Terms of Use

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.

Trademark Information
"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 acknowledgment.

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 criminal penalties.

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 or information.

Limitation of Liability
YOU AGREE TO HOLD HARDBERGER HARMLESS FROM, AND YOU COVENANT NOT TO SUE HARDBERGER 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.

User Submissions
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.

Indemnity
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 own risk.

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 the Act:

Name Michael L. Bono, Esq.
Address Place St. Charles
201 St. Charles Ave., No. 114-271
New Orleans, LA  70170
Telephone Number +1-504-613-0796
E-Mail Address

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 apparent.


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