Terms and conditions
Terms and conditions
Last Updated: November 20, 2017
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.
2. THIRD-PARTY SITES.
3. HOW HAPTX USES OF YOUR INFORMATION.
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.
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.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.