Terms of Use

LAST UPDATED: September 3, 2014

This website ("Site") is owned and operated by Applied Analysis, doing business as RegisterHenderson.com ("RegisterHenderson.com"). These Terms of Use ("Terms of Use") contain the terms, covenants, conditions, and provisions upon which you and the entity on whose behalf you are acting (collectively, "you") may access and use this Site and the content. For the avoidance of doubt, these Terms of Use shall be binding upon you and any entity on whose behalf you are accessing the Site. Accordingly, as used herein, "you" shall be deemed to refer to such entity as a party to these Terms of Use. RegisterHenderson.com reserves the right to change the terms and conditions of these Terms of Use upon notice, which may be given by RegisterHenderson.com posting such change (or revised Terms of Use) on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of RegisterHenderson.com. Your continued use of this Site following notice of such modifications will conclusively be deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice. By using this Site, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by their terms and conditions. You also hereby acknowledge that you have read and understand the Privacy Policy and consent to RegisterHenderson.com's use of your personal data set out therein (including, with respect to your authorized users resident in the European Union, the transfer of your personal data outside the European Economic Area). If you do not agree to these Terms of Use or the Privacy Policy, you shall neither access nor use this Site.

General Terms and Conditions

  1. Grant of License. These Terms of Use provide you with a revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may print and download materials and information on the Site: (i) on an occasional and irregular basis solely for personal and non-commercial use; (ii) solely to the extent specifically permitted by an Other Agreement (defined below); or (iii) for internal business use where obtained the appropriate authorization from RegisterHenderson.com, provided in all such cases that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such materials and information. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, "deep link", "scrape", data mine, or otherwise use any information or material obtained from or through this Site. Further, you may not post any content from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of RegisterHenderson.com. You warrant to RegisterHenderson.com that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site, (ii) collecting any information about other users of this Site, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Site to populate databases for internal or external business use. Additionally, you acknowledge and agree that you (and not RegisterHenderson.com, its employees or affiliated companies) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

    If you wish to quote from or make excerpts from any report, research, analysis, periodical and/or other editorial material created and published by RegisterHenderson.com for use by its subscribers and/or clients generally ("Publications") that are furnished to you on or through the Site (if any), or otherwise reuse or republish any portion of any Publication, you shall (a) do so only to the extent that any such action may be taken without violation of the Copyright Act or any other applicable intellectual property law (without regard to any permission or authorization granted by RegisterHenderson.com), or is expressly authorized in writing by RegisterHenderson.com, (b) provide an appropriate citation to the Publication containing the matter quoted, excerpted or reused, and (c) not use any portion of any Publication in connection with a prospectus or other document prepared in connection with the offering of securities.
  1. Intellectual Property Rights. All material contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of RegisterHenderson.com or its licensors and, except as expressly provided herein, RegisterHenderson.com does not grant any express or implied right in any such materials to you. In particular and without limitation, RegisterHenderson.com owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. Third-party trademarks displayed on the Site are the property of their respective owners. Except as specifically authorized herein, you may not use the trade names, trademarks, logos, service marks, service names or other such marks or designations of RegisterHenderson.com, its affiliates, or its licensors in any manner without the prior written consent of RegisterHenderson.com or its licensors, as applicable.
  2. Privacy Policy. Please see RegisterHenderson.com Privacy Policy for a summary of RegisterHenderson.com Personal Data collection and use practices with respect to the Site.
  3. Password Policy. Your use of certain portions of the Site may require a password. As part of the registration process, you must select a member name and password and provide RegisterHenderson.com with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password. You will also immediately notify RegisterHenderson.com if you become aware of any loss or theft of your password or any unauthorized use of your password. RegisterHenderson.com reserves the right to delete or change a password at any time and for any reason.
  4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While RegisterHenderson.com has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, RegisterHenderson.com and RegisterHenderson.com licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. RegisterHenderson.com and RegisterHenderson.com licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
  5. Enforcing Security. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, RegisterHenderson.com reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. RegisterHenderson.com will also comply with all court orders involving requests for such information.
  6. Links to Other Websites. RegisterHenderson.com may provide links, in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by RegisterHenderson.com and are maintained by third parties over which RegisterHenderson.com exercises no control. Accordingly, RegisterHenderson.com expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
  7. Transactions.We may make available the registration of vacant foreclosure properties on the the Site, and we may use third-party suppliers and service providers to enable e-commerce functionality on our Site. If you wish to initiate a transaction through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to RegisterHenderson.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, or otherwise associated with your account. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
  8. Events BeyondRegisterHenderson.com's Control. You expressly absolve and release RegisterHenderson.com and RegisterHenderson.com licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
  9. DISCLAIMERS. RegisterHenderson.com obtains all information furnished on the Site from sources believed by it to be accurate and reliable. You expressly agree that any and all data and information provided via the Site are provided for informational purposes, and you agree to independently verify the information provided as necessary and appropriate. RegisterHenderson.com adopts all necessary measures so that the information furnished on the Site is of sufficient quality and from sources RegisterHenderson.com considers to be reliable, including, when appropriate, independent third-party sources. However, RegisterHenderson.com is not an auditor and cannot in every instance independently verify or validate information it receives. Because of the possibility of human and mechanical error as well as other factors, the Site and all related materials, products, services and information are provided on an "AS IS" and "AS AVAILABLE" basis without representation or warranty of any kind, and REGISTERHENDERSON.COM AND ITS LICENSORS AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY RELATED MATERIALS, TOOLS, PRODUCTS, SERVICES OR INFORMATION. UNDER NO CIRCUMSTANCES WILL REGISTERHENDERSON.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF REGISTERHENDERSON.COM OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

    TO THE EXTENT PERMITTED BY LAW, REGISTERHENDERSON.COM AND ITS LICENSORS AND SUPPLIERS DISCLAIM LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR USE OF THIS SITE AND ITS CONTENT. IN ANY EVENT, THE AGGREGATE LIABILITY OF REGISTERHENDERSON.COM AND ITS LICENSORS AND SUPPLIERS FOR ANY REASON WHATSOEVER RELATED TO USE OF ANY WEBSITE AND ITS CONTENT SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY THE USER FOR SERVICES PROVIDED VIA SUCH WEBSITE PURSUANT TO THESE TERMS OF USE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) $100 (US).
  1. Indemnity. You agree to indemnify and hold harmless RegisterHenderson.com, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
  1. Submissions. RegisterHenderson.com also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content received through this Site, including any Postings (collectively, "Submissions"), however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for RegisterHenderson.com to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or otherwise act on or exploit such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby irrevocably waive (a) any claim to the contrary and (b) any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Site, comply with all applicable laws, rules and regulations.
  2. Export Restrictions. No software or any other materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
  3. Governing Law/Third Party Beneficiaries. These Terms of Use, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the State of Nevada, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods. RegisterHenderson.com licensors set forth in these Terms of Use are intended to be third party beneficiaries of the terms and conditions set forth herein, as applicable to their respective products and services.
  4. Dispute Resolution. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be Las Vegas, Nevada. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrators determine. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in Nevada for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, RegisterHenderson.com may seek preliminary injunctive relief from a court of law in the event of a breach by you.
  5. Term, Termination. These Terms of Use will take effect when you first commence using the Site. RegisterHenderson.com reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice.
  6. Waiver.Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by RegisterHenderson.com of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
  7. Nature of Relationship/Severability. No joint venture, partnership, employment, or agency relationship exists between you and RegisterHenderson.com as a result of these Terms of Use or your utilization of this Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.
  8. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through this Site may be subject to separate written agreements with RegisterHenderson.com ("Other Agreements"). Particular pages or features of this Site with content supplied by RegisterHenderson.com or its licensors may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between you and RegisterHenderson.com with respect to your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and RegisterHenderson.com with respect to the Site. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, RegisterHenderson.com data collection and usage practices in connection with the Site are as set forth in the Privacy Policy.
  9. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that RegisterHenderson.com does not endorse any of the products or services listed at such site.
  10. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to info@RegisterHenderson.com. You may also contact us by writing to Legal Department, RegisterHenderson.com, 6385 S. Rainbow Blvd.; Suite 105; Las Vegas, Nevada 89118 or call us at (702) 818-8880 California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  11. Forward-Looking Statements. Statements in any news release of RegisterHenderson.com, contained on the Site or communicated orally or in writing that concern RegisterHenderson.com or RegisterHenderson.com management and that are not historical facts are "Forward-Looking Statements." Forward-Looking Statements include, without limitation, statements that (a) include the words "believes," "expects," "anticipates," "estimates" or words of similar importance or meaning with reference to RegisterHenderson.com or RegisterHenderson.com management; (b) are specifically identified as forward-looking; (c) describe any of RegisterHenderson.com plans, objectives or goals for future operations and products; or (d) concern the characteristics and growth of RegisterHenderson.com markets or customers or RegisterHenderson.com expected liquidity and capital resources. Forward-Looking Statements are only predictions involving important factors and risks that may cause actual results to differ materially from those discussed in any Forward-Looking Statement. Those important factors and risks include, without limitation, economic, competitive, governmental and technological factors affecting RegisterHenderson.com operations, markets, products, services and prices. RegisterHenderson.com expressly disclaims any obligation or responsibility to update or revise or supplement any Forward-Looking Statement in any news release or generally to any extent.
  12. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send RegisterHenderson.com a notice requesting that RegisterHenderson.com remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send RegisterHenderson.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:

    RegisterHenderson.com 6385 S. Rainbow Blvd., Suite 105 Las Vegas, Nevada 89118 Tel: 702.967.3333 Fax: 702.314.14397 Email: info@registerhenderson.com.
  1. Contact Information. If you would like to contact RegisterHenderson.com regarding these Terms of Use or the Privacy Policy, please contact:

    RegisterHenderson.com 6385 S. Rainbow Blvd., Suite 105 Las Vegas, Nevada 89118 Tel: 702.967.3333 Fax: 702.314.14397 Email: info@registerhendersoncom. If you choose to contact RegisterHenderson.com via e-mail regarding these Terms of Use or the Privacy Policy, respectively, please mark the subject heading of your e-mail "Terms of Use Inquiry" or "Privacy Inquiry."
  1. Evaluation. If you have been granted access to the Site in order to evaluate the materials and information available through the Site for possible procurement of a license, you acknowledge and agree that you will use the Site only internally and solely for the purpose of evaluating the Site during the Evaluation Period. The "Evaluation Period" shall commence on the first day you are granted access to the Site for evaluation purposes and continue for 30 days thereafter (or such different period as agreed to by RegisterHenderson.com). You agree to discontinue all access and use of the Site at the end of the Evaluation Period, unless you have obtained a paid license or subscription from RegisterHenderson.com for the continuing access and use of the Site. In the event you decide not to obtain a license to access and use the Site at the end of the Evaluation Period, you agree that you will promptly purge all materials and information furnished to you through the Site that has been stored in your computer systems, databases, or any data storage facilities owned or under your control, delete any passwords that allowed you to access the Site for evaluation purposes, and cease using all materials and information obtained as part of the evaluation.
  2. Assignment. You may not assign your rights and obligations under these Terms of Use without the prior written consent of RegisterHenderson.com. Any assignment made in violation of the foregoing prohibition shall be null and void. These Terms of Use shall be binding upon the parties hereto and their respective successors and permitted assigns.

Site © 2013 Applied Analysis. All rights reserved. All trademarks, unless otherwise noted, are owned by Applied Analysis, LLC and are used under license.

 

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