GENERAL TERMS
1. AGREEMENT
Thank you for selecting the Services offered by Hexter LLC (referred to as "Hexter," "we," "our," or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Hexter. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing, or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf, and the term “you” will refer to you, your company, or your client.
This Agreement describes the terms governing your use of the Hexter Services. It includes by reference:
Hexter's Privacy Policy
Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services, you agree that:
You can form a binding contract with Hexter;
You are not a person who is prohibited from receiving the Services under the laws of the United States, England, Wales, or any other applicable jurisdiction; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Hexter. Hexter reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Hexter grants you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party.
Reproduce, modify, copy, sell, trade, lease, rent or resell the Services.
Decompile, disassemble, or reverse engineer the Services.
Make the Services available on any file-sharing or application hosting service.
3. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply, unless Hexter notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in Euros, U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation VAT, GST, and SST), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information unless stated otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to Hexter;
A valid debit card acceptable to Hexter;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option Hexter provides to you in writing.
If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
Hexter will automatically renew your monthly, quarterly, or annual Services at the then-current rates unless the Services are canceled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet access, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees, as well as the terms of your agreement with your mobile device and telecommunications provider.
Hexter makes no warranties or representations of any kind, express, statutory, or implied as to:
The availability of telecommunication services from your provider and access to the Services at any time or from any location;
Any loss, damage, or security intrusion of the telecommunication services; and
Any disclosure of information to third parties or failure to transmit any data, communications, or settings connected with the Services.
5. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) Hexter is the controller of the personal information it processes about you when you use the Services, and (b) you acknowledge that Hexter will process your personal information as described in our Privacy Statement when you use our Services.
Section B
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services ("Content"), which will include, without limitation, any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Hexter a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. Hexter is not responsible for any of your Content that you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate, or objectionable information or communications of any kind, including, without limitation, conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal, or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
Except as permitted by Hexter in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication, or spamming or flooding;
Virus, Trojan horse, worm, or other disruptive or harmful software or data; and
Any Content that you do not own or have the right to use without permission from the intellectual property rights owners thereof.
6.2 Restricted Use of the Services. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of Hexter or could subject Hexter to liability to third parties, including:
(i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems, or networks;
(ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast, or denial of service attacks;
(iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting;
(iv) viewing or other use of any Content that, in Hexter's opinion, is prohibited under this Agreement;
(v) any other activity that places Hexter in the position of fostering or having potential or actual liability for illegal activity in any jurisdiction; or
(vi) attempting to probe, scan, penetrate, or test the vulnerability of a Hexter system or network or to breach Hexter's security or authentication measures, whether by passive or intrusive techniques. Hexter reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any of the restricted uses described above.
6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Hexter does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Hexter is not responsible.
6.4 Hexter may freely use feedback you provide. You agree that Hexter may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant Hexter a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty-free license to use the feedback you provide to Hexter in any way.
6.5 Hexter may monitor Content. Hexter may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, ensuring compliance with this Agreement, and complying with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Hexter or its customers, or operate the Services properly. Hexter, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be, unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.1 Hexter does not give professional advice. Unless specifically included with the Services, Hexter is not in the business of providing legal, financial, accounting, tax, healthcare, real estate, or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Hexter Services. You may be offered other services, products, or promotions by Hexter ("Hexter Services"). Additional terms and conditions and fees may apply. With some Hexter Services, you may upload or enter data from your account(s), such as names, addresses, and phone numbers, purchases, etc., to the Internet.
7.3 Communications. Hexter may be required by law to send you communications about the Services or Third-Party Products. You agree that Hexter may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Hexter if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third-party applications, or general updates to improve the Services. You agree to receive these updates.
7.5 Hexter is not responsible for third-party links. The Services may contain links to third-party websites or resources. You acknowledge and agree that Hexter is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hexter of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7.6 Hexter is not liable for any damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEXTER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL HEXTER BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
These are just some key provisions from the Hexter LLC Terms of Service. It is important to review the complete agreement before using the services.
8.1 Termination by you. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
8.2 Termination by Hexter. Hexter may terminate or suspend your access to all or part of the Services for any reason, including, but not limited to, a breach of this Agreement. Termination of your account may result in the forfeiture and destruction of all information associated with your account. Hexter reserves the right to refuse service to anyone for any reason at any time.
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