HKPRO: GENERAL TERMS AND CONDITIONS OF SITE USAGE

GENERAL TERMS AND CONDITIONS

HKPRO.COM (hereinafter "HKPRO") provides all information and materials on this web site (hereinafter the "Site") subject to the following terms and conditions, as well as the specific Rules, Policies and Disclaimers provided upon registering to use the HK forum (collectively the "Terms and Conditions"). By using this site, you agree to all of the Terms and Conditions.

Important Information About Content Of Site

This Site is intended to provide general information about Heckler & Koch GmbH (hereinafter "Heckler & Koch" or "HK"), and to provide specific information and commentary regarding certain Heckler and Koch products. This Site is provided for informational purposes only and does not constitute an offer to sell nor a solicitation of an offer to buy any firearm referenced in this Site. The information provided on this Site is for personal, non-commercial use. HKPRO does not intend to provide advice through this Site and does not represent that the products described herein are suitable for any person. Persons are advised not to rely on any information contained in this Site in the process of making a fully informed decision regarding the purchase, maintenance, repair or use of firearms.

The Site is an unofficial Heckler & Koch site, and is not officially endorsed nor supported by Heckler & Koch. Heckler & Koch has no input in, control over, or liability for anything contained on this site. Information contained on this Site reflects information available to HKPRO. The accuracy, completeness or timeliness of such information cannot be guaranteed and is subject to change. HKPRO is under no obligation to update the information to reflect changes. Furthermore, news, views, opinions, commentary, recommendations, data, pricing, maintenance and repair instructions and all other information contained on this Site is believed to be reliable, but HKPRO cannot and does not guarantee its accuracy, timeliness or completeness.

This Site has been published in the United States for residents of the United States. This Site is not intended for use by, or to provide any information to, persons outside of the United States. Persons outside of the United States are subject to laws and regulations within their applicable jurisdictions that are not addressed on this Site.

Ownership and Restrictions on Use

You acknowledge that the Site, including any data, text, graphics, software, the underlying source code and any other materials (hereinafter collectively referred to as "Materials") appearing on, generated by or used in connection with this Site, is proprietary and is protected by applicable copyright, trademark and other intellectual property laws. You may view, download and print Materials for your internal informational and non-commercial use only, so long as you do not remove or obscure any copyright or other notices. You may not otherwise copy, publish, display, distribute, commercially exploit, modify, reverse engineer, disassemble, decompile, translate, adapt, create derivative works from, transfer or sell in any form or by any means, any part or portion of this Site including any Materials, any underlying code or other aspects of the Site. Except for the foregoing, HKPRO is not granting you any other license or right, either expressly or by implication, estoppel or otherwise, under copyright or other intellectual property rights.

E-Mail Communication

This Site enables you to communicate electronically by sending an e-mail message to HKPRO and/or its employees and representatives. You may not use e-mail for the transmission of your credit card numbers or any other personal credit information, to give notice of a change of address, to give instructions to change or confirm your password, or to give HKPRO any time-sensitive instructions. HKPRO shall not follow or otherwise take any such action on the basis of such e-mail instructions. HKPRO shall not be liable for any actions taken or any omissions to act as a result of any e-mail message(s) sent to HKPRO and/or its employees and representatives.

Modifications to the Site and to the Terms and Conditions

HKPRO reserves the right at any time to modify or discontinue on a temporary or permanent basis the operation of this Site, any information, products and/or services available on this Site, and/or your password, account or access to this Site for any reason, with or without notice. You agree that HKPRO will not be liable to you or any third party for any termination of the Site, or your access to the Site.

HKPRO also reserves the right at any time to modify these General Terms and Conditions and any other applicable terms and conditions to your use of the Site. Please review this page and any other notices on the Site on a regular basis to identify any such modifications. Your continued use of the Site serves as your acknowledgement and agreement to observe the applicable terms and conditions.

Links to Other Web Sites

This Site may provide links to other Web sites. HKPRO has no control over the linked sites and is not responsible or liable for any content, advertising, information, links, products, services or other materials available on such sites. HKPRO is providing these links only as a convenience to you. The inclusion of any such link does not imply any type of endorsement by HKPRO of the linked site, its operators or any of the content, advertising, information, links, products or services available on or through such sites. HKPRO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, information, links, products or services available on or through any such linked site.

Prohibited Use

As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by the applicable terms and conditions. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

Security and Use of Password

Certain additional information and services available on this Site are accessible only to those users who have been provided with a password (hereinafter "Registered Users"), including posting on the HK forum message and ad boards and accessing information about your user account. In order to obtain a password, follow the registration procedures contained on this Site. Use of the password-protected information and services shall be subject to additional terms and conditions. The Registered User is solely responsible for (1) maintaining the confidentiality of the password, and (2) all activities that occur under the password. The Registered User shall immediately notify HKPRO of any loss or theft of the password, or if the confidentiality of the password has otherwise been compromised in any way. HKPRO will not be responsible or liable for any loss or damage arising in any way from use of the password and/or the accessing of information or materials using the password.

Privacy Statement

HKPRO shall use reasonable precautions to maintain the confidentiality of your account information, or any other information provided by you or to you via this Site, or any communication through e-mail. Because this information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that such information will remain secure. HKPRO may at times disclose such information to its employees, representatives, officers, agents or affiliates, as well as any governmental entity, in the conduct of its business, to comply with applicable rules, orders, subpoenas or other legal processes, in order to provide information to any governmental agency or official requesting such information, or for any other legitimate business purpose.

Disclaimer and Limitation of Liability

HKPRO ACCEPTS NO RESPONSIBILITY FOR AND MAKES NO WARRANTIES OF ANY KIND REGARDING THE SUITABILITY, RELIABILITY, COMPLETENESS, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE, AND CANNOT ASSUME OR BE RESPONSIBLE FOR ANY RESULTS BASED ON THE USE OF SUCH INFORMATION. ANY INFORMATION PROVIDED ON THIS SITE MAY BE DELAYED OR OUTDATED AND MAY NOT REFLECT THE COMPLETE OR MOST RECENT INFORMATION ABOUT HECKLER & KOCH OR ITS PRODUCTS. YOU SHOULD NOT MAKE ANY DECISIONS RESPECTING THE SALE, PURCHASE, MAINTENANCE, USE OR REPAIR OF ANY FIREARM BASED ON ANY INFORMATION ACCESSED ON OR THROUGH THE SITE.

HKPRO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH REGARD TO USE OF THE SITE AND ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL HKPRO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE SITE, (2) THE DELAY OR INABILITY TO USE THE SITE IN WHOLE OR IN PART, (3) ANY RELIANCE BY YOU ON INFORMATION PROVIDED ON OR THROUGH THIS SITE, OR ON THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, (4) ANY UNAUTHORIZED USE BY YOU OF E-MAIL, OR (4) TERMINATION OR MODIFICATION BY HKPRO OF THE SITE OR ANY SERVICES OR INFORMATION PROVIDED THEREON, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HKPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, HKPRO SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, VIA USE OF THE SITE, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Indemnity

You agree to indemnify and hold HKPRO, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site and any software, information, products and/or services provided herein, your violation of the applicable Terms and Conditions, or your violation of any rights of another.

General:

This Agreement is governed by the laws of the State of Missouri, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Boone County, Missouri, U.S.A. in all disputes arising out of or relating to the use of the Site. If any part of the Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions, including any specific Terms and Conditions, shall continue in effect. Unless otherwise specified herein, the Terms and Conditions constitute the entire agreement between the user and HKPRO with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HKPRO with respect to the Site. A printed version of the Terms and Conditions, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.