Effective date: 03 November, 2020
These Terms do not apply if you have (or if you are accessing or using the Website on behalf of a person who has) entered into a separate written agreement with HRC or its affiliates governing the access and use of the Services.
- User Guidelines. You agree not to use the Website in any way that violates any laws or regulations, infringes on the rights of any third party, or interferes with any others person’s use of the Website. Further, you agree not to gain or attempt to gain unauthorized access to the Website, and you shall not use another person’s login credentials to access the Website.
You agree not to (i) use the Website to process, store or transmit (x) infringing, libelous, or otherwise unlawful or tortious material, (y) any material in violation of third-party privacy rights, or (z) unsolicited marketing emails, (ii) use the Website to transmit advertisements, viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs, (iii) interfere with or disrupt the integrity or performance of the Website, and (iv) to reverse engineer, copy, reproduce, duplicate, sell, or resell any part of the Website.
If We, in Our sole discretion, determine that your use of the Website violates these Terms, We have the right to prohibit your use of the Website and take any and all appropriate legal actions. You agree that by using the Website, you are at least 18 years of age and you are legally able to enter into a contract.
- Intellectual Property Rights. All right, title and interest in and to the Website, including, but not limited to, each Service and its associated design, software, documentation, processes, algorithms, user interfaces, modifications, improvements, upgrades, derivative works and all other intellectual property rights embodied therein (the “HRC Technology”), are owned by HRC. We reserve all rights in the HRC Technology not expressly granted in these Terms. If you provide feedback or suggestions about the Website or any other HRC Technology, then We (and those We allow to use the HRC Technology) may freely use and exploit such feedback and suggestions without any obligation to you.
- No Warranties; Disclaimers. This Website is provided for your use “as-is” and you agree that your use of this Website is at your sole risk. all warranties, representations, indemnities and guaranteeS with respect to this Website and ANY services hereunder, whether express or implied, arising by law, custom, prior oral or written statements, by Us or Our authorized representatives or otherwise (including, without limitation, the implied warranties of non-infringement, merchantability and fitness for a particular purpose) are hereby overridden and disclaimed.
- Indemnification. You agree to indemnify, release, and hold HRC harmless from any and all claims, liabilities, harm, damage, personal injury, cost or expense arising out of your use of the WEBSITE IN BREACH OF THESE TERMS.
- Limitation of Liability. You agree that NEITHER HRC nor any of its affiliates are liable for any indirect, special, punitive, exemplary, incidental or consequential damages, whether foreseeable or unforeseeable, arising out of or related to your use of this Website or any of Our services (including, without limitation, costs of delay, interruption in use or availability of data, loss of or unauthorized access to data or information, goodwill, profits, and lost profits). IN NO EVENT WILL HRC OR ANY OF ITS AFFILIATES BE LIABLE TO YOU IN EXCESS OF US$1,000 (one THOUSAND U.S. DOLLARS) FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
- Choice of law/Jurisdiction. These Terms are governed by the laws of the State of Texas (without regard to conflicts of law principles) for any dispute between you and HRC or relating in any way to the subject matter of these Terms. Any suit or legal proceeding shall be exclusively brought in the federal or state courts for Harris County, Texas, and you hereby irrevocably submit to such personal jurisdiction and venue. Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any claim, suit, action or proceeding relating to these Terms. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.
- Changes to Terms. These Terms may be modified and updated by Us from time to time, with or without notice to you, and any such modifications will be effective immediately when posted. You agree to be bound by any changes to these Terms when you use the Website after any such modification or update. If you do not agree with any changes to the Terms made by Us, your sole and exclusive recourse is to stop using the Website at any time.
- Termination. We reserve the right to terminate these Terms and/or your access to this Website at any time without notice to you. Additionally, We may modify, change, or discontinue any part or feature of Our Website at any time. Further, if We determine that you have violated these Terms or have otherwise used this Website in a manner We deem unacceptable in Our sole discretion, We will immediately terminate your access to this Website and/or your account.