THE WEBSITE LOCATED AT HUNTRESSLABS.COM (THE “SITES”) IS A COPYRIGHTED WORK BELONGING TO HUNTRESS LABS INC. (“COMPANY”, “US”, “OUR”, AND “WE”). CERTAIN FEATURES OF THE SITES MAY BE SUBJECT TO ADDITIONAL GUIDELINES, TERMS, OR RULES, WHICH WILL BE POSTED ON THE SITES IN CONNECTION WITH SUCH FEATURES. ALL SUCH ADDITIONAL TERMS, GUIDELINES, AND RULES ARE INCORPORATED BY REFERENCE INTO THESE TERMS.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 8.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
ACCOUNT CREATION. IN ORDER TO USE CERTAIN FEATURES OF THE SITES, YOU MUST REGISTER FOR AN ACCOUNT (“ACCOUNT”) AND PROVIDE CERTAIN INFORMATION ABOUT YOURSELF AS PROMPTED BY THE ACCOUNT REGISTRATION FORM. YOU REPRESENT AND WARRANT THAT: (A) ALL REQUIRED REGISTRATION INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE; (B) YOU WILL MAINTAIN THE ACCURACY OF SUCH INFORMATION. YOU MAY DELETE YOUR ACCOUNT AT ANY TIME, FOR ANY REASON, BY FOLLOWING THE INSTRUCTIONS ON THE SITES. COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 7.
ACCOUNT RESPONSIBILITIES. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT LOGIN INFORMATION AND ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF ANY UNAUTHORIZED USE, OR SUSPECTED UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY. COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS.
LICENSE. SUBJECT TO THESE TERMS, COMPANY GRANTS YOU A NON-TRANSFERABLE, NON-EXCLUSIVE, REVOCABLE, LIMITED LICENSE TO USE AND ACCESS THE SITES SOLELY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE.
CERTAIN RESTRICTIONS. THE RIGHTS GRANTED TO YOU IN THESE TERMS ARE SUBJECT TO THE FOLLOWING RESTRICTIONS: (A) YOU SHALL NOT LICENSE, SELL, RENT, LEASE, TRANSFER, ASSIGN, DISTRIBUTE, HOST, OR OTHERWISE COMMERCIALLY EXPLOIT THE SITES, WHETHER IN WHOLE OR IN PART, OR ANY CONTENT DISPLAYED ON THE SITES; (B) YOU SHALL NOT MODIFY, MAKE DERIVATIVE WORKS OF, DISASSEMBLE, REVERSE COMPILE OR REVERSE ENGINEER ANY PART OF THE SITES; (C) YOU SHALL NOT ACCESS THE SITES IN ORDER TO BUILD A SIMILAR OR COMPETITIVE WEBSITE, PRODUCT, OR SERVICE; AND (D) EXCEPT AS EXPRESSLY STATED HEREIN, NO PART OF THE SITES MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS. UNLESS OTHERWISE INDICATED, ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION TO FUNCTIONALITY OF THE SITES SHALL BE SUBJECT TO THESE TERMS. ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES ON THE SITES (OR ON ANY CONTENT DISPLAYED ON THE SITES) MUST BE RETAINED ON ALL COPIES THEREOF.
MODIFICATION. COMPANY RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR DISCONTINUE THE SITES (IN WHOLE OR IN PART) WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SITES OR ANY PART THEREOF.
NO SUPPORT OR MAINTENANCE. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL HAVE NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT OR MAINTENANCE IN CONNECTION WITH THE SITES.
OWNERSHIP. YOU ACKNOWLEDGE THAT ALL THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, PATENTS, TRADE MARKS, AND TRADE SECRETS, IN THE SITES AND ITS CONTENT ARE OWNED BY COMPANY OR COMPANY’S SUPPLIERS. NEITHER THESE TERMS (NOR YOUR ACCESS TO THE SITES) TRANSFERS TO YOU OR ANY THIRD PARTY ANY RIGHTS, TITLE OR INTEREST IN OR TO SUCH INTELLECTUAL PROPERTY RIGHTS, EXCEPT FOR THE LIMITED ACCESS RIGHTS EXPRESSLY SET FORTH IN SECTION 2.1. COMPANY AND ITS SUPPLIERS RESERVE ALL RIGHTS NOT GRANTED IN THESE TERMS. THERE ARE NO IMPLIED LICENSES GRANTED UNDER THESE TERMS.
YOU AGREE TO INDEMNIFY AND HOLD COMPANY (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) HARMLESS, INCLUDING COSTS AND ATTORNEYS’ FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF THE SITES, (B) YOUR VIOLATION OF THESE TERMS OR (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. COMPANY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY. COMPANY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
THIRD-PARTY LINKS & ADS. THE SITES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES AND SERVICES, AND/OR DISPLAY ADVERTISEMENTS FOR THIRD PARTIES (COLLECTIVELY, “THIRD-PARTY LINKS & ADS”). SUCH THIRD-PARTY LINKS & ADS ARE NOT UNDER THE CONTROL OF COMPANY, AND COMPANY IS NOT RESPONSIBLE FOR ANY THIRD-PARTY LINKS & ADS. COMPANY PROVIDES ACCESS TO THESE THIRD-PARTY LINKS & ADS ONLY AS A CONVENIENCE TO YOU, AND DOES NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO THIRD-PARTY LINKS & ADS. YOU USE ALL THIRD-PARTY LINKS & ADS AT YOUR OWN RISK, AND SHOULD APPLY A SUITABLE LEVEL OF CAUTION AND DISCRETION IN DOING SO. WHEN YOU CLICK ON ANY OF THE THIRD-PARTY LINKS & ADS, THE APPLICABLE THIRD PARTY’S TERMS AND POLICIES APPLY, INCLUDING THE THIRD PARTY’S PRIVACY AND DATA GATHERING PRACTICES. YOU SHOULD MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION IN CONNECTION WITH SUCH THIRD-PARTY LINKS & ADS.
OTHER USERS. YOUR INTERACTIONS WITH OTHER SITES USERS ARE SOLELY BETWEEN YOU AND SUCH USERS. YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS THE RESULT OF ANY SUCH INTERACTIONS. IF THERE IS A DISPUTE BETWEEN YOU AND ANY SITES USER, WE ARE UNDER NO OBLIGATION TO BECOME INVOLVED.
RELEASE. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY (AND OUR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SITES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, OTHER SITES USERS OR ANY THIRD-PARTY LINKS & ADS). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
SUBJECT TO THIS SECTION, THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT WHILE YOU USE THE SITES. WE MAY SUSPEND OR TERMINATE YOUR RIGHTS TO USE THE SITES (INCLUDING YOUR ACCOUNT) AT ANY TIME FOR ANY REASON AT OUR SOLE DISCRETION, INCLUDING FOR ANY USE OF THE SITES IN VIOLATION OF THESE TERMS. UPON TERMINATION OF YOUR RIGHTS UNDER THESE TERMS, YOUR ACCOUNT AND RIGHT TO ACCESS AND USE THE SITES WILL TERMINATE IMMEDIATELY. COMPANY WILL NOT HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY TERMINATION OF YOUR RIGHTS UNDER THESE TERMS, INCLUDING FOR TERMINATION OF YOUR ACCOUNT. EVEN AFTER YOUR RIGHTS UNDER THESE TERMS ARE TERMINATED, THE FOLLOWING PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT: SECTIONS 2.2 THROUGH 2.5 AND SECTIONS 3 THROUGH 8.
CHANGES. THESE TERMS ARE SUBJECT TO OCCASIONAL REVISION, AND IF WE MAKE ANY SUBSTANTIAL CHANGES, WE MAY NOTIFY YOU BY SENDING YOU AN E-MAIL TO THE LAST E-MAIL ADDRESS YOU PROVIDED TO US (IF ANY), AND/OR BY PROMINENTLY POSTING NOTICE OF THE CHANGES ON OUR SITES. YOU ARE RESPONSIBLE FOR PROVIDING US WITH YOUR MOST CURRENT E-MAIL ADDRESS. IN THE EVENT THAT THE LAST E-MAIL ADDRESS THAT YOU HAVE PROVIDED US IS NOT VALID, OR FOR ANY REASON IS NOT CAPABLE OF DELIVERING TO YOU THE NOTICE DESCRIBED ABOVE, OUR DISPATCH OF THE E-MAIL CONTAINING SUCH NOTICE WILL NONETHELESS CONSTITUTE EFFECTIVE NOTICE OF THE CHANGES DESCRIBED IN THE NOTICE. ANY CHANGES TO THESE TERMS WILL BE EFFECTIVE UPON THE EARLIER OF THIRTY (30) CALENDAR DAYS FOLLOWING OUR DISPATCH OF AN E-MAIL NOTICE TO YOU (IF APPLICABLE) OR THIRTY (30) CALENDAR DAYS FOLLOWING OUR POSTING OF NOTICE OF THE CHANGES ON OUR SITES. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW USERS OF OUR SITES. CONTINUED USE OF OUR SITES FOLLOWING NOTICE OF SUCH CHANGES SHALL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES.
DISPUTE RESOLUTION. PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY. IT IS PART OF YOUR CONTRACT WITH COMPANY AND AFFECTS YOUR RIGHTS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
APPLICABILITY OF ARBITRATION AGREEMENT. ALL CLAIMS AND DISPUTES (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS SET FORTH BELOW) IN CONNECTION WITH THE TERMS OR THE USE OF ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY THAT CANNOT BE RESOLVED INFORMALLY OR IN SMALL CLAIMS COURT SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS UNDER THE TERMS OF THIS ARBITRATION AGREEMENT. UNLESS OTHERWISE AGREED TO, ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN ENGLISH. THIS ARBITRATION AGREEMENT APPLIES TO YOU AND THE COMPANY, AND TO ANY SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ALL AUTHORIZED OR UNAUTHORIZED USERS OR BENEFICIARIES OF SERVICES OR GOODS PROVIDED UNDER THE TERMS.
NOTICE REQUIREMENT AND INFORMAL DISPUTE RESOLUTION. BEFORE EITHER PARTY MAY SEEK ARBITRATION, THE PARTY MUST FIRST SEND TO THE OTHER PARTY A WRITTEN NOTICE OF DISPUTE (“NOTICE”) DESCRIBING THE NATURE AND BASIS OF THE CLAIM OR DISPUTE, AND THE REQUESTED RELIEF. A NOTICE TO THE COMPANY SHOULD BE SENT TO: 2214 ROCK HILL ROAD, SUITE 270, HERNDON, CALIFORNIA 20170-4228. AFTER THE NOTICE IS RECEIVED, YOU AND THE COMPANY MAY ATTEMPT TO RESOLVE THE CLAIM OR DISPUTE INFORMALLY. IF YOU AND THE COMPANY DO NOT RESOLVE THE CLAIM OR DISPUTE WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, EITHER PARTY MAY BEGIN AN ARBITRATION PROCEEDING. THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY ANY PARTY MAY NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR HAS DETERMINED THE AMOUNT OF THE AWARD, IF ANY, TO WHICH EITHER PARTY IS ENTITLED.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider ( “ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ( “Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Fairfax County, California, for such purpose
Export. The Sites may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Disclosures. Company is located at the address in Section 8.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Sites or send us emails, or whether Company posts notices on the Sites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright/Trademark Information. Copyright © 2016 Huntress Labs Inc. All rights reserved. All trademarks, logos and service marks ( “Marks”) displayed on the Sites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Huntress Labs Inc.
5520 Research Park Drive, Suite 100
Baltimore, MD 21228
Huntress Labs Inc. ("Huntress Labs") has created this Statement in order to inform and disclose its data collection and dissemination practices for the Huntress product. This Statement contains numerous details describing the steps we take to respect your privacy concerns.
Please read this document in its entirety. It provides important information that you should be familiar with before using Huntress Labs' software and services. We reserve the right to modify this Statement at any time. A current version can always be found at https://huntress.io/privacy.html.
By using Huntress, you help us identify new threats and provide better protection for all Huntress Labs customers. The information collected is used by Huntress Labs to enhance its security products and to further advance solutions against malicious software.
Data collection is integral to the Huntress solution. Do not use the Huntress product if you do not agree to provide the data required for Huntress to properly function.
Huntress Labs may be subject to the laws of several jurisdictions because its services may be used in different jurisdictions, including the United States of America. Huntress Labs shall disclose information without your permission when required by law, or in good-faith belief that such action is necessary to investigate or protect against harmful activities to Huntress Labs guests, visitors, associates, property or to others. As mentioned above, laws related to data and information processed by Huntress may vary by country.
Huntress Labs may be required by law enforcement or judicial authorities to provide some information to appropriate governmental authorities. If requested by law enforcement or judicial authorities, we shall provide this information upon receipt of the appropriate legal documentation. Huntress Labs may also provide information to law enforcement to protect its property and the health and safety of individuals as permitted by statute.
We may collect both personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"). PII is information that is either: (1) expressly provided by you, such as your name, or (2) information that can be used either alone or in combination with other information to personally identify you, such as your email address, phone number, and user name. Non-PII is all information that is not PII or is information that was PII but which we modify and/or aggregate with other data in order to make it Non-PII.
We use PII to shape our external communication and for messaging efforts. Other than the exceptions noted below, we do not share PII with third parties.
Our servers automatically record information about how a person ("User") uses our software or services ("Log Data"). Log Data may include a User's Internet Protocol (IP) address, browser type, operating system, web page that the User was visiting before accessing our server, search terms, and the pages or features of our software or services accessed by the User and the time spent there. We may share Log Data with web analytics service providers.
We may engage third-party service providers to administer and provide our services. We may provide PII to such third parties only for the purpose of performing services on our behalf. We require such third parties to agree not to disclose your PII or use your PII for any other purpose.
Information that we collect from Users, including PII, is considered a business asset. Accordingly, if we go out of business or enter bankruptcy, or if we are acquired, e.g., as a result of a transaction such as a merger, acquisition, or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
In order to identify new security threats and to quickly send notification of threats and suspicious applications, the User agrees that the Huntress software automatically provides the following information to us:
For additional examination the User agrees that the Huntress software automatically provides to us files (executable files and/or associated libraries, and scripts) for applications configured to start when the computer boots or when a user logs in that Huntress Labs has not catalogued. Additionally, the following information about the file will be collected:
In order to promptly respond to errors associated with installation, uninstallation, and updating of the product, and to record the number of users, the User agrees that the Huntress software automatically provides to us:
In order to increase the level of support and monitoring of the defined level of software protection, the User agrees that the Huntress software automatically provides to us the following information about the results of testing software operability after applying of updates:
To improve performance of Huntress Labs- products, the User agrees that the Huntress software automatically provides to us:
The User agrees that the Huntress software automatically provides to us the following information for all purposes mentioned above:
Huntress Labs is committed to protecting the security of the information it collects and processes. The information is stored on computer servers with limited and controlled access. Huntress Labs operates secure data networks protected by industry-standard firewall and password protection systems. Huntress Labs uses a wide range of security technologies and procedures to protect information from threats such as unauthorized access, use, or disclosure. Our security policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the data that we process. Huntress Labs takes steps to ensure that your information is treated securely and in accordance with this Statement. Unfortunately, no data transmission can be guaranteed secure. As a result, while we strive to protect your data, we cannot guarantee the security of any data you transmit to us or from our products or services, including without limitation Huntress Security Cloud, and you use all these services at your own risk.
We treat the data we process as confidential information; it is, accordingly, subject to our security procedures and corporate policies regarding protection and use of confidential information. All Huntress Labs employees are aware of our security policies. Your data is only accessible to those employees who need it in order to perform their jobs. Huntress Labs does not combine the data stored by the Huntress product with any data, contact lists, or subscription information that is processed by Huntress Labs for promotional or other purposes.
Huntress Labs collects and processes the data described above along with other information collected by the system in order to analyze and identify potential security risks, and to improve the ability of Huntress Labs- products to detect malicious software and other types of computer security threats to provide the best possible level of protection to Huntress Labs customers in the future.
Huntress Labs may share collected executable files and libraries with anti-malware and security industry partners. The files can be analyzed by automatic tools and security analysts to detect malicious code and to improve antivirus engines and other security solutions. Huntress Labs only provides the file--no other information about the file is provided.
In order to promote awareness, detection and prevention of Internet security risks, Huntress Labs may share certain information with research organizations and other security software vendors. Huntress Labs may also make use of statistics derived from the information processed to track and publish reports on security risk trends.
Huntress Labs believes in your right to privacy. If you have any questions or concerns, please contact Huntress Labs by email: firstname.lastname@example.org.
We reserve the right to send infrequent alert messages to users to inform them of specific changes that may impact their ability to use our services that they have previously signed up for. We also reserve the right to contact you if compelled to do so as part of a legal proceeding or if there has been a violation of any applicable licensing, warranty or purchase agreements.
Huntress Labs is retaining these rights because in limited cases we feel that we may need the right to contact you as a matter of law or regarding matters that may be important to you. These rights do not allow us to contact you to market new or existing services if you have asked us not to do so, and issuance of these types of communications is rare.