Terms of use 2017-11-17T11:01:49+00:00

Terms and conditions

Terms and conditions

Last Updated: November 20, 2017

HaptX, Inc. (“HaptX”) maintains its official website at https://haptx.com (the “Website”) to provide you with information about its technology. By accessing, browsing, or using the Website, you accept these Terms of Use (“Terms”) and HaptX’s Privacy Policy, which is incorporated into these Terms. If you do not agree to these Terms and the Privacy Policy, then please do not access, use, or browse the Website.

Please note that these Terms apply to your use of the Website only. If you are a business that has partnered with HaptX under a separate agreement, the terms of that agreement will apply to your relationship with HaptX.

1. USING THE WEBSITE.

A. Intellectual Property. The Website, and all content and materials appearing within the Website, are protected by copyright and trademark laws. The Website contains trademarks, logos, and other intellectual property owned by HaptX or by third parties (“HaptX Content”), and your use of the Website does not grant you any rights to use, copy, reproduce, republish, post, distribute, or modify any HaptX Content without HaptX’s prior written consent. All rights in and to HaptX Content are reserved by HaptX.

B. Restrictions. When using the Website, you must not:

i.  Violate any applicable local, state, national, or international law and any regulations having the force of law, whether intentionally or unintentionally;

ii. Duplicate, copy, display, republish, distribute, reuse, or create derivative works of the Website or any part thereof without HaptX’s prior written consent;

iii. Upload, post, e-mail, or otherwise make available through the Website any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

iv. Attempt to breach any security measures of the Website;

v. Upload, post, e-mail, or otherwise make available through the Website any material that contains a software virus, worm, Trojan horse or other computer code, file, or program designed to interrupt, destroy, or otherwise limit the functionality of any computer software or hardware;

vi. Upload, post, e-mail, or otherwise make available through the Website any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

vii. Interfere with or disrupt the Website servers or networks (e.g. “flooding”);

viii. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

ix. Make available through the Website someone else’s personal information without that person’s express, written consent; or

x. Advertise or offer to sell or buy any illegal goods or services.

User Content. Certain parts of the Website may allow you to post or transmit public messages (“User Content”). User Content must not violate these Terms. User Content will be processed in accordance with HaptX’s Privacy Policy, and you grant HaptX a perpetual and irrevocable, worldwide, royalty-free, and non-exclusive license to use, host, store, modify, create derivative works from, or otherwise transmit your User Content in any manner and in any medium. HaptX reserves the right to edit or remove any User Content in its sole discretion.

2. THIRD-PARTY SITES.

Throughout the Website, you will see links to third-party websites or applications that are controlled by companies other than HaptX. If you click on these links and visit the third-party websites or applications, HaptX is not responsible for the content or services provided by these third parties. You are subject to the terms of use and privacy policies of the third parties and HaptX encourages you to review them.

3. HOW HAPTX USES OF YOUR INFORMATION.

For information on how HaptX collects, uses, and discloses your information while you use the Website, please review our Privacy Policy found here.

4. UNSOLICITED FEEDBACK.

HaptX does not accept unsolicited feedback, suggestions, or other information about HaptX, its technology, or any other aspect of HaptX’s business. If you provide HaptX with feedback or other ideas, you agree that HaptX is free to use any feedback provided by you for any purpose without compensation to you, including, without limitation, improving its products or services and creating derivative products.

5. INDEMNIFICATION

You will defend, indemnify, and hold HaptX, its affiliates, trustees, directors, officers, employees, and representatives harmless from and against any and all claims, allegations, liabilities, costs, expenses (including reasonable attorneys’ fees), losses, and damages arising out of or in connection with your use of the Website including, without limitation, your posting or display of User Content that violates or infringes upon the rights of third parties.

6. DISCLAIMER OF HAPTX WARRANTIES AND LIABILITIES.

THE USE OF THE WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED TO YOU ON AN “AS-IS” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPTX MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HAPTX MAKES NO WARRANTIES THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED.

HAPTX WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES CAUSED BY OR ARISING OUT OF YOUR USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE WEBSITE, OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).

7. JURISDICTION AND CHOICE OF LAW.

By using the Website, you agree that the laws of Washington State will govern in any and all disputes without regard to its conflict of laws principles.

BY ACCEPTING THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS OR COLLECTIVE ACTIONS AND AGREE THAT ANY CLAIM OR DISPUTE BETWEEN YOU AND HAPTX THAT ARISES IN WHOLE OR IN PART FROM THE WEBSITE ARE SUBJECT TO MANDATORY, BINDING ARBITRATION WHICH MUST TAKE PLACE IN SEATTLE, WASHINGTON. ALL ARBITRATIONS WILL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. YOU AND HAPTX AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THESE RULES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

8. CHANGES TO THESE TERMS.

HaptX reserves the right to make changes these Terms in its sole discretion from time to time. Any changes to these Terms will be effective once HaptX posts the updated Terms.

9. GENERAL

These Terms and Privacy Policy constitute the complete and final agreement between HaptX and you with respect to your use of the Website, and may not be modified except in a writing signed by you and HaptX. HaptX may transfer or assign these Terms, in whole or in part, to any third party of our choosing. You agree that your breach of these Terms will cause HaptX immediate and irreparable harm and HaptX will be entitled, notwithstanding the arbitration clause set forth in Section 7 above, to seek injunctive relief without the necessity of posting bond. HaptX and you are independent parties and nothing in these Terms creates an employment or agent relationship. If any provision herein is held to be unenforceable, such provision will be reformed in that matter only to the extent necessary to make it enforceable, and will not affect the enforceability of the remaining provisions. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision.

10. CONTACT

If you have any questions about these Terms, please contact us at support@haptx.com.