III. Electronic Form.
V. Registration and Eligibility.
AAt this time certain features of the Service are provided free of charge. However, we reserve the right to modify this practice and impose fees for various features available through the Service.
VI. Use of the Service.
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Hapzing in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
- impersonates any person or entity, including any employee or representative of Hap +4; or
- includes anyone's identification documents or sensitive financial information
YOU UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF CONTENT AND MATERIALS AVAILABLE THROUGH THE SITES AND SERVICE IS AT YOUR OWN RISK AND ACCEPT THAT ANY MATERIAL CONTAINED THEREON MAY BE OFFENSIVE TO YOU. SHOULD YOU FIND THE MATERIAL IN THE SERVICE OFFENSIVE OR NOT MEETING YOUR NEEDS, YOUR SOLE REMEDY IS TO CANCEL YOUR REGISTRATION.
We reserve the right to refuse registration of a Hap +4 account in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Hap +4 password. You may not use another user's account without such other user's prior express permission. You will immediately notify us in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
When you delete your User Content, they will be removed from the Service. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content.
Content and Proprietary Information. The Service contains trademarks, trade names, logos, and other marks belonging to Hap +4 and Hapzing, Inc (under license). Hapzing ("Hapzing Marks"), along with Content specifically provided by us or our partners, and such Hapzing Marks and Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. We own a copyright in the selection, coordination, arrangement and enhancement of the Content and such other content on the Sites and a copyright in the Sites. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
VIII. No License Granted.
IX. Notice of Procedure for Making a Claim of Copyright Infringement.
If you believe that any content or User Content on the Sites or in the Service constitutes work that is owned by you or a third party, and is displayed on the Sites or through the Service without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on these Sites;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Hap+4 Copyright Agent
Hap +4, LLC
969 Lakeway Ct
Union, KY 41091
By email: firstname.lastname@example.org
X. Communications from Hapzing.
You may be able to access other websites or resources through links on the Sites, or access the Sites through links provided on other websites or resources. The inclusion of any such links does not imply endorsement by us or any association with its operators. Because we have no control over such sites and resources, you acknowledge and agree Hap +4 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that Hapzing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Sites or resource.
XII. Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITES AND THE SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITES AND THE SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITES AND THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES OR SERVICE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USES GAIN ACCESS TO THE SERVICE; WHAT CONTENT YOU ACCESS VIA THE SERVICE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SITES OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITES OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITES AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES AND SERVICE.
XIII. Liability Limitation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAP +4, ITS PARENT, SUBSIDIARIES, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, DATA, OR OTHER INTANGIBLES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITES OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. OUR LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
XVI. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
XVII. Governing Law/Disputes/Class Action Waiver.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
You may contact us at the following address: 969 Lakeway Ct, Union, KY 41091
Copyright (c), 2016, Hap +4, LLC., All rights reserved.