HATHMORE TECHNOLOGIES, LLC SERVICE AND WEBSITE TERMS OF USE
The information contained below pertains to the “Terms of Use” for Hathmore Technologies, LLC (HTLLC) Websites and Services. This includes this website, https://hathmore.com, https://remcheck.com, https://remcollect.com and https://virtualevents3d.com/ (individually and collectively: Website)
Virtual Events 3D provides consulting and services in support of events, tradeshows, conferences, meetings, etc. that are held virtually across the Internet. (Service)
Thank you for selecting the Website(s) and Service(s) offered by Hathmore Technologies, LLC (HTLLC) and/or its subsidiaries and affiliates (referred to as “HTLLC,” “we,” “our,” or “us”). Review these license terms (“Agreement”) thoroughly. This Agreement is a legal agreement between you and HTLLC. By clicking “I Agree,” indicating acceptance electronically, or by using the Website or Service, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Service.
Terms of Use
Last updated on October 26, 2020
GENERAL TERMS
AGREEMENT
This Agreement describes the terms governing your use of the Service and/or Website, including Content, updates and new releases.
1. YOUR PERSONAL INFORMATION. You can view HTLLC’s Privacy Statement here: https://hathmore.com/privacy-policy/. You agree to the applicable HTLLC Privacy Statement, and any changes published by HTLLC . You agree that HTLLC may use and maintain your data according to the HTLLC Privacy Statement. This means that HTLLC may use your data to improve the website or to design promotions and to develop new products or services.
2. CONTENT AND USE OF THE WEBSITE
1.1 Responsibility for Content and Use of the Website. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored or otherwise made available through the Services (“Content”), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant HTLLC a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. HTLLC is not responsible for any of your Content that you submit through the Services.
You agree not to use the website, nor permit any third party to use, the Website to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
a. Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
b. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
c. Except as permitted by HTLLC in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or spamming or flooding;
d. Virus, Trojan horse, worm or other disruptive or harmful software or data; and
e. Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
1.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Website or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of HTLLC or our software tool(s), could subject HTLLC to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Software or third party accounts, data, computers, systems or networks; (ii) interference with others’ use of the Software or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in HTLLC ’s opinion, is prohibited under this Agreement; (v) any other activity that places HTLLC in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of any HTLLC system or network or to breach HTLLC’s security or authentication measures, whether by passive or intrusive techniques. HTLLC reserves the right to not authorize and may terminate your use of the Software based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
1.3 Community forums. The Website may include a community forum or other social features to exchange Content and information with other users of the Software and the public. HTLLC does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which HTLLC is not responsible.
1.4 HTLLC may freely use feedback you provide. You agree that HTLLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website, other products or services, advertising or marketing materials. You grant HTLLC a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to HTLLC in any way.
1.5 HTLLC may monitor your Content. HTLLC may, but has no obligation to, monitor access to or use of the Content through the Website or to review or edit any Content for the purpose of the Software, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect HTLLC or its customers, or operate the Software properly. HTLLC , in its sole discretion, may refuse to post, remove, or disable Content, in whole or in part, that is alleged to be or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
2. ADDITIONAL TERMS
2.1 HTLLC does not give professional advice. Unless specifically included with the Software, HTLLC is not in the business of providing legal, financial, accounting, tax, energy efficiency, safety, code compliance, program compliance, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
2.2 We may tell you about other HTLLC and HTLLC Affiliate Services. You may be offered other services, products, or promotions by HTLLC or by companies affiliated with HTLLC (“HTLLC Services”). Additional terms and conditions and fees may apply. With some HTLLC Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant HTLLC permission to use information about your business and experience to help us to provide the HTLLC Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Software.
2.3 Communications. HTLLC may be required by law to send you communications about the Website or third party products. You agree that HTLLC may send these communications to you via email or by posting them on our websites.
2.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Website and to contact HTLLC If you become aware of any unauthorized access to your account. The Website may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Website. You agree to receive these updates.
3. DISCLAIMER OF WARRANTIES
3.1 YOUR USE OF THE WEBSITE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTLLC, ITS AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE WEBSITE. HTLLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
3.2 HTLLC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY PROGRAMS OR LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
4. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF HTLLC, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, HTLLC, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET HTLLC SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF HTLLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF HTLLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE.
You agree to indemnify and hold HTLLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Website or breach of this Agreement (collectively referred to as “Claims”). HTLLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by HTLLC in the defense of any Claims.
5. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time, and the modifications will be effective when posted through the Service or on our website or when we notify you by other means. We may also change or discontinue the Service, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Service and Website indicates your agreement to the modifications.
6. TERMINATION. HTLLC may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend your access to the Service and/or Website related or other Services, effective immediately, in whole or in part, if we determine that your use of the Service and/or Website violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Service or Website and comply with applicable HTLLC policy, if you no longer agree to receive electronic communications, or if your use of the Service or Website conflicts with HTLLC ’s interests or those of another user of the Software. Upon HTLLC’s notice that your use of the Service or Website has been terminated you must immediately stop using the Service or Website and any outstanding payments will become due. Any termination of this Agreement shall not affect HTLLC’s rights to any payments due to it. HTLLC may terminate a free account at any time. All sections will survive and remain in effect even if the Agreement is terminated.
7. GOVERNING LAW. Missouri state law governs this Agreement without regard to its conflicts of laws provisions.
8. DISPUTES. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICE OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Missouri law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND HTLLC ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to HTLLC, in care of our Compliance Officer at 11601 Orchard Road, Kansas City, MO 64134. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Jackson County, Missouri or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 13 shall survive expiration, termination or rescission of this Agreement.
14. GENERAL. This Agreement is the entire agreement between you and HTLLC regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer this Agreement to anyone without written approval of HTLLC . However, HTLLC may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by HTLLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact HTLLC via an email to: transfer_license@hathmore.com.