Hyperlink Disclaimer: The Halcyon Tech, Inc. Website may contain hyperlinks to other Internet sites not under the editorial control of Halcyon Tech, Inc. These hyperlinks are not express or implied endorsements or approvals by Halcyon Tech, Inc., of any products, services, or information available from these sites.
Informational Content Disclaimer:
THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. HALCYON TECH, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). HALCYON TECH, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2. Collection and Use of Personal Information. Halcyon Tech may collect Personal Information when you use certain services on the Halcyon Tech Website or when you visit cookie-enabled web pages. Halcyon Tech may also log your IP address when you use the Halcyon Tech Website. Halcyon Tech uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Halcyon Tech Website. Halcyon Tech may also use “cookie” files to better serve your needs by creating a customized site which fits your needs.
3. Sharing and Disclosure of Personal Information. Halcyon Tech will not sell or rent your Personal Information to any individual, business, or government entity. Halcyon Tech will share your Personal Information with other entities should you request Halcyon Tech to share such information, or if Halcyon Tech is required to respond to court orders, subpoenas or other legal process.
4. Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
5. Amendments. Halcyon Tech reserves the right to amend this policy at any time. Halcyon Tech will contact registered users by e-mail, and shall also post a notice of changes on its site, when and if the terms of this policy are amended.
6. Contact. You may contact Halcyon Tech directly by e-mailing email@example.com should you have any questions regarding this policy.
2. Online Services and Disclaimer of Warranty. The Halcyon Tech Website provides online resources including, but not limited to, online information regarding Halcyon Tech’s products and services. The Website TOU does not include Halcyon Tech’s products or services, the terms and conditions of these products and services are governed under separate agreements. Any new services, resources or informational content added to the Website shall fall under the terms of this TOU Agreement. The online resources, informational content, and software on this Website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Halcyon Tech assumes no responsibility for any data loss or other loss suffered by any User of this Website. User is fully responsible for maintaining its computer equipment and Internet access to use the Halcyon Tech website.
3. Registration. To access portions of the Halcyon Tech Website or certain resources, you may be asked to provide certain registration details or other information. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify Halcyon Tech of any unauthorized use of your user name or password or any other breach of security. Halcyon Tech has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of Halcyon Tech’s TOU.
4. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Halcyon Tech Website, or privately transmitted through the Halcyon Tech Website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Halcyon Tech Website Halcyon Tech does not and cannot control the informational content Users transmit through the Halcyon Tech Website. Under no circumstances shall Halcyon Tech be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Halcyon Tech be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct. User agrees to not access or use the Halcyon Tech Website in any manner:
(d) To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you;
(b) any data, information or communications on any network or system not owned by you, without authorization;
(c) any system or network user accounts or passwords of other users, without authorization; or (d) e-mail addresses, screen names or other identifiers without the consent of the person identified(including, without limitation, phishing, password robbery, spidering and harvesting).
(e) That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Halcyon Tech or a Halcyon Tech employee; (b) any attempt to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
(f) To use, transmit or introduce: (a)information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health(HITECH) Act; or (b) non‑public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers except as necessary and in connection with a transaction.
(g) For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of Halcyon Tech, including, but not limited to: (a)promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and(b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
(h) To monitor or copy materials on theWebsite for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
(i) That may have a detrimental effect on theWebsite’s function, user interaction or security, including but not limited to:(i) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information;(ii) attempting to intercept, redirect or otherwise interfere with communications intended for others; (iii) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (iv) modifying, blocking or otherwise interfering with the display of the Website; (v) interfering with another user’s ability to access, use and enjoy the Website; (vi) accessing another user’s registration information or user account without that user’s express written permission;(vii) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (viii) performing, without Halcyon Tech’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website; and (i) engaging in any activities that results in any server being the target of a denial of service attack.
Halcyon Tech does not pre-screen uploaded, posted, or transmitted content, but Halcyon Tech reserves the right to inspect, edit and delete any content that Halcyon Tech knows, or has reason to know, has violated this TOU Agreement. Halcyon Tech reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOU Agreement. Halcyon Tech may disclose any informational content Users post, upload, or transmit to the Halcyon TechWebsite, if such disclosure is necessary to enforce this TOU Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Halcyon Tech, the public, or other Users.
7. Content submitted by Users. Halcyon Tech does not claim ownership of any informational content submitted by Users to the Halcyon Tech Website. User grants Halcyon Tech an non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Halcyon Tech Website. This license exists only so long as User allows its content to remain on the Halcyon Tech Website and will terminate in the event that User removes such content.
8. Indemnity. You agree to indemnify and hold Halcyon Tech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
9. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Halcyon Tech Website.
10. Limits and modifications. Halcyon Tech may establish without notice limits on the use of its Website, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the Halcyon Tech Website. Halcyon Tech reserves the right to modify any and all portions of the Halcyon Tech Website without notice. Under no circumstances shall Halcyon Tech be liable to User or any other party for such limits or modifications.
11. Termination of User account. Halcyon Tech may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Halcyon Tech be liable to User or any other party for such termination of User’s account.
13. Hyperlink Policy. The Halcyon Tech Website may contain hyperlinks to other Internet sites not under the editorial control of Halcyon Tech. These hyperlinks are not express or implied endorsements or approvals by Halcyon Tech, of any products, services or information available from these sites.
14. Halcyon Tech’s intellectual property rights. The Website in its entirety is owned by Halcyon Tech or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Halcyon Tech. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website contrent without Halcyon Tech’s express written consent or except as expressly provided in these TOU. No rights are granted to you with respect to any content, including User content other than the limited, personal, non-exclusive license to reproduce content as necessary to display the content on a machine that you use to interact with the Website.
15. No warranties. AS BETWEEN YOU AND HALCYON TECH, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED TO YOU BY HALCYON TECH ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HALCYON TECH NOR ANY PERSON ASSOCIATED WITH HALCYON TECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HALCYON TECH NOR ANYONE ASSOCIATED WITH HALCYON TECH REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY PRODUCTS, SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
16. Limitation of liability. EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL HALCYON TECH, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR SUBMISSION OF USER CONTENT, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF HALCYON TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS HALCYON TECH AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS AGAINST ANY CLAIM, LOSS, DAMAGE, SETTLEMENT, COST, EXPENSE OR OTHER LIABILITY (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR RELATED TO ANY USER CONTENT YOU SUBMIT.
17. Notice. Notices may be posted to the Website or e-mailed to Users using the e-mail address Users submitted during the registration process.