Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and Hi.Q have against each other are resolved (see Section 15 (Limitation of Liability), Section 20 (Dispute Resolution), and Section 21 (Choice of Law and Forum) below). It also contains an Agreement to Arbitrate (see Section 20(A)), which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate in accordance with Section 20(D). Unless you opt-out: (A) you will only be permitted to pursue claims against Hi.Q on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
We reserve the right to, at any time, with or without cause:
Any changes we make will be effective immediately upon our making such changes available on the Applications or otherwise providing notice thereof. You agree that your continued use of the Applications after such changes constitutes your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
The contents of the Applications are for informational purposes only. The contents of the Applications are believed to be accurate, but are not guaranteed to be so. The Applications are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. Hi.Q does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Applications. Reliance on any information provided by Hi.Q, the Applications, Applications’ users, or other visitors to the Applications is solely at your own risk.
The services made available on, by, or through the Applications, which include or may include, without limitation, Hi.Q registration, message boards or activities (collectively, the “Services”), as well as any information provided on, by, or through the Applications or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references (collectively, the “Information”), are provided for personal use only. Without the written consent of Hi.Q, no Information or any other Hi.Q materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
Hi.Q permits you to view and print a reasonable number of copies of web pages located on the Applications for your personal use, but not for any for-profit or commercial purpose or for resale, provided that (a) you retain all trademark, copyright, and other proprietary notices contained in the original materials, (b) you provide attribution to Hi.Q, (c) the material is printed in its entirety without modification, reformatting, or adaptation of any kind, and (d) any such copies are subject to the terms and conditions of this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise Hi.Q promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of Hi.Q or others.
Access to certain functionalities of the Applications will require you to register with and/or provide certain information to Hi.Q. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to Hi.Q, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You agree to keep your account registration information up to date at all times. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Applications, Services, and/or Information.
Hi.Q welcomes and encourages your comments, ideas, and feedback, and you acknowledge and agree that we are free to use them without any restriction or compensation to you.
Hi.Q acknowledges and agrees that you, or your licensors as applicable, retain ownership of any and all copyrights in the Content, subject to the non-exclusive rights granted to Hi.Q in the paragraph above, and that no ownership of such copyrights is transferred to Hi.Q under these terms.
By posting or providing any Content on the Applications, you represent and warrant to Hi.Q that you own or have the right to use and permit us to use and license such Content in the manner stated in this Agreement.
You agree not to post or provide any Content that belongs to any person other than yourself, or that contains the name, voice, or likeness of any person other than yourself, or which is otherwise personally identifiable information of such person, unless you first obtain permission to do so, and to grant to us the rights granted in this agreement, from that person.
You further agree that we may use the posted or provided Content in any manner that we deem appropriate or necessary. We reserve the right to edit or abridge any Content for any reason, and to edit, refuse to post, or remove any Content submitted by you or others. We cannot and do not guarantee that we will post all Content submitted or that such content will not be offensive, defamatory, or objectionable. Although we reserve the right to remove without notice any Content for any reason, we have no obligation to delete Content that you personally may find objectionable or offensive. We do not control in real time the Content posted via the Services and as such do not guarantee the accuracy, integrity, or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations with respect to the accuracy, completeness, or timeliness of any Content posted on the Applications.
If your use of the Applications includes Hi.Q applications for mobile devices, you hereby consent to and grant us permission to access (but not store or transfer, unless separately authorized by you) photos on your mobile device (including metadata) in order to enable tagging (e.g., date, location) of your posted Content.
You agree that we may send you communications (via e-mail or through the Services) regarding your use of the Services and the Applications, and certain features or applications of the Services and the Applications you may be interested in. To the extent you have opted to receive communications, newsletters, or offers from us regarding third-party products and services, you hereby authorize Hi.Q to deliver such communications to you via e-mail or through the Services. You authorize that we may tailor the third-party products and services we offer you based on the content you submit to us.
You agree not to use the Information, Services, or the Applications to take any action or actions or to post any Content that:
Improper use of the Information, Services, and Applications may result in termination of your access to and use of the Applications, and/or civil or criminal liabilities.
The Applications are owned and operated by Hi.Q and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of Hi.Q and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Applications or any Service or Information without our prior written permission. The Information, Applications, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Hi.Q or, if so indicated in writing by Hi.Q, its licensors or suppliers. Use of the Applications or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Applications or any Services or Information.
The trademarks, logos, and service marks displayed on the Applications (collectively, the “Trademarks”) are the registered and unregistered trademarks of Hi.Q, Hi.Q licensors and suppliers, and/or others. Nothing contained in this Agreement or the Applications should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Hi.Q, Hi.Q’s licensors or suppliers, or the third-party owner of any such Trademark, except as set forth in the following paragraph.
You hereby affirm that you are over the age of 13, as the Applications are not intended for children under 13. If you are under 13 years of age, then you may not use the Applications. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Hi.Q also reviews claims of trademark infringement. If you believe in good faith that materials hosted by Hi.Q infringe your copyright or trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to have been infringed (or, if multiple copyrighted works or trademarks located on the Applications are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Hi.Q to locate the material on the Applications; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) 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 or trademark owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please be advised that Hi.Q will not respond to complaints that do not meet these requirements. If Hi.Q determines that the materials alleged to infringe your copyright or trademark rights do not require removal, Hi.Q will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the content that was removed; (c) a statement under penalty of perjury that you have a good-faith belief that the content was removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located; or, if your address is outside of the United States, for any judicial district in which Hi.Q may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical or electronic signature (for example, typing your full name).
Notices and counter-notices with respect to the Applications must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Agent to Receive Notices of Claimed Infringement
2513 Charleston St Suite 102
Mountain View, CA 94043
Phone: 1 (800) 549-1664
This Agreement is effective from the date on which you first access the Applications or submit any information to Hi.Q, whichever is earlier, and shall remain effective until terminated in accordance with its terms. Hi.Q may immediately terminate this Agreement, and/or your access to and use of the Applications, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Hi.Q may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use the Applications shall immediately cease, and you shall destroy all copies of information that you have obtained from the Applications, whether made under the terms of this Agreement or otherwise. Upon termination or expiration of this Agreement for any reason, Sections 1, 2, 5, 6, 7, 9, 10, 11 and 13–22 shall survive.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Applications, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Applications, or any part of portion thereof. Nothing in this Agreement shall be construed to obligate Hi.Q to maintain and support the Applications, or any part or portion thereof, during the term of this Agreement.
THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND APPLICATIONS ARE CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE APPLICATIONS, OR YOUR USE OF THE APPLICATIONS, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE APPLICATIONS, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE APPLICATIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE APPLICATIONS, EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATIONS AND/OR SERVICES AND INFORMATION, AND YOUR RELIANCE THEREON.
Hi.Q MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES ON THE APPLICATIONS, AND Hi.Q SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH SUCH OFFERS OR SALES.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER Hi.Q NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APPLICATIONS, INFORMATION, SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE APPLICATIONS, THE INFORMATION, SERVICES, OR ANY LINKED WEBSITE IS TO STOP USING THE APPLICATIONS, SERVICES, OR LINKED WEBSITE, AS APPLICABLE. NEITHER Hi.Q NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE APPLICATIONS BY THIRD PARTIES OR (2) YOUR PURCHASE OF ANY THIRD-PARTY PRODUCTS OR SERVICES THROUGH THE APPLICATIONS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to fully indemnify, defend, and hold Hi.Q, our licensors, suppliers, agents, successors, and assigns, and our and their directors, officers, employees, consultants, and other representatives (“Hi.Q Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement, including but not limited to the Acceptable Use Policy; (b) any allegation that any materials you submit to us or transmit to the Applications infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Applications or other websites to which the Applications are linked; and/or (d) your negligence or willful misconduct.
If you have a dispute with one or more other users of the Applications, you agree to release the Hi.Q Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, you expressly waive any protections (whether statutory or otherwise), including California Civil Code Section 1542, that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Hi.Q makes no representation that the Applications operate (or are legally permitted to operate) in all geographic areas, or that the Information, Applications, or Services are appropriate or available for use in other locations. Accessing the Applications from territories where the Applications or any content or functionality of the Applications or portion thereof are illegal is expressly prohibited. If you choose to access the Applications, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws. The Applications are operated from the United States. Hi.Q may transfer, process, or store your information with trusted affiliates, subsidiaries or contractors outside the U.S. in order to provide you with responsive, secure and accurate services. Your agreement to the terms of this Agreement followed by your submission of information in connection with the Applications represents your agreement to this practice. If you do not want your information transferred to or processed or stored in the United States, you should not use the Applications. Use of the Applications by users outside of the United States is at your own risk.
Under California Civil Code Section 1789.3, California Applications users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
A. Arbitration. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. All claims arising out of or relating to this Agreement and your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and of its supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Hi.Q will pay the additional cost.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
B. Class-Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
C. Exception—Litigation of Small-Claims-Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
D. Thirty-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: Hi.Q, Inc. 2513 Charleston St Suite 102, Mountain View, CA 94043. The notice must be sent within 30 days of registering to use the Applications; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Hi.Q also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Hi.Q may terminate your use of the Service.
The laws of the State of California apply to this Agreement and to your relationship with the Hi.Q Parties, without regard to conflict of laws principles, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Santa Clara County, California. You consent to the exclusive jurisdiction of the federal or state courts located in Santa Clara County, California.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter. This Agreement may not be changed, waived, or modified except by Hi.Q as provided herein or otherwise by written instrument signed by Hi.Q. Employees of Hi.Q are not authorized to modify the terms of this Agreement, either orally or in writing. If any employee of Hi.Q offers to modify this Agreement, he or she is not acting as an agent for Hi.Q or speaking on Hi.Q’s behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee of Hi.Q or anyone else purporting to act on Hi.Q’s behalf. This Agreement is between you and Hi.Q; there are no third-party beneficiaries. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegatable, or sublicensable by you except with Hi.Q’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. Hi.Q may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Except as explicitly stated otherwise, legal notices shall be served on Hi.Q’s national registered agent (in the case of Hi.Q) or to the e-mail address you have designated on your account (in your case). Notice to you shall be deemed given 24 hours after the e-mail is sent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
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Effective December 20, 2016