© Copyright 2009 F. Max Hardberger.
All rights reserved.
The following terms and conditions govern your use of this website (the "Site")
belonging to F. Max Hardberger ("Hardberger").
By printing or downloading any material from the Site, you agree to use
the material solely on the terms and conditions stated herein. If
you do not agree to these terms and conditions, please do not use the Site
or print or download any material from it. Hardberger reserves the
right, in his sole discretion, to modify these terms and conditions at any
time. Your use of the Site shall be deemed to constitute your
agreement to these terms and conditions and to any modifications thereof.
The materials on this Site are provided by
Hardberger solely for the
information of individual users. Neither the Site nor the materials
contained herein are intended as, or should be considered to constitute,
an offer to sell, a solicitation to buy, a recommendation for any
security, or an offer to provide advisory or other services in any
jurisdiction in which such offer, solicitation, purchase, or sale would be
unlawful under the securities laws of such jurisdiction. The
information contained on the Site should not be construed as financial or
investment advice on any subject matter.
"Max Hardberger", "F. Max Hardberger" and
"Captain Max" are trademarks of F. Max Hardberger in the United States
and other countries. Hardberger's trademarks may not be used publicly
except with permission from Hardberger, and may not be used in any manner that
is likely to cause confusion among consumers, or in any manner that
disparages or discredits Hardberger. Fair use of Hardberger's trademarks in
advertising and promotion of Hardberger's services requires proper
Single Copy License
All of the materials on this Site, including text and graphics
("Materials"), are copyrighted and any unauthorized use of the
Materials may violate copyright, trademark, and other laws. You may
download one copy of the Materials on a single computer for your personal,
non-commercial internal use only. You may not: (i) modify the
Materials or use them for any commercial purpose, or any public display,
performance, sale or rental; (ii) remove any copyright or other
proprietary notices from the Materials; or (iii) transfer the Materials to
another person. You agree to prevent any unauthorized copying
of the Materials. This is a license, not a transfer of title.
Any reproduction or redistribution of these Materials not in accordance
with this license is prohibited by law, and may result in severe civil and
Ownership of Materials
The Materials on this Site are copyrighted by Hardberger and are protected by
worldwide copyright laws and treaty provisions. These materials may
not be used, copied, modified, printed, or distributed in any way
inconsistent with these terms and conditions, without Hardberger's prior
written approval. This means that you may not distribute the
Materials, include the Materials on other servers or documents, or modify
or reuse the Materials, without the written permission of Hardberger.
However, you may, as expressly provided herein, print copies of the
Materials for your own personal use, store the files on your own computer
for your personal use only, or reference hypertext documents on this Site
from your own documents.
Disclaimer of Warranty
Hardberger assumes no responsibility for errors or omissions in these
Materials or in any of the information provided in or through the Site.
THESE MATERIALS AND INFORMATION ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. HARDBERGER MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE QUALITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY,
TIMELINESS OR COMPLETENESS OF ANY TEXT OR GRAPHIC INFORMATION CONTAINED IN
THE SITE OR THE MATERIALS PRESENTED HEREIN. HARDBERGER DISCLAIMS ALL LIABILITY
IN RESPECT OF ANY ACTIONS OR OMISSIONS TAKEN BY YOU IN RELIANCE ON ANY OF
THE MATERIALS OR INFORMATION CONTAINED IN OR MADE AVAILABLE THROUGH THIS
SITE. FURTHER, HARDBERGER SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
DAMAGE THAT MAY RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY
INFORMATION MADE AVAILABLE TO YOU VIA THE SITE. Hardberger may make
changes to the Materials or information contained in the Site at any time
without notice. Hardberger makes no commitment to update these Materials
Limitation of Liability
YOU AGREE TO HOLD HARDBERGER HARMLESS FROM, AND YOU COVENANT NOT TO SUE
FOR, ANY CLAIMS BASED ON USING THE SITE. HARDBERGER SHALL NOT BE LIABLE
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY ARISE FROM
ANY PERSON'S USE OF THESE MATERIALS OR ANY OF THE INFORMATION PROVIDED IN
OR THROUGH THE SITE, EVEN IF HARDBERGER HAS BEEN ADVISED OF THE PROBABILITY OF
SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or
limitation of liability for consequential or incidental damages, the above
limitation may not apply to you.
Any information or other communications you provide in connection with
this Site ("Communications") shall be deemed to be provided on a
non-proprietary and non-confidential basis. Hardberger shall have no
obligation of any kind with respect to such Communications and shall be
free to use or disseminate such Communications on an unrestricted basis
for any purpose. You acknowledge that you are solely responsible for
the Communications that you submit and bear full and exclusive
responsibility for the legality, reliability and appropriateness of the
Communications. You further agree not to post or transmit to or from
this Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic, or other material that would violate any law.
You agree to defend, indemnify, and hold harmless Hardberger, his officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material or your breach
of the terms of these Legal Notices. Hardberger shall provide notice to
you promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or proceeding.
Links to Other Materials
This Site may from time to time contain links to other sites. The
linked sites are not under the control of Hardberger and Hardberger is not
responsible for the content of any linked site or any link contained in a
linked site, or any changes or updates to such sites. Hardberger reserves the right to terminate any link or linking program at any time.
Hardberger is providing these links to you only as a convenience.
Hardberger does not endorse companies or products to which it links and reserves the
right to note as such on its web pages. If you decide to access any
of the third party sites linked to this Site, you do this entirely at your
Applicable Laws & Venue
This Site is created and controlled by Hardberger from his offices in the
State of California, USA. As such, the validity and enforcement of
these legal notices shall be governed by the laws of the State of
California without reference to its choice of laws principles. You
agree that any legal action or proceeding arising out of or relating to
the Site, the Materials or information contained herein, or these legal
notices shall be brought exclusively in a state or federal court of
competent jurisdiction located in San Francisco County, California.
Designation of Agent
In accordance with Section 512 of the Digital Millennium Copyright Act
(the "Act"), Hardberger has designated the following individual as
an agent to receive notifications of any claimed infringements covered by
||Michael L. Bono, Esq.
||Place St. Charles
201 St. Charles Ave., No. 114-271
New Orleans, LA 70170
In accordance with the Act, Hardberger reserves the right at any time to
implement a "notice and takedown" procedure upon receipt of any
notification of claimed infringements. Hardberger reserves the right at
any time to disable access to, or remove any material or activity
accessible on the Web Site or any materials claimed to be infringing or
based on facts or circumstances from which infringing activity is