Welcome to the Terms of Use for the hithr mobile application (the “App”) and www.hithr.com (the “Site”). As used herein, the words “User,” “you” and “your” mean users of the Site and the App, and the words “we,” “our,” and “hithr” mean Hithr, Inc., a Delaware corporation and the owner and operator of the Site and the App.
PLEASE READ THIS DOCUMENT CAREFULLY – it states the Terms of Use under which you may access, interact with, and otherwise use the App and the Site and the services provided through the App and the Site (the “Services”). These Terms of Use constitute a binding legal agreement (the “Agreement”) between you and hithr.
By using the App, the Site or the Services you agree to be legally bound by the terms and conditions set forth in this Agreement. If you don’t accept the terms stated here, don’t use the App, the Site or the Services. This Agreement is subject to change and may be modified at any time, and any such modification will be effective immediately upon posting of the modified agreement on the Site or the App.
Your right to use the App, the Site and the Services will terminate immediately, without any further action by hithr, if you breach any terms of this Agreement. hithr may terminate your use of the App, the Site and the Services at any time, with or without reason.
By accessing the Site or the App, you represent, acknowledge and agree that you are at least 18 years of age. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold us harmless if said minor breaches or disaffirms any term or condition of this Agreement.
You may browse the Site and the App, and you may download material displayed on the Site or the App, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site or the App for public or commercial purposes. These limitations apply to all material on the Site and the App, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of hithr and/or its users. Unless otherwise noted, all material on the Site and the App is copyrighted. You may not deep-link to the Site or the App for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Site or the App.
Disclosure and use of information obtained from Users and third parties is subject to hithr’s Privacy Policy.
From time to time, we may make available to you links to other parties’ websites. Those third party services and websites are not governed by these Terms of Use or our Privacy Policy but may be governed by other terms of use and privacy policies. Any website you may access through the Site or the App is independent, and hithr has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. Your access to and use of such linked websites are at your own risk.
Some parts of the Services may be, now or in the future, supported by sponsored links from advertisers and/or special offers. These may be custom matched to you based on your information stored in the Services, queries made through the Services, or other information obtained in connection with your access or use of the Site, the App or the Services. We may, and you authorize us to, provide your information to third party service providers in accordance with our Privacy Policy. The publication on the Site or the App of any third-party services, products or offers does not constitute or imply an endorsement or recommendation by hithr or an assurance of legality, quality or safety by hithr. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party. We cannot guarantee, and assume no responsibility for verifying, the truthfulness or accuracy of the information provided by others, including other users of the Site, the App or the Services. hithr will not be responsible for any offer, sale, purchase or other transaction made, content posted, or other communications made by anyone posting information or offering services on the site or the App. Any contacts you make with another person or entity, or decisions you make based on advice from any such person or entity are strictly on your own. You must do your own due diligence and use your best judgment.
You agree that we may contact you at any time (24x7x365) by e-mail, text message, in-app notification, push notification or any other means of written communication that you have provided to usyou or text. If any email address or mobile number you provide us changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts.
You agree to receive online and mobile alerts that hithr or its service providers may provide from time to time, including automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your account on thea Service. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated, or reactivated by you. These alerts allow you to choose alert messages for your accounts. hithr may add new alerts from time to time, or cease to provide certain alerts at any time upon our sole discretion.
By providing your mobile number, you agree that hithr may send you periodic SMS or MMS messages containing but not limited to important information, updates, deals, and specials.
To the extent we permit posting by Users, the ideas, suggestions, opinions, comments and observations made by Users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided by Users (all of which are referred to as “User Content”) are not endorsed by hithr, and we make no guarantee regarding the reliability, accuracy or quality of any User Content that is posted on the Site or the App. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness or usefulness of such User Content. All User Content posted to the website is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content will be to such individual.
Any User Content that you post on the Site or the App or send to us will be deemed non-confidential. By submitting User Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to us or posting it on the Site or the App, you expressly grant hithr an irrevocable and unrestricted license to publicly display, use, reproduce, modify, create derivative works from, distribute and sublicense the User Content in any form.
We encourage you to be careful about the information that you share with other users of the Site and the App, particularly your location. This information is provided by you to other users at your own risk.
We are not obligated to screen communications or postings in advance and are not responsible for screening or monitoring the Site or the App or their posted content. However, you acknowledge and agree that we have the right to monitor the Site and the App from time to time in our sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site and the App properly, or to protect hithr or its users.
If we are notified of communications or content that allegedly do not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of the content or termination of use of the Site, the App or the Services. We have no liability or responsibility to users for performance or nonperformance of such activities. If you view content or receive communications allegedly inconsistent with this Agreement, you may send an e-mail to support@hithr.com" stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by hithr in its sole discretion. All decisions made by hithr are final and do not imply or impose on hithr any responsibility or liability for the form, intent, or accuracy of the original, or any future, posted content by or communications between anyone.
You agree that hithr has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by hithr.
The following rules of conduct apply to your use of the Site and the App and to any and all User Content you post on the Site or the App, whether in groups, private messages, emails, profiles, comments or any other portion or feature of the Site or the App.
You may not use the Site, the App or the Services in any manner, or post, transmit, display, publish or distribute any content that, in hithr determination: (1) violates these Terms of Use; (2) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others; (3) violates the privacy or publicity or other personal rights of others; (4) is fraudulent, deceptive, libelous, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, sexually explicit or parody image or text; (5) is vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive; (6) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (7) contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines; or (8) solicits personal information from anyone under 18 or otherwise harms minors in any way.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the App or the Services(or any part thereof) with or without notice, and will not be liable to you or to any third party for any such modification, suspension or discontinuance.
The Site and the App and their contents (including text, graphics, images and other materials), and the hypertext markup language (HTML), scripts, active server pages (ASP), or other content or software used in the Site or the App (collectively, the “Material”), are protected by copyright under United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. You may view and download a single copy of content on the Site or the App solely for lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by hithr. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
hithr, the hithr logo and other marks are tradenames and trademarks of hithr. You may not use hithr’s tradenames or trademarks in connection with any product or service that is not offered by hithr, in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits hithr. Other trademarks, product names and company names or logos used on the Site or the App are the property of their respective owners.
Except as specifically authorized in advance by hithr, users may not deep-link to the Site or the App for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Site or the App.
It is hithr’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for the Site and the App: support@hithr.com".
To be effective, the notification must be a written communication that includes the following:
EVERYTHING ON THE SITE AND THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HITHR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR CONTENT ON THE SITE AND THE APP, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS ON THE SITE OR THE APP.
In no event will hithr, its affiliates, agents, suppliers, partners and their respective officers, directors, employees, contractors and agents (in each case, a “Released Party”) be liable for any damages whatsoever (including without limitation, direct, indirect, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Site, the App or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not such Released Party is advised of the possibility of such damages. Such damages include, but are not limited to, damages suffered from using the Site or the App’s location-sharing features, for which the user accepts all related risks. In no event will any Released Party be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Site, the App or the Services or the information contained therein. In no event will the aggregate liability to you for all claims directly or indirectly arising from the use of the Site, the App or the Services exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
As a material inducement to provide you with use of the Site, the App and the Services, you hereby indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Site or the App with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this Agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this Agreement.
This Agreement is governed by the internal substantive laws of the State of Colorado, without regard to its conflict of law principles. Jurisdiction for any claims arising under this Agreement will lie exclusively with the state or federal courts in and for Denver, Colorado. If you access the Site or the App from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
If you have any questions or concerns about these Terms of Use, you can contact us by mail at Hithr, Inc., Attention: Data Protection Officer, 1942 Broadway Street, STE 314C, Boulder, CO 80302, United States or by email at support@hithr.com.