CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.

RESTRICTIONS ON USE OF MATERIALS.

This site is owned and operated by HART DYNAMICS, INC. (referred to as "HDI, HART DYNAMICS, HART DYNAMICS INC.," "we," "us," or "our" herein). No material from HART DYNAMICS.com or any Web site owned, operated, licensed or controlled by HDI may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of HDI's copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to HART DYNAMICS INC.

TRADEMARKS.

ACUPAD, ECYMBAL, ADT, ADC, ACUSNARE, D-TRIG, DATI, MULTIPAD, HARTWARE, PROKICK, MICROPRO, MEGAPRO, GIGAPRO, HART PROFESSIONAL, ELECTRACOUSTIC, HAMMER, HAMMER KICK, STUDIO MASTER, CUSTOM, PRODIGY, KONTROL SCREEN, SWAG, THOSE WHO KNOW CHOOSE, and other names of HART DYNAMICS, INC., products referenced herein are trademarks or registered trademarks, or licensed trademarks of HART DYNAMICS, INC. Other product and company names mentioned herein may be the trademarks of their respective owners.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by HDI. HDI does not transfer title to the Software to you. You own the medium on which the Software is recorded, but HDI retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS.

HDI is pleased to hear from its patrons and welcomes your comments regarding HDI products, including HDI's on-line services. Unfortunately, however, HDI's long-standing company policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by HDI's professional staff might seem to others to be similar to their own creative work. Accordingly, we must, regretfully, ask that you do not send us any original creative materials such as product ideas, improvements, endorser suggestions or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of HDI. None of the Information shall be subject to any obligation of confidence on the part of HDI and HDI shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, HDI shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.

JURISDICTIONAL ISSUES.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting HDI products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by HDI from its offices within the State of FLORIDA, United States of America. HDI makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

TERMINATION.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all HDI site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from HDI if in HDI's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other HDI site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HDI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall HDI be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if HDI or a HDI authorized representative has 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 or exclusion may not apply to you. In no event shall HDI's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER.

This agreement shall be governed by and construed in accordance with the laws of the State of FLORIDA, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

COPYRIGHT NOTICE.

Copyright (c) HART DYNAMICS, INC., and/or its suppliers, 609 SECOND AVENUE, DESTIN FLORIDA 32541 U.S.A. All rights reserved.