Terms of Use & Service

IMPORTANT! These Terms of Use & Service ("TERMS OF USE") govern your use of the Site and other Products or Subscriptions ("SITE"), which are provided by hemingandwest.com, its officers, directors, employees, agents, affiliates, licensors, service providers, subsidiaries, parent companies, predecessors, and/or successors-in-interest ("hemingandwest.com"). BY ACCESSING THE SITE AS A VISITOR, CUSTOMER, MEMBER OR SUBSCRIBER ("SUBSCRIBER"), YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY hemingandwest.com AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES.

Access to This Site

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED AS DOING SO.

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If hemingandwest.com believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Refunds, Cancellations, and Billing Policy

All products, except Trials, are backed by a 30-day money back guarantee as stated on the website from which you purchased. hemingandwest.com has the right to change the refund policy at any time, but such changes will be reflected on future orders not past orders.

Guarantee starts from, and includes, the purchase date. Purchase date and time is determined based on Central Time in the USA at the time of your purchase. Refund requests or products returned after the refund policy has expired are not subject to a refund and a refund will not be issued.

Physical products returned after the policy has expired may be shipped back to the customer.

For multi-payment options, only the first payment is refundable and only within the first 30 days of the multiple payment term. Subsequent payments are non-refundable but, of course, if you refund within the first 30 days, your card will no longer be billed for subsequent payments.

For any product refund, a refund request must be sent to our office, in writing, in order for a refund to be processed.

For cancellation of your Subscription, or to request a refund, you may:

- Login to our site, accessible from https://hemingandwest.com, and submit your request on our Support page for Subscribers, or

- email our Support Team at [email protected].

Be sure to include ALL of your contact information with your request: Full Name, Email associated with your Subscription, and the name of the product, Subscription, or course you wish to have refunded so we can find you in our systems. This is to prevent fraudulent orders.

Refund of a physical product (like a book or DVD) also requires return of the physical product, to a U.S. address we designate, at your own expense. A full refund requires that the product remains in 'like new' condition (suitable for resale) and that the shipment is postmarked by the expiration date of your 30-day guarantee period. Physical product returns, must be accompanied by prior authorization. You must contact our Support team for the required "Return Authorization" before shipping anything to us.

Shipping paid at time of purchase is not refundable, but any sales taxes collected will be refunded along with the purchase, if authorized.

Upon acknowledgement of a refund request, please allow 15 business days for the refund transaction to post to your account. Transaction times depend on the policies of your bank or credit card companies.

In the case of monthly products (i.e. Monthly publications), you have 30 days to cancel the subscription to receive a refund for your initial payment. You are under no obligation to continue the subscription and can cancel at anytime by contacting support at [email protected]. Upon cancellation your card will not be billed again.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without hemingandwest.com's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of hemingandwest.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with hemingandwest.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

The right to use hemingandwest.com and all related URL's (collectively, "hemingandwest.com Sites") is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s), if any.

Subscriber shall use hemingandwest.com Sites for lawful purposes only. Subscriber shall not post or transmit through hemingandwest.com Sites any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, fraudulent, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without hemingandwest.com’s express prior approval, contains advertising or any solicitation with respect to third-party products or services. Any conduct by a Subscriber that in hemingandwest.com’s discretion restricts or inhibits any other Subscriber from using or enjoying hemingandwest.com Sites will not be permitted. Subscriber shall not use hemingandwest.com Sites to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with hemingandwest.com Sites.

Termination/Access restriction

hemingandwest.com reserves the right, in its sole discretion, to terminate your access to this Site and the related services or any portion thereof at any time, without notice. In the event hemingandwest.com terminates your access to this Site, hemingandwest.com will either prorate your yearly Subscription amount and refund you the remainder of your Subscription year, or refund your last monthly payment if you are on a monthly recurring Subscription. Subscribers with "Lifetime" access will be refunded a pro-rated amount based on the expected product lifetime of 15 years. All refunds shall be processed and made within thirty (30) days of termination.

Proprietary Information

The material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by hemingandwest.com is the proprietary information of hemingandwest.com or the party that provided the Content to hemingandwest.com and hemingandwest.com or the party that provided the Content to hemingandwest.com retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of hemingandwest.com or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates hemingandwest.com intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Hyperlinks

This site may be hyperlinked to other sites which are not maintained by, or related to, hemingandwest.com. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with this site or hemingandwest.com. hemingandwest.com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyperlinks are to be accessed at the user's own risk, and hemingandwest.com makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site does not necessarily imply endorsement by hemingandwest.com of that site.

Submissions and Testimonials

You hereby grant to hemingandwest.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, testimonials, endorsements, ideas, graphics, or other information communicated to hemingandwest.com through this site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. By posting or submitting any material (including, without limitation, comments, testimonials, blog entries, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or Submission with the express consent of the owner of the material. hemingandwest.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future hemingandwest.com operations.

With regards to testimonials, comments, or endorsements posted on this Site or sent to the hemingandwest.com or any advisors of hemingandwest.com via e-mail or regular mail, you acknowledge that hemingandwest.com may use your testimonials, comments and/or endorsements to promote and advertise the Site. You hereby grant hemingandwest.com permission to utilize your name, appearance, content of e-mail or letter, voice and/or likeness in connection with any testimonial, comment, or endorsement. This permission extends to publicity of the Site in any and all manner and media throughout the world in perpetuity. You hereby waive any right that you may have to inspect or approve any testimonial, comment or endorsement prior to posting.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a "work made for hire" when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to hemingandwest.com from their creation. Thus, hemingandwest.com shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as we determine. In the event that any of the results and proceeds of your submissions hereunder are not deemed a "work made for hire" under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to hemingandwest.com all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that hemingandwest.com has the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Disclaimer

hemingandwest.com is not an investment advisory service, is not an investment advisor, and does not provide personalized financial advice or act as a financial advisor.

You understand that hemingandwest.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. hemingandwest.com, does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by hemingandwest.com. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own personal or professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. hemingandwest.com DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. hemingandwest.com DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE 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. hemingandwest.com DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND hemingandwest.com MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT hemingandwest.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. hemingandwest.com MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and hemingandwest.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Your Privacy

hemingandwest.com will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on its site.

Third Party Content

hemingandwest.com is primarily a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, hemingandwest.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user, are those of the respective author(s) or distributor(s) and not of hemingandwest.com. Neither hemingandwest.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to the Sections below for complete provisions governing limitation of liabilities and disclaimers of warranty).

Dispute Resolution. Mediation and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most Subscriber concerns can be resolved quickly and to the Subscriber’s satisfaction by contacting hemingandwest.com at [email protected]. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if hemingandwest.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes first through good faith mediation and then through binding arbitration, instead of in courts of general jurisdiction.

As such, we agree to submit any dispute, claim or controversy arising out of your use of the Site or your Subscription with hemingandwest.com to private mediation. In the event that we are unable to reach an amicable resolution to the dispute at the mediation, the dispute, claim or controversy arising under this Agreement shall be resolved by binding arbitration and shall be construed and interpreted in accordance with the laws of the state of Utah. Good faith mediation is a pre-requisite to filing any arbitration claim.

Such arbitration shall be administered by and under the rules the American Arbitration Association ("AAA") in accordance with its then prevailing expedited rules, by one independent and impartial arbitrator selected in accordance with such rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. § 1 et seq. The fees and expenses of AAA and the arbitrator shall be shared equally by each of us and advanced from time to time as required; provided that at the conclusion of the arbitration, the arbitrator shall award costs and expenses (including the costs of the arbitration previously advanced and the fees and expenses of attorneys, accountants and other experts) to the prevailing party. Arbitration shall be conducted in the county of Salt Lake, State of Utah. In the event it becomes necessary to commence legal proceedings to enforce the terms and condition of your use of the Site or your Subscription with hemingandwest.com, the prevailing party shall be entitled to recover attorney fees and costs. Judgment on the award may be entered in any court having jurisdiction. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

Limitation on Liability

hemingandwest.com WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF hemingandwest.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF hemingandwest.com AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO hemingandwest.com FOR THE APPLICABLE CONTENT, PRODUCT, SUBSCRIPTION, SITE ACCESS, MEMBERSHIP OR SERVICE OUT OF WHICH LIABILITY AROSE.

UNDER NO CIRCUMSTANCES WILL hemingandwest.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SUBSCRIBER'S RELIANCE ON INFORMATION OBTAINED THROUGH hemingandwest.com OR IT’S REFERRAL RELATIONSHIPS. IT IS THE RESPONSIBILITY OF SUBSCRIBER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH hemingandwest.com SITES AND PRODUCTS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

Indemnity

You will indemnify and hold hemingandwest.com, its subsidiaries, affiliates, licensors, content providers, service providers, referral relationships, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from any of hemingandwest.com Sites.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of hemingandwest.com or the party that provided the trademarks, service marks, and logos to hemingandwest.com. hemingandwest.com, and any party that provided trademarks, service marks, and logos to hemingandwest.com, retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
• includes MP3 format files;
• amounts to a 'pyramid' or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
• contains hyperlinks to other sites that contain content that falls within the descriptions set forth above.

Additionally, subscribers are specifically prohibited from posting negative or defamatory statements regarding hemingandwest.com, contributors to the site or other subscribers.

In this regard, in the event of an actual or threatened violation of these Terms of Use, Subscriber acknowledges and agrees that such actions would cause hemingandwest.com (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc.) irreparable injury, the exact amount of which will be impossible or difficult to ascertain and that monetary damages alone will not provide an adequate remedy to hemingandwest.com. Accordingly, hemingandwest.com (and its affiliates, subsidiaries, shareholders owners, directors, officers, contributors, subscribers, spokespersons, etc.) shall be entitled to obtain an injunction from a court of competent jurisdiction prohibiting such action or threatened action without the need to post a bond.

Although under no obligation to do so, hemingandwest.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither hemingandwest.com, nor any third party that provides Content to hemingandwest.com, will assume or have any liability for any action or inaction by hemingandwest.com or such third party with respect to any submission.

hemingandwest.com may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. hemingandwest.com or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by hemingandwest.com staff, hemingandwest.com’s outside contributors, or by users not connected with hemingandwest.com, some of whom may employ anonymous user names. hemingandwest.com expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, referrals, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of hemingandwest.com or any of its subsidiaries or affiliates.

hemingandwest.com has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). hemingandwest.com will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that hemingandwest.com considers insecure, hemingandwest.com will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, hemingandwest.com reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. hemingandwest.com reserves the right to investigate suspected violations of these Terms of Use.

hemingandwest.com reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing hemingandwest.com to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS hemingandwest.com FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY hemingandwest.com DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER hemingandwest.com OR LAW ENFORCEMENT AUTHORITIES.

Free Trial

In some cases you may agree to a free trial of products from hemingandwest.com. A valid credit card is required to start the trial. At the time of activation of the trial your card will be authorized for either $1 or the full amount of purchase price. Note: At this point funds have NOT been collected but may show up on your account as unavailable. The authorization will expire at the end of 5 business days. You have not been billed at this point.

At the end of the trial you agree and will be billed for the full purchase price. You are under no obligation and can cancel at anytime during the free trial period and your card will never be billed.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, along with the Privacy Policy , constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. hemingandwest.com may revise these Terms of Use at any time by updating this posting.