Terms of Use

1. Ownership of Site

These Terms and Conditions of Use (the “Terms of Use”) apply to the HedgeWall web site located at www.HedgeWall.com, and all associated sites linked to www.HedgeWall.com by HedgeWall, its subsidiaries and affiliates, including HedgeWall sites around the world (collectively, the “Site”). The Site is the property of HedgeWall LLC. (“HedgeWall”) and its licensors.

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2. Agreement to Terms of Use

By using the site, you agree to these terms of use; if you do not agree, do not use the site.

HedgeWall reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. The Terms of Use are issued version numbers and publication dates, with the highest version number and most recent publication date indicating the current version. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, HedgeWall grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

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3. Description of Services

The HedgeWall Site provides you with access to a variety of resources, including, but not limited to, product information, communication forums, and software downloads (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Site properties, are subject to the Terms of Use.

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4. Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

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5. Notice Specific to Software Available on this Site

Any software that is made available to download from the Services ("Software") is the copyrighted work of HedgeWall and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by HedgeWall. The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, HedgeWall hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, HedgeWall may make available as part of the services or in its software products, tools and utilities for use and/or download. HedgeWall does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in HedgeWall software products.

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6. Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to HedgeWall, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without HedgeWall’s express prior written consent.

You may use Documents and Information on HedgeWall products and services (such as data sheets, white papers, press releases, FAQs, and similar materials) purposely made available by HedgeWall for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such Documents, (2) use such Documents and Information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such Documents and Information, and (4) not make any additional representations or warranties relating to such documents.

Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. HedgeWall may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.

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7. Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. HedgeWall reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any HedgeWall server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of HedgeWall, including any HedgeWall account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or HedgeWall’s systems or networks, or any systems or networks connected to the Site or to HedgeWall.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to HedgeWall on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of HedgeWall or others.

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8. Purchases and Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

HedgeWall’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

HedgeWall may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and HedgeWall makes no commitment to update the materials on the Site with respect to such products and services.

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9. Notices Regarding Software, Documents, and Services Available on this Site

In no event shall HedgeWall be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

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10. Accounts, Passwords, and Security

At this time, services and particular features on the Site do not require you an account with HedgeWall. HedgeWall may offer services, products, and features in the future that will require you to open an account, but not at this time. This section of the Terms of Use will be updated if account requirements change from currently not requiring them.

You agree to notify HedgeWall immediately of any unauthorized use or any other breach of security.

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11. Site Privacy

HedgeWall’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. HedgeWall’s Privacy Policy can be found at this hypertext link, and at the hypertext link at bottom of our Site’s pages. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site has the possibility that it may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

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12. Links to Other Sites and to the HedgeWall Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under HedgeWall’s control, and HedgeWall is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

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13. Disclaimers

HedgeWall does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. the site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. HedgeWall cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. HedgeWall disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. HedgeWall disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any HedgeWall services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against HedgeWall for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

HedgeWall reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

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14. Limitation of Liability

Except where prohibited by law, in no event will HedgeWall be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if HedgeWall has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, HedgeWall is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, HedgeWall’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against HedgeWall (but not including the purchase price for any HedgeWall hardware or software products, or support programs), or (2) US$5.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

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15. Indemnity

You agree to indemnify and hold HedgeWall, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HedgeWall by any third party due to or arising out of or in connection with your use of the Site.

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16. Violation of These Terms of Use

HedgeWall may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) HedgeWall’s rights or property, or the rights or property of visitors to or users of the Site, including HedgeWall’s customers. HedgeWall reserves the right at all times to disclose any information that HedgeWall deems necessary to comply with any applicable law, regulation, legal process or governmental request. HedgeWall also may disclose your information when HedgeWall determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that HedgeWall may preserve any transmittal or communication by you with HedgeWall through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or HedgeWall determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of HedgeWall, its employees, users of or visitors to the Site, and the public.

You agree that HedgeWall may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to HedgeWall, for which monetary damages would be inadequate, and you consent to HedgeWall obtaining any injunctive or equitable relief that HedgeWall deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies HedgeWall may have at law or in equity.

You agree that HedgeWall may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If HedgeWall does take any legal action against you as a result of your violation of these Terms of Use, HedgeWall will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to HedgeWall. You agree that HedgeWall will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

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17. Governing Law

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Florida without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orlando, Florida, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

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18. Dispute Resolution

In the event of any controversy or dispute between HedgeWall and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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19. Void Where Prohibited

HedgeWall administers and operates the www.HedgeWall.com Site from its location in Orlando, Florida USA; other HedgeWall sites may be administered and operated from various locations outside the United States. HedgeWall hosts www.HedgeWall.com through Namecheap.com, which uses redundant datacenters throughout the United States and Europe. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. HedgeWall reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

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20. Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and HedgeWall with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and HedgeWall with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with HedgeWall, HedgeWall will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. HedgeWall’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by HedgeWall of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between HedgeWall and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

HedgeWall provides access to HedgeWall international data and, therefore, may contain references or cross references to HedgeWall products, programs and services that are not announced in your country. Such reference does not imply that HedgeWall in your country intends to announce such products, programs or services.

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21. Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. HedgeWall shall be free to use such information on an unrestricted basis.

Product Feedback

HedgeWall does, however, welcome your feedback regarding many areas of HedgeWall’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at www.hedgewall.com/contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on HedgeWall’s existing products or marketing strategies; do not include any ideas that HedgeWalls’s policy will not permit it to accept or consider. It’s just one more way that HedgeWall can learn how to best satisfy your needs.

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22. Unsolicited Idea Submission Policy

HedgeWall’s Unsolicited Idea Submission Policy applies to the use of this site, and its terms are made a part of these Terms of Use by this reference. HedgeWall’s Unsolicited Idea Submission Policy can be found at this hypertext link.

HedgeWall or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works.

The sole purpose of this policy is to avoid potential misunderstandings or disputes when HedgeWall’s products or marketing strategies might seem similar to ideas submitted to HedgeWall. Please do not send your unsolicited ideas to HedgeWall or anyone at HedgeWall. If, despite our request that you not send us your ideas and materials, you still send them, please understand that HedgeWall makes no assurances that your ideas and materials will be treated as confidential or proprietary, and the the following terms shall apply to your submissions:

Terms of Idea Submission

You agree that:

your submissions and their contents will automatically become the property of HedgeWall, without any compensation to you;
HedgeWall may use or redistribute the submissions and their contents for any purpose and in any way;
there is no obligation for HedgeWall to review the submission;
there is no obligation to keep any submissions confidential.

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The information contained in this web site is subject to change without notice.

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HedgeWall LLC, Orlando, Florida, USA.