We provide access to Hotshot products, related materials and services (together “Products”) on a Trial basis. A “Trial” means either free access to a Product, a subset of a Product or otherwise any access referred to as a trial. Trials may be accessed from the Hotshot website or by such other means as may be communicated by Hotshot from time to time. These terms and conditions (the “Agreement”) apply to any Trial of the Products by an individual that registers for a trial (“you”). By registering to access a Trial of the Product and using the Product you are representing that you are over 18 years of age and that you agree to abide by the terms of this Agreement.
2. PRODUCT USAGE
For the duration of each Trial, we grant you a non-exclusive, non-transferable, worldwide, limited license for you to access and use those Products made available in the Trial solely in accordance with this Agreement. Only you may access the Products.
You may search and view the Products solely for the purposes of assessing their suitability for a full subscription by you or on behalf of a firm, company, school, college or other entity. You may not make any commercial use of the Products and shall not: (i) redistribute the Products to any third party; (ii) share passwords to the Products or otherwise facilitate access to the Products by any third party; (iii) record store or otherwise archive content from the Products; and (iv) reverse engineer, decompile or otherwise attempt to recreate or discern the underlying structure or makeup of any sort, of any Products, including altering any copyright notices contained therein.
You are responsible for noncompliance with this Agreement. You must notify Hotshot promptly upon becoming aware of any noncompliance.
You acknowledge that all articles, notes, documents, updates, text, images, html, data, databases, email messages, videos, transcripts, outlines, quizzes, publications and other contents, resources, materials, know-how and services produced, published, displayed, distributed or provided by Hotshot in, on or through the Trial, including the Products and all software and other technology hosted or used by Hotshot to provide its websites and services and all copyrights, trade secrets, patents, trademarks and other intellectual property rights in the Products are exclusively owned by us, our affiliates, if any, and our and their licensors. Other than the limited rights expressly granted in this Agreement, this Agreement does not, and should not be understood to, grant you or any third party, any right, title, interest or license in or to any Products for any purpose whatsoever. Except as set out in this Agreement all express or implied warranties, conditions and undertakings are excluded. In particular, we provide no warranty as to the accuracy, timeliness or availability of the Products.
The term, if any, of each Trial shall be as notified to you in the Trial terms when you registered for the Trial. After the expiry of any term, each Trial and this Agreement, including your right to access the Products, shall automatically terminate unless otherwise extended in writing. Without prejudice to any rights that it may have, Hotshot may terminate this Agreement and/or any Trial at any time on notice to you. On termination of this Agreement for whatever reason, your rights to use the affected Products shall cease and you shall promptly purge all information and other content from the Products that you may have stored.
5. WARRANTIES AND LIMITATIONS ON LIABILITY
Our websites may contain content from, and/or links to, third-party websites and services, including government information services and other publicly available websites (collectively, “Third-Party Materials”). You acknowledge that the Third-Party Materials are not part of the Products for any purpose, and that Hotshot has no responsibility or liability for the content or legality of any Third-Party Materials or for the practices of the respective third parties.
EXCEPT AS SPECIFICALLY PROVIDED IN THE AGREEMENT, ALL HOTSHOT PRODUCTS AND SERVICES, INCLUDING THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS AND NON- INFRINGEMENT.
HOTSHOT’S ENTIRE LIABILITY, AND THAT OF OUR AFFILIATES AND/OR CONTRIBUTORS UNDER THE AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO PRODUCTS OR SERVICES WHICH ARE MADE AGAINST HOTSHOT, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, WILL BE EXCLUDED TO THE FULLEST AMOUNT ALLOWED BY LAW. IN NO EVENT WILL WE, OUR AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO (I) YOUR INABILITY TO USE PRODUCTS OR SERVICES, OR TO TRAIN YOUR USERS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE PRODUCTS OR HOTSHOT MATERIALS OR (II) THE PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING OR DELIVERING OF THE PRODUCTS. IN NO EVENT WILL HOTSHOT, OUR AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THE AGREEMENT EVEN IF WE, OUR AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT PROVISION OF PRODUCTS AND SERVICES ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA.
6. CONFIDENTIAL INFORMATION
You agree not to disclose any information that could reasonably be considered confidential information relating to Hotshot or the Products acquired by you pursuant to this Agreement or otherwise, nor to permit its use or disclosure, save as required at law.
7. NO LEGAL SERVICES
Hotshot provides practical legal training information and resources. The Products are general and educational in nature, may not reflect all recent legal developments, nor apply to the specific facts and circumstances of individual transactions and cases. Hotshot, its affiliates and their staff and consultants are not a law firm, do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a legal practitioner. Nothing in the Products or in this Agreement, nor any receipt or use of such Products, will be construed or relied on by you, or your clients, as creating any attorney-client relationship or providing any legal service, representation, advice or opinion whatsoever on behalf of Hotshot, its affiliates, our staff or any law firm, lawyer or other independent contributor of articles or other materials to the Products.
This Agreement represents the entire agreement between the parties relating to a Trial of the Products and supersedes all prior agreements and representations.
This Agreement shall be governed by the laws of the state of New York.
We may maintain the Products by adding, updating, reorganizing and removing content from time to time, without notice, to address changes in law, practice and market conditions and for other purposes in our sole discretion.
If there are events that are outside of our control, we will have no liability or responsibility hereunder to the extent that our performance of any obligation is prevented or delayed by circumstances or events beyond our reasonable control, including but not limited to acts of God, fire, flood, accident, unavailability of resources or supplies, default by suppliers, failure or unavailability of public utilities, the internet or data communications facilities, labor disputes, compliance with law, regulation or court order, war, riot or terrorism.
This Agreement sets forth the entire agreement and understanding between Hotshot and you pertaining to the provision of the Products. The headings and captions contained in this Agreement are for convenience only and do not constitute a part of the Agreement.
Failure to enforce a provision of this Agreement, and any waiver of any right or remedy on one occasion by either Hotshot or you, will not be deemed a waiver of that provision, right or remedy on any other occasion. Hotshot reserves the right to modify this Agreement at any time in its sole discretion.
You may not assign this Agreement. Hotshot may assign its rights and obligations to, with or without notice to you, to any other third party.
In the event that any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.