TERMS OF USE

The HESA website consists of numerous web pages published by HESA, including but not limited to the content posted on all HESA.org pages ("Services"). HESA's website is offered to you on the terms and conditions set forth below. Your use of the HESA website constitutes your agreement to all such terms, conditions, and notices without modification of any kind. As a condition of your use of the HESA website, you warrant that you will not use the HESA website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HESA website in any manner, which could damage, disable, overburden, or impair the HESA website or interfere with any other party's use and enjoyment of the HESA website. HESA reserves the right to change the terms, conditions, and notices of this Agreement. HESA reserves the right to disclose aggregated information to the larger public or more specific data that you separately and specifically agree that we can share or as set forth under a member-specific agreement with you.

A. Links to third party sites
The HESA website may, for your convenience, contain links to other websites ("Linked Sites"). The inclusion of any link does not imply endorsement by HESA of the site or any association with its owners. Such Linked Sites are not under the control of HESA and HESA is not responsible for the contents of any Linked Site.

B. Passwords and account security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. You agree that you will be solely responsible to HESA for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify HESA immediately at [email protected].

C. Submissions to HESA or posted to any HESA website
HESA does not claim ownership of the materials you provide to HESA or post, upload, or submit to any HESA website (collectively "Submissions"). However, by posting, uploading, providing or submitting your Submission you are granting HESA and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission. Certain HESA membership programs including but not limited to the HESA PSO membership, collect confidential information that is not posted or submitted for the general public and disclosures are governed by terms and conditions contained in a separate agreement with HESA. No compensation will be paid with respect to the use of your Submission, as provided herein. HESA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HESA sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

D. Disclaimer
HESA makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the HESA website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. HESA disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. Advice received via the HESA website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice that pertains to your situation. To the maximum extent permitted by applicable law, in no event shall HESA be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the HESA Institute website, with the delay or inability to use the HESA Institute website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the HESA website, or otherwise arising out of the use of the HESA Institute website, whether based on contract, tort, negligence, strict liability or otherwise, even if HESA has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the HESA website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the HESA website.

E. Termination/access restriction
HESA reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the HESA website and the related services or any portion thereof at any time, without notice. Use of the HESA website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

F. Perpetuity rights
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and HESA have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

G. Copyright and trademark notices
All contents of the HESA Website are: Copyright 2022 by HESA and/or its suppliers. All rights reserved.

H. Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

I. Copyright Notice
The contents of all material available on the site are copyrighted by HESA unless otherwise indicated. All rights are reserved by HESA; the content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of HESA.

J. General Legal Terms
The Terms constitute the whole legal agreement between you and HESA and govern your use of the Services (but excluding any services which HESA may provide to you under a separate written agreement), and completely replace any prior agreements between you and HESA in relation to the Services.

You agree that HESA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

You agree that if HESA does not exercise or enforce any legal right or remedy which is contained in the Terms (or which HESA has the benefit of under any applicable law), this will not be taken to be a formal waiver of HESA's rights and that those rights or remedies will still be available to HESA.