AnonymousTips.com
Terms Of Use
AnonymousTips.com is a free service offered by HRBaer Media, LLC. (“HRBaer Media”) and used by law enforcement agencies and school officials across the United States to receive anonymous tips from students and private citizens.
These terms of use (“Terms of Use”) specified herein govern the use of www.AnonymousTips.com (“Website”) and the services provided through the Website (“Website Services”) by HRBaer Media that owns and operates the Website. Please read these Terms of Use carefully. By visiting the Website and/or using the Website Services, you shall have affirmed that you have read, agree and consent to all of the Terms of Use specified herein and further agree to be bound by them. As such, these Terms of Use represent a binding agreement between you and HRBaer Media.
1. General
1.1 Definitions
1.1.1 “Consumer” means any individual or entity that visits the Website. Where applicable, the term “Consumer” shall encompass all customers.
1.1.2 “Content” means all material, whether publicly posted or privately transmitted, that Customers upload, post, broadcast, email, transmit, or otherwise make available on the Website or through the Website Services.
1.1.3 “Customer” means any Consumer who uses the Website Services or registers with the Website.
1.1.4 “HRBaer Media Trademarks” means any trademarks, tradenames, logos, and other commercial designs of HRBaer Media or licensed to HRBaer Media, whether or not formal registration exists including, but not limited to, HRBaer Media and Anonymous Tips.
1.1.5 “Website” means all of the information and content (in any format whatsoever) accessible through the World Wide Web at the address www.AnonymousTips.com.
1.1.6 “Website Material” means all of the information and content (in any format whatsoever) on the Website or transmitted via the Website Services.
1.1.7 “Website Services” means the services provided by HRBaer Media through www.AnonymousTips.com.
1.2 By entering and using the Website and the Website Services, you agree that you have read, understood, and agree to be bound by the Terms of Use.
1.3 All parties explicitly agree that the use of the Website and Website Services shall be pursuant to these Terms of Use. HRBaer Media shall not be bound by any additional or different terms provided by any Consumer or Customer.
1.4 The Terms of Use shall be considered and construed as a binding agreement between you and HRBaer Media.
1.5 The Terms of Use comprises the entire agreement between you and HRBaer Media, superseding any prior agreements. Please note that you may be subject to additional rules and regulations that may apply when you apply for and use the Website Services. Any such additional rules and regulations shall be explicitly referenced herein and considered as incorporated within the Terms of Use.
1.6 These Terms of Use contain disclaimers (including Sections 7, 8, and 9) as well as exclusive remedy provisions (including Section 8).
2. Modifications to Terms of Use.
2.1 Because the Internet remains a dynamic communications forum and the law on Internet and online commerce remains just as dynamic, the Parties understand that HRBaer Media may alter, amend, change, waive, terminate or modify any term contained within its Terms of Use at any time provided that:
2.1.1 Should HRBaer Media alter, amend, change, waive, terminate or modify any term contained within these Terms of Use, it shall provide notice by:
(a) Posting the new Terms of Use to the Website, particularly www.AnonymousTips.com;
(b) electronic mail (where available and applicable) or other means pursuant to these Terms of Use; and/or
(c) as otherwise required by law.
2.1.2 Upon Notice, any Customer may elect to terminate use of the Website and Website Services. Should a Customer continue to use the Website and Website Services, such continued use shall constitute acceptance of the altered, amended, changed, waived, terminated or modified Terms of Use.
2.1.3 Should the Customer accept the altered, amended, changed, waived, terminated or modified Terms of Use, the Customer’s use of the Website and Website Services shall proceed under the new Terms of Use;
2.1.4 Further, should the Customer accept the altered, amended, changed, waived, terminated or modified Terms of Use, the Customer shall execute any document presented to the Customer memorializing such acceptance. However, the absence of such a document shall not affect the enforceability of, and HRBaer Media’s reliance upon, Customer’s acceptance.
2.2 You agree to review the Terms of Use and the relevant rules and regulations periodically to be updated of any such changes.
2.3 The act of placing a web page (URL) into a temporary file on your browser so that you may return to that page at a future date directly, without passing through certain preceding pages (“bookmarking”), may under certain circumstances result in the bypass of links to the Terms of Use. You hereby agree that any use of such bookmarks or bookmarking to bypass any web pages to enter into the Website and Website Services constitutes acceptance of the Terms of Use.
2.4 Please note that your continued use of the Website and Website Services following the changes of the Terms of Use constitutes acceptance of all such changes.
3. Intellectual Property Rights
3.1 Copyright. All of the Website Material is either owned by or licensed to HRBaer Media.
3.1.1 All Website Material is proprietary and constitutes valuable intellectual property.
3.1.1.1 All Website Material is copyrighted and protected under treaty provisions and worldwide copyright laws.
3.1.1.2 The Website Material, including that which is transmitted via the Website Services, may not be reproduced, copied, edited, published, transmitted or uploaded in any way without express written permission from HRBaer Media.
3.1.2 You may not utilize any part of the Website Materials for commercial purposes without obtaining written consent from us.
3.1.3 By posting to and/or using HRBaer Media’s Website and Website Services, you grant HRBaer Media the authorization to forward such postings and/or communications to the parties to whom such postings have been directed by you.
3.1.4 By posting to and/or using HRBaer Media’s Website and Website Services, you agree that you shall not infringe the copyright of any third parties and shall indemnify HRBaer Media from any claims made by third parties against HRBaer Media including, but not limited to, copyright infringement.
3.1.5 Customers may link to the Website from their own websites and other third party websites, if such link is otherwise in accordance with the Customer’s use of the Website Services and these Terms of Use.
3.1.6 Customers and Consumers may not frame any elements of this Website within any other website.
3.1.7 Customers and Consumers may not make it appear that they own the Website or that it represents their concept.
3.2 Trademarks.
3.2.1 Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of HRBaer Media Trademarks displayed on the Website without HRBaer Media’ prior express written permission.
3.2.2 All goodwill generated from HRBaer Media Trademarks will inure solely to HRBaer Media’ benefit.
3.2.3 All other companies’ names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to HRBaer Media.
3.2.4 HRBaer Media reserves the right to restrict the use of its name, system, and logo.
3.3 Destruction of Materials
3.3.1 Should any Customer or Consumer violate these terms regarding intellectual property, such Customer or Consumer must delete any materials obtained in violation of these Terms of Use immediately upon notice or upon realizing possession of such materials violate these Terms of Use, whichever is earlier.
4. Consumer Conduct.
4.1 The Website and Website Services shall be used for lawful purposes only.
4.2 DO NOT use the Website and Website Services to communicate notice of emergencies or situations where harm to anyone is imminent. In all cases of emergency or imminent harm, DIAL 911.
4.3 You agree to provide HRBaer Media with true, accurate and current information as requested when registering for Website Services from HRBaer Media. Failure to do so shall constitute a breach of these Terms of Use.
4.4 You agree not to reproduce, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. You may not register on behalf of another individual or group, or assign a registration to any other person.
4.5 A username and password are not presently required to use the Website or Website Services.
4.6 You shall be solely and entirely responsible for any and all use of the Website and Website Services.
4.6.1 As a Customer, you may not permit any other person to use the Website or Website Services as you.
4.6.2 You must promptly inform HRBaer Media of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Username or password.
4.7 The Website and Website Services shall not be used for any of the following:
4.7.1 Submit tips that are knowingly inaccurate or misleading in any way;
4.7.2 Email or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, disparaging, defamatory, vulgar, obscene, slanderous, libelous, presents a person in a false light, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
4.7.3 Harass or “stalk” any person;
4.7.4 Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
4.7.5 Email or transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.7.6 Attempt to interfere and/or interfere with the Website or Website Services;
4.7.7 Intentionally or unintentionally violating or circumventing any applicable local, state, national, or international law; any rules, regulations or statutes thereunder; or any court orders;
4.7.8 Email or transmit any Content that infringes any intellectual property rights (including patent, trademark, trade secret, copyright or other proprietary rights) of any party;
4.7.9 Email or transmit any Content with the intent to interfere, cause disruption, or cause slowdowns in service of any other internet service or equipment;
4.7.10 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
4.7.11 Email or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.7.12 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by HRBaer Media in its sole discretion;
4.7.13 Posting any profanity or obscene words or images.
4.7.14 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, or use the Website or Website Services or any of the equipment of HRBaer Media to forward any of the foregoing from another source;
4.7.14.1 HRBaer Media maintains a strict policy forbidding any spam or misuse of email services within its Website or Website Services.
4.7.15 Posting or transmitting, or causing to be posted or transmitted, via the Website or Website Services any materials advertising any business other than HRBaer Media;
4.7.15.1 HRBaer Media may provide certain strategic partners an opportunity to advertise via the Website and/or Website Services after receiving express written permission from HRBaer Media. For information regarding advertising, contact HRBaer Media via the contact form located at http://www.AnonymousTips.com/contact/.
4.7.15.2 Additional and/or different rules may apply in the event HRBaer Media dedicates a special forum in the future to the promotion and/or offering of services by Customers.
4.7.15.3 The publication of customer reviews will not constitute advertising.
4.7.15.4 HRBaer Media expressly forbids businesses from publishing reviews about themselves – real or fake – on HRBaer Media.
4.7.15.5 HRBaer Media expressly forbids businesses from publishing negative reviews about their competitors – real or fake – on HRBaer Media.
4.7.16 Seeking to obtain private financial information from any Consumer;
4.7.17 Email or transmit any content that a Customer does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.7.18 Email or transmit or export any technical data from the United States to another country in violation of transmission or export laws;
4.7.19 Forward links to web sites or internet content that would violate any of the above; and/or
4.7.20 Attempting to interfere with HRBaer Media’s security measures.
4.8 Should any Consumer believe that another individual has violated any of the foregoing Terms of Use, he/she should immediately notify HRBaer Media via http://www.HRBaer Media.com/contact/.
4.9 Upon learning of any error, omission or violation of the Terms of Use by any other third party, a customer shall immediately notify HRBaer Media via http://www.HRBaer Media.com/contact/.
4.10 Termination of Use and/or Restriction on Privileges.
4.10.1 HRBaer Media reserves the right to refuse its Website Services to anyone should it believe that the Website Services have been or are being used for any unlawful purpose or used in violation of any of these Terms of Use or any other HRBaer Media agreement or policy. In particular, if HRBaer Media reasonably determines that you have violated these Terms of Use or any other HRBaer Media agreement or policy, HRBaer Media may terminate your ability to submit anonymous tips in the future.
4.10.2 HRBaer Media reserves the right to take any further action as permitted by law should it believe that the Website Services have been or are being used for any unlawful purpose or used in violation of any of these Terms of Use or any other HRBaer Media agreement or policy.
4.10.3 In particular, HRBaer Media may terminate an individual’s use of the Website and/or Website Services immediately should a party use the Website or Website Services for illegal purposes or in a manner that violates any of these Terms of Use or any other HRBaer Media agreement or policy.
4.10.4 HRBaer Media also reserves the right to suspend or terminate an individual’s use of the Website and/or Website Services should HRBaer Media become involved in pending litigation or other similar dispute with the Customer, in relation to the Customer’s use of the Website and/or Website Services, or for any other reason. Should the Customer become involved in litigation or other similar dispute in relation to the Customer’s use of the Website and/or Website Services, HRBaer Media also may suspend or terminate the Customer’s use thereof immediately and without notice.
4.10.5 Should your use of the Website and/or Website Services become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your use of the Website and/or Website Services and/or the termination thereof.
4.10.6 HRBaer Media shall not be liable to you or any third-party for any termination of your use of the Website or Website Services.
4.10.7 There shall be no refunds for any use terminated as a result of a breach of the Terms of Use.
4.10.8 Any Customer whose use has been terminated by HRBaer Media may not access the Website or the Website Services without the prior express written permission of HRBaer Media
4.10.9 Should the Website and/or Website Services become terminated or suspended, all use of the Website and/or Website Services shall be terminated immediately, without any prior notifications by HRBaer Media.
4.10.10 Apart from the foregoing, if HRBaer Media terminates your use of the Website and/or Website Services for any reason other than breach of the Terms of Use or other reasons specified herein, HRBaer Media will make every effort to provide you with notice at least ten (10) days before your anniversary renewal date. In such case, the termination shall occur on the anniversary date.
5. Website Services.
5.1 Description of Website Services. HRBaer Media provides individual citizens with the ability to send anonymous tips via electronic mail subject to the terms of these Terms of Use and all other HRBaer Media agreements or policies. HRBaer Media also allows law enforcement agencies, schools and other entities to register and receive anonymous tips. You cannot receive responses or further converse by email with the parties you contact. Additionally, Recipients can opt out of receiving certain anonymous emails from HRBaer Media.
5.2 Use of Website Services.
5.2.1 DO NOT use the Website and Website Services to communicate notice of emergencies or situations where harm to anyone is imminent. In all cases of emergency or imminent harm, DIAL 911.
5.2.2 HRBaer Media does not endorse Content provided by Customers that is made available via the Website and/or Website Services.
5.2.3 HRBaer Media reserves the right, but not the obligation, to delete and/or refrain from sending Anonymous Tips that it believes, in its sole discretion, violate these Terms of Use. The failure of HRBaer Media to delete any Anonymous Tip does not constitute HRBaer Media’ endorsement of any such Anonymous Tip.
5.2.4 HRBaer Media is not responsible for any and all defamatory, libelous, or slanderous Content posted by its Customers.
5.2.5 If you believe any Website Content violates your rights in any way, you may contact HRBaer Media via info@papabaerproductions.com
6. DISCLAIMER OF WARRANTIES
6.1 THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
6.2 HRBaer Media SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
6.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
6.2.1.1 THE WEBSITE/WEBSITE SERVICES;
6.2.1.2 ANONYMOUS TIPS BEING RECEIVED BY INTENDED RECIPIENTS; AND
6.2.1.3 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
6.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
6.2.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
6.2.3.1 ANONYMOUS TIPS; and,
6.2.3.2 THE CONTENTS OF ANONYMOUS TIPS;
6.2.4 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
6.2.5 ANY WARRANTIES OF NON-INFRINGEMENT; AND
6.2.6 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF HRBaer Media IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
6.3 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
6.4 HRBaer Media MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
6.5 HRBaer Media DOES NOT GUARANTEE SUCCESSFUL DELIVERY AND/OR TRANSMISSION OF ANY ANONYMOUS TIP.
6.6 HRBaer Media DOES NOT GUARANTEE THE AUTHENTICITY OF ANY TIP OR INFORMATION SENT THROUGH THE WEBSITE OR WEBSITE SERVICES.
6.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE WEBSITE AND/OR WEBSITE SERVICES.
7. ADDITIONAL DISCLAIMERS
7.1 Third Party Links and Products.
7.1.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, HRBaer Media MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
7.1.2 HRBaer Media HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
7.1.3 HRBaer Media IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
7.1.4 HRBaer Media SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7.1.5 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
7.1.6 HRBaer Media IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
7.1.7 HRBaer Media SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL HRBaer Media; ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS; OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, AND ANY OTHER KIND OF DAMAGE OR INTANGIBLE LOSS), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF HRBaer Media WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
8.2 HRBaer Media SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILAIBILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURENCES.
8.3 HRBaer Media SHALL NOT BE LIABLE FOR ANY DAMAGES
8.4 IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH HRBaer Media IN CONNECTION WITH THE SAME OR THESE TERMS OF USE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE AND THE SERVICES.
8.5 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
8.5.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
8.5.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
8.6 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
8.7 HRBaer Media shall not be held liable for any special, indirect, incidental or consequential damages arising out of or connected with these Terms of Use or with any of the services provided hereunder, regardless of whether caused by HRBaer Media, its agents, employees, subsidiaries, representatives, assigns or otherwise.
8.8 HRBaer Media SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ANY CONTENT THROUGH THIS WEBSITE.
8.8.1 WITHOUT WAIVING THE FOREGOING, A CONSUMER SHALL NOT BE ENTITLED TO ANY DAMAGES UNLESS SAID CONSUMER IS ALSO A CUSTOMER.
8.8.2 WITHOUT WAIVING THE FOREGOING, A CUSTOMER’S DAMAGES SHALL NOT EXCEED THE VALUE OF ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR WEBSITE SERVICES.
8.9 HRBaer Media SPECIFICALLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE ANONYMOUS TIPS COMMUNICATED THROUGH THE WEBSITE BY ITS CUSTOMERS.
8.10 THE FOREGOING LIMITATIONS OF LIABILIY SHALL ALSO EXPRESSLY APPLY TO ANY DAMAGES, INJURIES, OR CLAIMS (OF ANY KIND) CAUSED BY AND/OR EMANATING FROM THE DISCLOSURE OF ANY PARTY’S IDENTIY OR IDENTIFYING INFORMATION.
9. Changes to Service. HRBaer Media reserves the right at any time to modify the Service. Changes may occur from time to time. Notice of any changes or modifications will be provided through the Website and, as appropriate, other means of notice provided herein. Absence of any notice beyond changes on the Website shall not affect the enforceability of the Terms of Use.
10. Procedures of Subpoenas
10.1 HRBaer Media may reveal a Customer’s personally identifying information upon receipt of a valid and properly served subpoena.
10.2 Any subpoena must be personally served upon HRBaer Media at 7740 East Evans Road, Scottsdale, AZ 85260.
10.3 Any subpoena must specifically identify (a) the content about which personally identifying information is sought; (b) the date such content was sent; (c) the recipients of such content; (d) the purposes for which personally identifying information is sought; and (e) any additional information justifying disclosure.
10.4 Given that HRBaer Media destroys certain information in the normal course of business, notice should be served upon HRBaer Media should a party seek to have information preserved. HRBaer Media does not guarantee the preservation of any evidence absent serviced upon HRBaer Media of a valid court order compelling such preservation.
11. General Provisions
11.1 Acknowledgement. You acknowledge that you have read, understood, and agreed to all terms contained herein.
11.2 Applicable Law. The Terms of Use shall be construed and enforced in accordance with the laws of the State of Arizona without regard to its conflicts of laws provisions. You agree to submit to the personal and subject matter jurisdiction of the courts located within the county of Maricopa, Arizona. You also agree the venue for any action, dispute or proceeding with respect to this Agreement shall be the county of Maricopa, Arizona.
11.3 Entire Agreement. The Parties agree that the Terms of Use as it shall be modified from time to time constitutes the full and complete understanding among them with respect to the subject matter hereof and supersedes and preempts any prior understandings, agreements, or representations by or among the Parties, written or oral, which may have related to the subject matter hereof in any way. You may not rely on any other statements, promises, or agreements by any party, whether written or oral, that alters or contradicts the terms of this Terms of Use.
11.4 Incorporation Clause. These Terms of Use expressly incorporate the terms provided for in HRBaer Media’ Privacy and Security Policy.
11.5 Indemnification. Any Consumer of the Website and/or Website Services shall indemnify and hold HRBaer Media, the owners and operators of HRBaer Media, as well as their officers, agents, directors and employees, harmless against any and all claims, expenses and/or losses, including reasonable legal fees (including but not limited to attorney’s fees, paralegal fees, costs and expenses), made by any third party against HRBaer Media due to or arising from your use of and/or connection to the Website or Website Services; or from Anonymous Tips and/or information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Website; your connection to the Website; your violation of these Terms of Use; or your violation of any rights of any other person or entity.
11.6 Independent Parties. You and HRBaer Media are independent parties and nothing contained in this Terms of Use shall be construed or implied to create any agency or partnership between you and HRBaer Media. At no time shall you or HRBaer Media act as an agent for or make commitments for or in the name of the other party.
11.7 Paragraph and Section Headings. Paragraph and Section headings are for convenience only and shall not be used to construe the Terms of Use or otherwise be given any legal effect.
11.8 Reasonableness. The Parties have read each of the terms in the Terms of Use and consider each of them, including all subparts, to be reasonable.
11.9 Savings Clause. In the event that any provision of the Terms of Use is held to be void or unenforceable by a Court of competent jurisdiction, the remaining provisions of the Terms of Use shall nevertheless be binding upon the Parties with the same effect as though the void or unenforceable part had been deleted. Further, any provision held to be void or unenforceable by a Court of competent jurisdiction shall be construed, if possible, to give effect to the Parties’ intent. The Parties agree that any such provision, in its form so modified by the court, shall then be enforceable and shall be enforced.
11.10 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Website and/or Website Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, the doctrine of “continuous publication” shall apply to this Terms of Use.
11.11 Waiver.
11.11.1 No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
11.11.2 The failure of HRBaer Media to insist, in any one or more instances, upon the performance of any of the terms of this Agreement or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term or the future exercise of such right.
11.11.3 No employee, agent or representative, including without limitation a customer service representative, of HRBaer Media shall be entitled to waive any term of the Terms of Use or any other HRBaer Media’ agreement or policy.
11.12 Notices. Notices by HRBaer Media to you for any reason (including changes to this Agreement, the Service, the fees, or other similar matters) may be provided by a general posting on the Website at www.AnonymousTips.com. Other notices from HRBaer Media may be made via conventional email or regular mail. Notices by you to HRBaer Media may be given through electronic mail via info@papabaerproductions.com (return receipt requested) or by United States Certified First Class Mail to HRBaer Media, 7740 E. Evans Road, Scottsdale, AZ 85260, unless otherwise specified in these Terms of Use. Without receiving a confirmation email back from HRBaer Media or sending postal mail certified first class, you may not assume that your notice has been received.
11.13 Restricted Locations.
11.13.1 The Website and Website Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
11.13.2 The Website may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Website and/or the Website Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
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