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Terms of Use


Welcome to my website! By using this site, you are agreeing to comply with and be bound to the following terms of use. Please review the following terms carefully. If you don’t agree to these terms, you should not use this site. The terms “hipaadiva”, “hipaadiva.com”, “I”, “me”, or “our” on this website refer to Lane R. Hatcher, the owner of the website. The term “you” refers to the user or viewer of this website.

Acceptance of Agreement

When accessing this site, you agree to the terms and conditions outlined in this “Terms of Use Agreement” (“Agreement”) regarding this website (“site”). This Agreement is the entire and only agreement between you and me and my affiliates regarding this site, and it supersedes all other agreements, representations, warranties, and understandings about all aspects of the site and this Agreement. This Agreement may be amended at any time by me without notice. The latest Agreement will be posted on this site, and you should review it prior to using this site.

Copyright

The entire content, organization, and design of the site are protected under applicable copyright, trademark, and other proprietary and, but not limited to, intellectual property rights. The copying, redistribution, use, or publication by you of part or content or design of the site, except as specified in this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, documents, or other materials viewed through the site. The posting of information or materials on the site does not constitute a waiver of any rights to such information and materials. Some of the content on the site is the copyrighted work of third parties, and does not create any rights, title, or interest in such work for you.

Limited License: Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license to access and use the site strictly in accordance with this Agreement; you may use the site solely for internal, personal, non-commercial purposes unless otherwise separately agreed to as part of a contract for my professional services; and you may print information from the site only for internal, personal, non-commercial purposes, provided that you maintain all copyrights. No printout or electronic version of any part of the site or its contents may be used by you in any litigation or arbitration under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the site and any content, materials or documents on the site are subject to the following restrictions and prohibitions on use: you may not copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the site or any content and material retrieved from the site. You may not use the site or any materials or content obtained from the site to develop, or as a component of, any information system or database, data warehouse, or similar system that is used for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or commercial distribution. You may not create compilations or derivative works of any content or materials from this site. You may not use any content or materials from the site in any manner that may infringe any of my copyrights, intellectual property rights, proprietary rights, or property rights, or those of any of my affiliates. You may not remove, change or obscure any copyright notice of other proprietary notice or terms of use contained in the site. You may not remove, decompile, disassemble, or reverse engineer any site software or associated software coding. You may not use any automatic or manual process to harvest the information from the site. You may not export or re-export the site or any portion of it, or any software available on or through the site, in violation of the export control laws or regulations of the United States.

Linking to the Site

You can link to this site if you do not remove or obscure by framing or other methods any advertisements, the copyright notice, or other notices on the site; your site MUST NOT have any involvement in any illegal or pornographic activities; your site MUST NOT bring this site into disrepute or aid in its unlawful replication; and you agree to discontinue linking to the site immediately upon request by me or any of my affiliates.

Advertisers

The site may contain advertising. I am not responsible for the illegality or any error, inaccuracy, or problem with the advertiser’s or sponsor’s materials. I do not make any guarantee regarding any representations made by any advertiser or sponsor. I do not warrant any goods or services provided to you by any advertisers, and I am not liable for any damages arising between you and the advertisers, or for any information appearing on advertiser sites or any other site linked to this site.

Third Party Content

From time to time, content from third parties may be made available on this site. I do not warrant any goods or services provided to you by any third parties, and neither I nor my affiliates are liable for any damages arising between you and the third parties, or for any information appearing on third party sites or any other site linked to this site. You understand that the information and opinions of third parties represent only their thoughts and are neither endorsed by me nor necessarily reflect my beliefs or those of my affiliates.

Unlawful Activities

I reserve the right to investigate complaints or reported violations of this Agreement and to take any actions I deem appropriate.

Indemnification

You agree to indemnify, defend, and hold me and my affiliates, partners, agents, subcontractors, successors, assignees, and attorneys harmless from any liability, loss, claim and expense, including reasonable attorney fees, related to your violation of this Agreement or use of this site.

Nontransferable

Your right to use this site is personal and you cannot transfer or assign use to anyone else. Any password or right given to you in order to obtain products, documents, or content is also not transferable or assignable. Any attempted transfer is void.

Disclaimer

The information, content, and documents from or through the site are provided AS IS, AS AVAILABLE, and with ALL FAULTS; all warranties, express or implied, are disclaimed. I don’t represent or warrant that this site will be error free, or free of viruses or other harmful software or malware. I will make every reasonable effort to correct any defects. I do not represent or warrant that the information available on or through the site will be correct, accurate, timely or otherwise reliable. I reserve the right in my sole discretion to edit or delete any documents, information, or other content appearing or displayed on the site.

Limitation of Liability

Neither I nor any of my affiliated parties are liable or responsible for any loss, injury, claim, liability, or damages of any kind resulting in any way whatsoever from any of the following: errors in or omissions from the site or any services or products or content obtained from the site; the unavailability or interruption of the site or any of its features; your use of the site; the content contained in the site; or any delay or failure in performance beyond the control of me or any of my affiliated parties.

The aggregated liabilities of my affiliates and me related to any claim arising out of or relating to the site or the products, information, documents, content, or services provided by this site will not be more than $100, and that amount will be in lieu of any other remedies that you might have against my affiliates or me. If I refund any money for any reason, then your acceptance of the refund will constitute a waiver of any and all claims, rights, or causes of action.

Use of Information

All comments, suggestions, ideas, and any other information communicated by you to my affiliates or me will always and forever be my property and I will have exclusive ownership. I am not required to treat any submission as confidential, and I won’t be liable for any ideas and won’t incur any liability as a result of any similarities that may appear in my future products, content, services, or operations. I am entitled to use your submission(s) for any commercial or other purpose that I wish, and I will not compensate you or anyone else sending the submission. You are responsible for any materials you submit, and you have total and complete responsibility for the message including its legality, reliability, appropriateness, originality, and copyright.

Payments

You guarantee that if you purchase anything from me through this site, any credit information you supply will be true and complete, that charges incurred by you will be honored by your credit card company, and that you will pay the charges incurred by you, including any applicable taxes. You also agree to indemnify me and my affiliates from any costs, expenses, damages, and fees, including, but not limited to, attorneys fees arising out of your failure to pay or your provision of inaccurate or invalid credit information.

Refund and Return Policy

I do not offer refunds or returns on any products or content or services offered on this site.

Other

This Agreement is governed by the laws of the State of Texas, without regard to any conflict of law principles including the right to arbitrate. Any cause of action by you with respect to this site and any products, content, or services offered on it, must and will be instituted in accord with the laws of the State of Texas. The language of this Agreement should be interpreted by you and your affiliates with its fair meaning and not strictly for or against any party. This Agreement and your information may be assigned by me, at my sole discretion, to a third party in the event of an acquisition, sale, or merger. My failure to enforce any provision of this Agreement will not be deemed as a waiver of the provision nor of my right to enforce the provision in the future. My rights under this Agreement will survive any termination of this Agreement.

Arbitration

You agree that by using this site, any legal issues or claims arising out of or related to this Agreement or my services, excluding any legal action taken by me to collect or recover damages for, or obtain any injunction related to site operations, intellectual property, and my services, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and any and all such claims by you will be arbitrated on an individual basis and not consolidated in any arbitration with any claim or controversy of any other party. You agree that the arbitration will be conducted in San Antonio, Texas, and any judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or I may seek any interim or preliminary relief from a court of competent jurisdiction in San Antonio, Texas necessary to protect your and my rights or property pending the completion of arbitration. Each party will bear one-half of the arbitration fees and costs incurred through the American Arbitration Association, BUT if I am the prevailing party in the arbitration then I will be entitled to recovery of all attorneys’ fees and costs, both taxable and non-taxable.

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