You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.
JHP Projects Pty Ltd expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of JHP Projects Pty Ltd , as well as its affiliates, subsidiaries, officers, directors and employees. JHP Projects Pty Ltd also reserves the right to freeze a domain name during resolution of a dispute.
in no event shall JHP PROJECTS PTY LTD be liable to you or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies your inability to use the software or services, your loss of data or files or otherwise, even if JHP PROJECTS PTY LTD has been advised of the possibility of such damages.
JHP PROJECTS PTY LTD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. such services are provided on an "as is" and "as available" basis. JHP PROJECTS PTY LTD makes not warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. JHP PROJECTS PTY LTD does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
All software developed by JHP Projects including but not exclusive to TRADETRAX and ADKIT is copyright to JHP Projects and the intellectual property of it is owned by JHP Projects. No part of this product (ADKIT or TRADETRAX) both on line or documentation in any form may be copied, reproduced or used for any other purpose, including disclosure of content and operating procedures to any other parties. Replication in full or in part is breech of copyright and subject to the governing laws and penalties.
You agree to defend, indemnify and hold harmless JHP Projects Pty Ltd and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with JHP Projects Pty Ltd whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from JHP Projects Pty Ltd or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold JHP Projects Pty Ltd harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or wilful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should JHP Projects Pty Ltd be notified of a pending law suit, or receive notice of the filing of a law suit, JHP Projects Pty Ltd may seek a written confirmation from You concerning Your obligation to indemnify JHP Projects Pty Ltd . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that JHP Projects Pty Ltd shall have the right to participate in the defence of any such claim through counsel of its own choosing. You agree to notify JHP Projects Pty Ltd of any such claim promptly in writing and to allow JHP Projects Pty Ltd to control the proceedings. You agree to cooperate fully with JHP Projects Pty Ltd during such proceedings.
You agree to cooperate fully with JHP Projects Pty Ltd during such proceedings. You agree You will not be entitled to a refund of any fees paid to JHP Projects Pty Ltd if, for any reason, JHP Projects Pty Ltd takes corrective action with respect to Your improper or illegal use of its services. You also agree that if JHP Projects Pty Ltd is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with JHP Projects Pty Ltd , that JHP Projects Pty Ltd , in its sole discretion, may take whatever action JHP Projects Pty Ltd deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.