HARDMILLING.COM TERMS AND USE CONDITIONS

Last Modified: April 19, 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with DM Consulting, Inc. (“DM Consulting”), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify DM Consulting for violations of these Site Terms. Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

Copyright and Trademark.

Unless otherwise noted, all materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by DM Consulting, its subsidiaries and affiliates or by other parties that have licensed their material to DM Consulting.

All rights not expressly granted are reserved.

Personal Use.

Your use of the materials included on the Site is for educational and informational purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Site in any way. You agree to indemnify, defend and hold harmless DM Consulting for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to DM Consulting and that in the event of an unauthorized use, DM Consulting shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Registration Data and Account Security.

 In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you, keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify DM Consulting immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide.

Termination.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice; (1) Restrict, suspend, or terminate your access to all or any part of our Services; (2) Change, suspend, or discontinue all or any part of our Services; (3) Refuse, move, or remove any material that you submit to our Site for any reason; (4)  Refuse, move, or remove any content that is available on our Site; (5) Deactivate or delete your accounts and all related information and files in your account; and (6) Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Indemnification
You agree to defend, indemnify and hold harmless DM Consulting, Inc., its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of DM Consulting’s content, or your violation of any rights of another.

Disclaimer
THIS SITE AND DM CONSULTING’S CONTENT ARE PROVIDED "AS IS" AND DM CONSULTING AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. DM CONSULTING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT DM CONSULTING, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

DM Consulting uses reasonable efforts to ensure the accuracy, correctness and reliability of all Content, but we make no representations or warranties as to its accuracy, correctness or reliability.

DM Consulting offers a search feature within the Site. DM Consulting explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. DM Consulting also disclaims any responsibility for the completeness or accuracy of any directory or search result.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Applicable Law and Venue.

Any dispute relating in any way to your use of the Site or the DM Consulting Content shall be submitted to confidential arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate DM Consulting’s intellectual property rights, DM Consulting may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

Request to remove certain content from the Site.

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact our corporate counsel at:

Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and DM Consulting and govern your use of the Site, superceding any prior agreements that you may have with us.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superceded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.