TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. Company can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes.

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This website is owned and operated by H. D. Smith and its affiliates (collectively "Company," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

In connection with viewing and using this website you are permitted to temporarily download materials posted on this website. Bots, spiders and other indexing or automated agents are not permitted to access or index this website or to download or copy information from this site for any purpose.

Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Company and any copyright owner from whom we have obtained a license. Requests for such permission should be made to postmaster@hdsmith.com. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Company's written permission.

CONTENTS AND HYPERLINKS
This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Company has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

If you want to link to this website please contact postmaster@hdsmith.com before creating that link so the site may be previewed. Company does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval and must be made to the site home page at www.hdsmith.com rather than to any other specific pages within the site.

USER CONTENT
Company is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them. Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails to Company or postings on interactive portions of this website, shall be deemed and shall remain the property of Company. Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. Company is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby RELEASE Company from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this website or Company, you hereby grant Company, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT
Company does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

  • You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  • You will not upload viruses or harmful components.
  • You will not use the website to further any illegal purpose or to violate the rights of any party.
  • You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Company will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

PRODUCTS, SERVICES AND CONTENT
Downloading content from this website does not give you title to such materials, including any files, data and images incorporated in or associated with such materials. Your use of any downloaded materials shall be only in accordance with the license agreement that is included with the materials or presented upon download of such materials.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Company of that product, service or publication.

Your purchase of products from this website is subject to our Terms and Conditions which set forth terms applicable to the order, delivery and return of products offered through this website. If you do not agree to those Terms and Conditions, please do not order products from this website. Products offered through this website shall be subject to our Return Policy and shall be warranted, if at all, through the written license or warranty provided in connection with such product.

In the event a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, Company shall have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted.

PRICING DISCLAIMER
Prices presented on this website are anticipated prices for products. Actual pricing of any product is subject to confirmation at the time an order is submitted to our billing system. If at that time the product price differs from the price presented at the time you placed your order, the current price at time of billing will take precedence.

In the event a product is listed at an incorrect price due to typographical or other errors in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your account charged. If your account has already been charged for the purchase and your order is canceled, we will issue a credit to your account in the amount of the incorrect price. We will not be responsible for any damages or loss, including lost profits or opportunity, resulting from orders canceled due to errors or changes in the pricing of products at the time of billing.

AVAILABILITY DISCLAIMER
This website attempts to provide “real time” information about the availability of product. However, lag times in processing requests, the possibility of simultaneous requests, and intervening purchases may affect the accuracy of this information. Actual availability of any product is subject to confirmation at the time an order is submitted to our billing system.

If an ordered item is not in stock at that time the item will either be backordered, acquired, or shorted depending on the user or account preferences. Backorders may be canceled by contacting your customer service representative. We reserve the right to cancel backorders at any time. We will not be responsible for any damages or loss, including lost profits or opportunity, resulting from backorders or orders rejected or canceled due to the unavailability of product at the time of billing.

PROTECTION OF ACCOUNT AND PASSWORD; INDEMNIFICATION
You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You agree to indemnify, defend and hold us harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

NO REPRESENTATIONS OR WARRANTIES
Company makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Company's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." COMPANY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

JURISDICTION AND CHOICE OF LAW
Company controls and manages this website from its facilities in the State of Illinois. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. You and Company irrevocably consent to the exclusive jurisdiction of the courts located in Illinois in connection with any action arising out of or related to these terms of use or their subject matter. You and Company waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Company or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Except as otherwise noted, Company is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). A partial list of the trademarks of Company appears below:

H. D. SMITH, H. D. SMITH LOGO, ORDERBASE, ORDERBASE LOGO, INSYTE, INSYTE LOGO, MAJOR VALUE, TOTAL RETURNS and the MAJOR VALUE LOGO

SEVERABILITY
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Company reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL
These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Company reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Company may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Company. In the event of a conflict between such additional or different terms and these terms of use, the additional or different terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2000-5 H. D. Smith.

All rights reserved.

CONTACT INFORMATION:
H. D. Smith
3063 Fiat Ave
Springfield, Illinois 62703
Attention: Postmaster
Tel: (217) 753-1688
postmaster@hdsmith.com

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS
Notification must be submitted to the following Designated Agent:
Service Provider(s): H. D. Smith
Name of Agent Designated to Receive Notification of Claimed Infringement: John D’Amaro
Full Address of Designated Agent to Which Notification Should Be Sent:
3063 Fiat Ave, Springfield, Illinois 62703
Telephone Number of Designated Agent: (217) 753-1688
Facsimile Number of Designated Agent: [(217) 467-8299
E-mail Address of Designated Agent: postmaster@hdsmith.com
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.