Version 1. Effective as of January 1, 2014 5:00 PM
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The Terms of Service is the entire agreement regarding your usage of the Services, and supersedes any oral or written communication between you and any employee, officer, or affiliate of HiramSoftware.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by HiramSoftware.com. You may also be subject to additional terms and conditions that may apply when you buy or use affiliate services, third-party goods and services, third-party content, or third-party software.
The Terms of Service and the relationship between you and HiramSoftware.com shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and HiramSoftware.com agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. You and HiramSoftware.com agree to conduct all legal proceedings exclusively in the English language. The failure of HiramSoftware.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Regardless of any statute or law to the contrary, you agree to send written notice to HiramSoftware.com as set forth in Section 9, detailing any claim or cause of action arising out of or related to your use of the Services or the Terms of Service within one (1) year after such claim or cause of action arose, or be forever barred from pursuing such claim or cause of action.
ACCESS TO THE SERVICE In order to use the Services, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide, at your expense, all equipment necessary to make such connection to the World Wide Web, including, but not limited to, a computer and modem or other access device.
LIMITATION OF RELIABILITY AND ENDORSEMENTS HiramSoftware.com does not represent or endorse the accuracy or reliability of any of the information, content, messages, graphics, drawings, user reviews, or advertisements contained on, distributed through, or linked, downloaded or accessed from the Services nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers, vendors, or users found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser,vendor, or user. You agree that HiramSoftware.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, vendors, or users on the Services.
ERRORS AND OMISSIONS HiramSoftware.com is not responsible for any errors or omissions, or for any losses you or any other third party might incur as a result of our errors or omissions, even if we have been previously advised of such errors or omissions. If you believe there is an error in the Services, you may contact us. Any changes we make to the Services as a result of your feedback are at our sole discretion, and we are under no obligation to make any changes you may suggest. HiramSoftware.com reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in the Services without notice to you.
EXTERNAL SITES AND RESOURCES HiramSoftware.com is not responsible for the availability, accuracy, copyright compliance, legality or decency of material contained in any external link or other external resource, including advertisers, that you may access from the Services. You further acknowledge and agree that HiramSoftware.com 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 external content, goods or services.
INTELLECTUAL PROPERTY HiramSoftware.com respects the intellectual property rights of others, and we ask our users to do the same. All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which it originated. You, and not HiramSoftware.com, are entirely responsible for anything you upload, email, post, or otherwise transmit to us. You agree not to transmit any information to us in any way that would constitute copyright infringement. Accounts of repeat infringers will be terminated in appropriate circumstances. If any content within the Services contains what you believe to be your work in a way that constitutes copyright infringement, please notify us immediately by following the procedure set forth below.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Please submit such notices in written form, postage pre-paid, to:
Hiram Software Attn: DMCA Department PO Box 19667 Seattle WA, 98109 DMCA notices must comply with the requirements of 17 U.S.C. 512(c)(3) and should contain at least the following information:
Identification of the copyrighted work claimed to have been infringed. Identification of the material that is claimed to be infringing or to be the subject of infringing activity. In order to comply with this requirement, please include at least a link to the relevant portion(s) of the HiramSoftware.com web site or Services that contain the alleged infringing material. The address, telephone number, and e-mail address of the complaining party. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that making a false statement can lead to very expensive civil fines, litigation, and legal fees. A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
OUR RIGHT TO DISCONTINUE SERVICE HiramSoftware.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree that HiramSoftware.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of any or all of the Services. You agree that HiramSoftware.com, in its sole discretion, may terminate or restrict your account for any reason whatsoever, with or without notice. You agree that HiramSoftware.com shall not be liable to you or any third party for any termination or restriction of your access.
LEGAL NOTICES You agree to send or cause to have sent any and all legal notices and all legal matters to:
Hiram Software Attn: DMCA Department PO Box 19667 Seattle WA, 98109 You agree that any and all legal notices and legal matters sent to us in any other way (such as, for example, through email, fax, or our website) will have no legal effect and may not be processed.
You will maintain ownership of any information and data you submit to or through the Services. However, you grant HiramSoftware.com (and its assigns) the perpetual, irrevocable right to use, copy, create derivative works, and otherwise dispose of any such information and data.
We welcome your suggestions to improve the Services. However, if you choose to submit such suggestions, you acknowledge that you do so voluntarily, and in doing so you agree to assign to HiramSoftware.com all rights to any and all such suggestions (including patentable inventions), and to make best efforts to assist HiramSoftware.com in the filing, prosecution, or other perfection of any such intellectual property rights. You further agree not to assert any claims against HiramSoftware.com under any intellectual property rights you may have obtained that are based in whole or in part on any voluntary suggestions you may have submitted to us, or to permit or assist others to assert any such claims (including by assignment of any intellectual property rights to any third party).
Your correspondence or business dealings with, or participation in promotions of, merchants, advertisers, or users found on or through Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant, advertiser, or user. You agree that HiramSoftware.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, merchants, or users on the Services. In the event that you have a dispute with one or more users or merchants, you release HiramSoftware.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (including actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
HiramSoftware.com may not actively monitor or edit messages, reviews or other content submitted by users. You hereby agree and acknowledge that HiramSoftware.com is merely a service provider under 47 U.S.C. 230 and any other applicable law. You further acknowledge and agree that we have no obligation to edit or delete content which you may find objectionable, offensive, or that you may allege to be defamatory or otherwise prohibited. You further acknowledge and agree that any content submitted by users is the sole opinion and responsibility of such users, and agree not to hold HiramSoftware.com or its officers, agents, employees, directors, or affiliates liable in any way for any such content. HiramSoftware.com will edit or remove content if requested by the original author or his/her authorized agent, or if ordered by a court of law with relevant jurisdiction. You expressly agree to reimburse HiramSoftware.com for all costs (including attorney fees and costs) we incur arising from any actions you or any of your agents take against any third parties under this Article 11. You expressly agree to reimburse HiramSoftware.com for all costs (including attorney costs) we incur in defending any action you or any of your agents pursue against HiramSoftware.com, its agents, employees, directors, officers, or affiliates in contradiction of this Article 11. You further expressly agree that HiramSoftware.com may seek and obtain incidental and punitive damages resulting from you taking any action or acting in any manner that contradicts this Article 11, in addition to any other lawful remedies, and you further acknowledge that your lack of legal knowledge or competent legal counsel shall not in any way diminish the remedies available to HiramSoftware.com as set forth herein.
INDEMNITY You agree to indemnify, defend and hold harmless HiramSoftware.com, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use or misuse of the Services, your violation of the Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of HiramSoftware.com's successors, assigns and licensees.
WARRANTIES, EXCLUSIONS, AND LIMITATIONS THE SERVICES ARE PROVIDED BY HiramSoftware.com ON AN "AS IS" BASIS, AND HiramSoftware.com EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES. IN NO EVENT SHALL HiramSoftware.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HiramSoftware.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HiramSoftware.com MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HiramSoftware.com OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN OUR TERMS OF SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HiramSoftware.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF HiramSoftware.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.