Terms of Use
Welcome to the Hook-Me-Up Software
Site (the “Site”). These Terms of Use govern your use of
the Site and its contents. The terms “Hook-Me-Up Software,”
“we,” “us” and “our” refer to
Hook-Me-Up Software, LLC, a Connecticut limited liability company.
BY
USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE Hook-Me-Up
Software PRIVACY STATEMENT, THE Hook-Me-Up Software COPYRIGHT POLICY,
AND THE Hook-Me-Up Software COMMUNITY GUIDELINES AND YOU AGREE TO
RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF
YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
- Registration
You
must register on this Site in order to use certain of the Site
functions, such as our chat room. If you just want to browse this
Site, registration is optional, but your use of the Site will at all
times be subject to these Terms of Use.
During
registration, you will be required to provide contact information,
consisting of an email address, username and password. You can select
any username as you like, except that your username cannot be an
impersonation of another person, a term that is the same or
confusingly similar to a famous trademark, or a term that is
offensive in any way. You may, but are not obligated to, use your own
name. If you do use your own name, you consent to it being passed to
others by use of certain of the functions of Hook-Me-Up Software and
the Site such as our chat rooms. Hook-Me-Up Software reserves the
right to reject or remove any username.
For certain of our functions, such as the purchase of
products and services, you are required to provide your name, address
and billing and credit card information. You are required to provide
accurate and complete information. By providing such information,
you are representing to us that you have authorization to use such
credit card.
- Age of Users
Children under the age of 13 may not use this Service
and parents or legal guardians may not agree to these Terms of Use on
their behalf. If we become aware that a child under 13 has provided
or attempted to provide us with personal information, we will use our
best efforts to remove the information permanently from our files.
If
you are under the age of 18 but at least 13 years of age, you may use
this Site only under the supervision of a parent or legal guardian
who agrees to be bound by these Terms of Use. If you are a parent or
legal guardian agreeing to these Terms of Use for the benefit of a
child between the ages of 13 and 18, be advised that you are fully
responsible for his or her use of this Site, including all financial
charges and legal liability that he or she may incur.
- Non-Commercial Use
This Site and its contents are for your own personal
non-commercial use only.
- Additional Terms and
Conditions for Software; EULAs
When
you register for or purchase the Site’s services and download
and/or install and use Hook-Me-Up Software’s downloadable
software, you will be required to agree to one or more End-User
License Agreements (or “EULAs”) which may include
additional terms. You will be bound by any EULA that you agree to.
- Hook-Me-Up Software Privacy
Statement
Your use of this Site signifies your continuing consent
to the Hook-Me-Up Software Privacy Statement, which you can examine
any time by clicking on the “Privacy” link on the Site.
Personal
information that you supply to Hook-Me-Up Software, and any
information about your use of Hook-Me-Up Software that we obtain will
be subject to the Hook-Me-Up Software Privacy Statement on this Site.
- Changes to Hook-Me-Up
Software
We may discontinue or change any Hook-Me-Up Software
content, service, function or feature at any time with or without
notice.
- Proper Use of This Site
When you use our chat rooms or other social and
communications functions, you agree at all times to comply with the
Hook-Me-Up Software Community Guidelines, which you may access with
the Community Guidelines link on the Site. You may use Hook-Me-Up
Software for lawful purposes only and may use the Site only in ways
consistent with the law.
You
may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on the Site. You may not take any action, which imposes an
unreasonable or disproportionately large load on our infrastructure.
Without intending to limit the remedies available to Hook-Me-Up
Software, you acknowledge and agree that a breach of this section is
likely to result in material and irreparable injury to Hook-Me-Up
Software for which there is no adequate remedy at law, and that it
may not be possible to measure damages for such injuries with
reasonable certainty. In the event of such a breach or threat
thereof, Hook-Me-Up Software shall be entitled to obtain a temporary
restraining order and/or a preliminary injunction restraining you
from engaging in activities prohibited by this section. Hook-Me-Up
Software shall be entitled to reimbursement for reasonable attorney’s
fees incurred by it in the enforcement of this section. You hereby
waive any requirement that Hook-Me-Up Software obtain a bond or any
similar device in connection with any injunctive relief Hook-Me-Up
Software may be entitled to seek under this section.
- Proprietary Rights
Hook-Me-Up
Software and its suppliers reserve all rights under intellectual
property law in Hook-Me-Up Software and in any content that is on the
Site.
Except as Hook-Me-Up Software may expressly state in
writing, you may not reproduce, reprint, publish, or otherwise
exploit content or technology from Hook-Me-Up Software or its
suppliers on the Site without our express prior written consent.
We
may change the Terms of Use at any time. You can review the most
current version of the Terms of Use by clicking on the Site’s
“Terms of Use” link. If you continue to use this Site
after we make changes to the Terms of Use, you are signifying your
acceptance of the new terms. You are responsible for checking these
terms periodically for any changes.
You
agree that we may provide to you notices and other information
concerning Hook-Me-Up Software or this Site electronically, including
notice to any email address that you may provide.
- Content That You Supply
Hook-Me-Up
Software may allow you to supply content for the Site or its
functions that can be accessed and viewed by others. You
agree that any communications or material of any kind that you email,
post, upload, download or otherwise transmit through this Site,
including data, information, feedback, questions, comments,
suggestions and/or submissions (collectively “Communications”)
will be treated as non-confidential and non-proprietary. You
agree not to post any content that violates these terms, any
applicable EULA or the Community Guidelines. Content that violates
applicable rules may be removed.
By
sending, transmitting or submitting any Communications through this
Website, you grant us and our affiliate
companies the perpetual, royalty-free, unrestricted, worldwide,
irrevocable and fully sublicensable right and license to use, copy,
display, perform, distribute, modify, adapt, abridge, exploit, and
promote the Communications in whole or in part in any way and in any
commercial or non-commercial medium or form and/or
to incorporate such Communications into other works in any form,
media or technology (now known or later developed) with no further
liability or obligation to you. The Company is free to use any
ideas, concepts, know-how or techniques contained in your
Communications for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing products or websites
incorporating such ideas, concepts, or techniques. You represent and
warrant that the Communications are original to you and that you have
all necessary rights to submit, send or otherwise make available the
Communications and grant all rights granted above. You also hereby
waive any moral rights you have in the Communications. We shall have
no obligations of any kind with respect to any Communications.
- No Duty to Monitor
You agree that we are not liable for content that is
provided by others. We have no duty to screen content that you may
supply or post, but we have the right to refuse to post or to edit
submitted content. We reserve the right to remove any content for any
reason at any time.
- Third Party Sites and
Advertisers
Hook-Me-Up
Software may include on its Site links to third party web sites. You
agree that we are not responsible or liable for any content or other
materials on third party sites. You also agree that we are not
responsible for content or claims supplied by our advertisers. We are
also not responsible for any transactions or dealings between you and
any third party or any advertiser. You agree that Hook-Me-Up Software
is not responsible for any claim or loss due to a third party site or
any advertiser.
We provide this Site and its contents “AS IS.”
We and our suppliers make no express warranties or guarantees about
this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS
DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS
OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY,
FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT
GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS,
IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION.
Because some states do not permit disclaimer of implied warranties,
you may have additional consumer rights under your local laws.
- Limitation of Liability
You may not assert claims for money damages arising from
this Site or its contents. We and our suppliers shall not be liable
for any indirect, special, incidental, consequential or exemplary
damages, even if we knew or should have known of the possibility of
such damages. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability,
and the liability of our company and suppliers, shall be limited to
the extent permitted by law.
- Indemnification
You agree to defend, indemnify, and hold harmless us and
our parent and other affiliated companies, and our respective
employees, contractors, officers, directors, and agents from all
liabilities, claims, and expenses, including attorney’s fees,
that arise from your use or misuse of this Site. We reserve the
right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in
which event you will cooperate with us in asserting any available
defenses.
- International Use
We make no representation that content on this Site is
appropriate or available for use in locations outside the United
States. If you choose to access this Site from a location outside the
US, you do so on your own initiative and you are responsible for
compliance with local laws.
- Choice of Law and Location
for Resolving Disputes
You
agree that the laws of the State of Connecticut and United States law
govern these terms of use, its subject matter, your use of the Site,
and any claim or dispute that you may have against us, without regard
to its conflict of laws rules, and that the United Nations Convention
on Contracts for the International Sale of Goods shall have no
applicability.
You
further agree that any disputes or claims that you may have against
us will be resolved by a state or federal court located in Fairfield
County, Connecticut, and you agree and submit to the exclusive
personal jurisdiction of such courts for the purpose of litigating
any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE:
(1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON
THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY
CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE
OR FEDERAL COURTS IN THE STATE OF Connecticut OVER ANY DISPUTES OR
CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH
DISPUTES OR CLAIMS.
- Binding Arbitration
You agree that
any disputes or claims that you may have against us will be (except
as stated below) finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be final
and binding on the other. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”) and, where appropriate,
the AAA’s Supplementary Procedures for Consumer Related
Disputes (“AAA Consumer Rules”), both of which are
available that the AAA web site www.adr.org.
The determination of whether a dispute is subject to arbitration
shall be governed by the Federal Arbitration Act and determined by a
court rather than an arbitrator. Your arbitration fees and your share
of arbitrator compensation shall be governed by the AAA Rules and,
where appropriate, limited by the AAA Consumer Rules. If such costs
are determined by the arbitrator to be excessive, Hook-Me-Up Software
will pay all arbitration fees and expenses. The arbitration may be
conducted in person, through the submission of documents, by phone or
online. The arbitrator will make a decision in writing, and will
provide a statement of reasons if requested by a party. Except as
otherwise provided in this Agreement, you and Hook-Me-Up Software may
litigate in court to compel arbitration, stay proceeding pending
arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS
PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE
RIGHT TO A JURY TRIAL.
- Severability and Integration
This
contract and any supplemental terms, policies, rules and guidelines
posted on this Site constitute the entire agreement between you and
us and supersede all previous written or oral agreements. If any part
of the Terms of Use is held invalid or unenforceable, that portion
shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and
effect.
- Termination
We reserve the right to terminate your use of this Site
if you violate the Terms of Use or any rules or guidelines posted on
the Site or for any other reason in our discretion.
- Claims of Copyright
Infringement
If you believe that your work has been copied and is
accessible on this Site in a way that constitutes copyright
infringement, please follow the instructions on how to contact us to
report possible copyright infringement. See the Copyright link on our
home page.
Revision
Date: May 8, 2010
Copyright
© 2010 Hook-Me-Up Software LLC. All Rights Reserved.