General Terms and Conditions
Disclaimer of Warranty
Despite the efforts of Hurst Reading Center, Inc. to provide accurate information, it is not possible to ensure completely that all information is infallibly correct. The materials contained on the server could include technical inaccuracies or typographical errors. As such, Hurst Reading Center, Inc. does not accept any responsibility or liability for any actions taken as a result of using the Web site or any information contained on the Web site. Further, Hurst Reading Center, Inc. assumes no responsibility for errors or omissions in the materials on the Web site. THESE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Hurst Reading Center, Inc. further does not warrant the accuracy or completeness of information, text, graphics, links, or other items contained within these materials. In no event shall Hurst Reading Center, Inc. be liable for any damages of any kind whatsoever, including damages resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use of the materials. The materials are subject to change without notice and do not represent a commitment of Hurst Reading Center, Inc.
All products and services referenced are provided subject to any applicable tariffs and any accompanying terms and conditions.
Limitation of Liability
HURST READING CENTER INC. AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCTS SOLD ON THE WEB SITE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A PRODUCT IS FAULTY, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PRODUCT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
HURST FIRST Let's Read! reading programs are distributed by Hurst Reading Center, Inc., an Oklahoma corporation. By visiting www.hurstreading.com, you agree that the laws of the State of Oklahoma, without regard to principles of conflict of laws, will govern these product terms and conditions. Hurst Reading Center, Inc. reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.
The following are some of the trademarks and service marks of Hurst Reading Center, Inc.: HURST FIRST LET'S READ!®, HURST READING CENTER®, BEGIN-TO-READ SERIES®. Hurst Reading Center, Inc. also claims trademark rights to other marks, which may not be explicitly listed. THESE MARKS ARE NOT TO BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF Hurst Reading Center, Inc. Other trademarks and service marks are the property of their respective owners. Reference to a company, product, service, or publication does not imply an approval or recommendation of that company, product, service, or publication.
Copyright © 2008 Hurst Reading Center, Inc.
All rights reserved.
Permission is granted to download materials from this Web site for your informational and personal (i.e., non-commercial) use only, and is limited to one copy.
Any other reproduction or editing by any means, mechanical or electronic, without the express written permission of Hurst Reading Center, Inc., is strictly prohibited.
You may refer to the URL of this Web site without limitation, but you may not link to this Web site without the prior written approval of Hurst Reading Center, Inc.
Consent and Release
For adequate consideration received, you hereby give Hurst Reading Center, Inc., and their direct and indirect subsidiaries and affiliates and those acting with its authority the absolute, unrestricted, irrevocable and worldwide right, with respect to any information concerning you, including your name and biographical and employment information, and any photographic image made of you, or any work product created by you (including text material and photographs)(and whether digital or otherwise)(collectively, the "Information"):
(a) To display, reproduce, broadcast, publish, edit, modify or prepare derivative works or otherwise use the Information, in whole or in part, individually or in conjunction with or as a composite of other photographs or other matter including text, data, images, illustrations, animation and graphics, and video or audio segments of any nature, on any of Hurst Reading Center's marketing materials, web sites or in any other public or private medium, including all formats of print, computer readable electronic, magnetic, digital, laser or optical based media (the "Work") and for any purpose whatsoever, including (but not limited to) product promotion and advertising (the "Permitted Uses");
(b) To register the copyright of the Information and any Work in Hurst Reading Center's name or any other name that it may choose; and
(c) To use and permit your name to be used in connection with the Information and any Work, whether in original or modified form, as Hurst Reading Center, Inc. so chooses. You hereby release and discharge Hurst Reading Center, Inc. its agents, employees, officers, successors and assigns from any and all claims and demands you may now or hereafter have arising out of or in connection with the Permitted Uses of the Information or any Work, including, without limitation, any and all claims for the right of privacy, publicity, libel or slander and any and all claims and/or demands for royalties associated therewith.
IF YOU ARE A CALIFORNIA RESIDENT, IT IS EXPRESSLY UNDERSTOOD that Section 1542 of the Civil Code of California provides as follows: 1542. (Certain Claims Not Affected by General Release).
A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
If in any way applicable, the parties agree that the benefits of the provisions of Section 1542 of the California Civil Code and any similar federal or state statute ARE HEREBY WAIVED by the parties and each of them acknowledge and agree that this release will be delivered in the state of California and that this waiver is an essential and material term of this release.
You agree that there shall be no obligation to utilize the authorization granted by you hereunder. The terms of this authorization shall commence on the date this Consent and Release is transmitted to Hurst Reading Center, Inc. hereof and be without limitation.
This Consent and Release shall also inure to the benefit of the legal representatives, licensees and assigns of Hurst Reading Center, Inc. as well as the person(s) who recorded or otherwise assisted in the publication of the Permitted Uses of the Information and any Work.
This Consent and Release will be governed by the laws of the State of Oklahoma.