HaptX

Terms of Service

Last Updated: October 25, 2022

These Terms of Service (“Terms”) are an agreement between you and HaptX, Inc. (“HaptX”, “we”, “our” or “us”) and apply to your access to and use of (i) the website located at haptx.com (or any successor links) and all associated web pages, subdomains, websites, and social media pages (the “Site”), (ii) the hardware and software products made available by HaptX (the “Products”), and (iii) online services provided by HaptX related to the Products (such services together with the Site, the “Services”).

 

BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 16, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED IN SECTION 16, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND HAPTX WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. If you do not agree to these Terms, do not use our Products or Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Products or Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Products or Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control solely to the extent of the conflict. The HaptX Terms of Sale are Supplemental Terms that apply when you order Products from HaptX.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Products or Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Products or Services.

1. Your Information
You may provide certain information to HaptX in connection with your access to or use of our Products or Services, or we may otherwise collect certain information about you when you access or use our Products or Services. You agree to receive emails and other types of communication from HaptX via the Products or Services using the email address or other contact information you provide in connection with the Products or Services. You represent and warrant that any information that you provide to HaptX in connection with the Products or Services is accurate.

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
2. Eligibility and Use Restrictions
(a)

Pre-Order Fulfillment
.
 HaptX, our designee, or a HaptX third-party authorized reseller (“Authorized Reseller,” or the “Pre-Order Fulfiller”) may ultimately fulfill your Pre-Order. You understand and acknowledge that (a) Products you Pre-Order are not yet ready for delivery, that we have not yet begun shipping such Products, and that shipping may be delayed, (b) the specifications for a Product you Pre-Order may change between when you place a Pre-Order and when the Product ships, and (c) you must pay the remaining balance of the Product when requested to do so by the Pre-Order Fulfiller. Unless otherwise agreed in writing, the Pre-Order Fulfiller has no obligation to ship a Product to you until you have paid all remaining amounts due for the Product.

(b)
Release of Pre-Order Products
.
While we will provide a reasonable estimate of a Product’s expected specifications when you place a Pre-Order, your Order is for the Product as it is eventually commercially released. Likewise, any estimate of a Product’s shipping date we provide is only a reasonable estimate of when we expect your Product to ship. The actual date a Product that you Pre-Order will ship is uncertain and depends on a variety of factors including whether product development and manufacturing schedules are met, when you placed your Pre-Order or Order, when we accepted your Pre-Order or Order, and licensing and importation issues related to your jurisdiction. Commencement of shipping is subject to change without notice to you

(c)
Cancelation of Pre-Orders with Refund
.
Pre-Orders may be canceled by HaptX in the rare circumstances where HaptX or another Pre-Order Fulfiller cannot, with commercially reasonable efforts, overcome administrative, technical, legal or regulatory obstacles to fulfilling your Pre-Order. This may happen, for example, if we are unable to complete development of a Product or if we are unable to obtain all necessary certificates and permits for the import and distribution of the Product in your jurisdiction. If we cancel a Pre-Order pursuant to this Section 5(c), your sole and exclusive remedy and our sole and exclusive liability, unless otherwise required by law, will be for us to refund any amount you have already paid HaptX for the Pre-Order.
3. Accounts
HaptX may enable you to create one or more accounts to use our Products or Services and you may allow Authorized Users to access those accounts. You will ensure that you and your Authorized Users (a) do not share account credentials outside of your organization, business, or entity, (b) provide accurate account information and promptly update this information if it changes, and (c) use strong account passwords that are unique to our Services and not used by you or by Authorized Users in any other website or online service. You will maintain the security of your account(s). If you discover or suspect that someone has accessed the account without permission, you will promptly notify HaptX. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. User Content
(a)
Our Services may allow you and other users to create, post, store, and share content, including plugins, executables, applications, and other software, reviews, testimonials, messages, text, photos, videos, and other materials (collectively, “User Content”). When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. If you choose to make any of your information publicly available through the Services, you do so at your own risk.

(b)
Except for the license you grant below, as between you and HaptX, you retain all rights in and to your User Content, excluding any portion of the Services included in your User Content. You grant HaptX and its subsidiaries and affiliates and our end users a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you or any third party. You hereby irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law or under any legal theory.

(c)
You may not create, post, store, or share any User Content for which you do not have all the rights necessary to grant us the license described above, and you represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of any person or entity, including any third-party rights, or cause injury to any person or entity. You may not create, post, store, or share any User Content that:
  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability, or violate any local, state, national, or international law;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitat/li>
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose HaptX or others to any harm or liability of any type.


(d)
Enforcement of this Section 4 is solely at HaptX’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 4 does not create any right or private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms or that objectionable material will be promptly removed after it has been posted.

(e)
We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit, or monitor User Content, we may:
  • delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;
  • terminate or suspend your access to all or part of the Products or Services, temporarily or permanently, if your User Content is reasonably likely, in our sole determination, to violate applicable law or these Terms;
  • take any action with respect to your User Content that is necessary or appropriate, in HaptX’s sole discretion, to ensure compliance with applicable law and these Terms, to protect HaptX’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and
  • as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content on or through the Services.
5. Prohibited Conduct
(a) You will not use our Products or Services if you are not eligible to use our Products or Services in accordance with Section 2 and will not use our Products or Services other than for their intended purpose. Further, you will not, in connection with our Products or Services:

  • Violate any applicable law, contract, intellectual property right, or other third-party right or commit a tort;
  • Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
  • Use or attempt to use another user’s account or information without authorization from that user and HaptX;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell or resell our Products or Services without written authorization from HaptX;
  • Copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Products or Services, except as expressly permitted by us or our licensors;
  • Modify our Products or Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Products or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Products or Services or that could damage, disable, overburden, or impair the functioning of our Products or Services in any manner;
  • Reverse engineer any aspect of our Products or Services or do anything that might discover or reveal source code, or bypass or circumvent measures employed to prevent or limit access to any part of our Products or Services;
  • Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Products or Services except in accordance with instructions contained in our robot.txt file and only to compile for search results, provided that HaptX grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. HaptX reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
  • Develop or use any applications that interact with our Products or Services without our prior written consent;
  • Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Link to any online portion of the Services in a manner that damages or exploits, in our sole discretion, our reputation or suggests any form or association, approval, or endorsement by the HaptX; or
  • Use our Products or Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.


  • (b) Enforcement of this Section 5 is solely at HaptX’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. This Section 5 does not create any right or private right of action on the part of any third party.
    6. Product Listings and Promotions
    The Services may make available listings, descriptions, and images of Products, as well as references and links to Products and coupons or discounts for Products (“Listings”). Such Products may be made available by HaptX and may be made available for any purpose, including general information purposes. We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such Listings (including any features, specifications, and prices contained therein). Such Listings and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors; however, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

    Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.
    7. Ownership; Limited License
    The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and Products and all intellectual property rights therein and thereto, are owned by HaptX or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 4 and 5), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for internal use and solely with respect to any applications included in the Services, install and use such application on devices that you own or control. Any use of the Products or Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your devices.
    8. Trademarks

    “HaptX”, “HaptX Gloves”, “HaptX Gloves DK2”, “HaptX Gloves G1”, “Airpack”, and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of HaptX and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Products or Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

    9. Feedback

    You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about HaptX or our Products or Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback, Products or Services, or to improve or develop new products, services, or the Products or Services in HaptX’s sole discretion. HaptX will exclusively own all improvements to, or new, HaptX products, services, Products, or Services based on any Feedback. You understand that HaptX may treat Feedback as nonconfidential.

    10. Repeat Infringer Policy; Copyright Complaints
    (a) Our Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. (b) Reporting Claims of Copyright Infringement. If you believe that any content on our Services infringe any copyright that you own or control, you may notify HaptX’s designated agent as follows: Designated Agent Compliance Manager Address 6724 185th Ave NE, Suite 300 Redmond, WA 98052 Telephone Number (805) 888-4278 Email Address dmca@haptx.com Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to HaptX for certain costs and damages.
    11. Third-Party Content
    (a) Our Products or Services may rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services and Products. You acknowledge that (a) the use and availability of the Products and Services may be dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Products or Services operate.

    (b) Specifically, certain items of independent, third-party code may be utilized in connection with the Product or Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.

    (c) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively,“Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.

    (d) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Products or Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
    12. Indemnification
    To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless HaptX and our subsidiaries and affiliates, and each of our respective officers, directors, agents, manufacturers, partners, and employees (individually and collectively, the “HaptX Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify HaptX Parties of any third-party Claims, cooperate with HaptX Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). The HaptX Parties will have control of the defense or settlement, at HaptX’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and HaptX or the other HaptX Parties.
    13. Disclaimers
    Your use of our Products and Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Products, Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. HaptX disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, HaptX does not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While HaptX attempts to make your use of our Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Products or Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Products and Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of HaptX, HaptX Parties, and HaptX’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
    14. Limitation of Liability
    (a) To the fullest extent permitted by applicable law, HaptX and the other HaptX Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive, or special damages or lost profits, even if HaptX or the other HaptX Parties have been advised of the possibility of such damages.

    (b) The total liability of HaptX and the other HaptX Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to us for the Products or Services giving rise to the claim.

    (c) The limitations set forth in this Section 14 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of HaptX or the other HaptX Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
    15. Release
    To the fullest extent permitted by applicable law, you release HaptX and the other HaptX Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
    16. Dispute Resolution; Binding Arbitration

    PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND HAPTX TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND HAPTX FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND HAPTX AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. HAPTX AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.


    IF YOU ARE A CONSUMER, AS DEFINED BELOW, FOLLOW THE INSTRUCTIONS IN THIS SECTION IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.


    (a)
    Informal Dispute Resolution Prior to Arbitration. For any dispute or claim that you have against HaptX, that HaptX has against you or that you have, or HaptX has, in each case arising from, relating to, or stemming from these Terms, the Products, the Services, or any aspect of the relationship between you and HaptX as relates to these Terms, the Products, the Services, including any privacy or data security claims, (collectively, “Claims”, and each a “Claim”), you and HaptX agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against HaptX, you will first contact HaptX by sending a written notice of your Claim (“Claimant Notice”) to HaptX by email to legal@haptx.com or by certified mail address to HaptX, Inc., Attn: Legal Department, 6724 185th Ave NE, Suite 300, Redmond, WA 98052. The Claimant Notice must (i) include your name, address, email address, telephone number, and, if applicable, order number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If HaptX asserts a Claim against you, HaptX will first contact you by sending a written notice of HaptX’s Claim (“HaptX Notice”, and each of a Claimant Notice and HaptX Notice, a “Notice”) to you via a contact method that you have provided to HaptX. The HaptX Notice must (i) include the name of a HaptX contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If you and HaptX cannot reach an agreement to resolve the Claim within thirty (30) days after you or HaptX receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or HaptX first send the applicable Notice so that the parties can engage in this informal dispute-resolution process.


    (b)
    Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court and any disputes exclusively related to the intellectual property or intellectual property rights of you or HaptX, including any disputes in which you or HaptX seek injunctive or other equitable relief for the alleged unlawful use of your or HaptX’s intellectual property or other infringement of your or HaptX’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 16(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.


    (c)
    Federal Arbitration Act. These Terms affect interstate commerce, and the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.


    (d)
    Arbitration Procedure. All Claims must be submitted to the American Arbitration Association (“AAA”) and will be resolved through binding arbitration before one arbitrator. If you are not a consumer, the then-current version of AAA’s Commercial Arbitration Rules will apply, as amended by these Terms. For purposes of this Section 16, a “consumer” means a person agreement to these Terms or using the Services for personal, family, or household purposes and not for any business or commercial purpose. If you are a consumer, the then-current version of the AAA’s Consumer Arbitration Rules will apply, as modified by these Terms. Both sets of rules are available on the AAA’s website (adr.org).


    (e)
    One Year to Assert Claims. To the extent permitted by law, any Claim by you or HaptX relating in any way to these Terms, the Products or the Services, or any aspect of the relationship between you and HaptX as relates to these Terms or the Products or the Services, must be filed within one year after such Claim arises; otherwise, the Claim is permanently barred, which means that you and HaptX will not have the right to assert the Claim.


    (f)
    Opting Out of Arbitration. If you are a consumer, you have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us with notice of your decision to opt-out via email at legal@haptx.com or by certified mail address to HaptX, Inc., Attn: Legal Department, 6724 185th Ave NE, Suite 300, Redmond, WA 98052. In order to be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 17.


    (g)
    Severability. If any portion of this Section16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.


    (h)
    Notwithstanding anything to the contrary in the Terms, if you are a consumer and reside in any country outside of the United States, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed above in this Section 16 of the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the jurisdiction in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the jurisdiction in which you reside.

    17. Governing Law
    Any Claims will be governed by and construed and enforced in accordance with the laws of the State of Washington, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any Claim is not subject to arbitration pursuant to Section 16, then the state and federal courts located in King County, Washington, will have exclusive jurisdiction. You and HaptX waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
    18. Modifying and Terminating the Services
    We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by HaptX in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
    19. Severability
    If any portion of these Terms other than Section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
    20. Export Control
    You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
    21. Miscellaneous

    (a)
    HaptX’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.

    (b)
    If you have a question or complaint regarding the Products or Services, please send an email to contact@haptx.com. You may also contact us by writing to 6724 185th Ave NE, Suite 300, Redmond, WA 98052, or by calling us at (805) 888-4278. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.