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Terms of Use

Last Modified: Apr 7, 2014

PLEASE READ THESE TERMS OF USE CAREFULLY.

The following terms and conditions (collectively, the “Terms of Use”) apply to your use of www.samialert.com and any other websites and mobile applications owned or controlled by HiPass Design LLC (“HiPass,” “we” or “us”).  We refer to these websites, individually or together, as the “Site” for short.  By accessing the Site in any manner (whether automated or otherwise), you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not agree to these Terms of Use or the Privacy Policy, immediately cease all use of the Site.

HiPass may, at any time, revise or modify these Terms of Use or impose new conditions for use of the Site.  Such changes, revisions, or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Site or by email.  Any use of the Site by you after such notice shall constitute your acceptance of such changes, revisions, or modifications.

PRIVACY POLICY AND ADDITIONAL TERMS

All information we collect on the Site is subject to our Privacy Policy.  By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.  Your use of certain products and/or software you purchase or license from us (such as SAMi™), may be subject to additional terms and conditions.  If you do not agree to be bound by such additional terms and conditions, you should not use such products or software or otherwise indicate your acceptance of such additional terms and conditions.

OWNERSHIP AND SCOPE OF USE

The Site and the content available on or through the Site are protected by copyright, trademark, and other applicable United States and international laws.  Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of HiPass and its licensors.  Nothing contained in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to such trademarks, service marks, or logos.

HiPass grants you a limited license to access and use the Site for your own personal, non-commercial use solely in accordance with these Terms of Use.  Notwithstanding the foregoing, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any content available on the Site (including, without limitation, text, design, graphics, icons, images, audio clips, downloads, interfaces, code, and software) unless explicitly authorized by HiPass.  However, from time to time you may download and/or print one copy of certain items available for free on the Site for your own personal, non-commercial use; provided that you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content.

RULES OF CONDUCT

By using the Site, you represent that you are at least eighteen (18) years old or the age of majority in your jurisdiction.  You agree to comply with all applicable laws and contractual obligations when you use the Site, and agree not to:

  • “harvest” (or collect) information from the Site using an automated software tool or manually on a mass basis, including, but not limited to, information about our offerings, products, services, and promotions;
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
  • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems; or
  • restrict or inhibit other users from using or enjoying the Site.

ELECTRONIC COMMUNICATIONS

The communications between you and HiPass via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email.  For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CHANGES TO THE SITE

HiPass reserves the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site.  You agree that we will not be liable to you or to any third party for any such change, suspension or discontinuance.

SUSPENSION OR TERMINATION OF ACCESS

HiPass has the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, at any time and for any reason, including if you violate these Terms of Use.  In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

LINKING POLICIES

The Site may contain links to other websites operated by third parties. Such links are provided for your convenience only, and if you access any other websites linked to the Site you do so at your own risk.  We are not responsible for the content of any such websites, or the products and services sold on them, nor are we responsible or liable for any loss or damage that may arise from your use of such websites.  When you visit a linked website you should read the terms of use and privacy policy that govern that particular website.  Links to other websites do not imply our endorsement of any content, advertising, products, services, or other materials on or available through such websites.

Unless otherwise set forth in a written agreement between you and HiPass, you must adhere to the following linking policy:  (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with HiPass or its trademarks, service marks, or logos; (ii) the link must “point” to the root domain name of the Site and not to other pages within the Site; (iii) the appearance, position, and other attributes of the link may not create the false appearance that your website or organization is sponsored by, affiliated with, or associated with HiPass; and (iv) when selected by a user, the link must open the Site in a new browser window which displays the full-screen version of the Site, not within a “frame” on the linking website.  HiPass reserves the right to revoke its consent to the link to the Site at any time and in its sole discretion.[A1] 

DISCLAIMER OF WARRANTIES

THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND HIPASS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.  NEITHER HIPASS NOR ANY PERSON ASSOCIATED WITH HIPASS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT.  WITHOUT LIMITING THE FOREGOING, NEITHER HIPASS NOR ANYONE ASSOCIATED WITH HIPASS REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

LIMITATION OF LIABILITY

IN NO EVENT WILL HIPASS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.  USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN SUCH STATES, THE LIABILITY OF HIPASS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

INDEMNIFICATION

You agree to indemnify, defend, and hold HiPass and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site or your violation of these Terms of Use or applicable law.  We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, in which event you agree to cooperate with us in defending such action.  Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms of Use.

GEOGRAPHIC RESTRICTIONS

HiPass is based in the state of Colorado in the United States.  We do not represent that the Site or its content, or any products or services available on or through the Site, are accessible or appropriate in other locations.  If you access the Site from other locations, you do so on your own initiative and are responsible for compliance with applicable local laws.

GOVERNING LAW; JURISDICTION AND VENUE

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site shall be instituted exclusively in the state courts located in the Boulder County, Colorado or, if such courts would not have jurisdiction over the matter, then only in the United States District Court for the District of Colorado.  You further agree that such courts shall have in persona jurisdiction and venue with respect to you, and you hereby submit to the in person jurisdiction and venue of such courts and waives any objection.  You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. 

WAIVER AND SEVERABILITY

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT; NO THIRD-PARTY BENEFICIARIES

 These Terms of Use, together with our Privacy Policy and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of the Site, constitute the sole and entire agreement between you and HiPass with respect to the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.  These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or HiPass.

CONTACT US

If you have any questions about the Site or these Terms of Use, you may email us at info@samialert.com or write to us at:

HiPass Design Ltd.
Attn: Charles Anderson
4440 Arapahoe Ave, Suite 100
Boulder, CO 80303 USA