use of the Service.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of [Country/State], without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be subject to the exclusive jurisdiction of the courts of [Country/State].
Changes to These Terms
martinhamilton.com reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.