User Agreement

1.     TERMS

By accessing or using any part of this web site, you are agreeing to be bound by these terms of use (the “Agreement”), which apply to www.theunderenlightened.com (the “Site”), owned and operated by Heuer Industries (“we” “our” or “us”). This Agreement is a legally binding contract between anyone who accesses or uses the Site (“you” or “your”) and us.

You agree to be bound to these terms as we may modify them from time to time at our sole discretion. Please check this Agreement for changes. Continuing to use or access this Site, following any changes to this Agreement, constitutes your acceptance of those changes.

You are also agreeing to be bound by, and are responsible for your compliance with, all applicable laws and regulations. Use of this Site is intended for persons who are 18 or over. If you are under 18, do not use or access this Site. If you do not agree with all of the terms in this Agreement, without modification, limitation, or qualification, you are prohibited from using or accessing this Site.

 2.     DISCLAIMER

We disclaim any responsibility for any harm resulting from access or use of this Site.

This Site is provided solely for informational purposes only. The Site contains information, facts and opinions from various individuals and organizations. The Site may contain material that may be considered offensive or otherwise objectionable, as well as material containing technical inaccuracies, typographical mistakes, and other errors.

The views and opinions expressed in our articles are those of the individual authors only and do not necessarily reflect the views of Heuer Industries, its affiliates, or its employees.

We do not represent or endorse, or are we responsible, for the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider, or any other person or entity. The information, facts, and opinions provided are no substitute for professional advice. Each individual situation is unique; if you have serious questions relevant to a specific topic, please research organizations or professionals that are meant to answer those questions. We specifically disclaim any liability, loss, or risk that is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

The Site is provided on an “as is” basis to the full extent permitted by law. This means the Site and the Site Content is provided without warranties of any kind. We make no representations or warranties that the Site or Site Content is appropriate, fit for any particular purpose, error-free, or available for use in all geographic locations. This includes no warrant the Site or Site Content shall be free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer, computer network, or mobile device. No information, whether written or oral, obtained by you from us or the Site shall create any warranty not expressly made herein.

We expressly disclaim all warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability, quiet enjoyment, or fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

 3.     COPYRIGHT AND INTELLECTUAL PROPERTY

The Site and all of the articles, reviews, comments, images, logos, sounds, and other materials on the Site (collectively “Site Content”), are protected by copyright and other intellectual property laws. Unless with our express written permission, you may not copy, reproduce, distribute, republish, enter into a database, display, perform, modify, create derivative works from, reproduce, sell, transmit, or otherwise use in any way any part of our Site Content, except as permitted under the last sentence of this paragraph. If you wish to request permission to use any Site Content, please email your request to us at admin@theunderenlightened.com. Without limiting the generality of the foregoing (but subject to the last sentence of this paragraph), you may not distribute any part of this Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. However, just as we occasionally excerpt materials from other sources in order to support our Site Content, we respect the right of others to make “fair use” of the materials contained on our Site; accordingly, you may occasionally excerpt and use our Site Content consistent with the principles of “fair use” and if said excerpt is attributed to its original source on our Site.

4.     COPYRIGHT INFRINGEMENT

If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright please notify us via email at admin@theunderenlightened.com.

Your notice should include the following: (1) a description of the copyrighted work that you claim has been infringed; (2) the country or countries to which your copyright applies; (3) a description of where the allegedly infringing Site Content is located (including a screen shot and URL); (4) a description of the way in which the copyright material has been infringed; (5) your full name, postal address, telephone number, and email address; (6) a statement that you have a good faith belief that the disputed use of the copyrighted work is not authorized and is not otherwise permitted by law; (7) a statement that the notice is accurate and that you are the copyright owner or an authorized agent of the copyright owner; and (8) your physical or electronic signature.

 5.     LIMITATIONS OF LIABILITY

We assume no responsibility or liability for information contained within. In no event shall we nor our officers, directors, members, employees, agents, or representatives (or their respective successors and assigns) shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use the Site or Site Content including, but not limited to, (a) damages caused by reliance upon any Site Content, (b) damages caused by defamatory, offensive, or illegal material, (c) damages caused by viruses, malfunctions, or harmful components accessed through the Site, and (d) damages for lost profits, loss of data, or other intangibles, even if foreseeable or if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 6.     INDEMNIFICATION

You agree to indemnify, defend, hold harmless, and release us and our officers, directors, members, employees, agents, representatives (and their respective successors and assigns) from and against any and all claims, liabilities, damages, losses, costs, and expenses including but not limited, reasonable attorney’s fees and settlement amounts, arising out of or in any way related to (i) your access, use, and/or misuse of the Site and/or the Site Content, and/or (ii) any breach or alleged breach by you of the terms, conditions, policies and/or guidelines set forth in this Agreement.

 7.     LINKS

The Site may include links to other websites that we do not own or operate. We have not reviewed, nor do we have any control over, the content on any third party websites that are linked to by our Site. We are not responsible for any information, functionality, or content accessed through such websites. By linking to third party websites, we do not imply or represent that we endorse such websites. Use of any such linked web site is at the your own risk. We disclaim any responsibility for any harm resulting from your use of third party websites.

 8.     USER CONTENT

Should any viewer of a document on this Site respond to us with any information including feedback data, such as questions, comments, suggestions, or the like regarding the Site, or Site Content, such information (“User Content”) shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information.

Also, we may post User Content (including reviews, comments, articles, and other materials from users of the Site and contributors to the Site, and/or any drawings, images, sounds, video recordings, or other data embedded in the User Content and including adaptations and derivative works based on the User Content) and we reserve the right in our sole discretion to edit, redact, or delete User Content at any time and for any reason.

However, we are not the publisher or author of User Content and we may not screen all User Content before it is posted.

In regards to any User Content you submit to the site, you agree (1) that it will not infringe on the rights of others or be unlawful; (2) to be solely responsible for any damages resulting from said User Content; (3) that it will be treated as non-proprietary and non-confidential, and (4) that is will not contain advertising or commercial solicitations.

In addition, when submitting User Content to us, you automatically grant, or warrant that the owner of such content has expressly granted, us the royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully sub licensable right and license to use, publish, reproduce, license, sublicense, distribute, sell, perform, modify, adapt, translate, create derivative works from, and display such User Content worldwide, for any purpose and in any manner or medium now known or later developed.

Further, we shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. We shall also be free to use any ideas; concepts, know-how or techniques contained in such information for any purpose whatsoever. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use of which will be governed by our Privacy Policy.

9.     MODIFICATIONS

We reserve the right, in our sole discretion, to revise this Agreement at any time without notice. It is your responsibility to check this Agreement from time to time for changes. By continuing to use the Site, following any changes to this Agreement, you are agreeing to be bound by the then current version of this Agreement.

We may also, for any reason and at any time, and at our sole discretion, discontinue or modify the Site or Site Content or restrict or terminate your access to the Site.

 10.  GOVERNING LAW

 This Agreement, and any claim relating to this Site, shall be governed by the laws of the State of California without regard to conflict/choice of law principles. If any provision of this Agreement is found to be unenforceable, invalid or illegal, such provision shall be removed from the Agreement, the remainder of which shall remain in full force and effect. The section headings used in the Agreement are for convenience only.

Effective: September 3, 2012.