Legal Information


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Terms of Use

JHelm Associates, LLC, (to be referred to as "JHA") offers this Web site to you for interacting with JHA and for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site. If you have any questions about these terms, please contact webmaster@jhelmassociates.com.

Use Of Site

JHA or third parties granting rights to JHA hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of JHA or such third parties. JHA grants you a limited, personal, non-exclusive and non-transferable license to use and display the site materials only on your personal computer and only for purposes associated with your interaction with JHA. You have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of JHA.

Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

JHA does not routinely monitor your usage of the Site but reserves the right so to do. However, in our efforts to promote good citizenship within the Internet community, if JHA becomes aware of inappropriate use of the Site or any of its Services, JHA will respond in any way that, in its sole discretion, JHA deems appropriate. You acknowledge that JHA will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, JHA will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

Unauthorized Activities

Unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold JHA and its principal, officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

Additional unauthorized uses include, but are not limited to:
  • Interrupting or attempting to interrupt the operation of the site in any way.
  • Posting, redirecting, or otherwise cause the display any obscene, defamatory or annoying materials as a result of interacting with this site.
  • Obscure any materials, including this notice, already posted on the site.
  • Use the site or any contents thereof to defame, intimidate, annoy or otherwise cause nuisance or breach the rights of any person.

Disclaimer of Warranties

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by JHA. JHA does not warrant the accuracy or timeliness of the materials. JHA has no liability for any errors or omissions in the materials, whether provided by JHA or third parties.

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. JHELM ASSOCIATES, LLC, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEB SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. JHELM ASSOCIATES, LLC, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF JHELM ASSOCIATES, LLC, HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, JHELM ASSOCIATES, LLC, DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. JHA does not make any warranty or representation with respect to the accuracy or completeness of any such information.

Furthermore, the prices and availability of products on this site may change without notice to you at any time in JHA's sole discretion.

Availability

JHA Web sites offer products, services, content and various other functionality (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment and other considerations. JHA does not make any warranty or representation that a user in one region may obtain the Services from the JHA site in another region and JHA may cancel a user's order or redirect a user to the site for that user's region if a user attempts to order Services offered on a site in another region.

Information JHA publishes on the World Wide Web may contain references or cross references to JHA products, programs and services that are not announced or available in your country. Such references do not imply that JHA intends to announce such products, programs or services in your country. Consult your local JHA business contact for information regarding the products, programs and services which may be available to you.

Links to Third Party Sites

This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by JHA. Such links do not constitute an endorsement by JHA of any such sites. You acknowledge that JHA is providing these links to you only as a convenience, and you agree that JHA is not responsible for the content or links displayed on such sites to which you may be linked.

Local Laws; Export Control

JHA controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

The products and services on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such products or services contrary to United States law is prohibited. Neither the services, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Trademarks

The JHA "Radar "Logo, and all products denoted with ˜ or ® are trademarks or registered trademarks of JHA, LLC. JHA trademarks may not be used in connection with any product or service that is not a JHA product or service.

JHA acknowledges any trademarks referred to on this Site to be the property of their respective owners.

Terms of Use Revisions

JHA may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

Applicable Law

Any action related to these Terms will be governed by the law of the State of Washington, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington 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 your use of this site, any purchase from this site, or these Terms and Conditions.

Linking to This Site

Anyone linking to JHA's Web site must comply with the Guidelines for Linking to JHA Web sites and all applicable laws. Moreover, JHA assumes no obligation to preserve or maintain any link to any page.

Guidelines for linking to JHA's Web sites

A site that links to JHA's web site:
  • May link to but not replicate JHA content
  • Should not create a browser or border environment around JHA content
  • Should not imply that JHA is endorsing it or its products
  • Should not misrepresent its relationship with JHA
  • Should not present false information about JHA products or services
  • Should not use the JHA logo without permission from JHA
  • Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups
  • Persons wishing to link to materials on this site are encouraged to always provide a link to the home page independently of any links to specific items on this site.

Privacy Policy and Agreement

JHA respects and is committed to protecting your privacy. That is why we have adopted this Privacy Policy. This Privacy Policy lets you know how your personal information is processed and used. We promise that we will take steps to use your personal information only in ways that are compatible with this Privacy Policy. The following policies are only in effect for the Web pages, newsletters, discussion lists and opt-in announcement lists owned and operated by JHA, LLC, and its wholly owned subsidiaries. The following discloses our Privacy Policy.

What information are you collecting, how are you collecting it, and how do you use it?

We do not collect and evaluate visitor information for specific individuals. Our Web servers do not automatically record e-mail addresses of our visitors. If you send us e-mail we will receive your reply-to address. This address will be used only in connection with our correspondence with you.

Every computer connected to the Internet is given a set of numbers, that serve as that computer's "Internet Protocol" or "IP" address. When a visitor requests a page from any Web sites, our Web servers automatically recognize that visitor's IP address and, if assigned, that computers "Domain Name". The domain name and IP address reveal nothing personal about you other than the IP address from which you have accessed our site. We use this information to investigate misuse of the JHA Web site as described in the section "Will you disclose the information you do collect to outside third parties?" appearing on this page; and, to examine our traffic in aggregate which includes a third party visitor mapping service called "ClustrMaps".

Will you disclose the information you do collect to outside third parties?

JHA will disclose personal information and/or an IP address, when required by law or in the good-faith belief that such action is necessary to:
  1. Cooperate with the investigations of purported unlawful activities and conform to the edicts of the law or comply with legal process served on JHA,
  2. Protect and defend the rights or property of the JHA Network of sites and related properties, or visitors to the JHA Network of sites and related properties,
  3. Identify persons who may be violating the law, the JHA legal notice and Web site User Agreement, the rights of third parties, or otherwise misusing the JHA or its related properties,

What are cookies and does JHA use them?

A cookie is a small piece of data that is stored on your computer's hard drive by your browser. A cookie can't read data off of your computer hard disk or read cookie files created by other Web sites. Cookies do not damage your system; some cookies, however, are used by "Spyware" programs to track your computer activity. IF A VISITOR'S BROWSER HAS COOKIES ENABLED THIS VERSION OF THE JHELM ASSOCIATES, LLC, WEB SITE USES A COOKIE TO STORE USER PREFERENCES, SAVE CERTAIN KINDS OF WORK SUCH AS PARTIALLY FILLED OUT FORMS, AND TIME STAMPS. The use of this cookie is optional; without it certain usability features are disabled thereby slightly diminishing the user experience.

How do you use single-pixel gifs?

JHA uses a single-pixel "gif" file (called "jha_spacer0.gif") in order to achieve an attractive layout for certain non-standards compliant web browsers. NO INFORMATION IS GATHERED WITH JHA_SPACER0.GIF.

Advertisers often use single-pixel gif images, sometimes referred to as tracking pixels, web bugs or web beacons, to count Web page accesses, read cookie information, or gather general statistical information. JHELM ASSOCIATES DOES NOT GATHER PERSONAL INFORMATION THROUGH THE USE OF THESE IMAGES.

What other information do you request?

We may also request your e-mail address or mailing address for the purposes of conducting a survey or to provide additional services (for example, subscriptions to e-mail newsletters, announcement lists or information about conferences and trade shows). Whenever we request the identity of a visitor, we will clearly indicate the purpose of the inquiry before the information is requested. We maintain a strict "No-Spam" policy that means that we do not sell, rent, or otherwise give your e-mail address to a third-party, without your consent or as permitted by this Privacy Policy.

We may from time to time send e-mail announcing important events of new JHA products and services. Except as stated above, JHA will not send you e-mail that you have not agreed to receive.

What else should I know about my privacy when online?

The JHA Web sites many contain hyperlinks to third party Web sites. JHA is not responsible for the privacy practices or the content of such third party Web sites or advertisers. JHA does not share any of the individual personal information you provide JHA with the third parties to which JHA links, except as stated elsewhere within this Privacy Policy, although JHA may share general, aggregate data with such third parties (such as how many people use our site). Please check with those Web sites to determine their privacy policy.

Please keep in mind that whenever you voluntarily disclose personal information online - for example through e-mail, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for maintaining the secrecy of your personal information. Please be careful and responsible whenever you're online.

Your Consent To This Privacy Agreement

By using the JHA Web site, you consent to the collection and use of information by JHA as specified above. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Please send any questions about JHA's Privacy Policy to: webmaster@jhelmassociates.com

Please note that your use of the JHA Web site is governed by our Terms Of Use.

COPYRIGHT NOTICE

Copyright © 2014 JHelm Associates, LLC. Any rights not expressly granted herein are reserved.
This is Version 1.7.3, last updated on February 27, 2014.