Last Modified: Apr 7, 2014
Ownership and Scope of Use
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.
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
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.
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
Waiver and Severability
Entire Agreement; No Third-Party Beneficiaries
HiPass Design Ltd.
Attn: Charles Anderson
4440 Arapahoe Ave, Suite 100
Boulder, CO 80303 USA