HG Data Website Terms of Use

This web site, together with the sub-sites that are accessible through it, (collectively, this “Site”) is published and maintained by HG Data Company (“HG Data”). When users access, browse or use this Site, they accept, without limitation or qualification, the terms of use set forth below. When users access the sub-sites that are accessible through this Site, they accept any additional terms of such sub-sites if they have their own terms of use. Please read them carefully. Information on this Site may contain technical inaccuracies or typographical errors. Information may be altered or updated at any time without notice.

Electronic Communications
Users consent to receive communications from HG Data electronically. HG Data will communicate with users by e-mail transmission or by posting to this Site. Users agree that all communications that HG Data provides to them electronically satisfy any legal requirement that such communications be in writing.

Use of Site
This Site is provided for users’ personal and non-commercial use only. All content included in this Site, including but not limited to any text, graphics, images, logos, button icons, data compilations, software, audio and video (collectively, “Materials”), is the property of HG Data or its content suppliers, and users may not distribute, exchange, modify, reproduce, perform, sell or transmit the Materials for any business, commercial or public purposes. The Materials are protected by applicable laws, including the USA and international copyright and trademark laws, and any unauthorized use of any Materials may violate copyright, trademark, and other applicable laws. Users may not frame or utilize framing techniques to enclose any portion of this Site or any Materials without express written consent of HG Data. Users are granted a revocable and nonexclusive right to create a hyperlink to this Site so long as the link does not portray HG Data, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. Users may not use any HG Data logo or other Materials as part of the link without express written consent of HG Data. If a user breaches any of these Terms, his/her authorization to use this Site automatically terminates and he/she must immediately destroy any downloaded or printed Materials therefrom.

Submission of Data by User
Other than personally identifiable information, which is covered under the HG Data Privacy Policy, any material, information or other communication users transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. HG Data will have no obligations with respect to the Communications. Users will grant HG Data and its designees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Users are prohibited from posting or transmitting to or from this Site an unlawful, threatening, libelous, defamatory, obscene, pornographic, invasive of privacy, infringing of intellectual property rights, or other material that would violate any law. HG Data reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Links to Other Web Sites
Links to other Internet sites are provided for users’ convenience only and the presence of such links does not mean that HG Data endorses, recommends or represents them in any way. HG Data does not control and is not responsible for any such sites or their content. HG Data disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any content of such sites.

Disclaimer of Warranties
The information, materials and services provided on or via this Site are provided “AS IS” without any warranties of any kind, expressed or implied, including but not limited to warranties of compliance with applicable laws, merchantability, fitness for a particular purpose, or non-infringement of third-party rights including intellectual property rights. HG Data does not warrant the accuracy or completeness of the materials or services on or via this Site. HG Data further does not warrant that this Site, its servers, or e-mail sent from HG Data are free of viruses or other harmful components.

Limitation of Liability
Under no circumstances shall HG Data be liable for any direct, indirect, incidental, consequential, punitive or special damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or errors or omissions in the contents or functions of this Site, even if HG Data or an authorized representative thereof has been advised of the possibility of such damages. If one’s use of the materials, information or services from this Site results in the need for servicing, repair or correction of equipment or data, the user assumes all costs thereof.

Applicable Laws
If users choose to access this Site from outside of the United States of America, they do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use will be governed by and construed in accordance with the laws of the USA, without giving effect to any principles of conflicts of laws.

INFORMATION COLLECTION AND USE:

HG Data is the sole owner of the information collected on this Site. HG Data will not sell, share, or rent this information to others in ways different from what is disclosed in this policy. HG Data reserves the right to share such information with its affiliates and subsidiaries without user permission. HG Data further reserves the right to disclose users’ personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to (a) conform to law or comply with legal process served on HG Data or the Site; and (b) protect and defend the rights or property of HG Data or its Site.

Users can access limited features of this Site without disclosing personal information. In order to access certain conveniences of this Site, users must first complete the registration form, which will provide the registrant with full access to the Site. During registration, a user will be asked to submit personal information, including name and at least one active email address. Information concerning the user’s computer hardware and software is automatically collected. This information may include the IP address, browser type, domain names, access times and referring website addresses. HG Data uses this information to maintain the quality of its service and to provide general statistics about Site visitors. HG Data may store and process information in the United States or any other country in which HG Data or its affiliates, subsidiaries or agents maintain facilities. By using HG Data’s Site, users consent to any such transfer of information outside of their country.

SECURITY:

This Site takes precautions to protect the users’ information. When users submit sensitive information via the website, their information is protected both online and off-line. During the registration process, when users are asked to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the quality encryption software that is used throughout the industry–SSL. While on a secure page, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked. While HG Data uses SSL encryption to protect sensitive information online, the company also protects user-information off-line. Access to users’ information is restricted. Only employees and consultants of HG Data or its affiliates, subsidiaries or agents who need the information to perform a specific job (for example, a billing clerk, a customer service representative, attorney or financial service provider) are granted access to personally identifiable information. Furthermore, all employees are kept up-to-date on our security and privacy practices. As new policies are added, HG Data employees are notified and/or reminded about the importance the company places on privacy. Users must keep their password confidential and must not share this information with anyone.

USE OF COOKIES:

This Site uses cookies to assist users by saving time when they next visit this Site. A cookie is a piece of data stored on the user’s hard drive containing information about the user. Cookies cannot be used to run programs or deliver viruses to a user’s computer. Once a user closes his/her browser, the cookie becomes dormant until the user’s next visit to the Site, at which time it assists the user. For instance, the cookie avoids the need for a user to log in a password with each visit, thereby saving time while on the Site. Users have the ability to accept or decline cookies. If a user rejects the cookie, he/she may still use the Site. The only drawback to this is that the user will be limited in some areas of the Site. Cookies can also enable HG Data to track and target the interests of users to enhance the experience on the Site.

LINKS:

This Site contains links to other sites. Please be aware that HG Data is not responsible for the privacy practices of such other sites. HG Data encourages users to be aware when they leave HG Data’s Site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.

CORRECTIONS AND UPDATES:

HG Data reserves the right to update this privacy policy. At such time, HG Data will also revise the “last updated” date at the end of this policy. For material changes to this policy, HG Data will notify users by placing a prominent notice on the Site. HG Data recommends that users periodically review this Privacy Policy. Users can access some of the information that HG Data collects and processes about the individual, such as personally identifiable information (name, email, password). Users will be able to access and update such personally identifiable information.

HG Focus Terms of Use

Terms of Use 
These Terms of Use (the “Terms” or “Agreement”) is a legal agreement between you (either an individual or entity) (“you” or “your”) and HG Data Company, (“Developer”, “us” or “our” ) that governs your use of the software Chrome extension named “Focus”, including any Updates thereto (collectively, “Extension”) that was created by Developer. Provided that you agree to, and comply with, these Terms, Developer grants you a limited license to use the Extension as provided below (see Section entitled “Ownership Rights and License”).  If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the Extension.

Acceptance of Terms 
The terms and conditions outlined in these Terms govern all matters related to your installation and use of the Extension and supersede all other agreements, representations, warranties and understandings with respect to the Extension.  By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement signed by you. If you are a representative of an entity, you warrant that you are an agent of the entity and that you are authorized to act on its behalf in an official capacity when accepting this Agreement.

PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE SEE THE SECTION ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” FOR MORE DETAILS.

Update and Modification of the Terms 
You agree that Developer is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Extension (each an “Update”). Developer reserves the right to change these Terms at any time by posting an updated version to reflect those changes and that will go into effect on the Effective Date indicated above. Changes may arise for a variety of reasons, including without limitation, Developer’s decision to provide an Update, changes in market conditions affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems. We will give you notice of the updated Terms by sending an email notice to you using the contact information you have provided us or by posting a notice on the Extension. You agree to keep the contact information you provide to us up-to-date and to periodically review these Terms from time to time to take notice of any changes we make, as they are binding on you. We may also require you to provide consent to the updated Agreement before further use of the Extension is permitted. Continued access or use of the Extension shall be deemed conclusive evidence of your acceptance of any modified Terms.  By installing an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version.  You may not install any Update unless you agree to the then-current version of the Terms.

Your Account 
If you use the Extension, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account or the right to use the Extension to any other person or entity. You acknowledge that Developer is not responsible for third party access to your account that results from theft or misappropriation of your account. Developer and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Developer does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Extension only with permission of a parent or guardian.

Ownership Rights and License 
As between you and Developer, the Extension and all content contained within the Extension is and shall remain the sole property of Developer and is subject to protection under U.S. and foreign copyright and other laws.  All trademarks, service marks and trade names displayed on the Extension are proprietary to Developer or its affiliates and/or third party licensors.

Developer hereby grants you a personal, revocable, limited, royalty-free, non-transferable license to use the Extension for the limited purpose of accessing and viewing certain data stored in Developer-owned databases.  This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the Extension (either in whole or in part). Any rights not expressly granted herein are reserved.

User Compliance with Laws 
You are solely responsible for the use of the Extension in compliance with applicable local, state, federal and international regulations, policies, statutes and other laws governing the use of the Extension.

Termination 
These Terms are effective until terminated by you or Developer.  Your rights under these Terms will terminate automatically without notice from Developer if you fail to comply with any term(s) of this license.  Upon any termination of these Terms, you shall cease all use of the Extension, and delete all copies, full or partial, of the Extension.

No Warranty 
You expressly acknowledge and agree that your use of the Extension is at your sole risk and that, to the maximum extent permitted by applicable law, the Extension and any content or information provided by the Extension, are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind, and developer hereby disclaims all warranties and conditions with respect to the Extension and any content or information provided by the Extension, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, TITLE and non-infringement of third party rights.

Developer does not warrant that (i) the Extension or any content provided by the Extension, will meet your requirements or will be accurate or complete; (ii) that the operation of the Extension will be uninterrupted or error-free; or (iii) that defects in the Extension will be corrected. No oral or written information or advice given by Developer or its authorized representatives shall create a warranty.

Limitation of Liability 
In no event shall Developer OR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR CONTRACTORS be liable for personal injury, or any incidental, special, punitive, exemplary, direct, indirect or consequential damages whatsoever, including, without limitation, property damage or injury to another person, damages for loss of profits, corruption or loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use of or inability to use the Extension, however caused, regardless of the theory of liability (INCLUDING contract, tort or otherwise) and even if Developer has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of limitation of personal injury, or of incidental or consequential damages, so this limitation may not apply to you.  In no event shall Developer’s OR ITS AFFILIATES’, AGENTS’ OR LICENSORS’ AND ALL OF THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ OR CONTRACTORS’ aggregate cumulative liability hereunder, whether in contract, tort (including, without limitation negligence), or otherwise exceed the greater of (i) the total amount fees paid BY YOU to Developer under this Agreement (IF ANY) or (ii) the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose AND form an essential basis of the agreement between the parties HERETO.

Indemnification 
You hereby agree to indemnify, defend, release, and hold harmless Developer, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) any breach of these Terms by you, and/or (c) your violation of any law or regulation or any violation of any rights of any third party.

Governing Law and Dispute Resolution 

The laws of the State of California (subject to the Federal Arbitration Act discussed below) will govern these Terms without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a)        Applicability of Arbitration Agreement. All claims, causes of action and disputes between us that cannot be resolved by us shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  This Arbitration Agreement applies to you and Developer and to any of our licensors and their subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.

(b)        Arbitration Rules.  The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If JAMS 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 this arbitration, including but not limited to the method of initiating and/or demanding arbitration, (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267.  Any hearing will be held in a location within one hundred and fifty (150) miles of your residence, and unless the parties agree otherwise.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c)        Authority of Arbitrator.  The arbitrator will decide the rights and liabilities, if any, of you and us, 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 Arbitration Rules, and these 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 us.

(d)        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 court and are subject to very limited review by a court.  In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND DEVELOPER WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Developer will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

(e)        Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR USER.  In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a state or Federal court serving Santa Barbara County, California.

(f)        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 Arbitration Agreement shall continue in full force and effect.

(g)        Survival. This Arbitration Agreement will survive the termination of your relationship with Developer.

(h)        Modification.  Notwithstanding any provision in these Terms to the contrary, we agree that if Developer makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to Developer.

(i)         Other Courts.  Notwithstanding the foregoing: (i) either you or Developer may bring an individual action in small claims court; and (ii) claims of infringement or misappropriation of Developer’s patent, copyright, trademark, or trade secret rights shall be exclusively brought in the state and federal courts serving Santa Barbara, California. 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 serving Santa Barbara, California for such purpose.

Miscellaneous 
Developer reserves the right, in its sole discretion, to terminate your access to the Extension and the related services or any portion thereof at any time, without notice.

This Agreement constitutes the entire agreement between you and Developer and supersedes all prior or contemporaneous understandings and agreements, oral or written, relating to the subject matter hereof.  A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. You may not assign these Terms without the prior written approval of Developer but Developer may assign these Terms without restriction.

If for any reason an arbitrator or court of competent jurisdiction finds any provision, or portion hereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Any obligation of a party or provision of this Agreement which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination.

Legal Compliance 
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Developer Name and Address 
Developer’s contact information for any questions, complaints or claims with respect to the Extension is: HG Data Company, 1 N. Calle Cesar Chavez, Suite 100, Santa Barbara, CA 93103, (805) 880-1100, email: info@hgdata.com.

Notice to California Users
This notice is for users of the Extension residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Privacy
Any information (including personally identifiable information) you submit to us when using the Extension is governed by the Developer’s Privacy Policy located at HG Data Privacy Policy, the terms of which are incorporated herein by reference.

HG Discovery Terms of Use

These Terms of Use (the “Terms” or “Agreement”) is a legal agreement between you (either an individual or entity) (“you” or “your”) and HG Data Company, (“HG Data”, “us” or “our” ) that governs your use of HG Data’s service named “HG Discovery”, including any Updates thereto (collectively, “Service”) that was created by HG Data. Provided that you agree to, and comply with, these Terms, HG Data grants you a limited license to use the Service as provided below (see Section entitled “Ownership Rights and License”). If you do not agree with or are not willing to comply with any portion of these Terms, do not use the Service.

Acceptance of Terms
The terms and conditions outlined in these Terms govern all matters related to your use of the Service and supersede all other agreements, representations, warranties and understandings with respect to the Service. By entering into these Terms electronically, you agree that these Terms have the same force and effect as an agreement signed by you. If you are a representative of an entity, you warrant that you are an agent of the entity and that you are authorized to act on its behalf in an official capacity when accepting this Agreement.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER. PLEASE SEE THE SECTION ENTITLED “GOVERNING LAW AND DISPUTE RESOLUTION” FOR MORE DETAILS.

Update and Modification of the Terms
You agree that HG Data is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Service (each an “Update”). HG Data reserves the right to change these Terms at any time by posting an updated version to reflect those changes and that will go into effect on the Effective Date (as updated) indicated above. Changes may arise for a variety of reasons, including without limitation, HG Data’s decision to provide an Update, changes affecting our business, technology or our business model, relevant laws and regulatory requirements, and our systems. We will give you notice of the updated Terms by sending an email notice to you using the contact information you have provided us or by posting a notice on the Service. You agree to keep the contact information you provide to us up-to-date and to periodically review these Terms from time to time to take notice of any changes we make, as they are binding on you. We may also require you to provide consent to the updated Agreement before further use of the Service is permitted. Continued access or use of the Service shall be deemed conclusive evidence of your acceptance of any modified Terms. By using an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. You may not use (or, if applicable, install) any Update unless you agree to the then-current version of the Terms.

Your Account
If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account or the right to use the Service to any other person or entity. You acknowledge that HG Data is not responsible for third party access to your account that results from theft or misappropriation of your account. HG Data reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
HG Data does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Service only with permission of a parent or guardian.

Ownership Rights and License
As between you and HG Data, the Service and all content contained within the Service (except as noted below regarding your rights in Your Content (as defined below) is and shall remain the sole property of HG Data and is subject to protection under U.S. and foreign copyright and other laws. All trademarks, service marks and trade names displayed on the Service are proprietary to HG Data or its affiliates and/or third party licensors.
HG Data hereby grants you a personal, revocable, limited, royalty-free, non-transferable license to use the Service for the limited purpose of accessing and viewing certain data stored in HG Data-owned databases. This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the Service (either in whole or in part). Any rights not expressly granted by HG Data herein are reserved.
If, when using the Service, you submit any content to HG Data (“Your Content”), you hereby grant HG Data a non-exclusive, royalty-free, worldwide right and license, with rights to sublicense, to modify, make derivative works of and otherwise use Your Content for the purpose for which it was submitted. You represent and warrant that you have all necessary rights to grant the rights to HG Data granted herein, including without limitation, all necessary consents from any individuals or entities whose content appears in Your Content (if any). You agree that Your Content will not violate, infringe or misappropriate the rights of any third parties, including any intellectual and proprietary rights, such as copyright, trade secret or trademark rights.

User Compliance with Laws
You are solely responsible for the use of the Service in compliance with applicable local, state, federal and international regulations, policies, statutes and other laws governing the use of the Service.

Termination
These Terms are effective until terminated by you or HG Data. Your rights under these Terms will terminate automatically without notice from HG Data if you fail to comply with any term(s) of this Agreement. Upon any termination of these Terms, you shall cease all use of the Service, and delete all copies, full or partial, of any content or information provided to you by HG Data in connection with the Service.

No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED BY HG DATA IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND HG DATA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANY CONTENT OR INFORMATION PROVIDED BY HG DATA, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

HG DATA DOES NOT WARRANT THAT (I) THE SERVICE OR ANY CONTENT PROVIDED BY HG DATA WILL MEET YOUR REQUIREMENTS OR WILL BE ACCURATE OR COMPLETE; (II) THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HG DATA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

Limitation of Liability
IN NO EVENT SHALL HG DATA OR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR CONTRACTORS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE OR INJURY TO ANOTHER PERSON, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT OR OTHERWISE) AND EVEN IF HG DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HG DATA’S OR ITS AFFILIATES’, AGENTS’ OR LICENSORS’ AND ALL OF THEIR RESPECTIVE OFFICERS’, DIRECTORS’, SHAREHOLDERS’, EMPLOYEES’ OR CONTRACTORS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (I) THE TOTAL AMOUNT FEES PAID BY YOU TO HG DATA UNDER THIS AGREEMENT (IF ANY) OR (II) THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO.

Indemnification
You hereby agree to indemnify, defend, release, and hold harmless HG Data, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) any breach of these Terms by you, and/or (c) your violation of any law or regulation or any violation of any rights of any third party.

Governing Law and Dispute Resolution
The laws of the State of California (subject to the Federal Arbitration Act discussed below) will govern these Terms without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement. All claims, causes of action and disputes between us that cannot be resolved by us shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and HG Data and to any of our licensors and their subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS 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 this arbitration, including but not limited to the method of initiating and/or demanding arbitration (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 800-352-5267. Any hearing will be held in a location within one hundred and fifty (150) miles of your residence, and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and us, 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 Arbitration Rules, and these 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 us.

(d) 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 court and are subject to very limited review by a court. Except where prohibited by law, in the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award, YOU AND HG DATA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, HG Data will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS; ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE INDIVIDUAL OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER INDIVIDUAL OR ENTITY. In the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a state or Federal court serving Santa Barbara County, California.

(f) 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 Arbitration Agreement shall continue in full force and effect.

(g) Survival. This Arbitration Agreement will survive the termination of your relationship with HG Data.

(h) Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if HG Data makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) of which you had already provided notice to HG Data.

(i) Other Courts. Notwithstanding the foregoing: (i) either you or HG Data may bring an individual action in small claims court; (ii) claims of infringement or misappropriation of HG Data’s patent, copyright, trademark, or trade secret rights shall be exclusively brought in the state and federal courts serving Santa Barbara, California; AND (iii) you and HG Data retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Arbitration Agreement, nor a waiver of the right to have disputes submitted to arbitration. 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 serving Santa Barbara, California for such purpose.

Miscellaneous
HG Data reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice.
This Agreement constitutes the entire agreement between you and HG Data and supersedes all prior or contemporaneous understandings and agreements, oral or written, relating to the subject matter hereof. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. You may not assign these Terms without the prior written approval of HG Data but HG Data may assign these Terms without restriction.

If for any reason an arbitrator or court of competent jurisdiction finds any provision, or portion hereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

Any obligation of a party or provision of this Agreement which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination.

Legal Compliance
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

HG Data Name and Address
HG Data’s contact information for any questions, complaints or claims with respect to the Service is: HG Data Company, 1 N. Calle Cesar Chavez, Suite 100, Santa Barbara, CA 93103, (805) 880-1100, email: info@HGDATA.com.

Notice to California Users
This notice is for users of the Service residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Privacy
Any information (including personally identifiable information) you submit to us when using the Service is governed by the HG Data’s Privacy Policy located at , https://www.hgdata.com/privacy-policy the terms of which are incorporated herein by reference.
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