TERMS OF USE

The following Terms of Use (this “Agreement”) govern your use of the website located at www.hastenip.com, which includes services and content (collectively, the “Website”). The Website is owned and operated by HastenIP, LLC. This Agreement is between HastenIP, LLC (“we”, “us” or “our”) and you concerning your use of the Website. Our Website is designed to provide information and services related to our core businesses. Words or phrases in quotation marks and bold are used with the same meaning throughout the Agreement. Please read this document carefully.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING THIS WEBSITE OR USING ANY SERVICES ON THE WEBSITE.  BY ACCESSING (INCLUDING USING) THE WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE OF THIS AGREEMENT AND BY THE HastenIP, LLC PRIVACY POLICY, INCORPORATED IN ITS ENTIRETY BY REFERENCE HEREIN.  ADDITIONALLY, BY AGREEING TO THIS AGREEMENT, YOU REPRESENT THAT YOU ARE OF THE AGE OF MAJORITY IN THE COUNTRY IN WHICH YOU RESIDE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.

 

1. Additional Terms and Conditions.

In addition to the terms set forth in this Agreement, any other terms and conditions that we make available through HastenIP, LLC or otherwise make available to you, apply to your use of the Website and are incorporated into and made part of this Agreement. These additional terms include (but are not limited to) the following:

• any description located on the Website;
• third party copyright and other notices located on the Website;
• HastenIP copyright and trademark notices located on the Website;
• Any consent or authorization you sign in connection with our services; and
• our Privacy Policy located on the Website (“Privacy Policy”).

2. Changes to Terms of Use.

HastenIP, LLC reserve the right to update, change, or modify the terms of this Agreement, at any time, without prior notice, and at its sole discretion, by posting such update, change or modification on the Website. Any such updates, changes, or modifications to the terms of this Agreement will be effective immediately upon posting on the Website. Your continued use of the Website and/or any services offered on the Website after the posting of any such updates, changes, or modifications constitutes your acceptance of such updates, changes, or modifications.

If you have any questions or concerns about this Agreement, please contact us at info@hastenip.com.

3. Acceptable Use.

You agree to use the Website only for lawful purposes and in a manner consistent with this Agreement and all applicable local, state or provincial, national or federal, and international laws and regulations. You are prohibited from using the Website or its content:

• to engage in any unlawful or fraudulent activity;
• to violate any applicable national or federal, state or provincial, local, or international laws or regulations;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to impersonate any person or entity;
• to submit false or misleading information;
• to interfere with the proper operation of the Website.
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation the Website, or the Internet;
• to spam, phish, pharm, pretext, spider, crawl, or scrape; or
• for any obscene or immoral purpose.

This list of prohibitions provides examples and is not complete or exclusive.  HastenIP, LLC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.  When legally required or at our discretion, HastenIP, LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity.

YOU WAIVE AND HOLD HARMLESS HastenIP, LLC AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

4. Intellectual Property.

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is owned by or licensed to HastenIP, LLC and is protected by copyright, trademark, patent, and other intellectual property laws. You may not copy, distribute, modify, reproduce, transmit, or use any content from the Website without our prior written consent.

5. Equitable Relief.

Any violation of a party’s intellectual or industrial property rights will cause the non-violating party irreparable harm for which monetary damages are an inadequate remedy, and the non-violating party is entitled to temporary, preliminary and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required.

6. Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to HastenIP, LLC, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Website, the Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary.  You hereby assign all right, title, and interest in, and HastenIP, LLC is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  You understand and agree that HastenIP, LLC is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

7. Children’s Privacy.

The Website is intended for adults only and is not directed to individuals under the age of eighteen (18). We do not intentionally or knowingly collect personal information from children. If you are a parent or legal guardian and believe that your child has provided us with personal information, please contact us at privacy@hastenip.com, and we will take steps to delete such information promptly.

8. Third-Party Links.

The Website may contain links to other websites owned or operated by non-affiliated third parties. HastenIP, LLC is not responsible for the content provided by or privacy practices of these other websites. When you visit such websites – even if you get there by clicking on links provided on this Website – this Agreement no longer applies. HastenIP, LLC is not responsible for your access to and use of such linked websites, including the use of your personal information by such linked websites.  We have no control over the contents of such linked websites and accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.

9. Disclaimer of Warranties.

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, AND NON-INFRINGEMENT. HastenIP, LLC DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU USE THE WEBSITE AT YOUR OWN RISK. HastenIP, LLC PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEBSITE OR THE SERVICES PROVIDED ON THE WEBSITE.

10. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HastenIP, LLC, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, CONSULTANTS, INTERNS, OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, UNFORESEEABLE, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING BUSINESS INTERRUPTION, WHETHER THE CLAIM OR DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING FROM YOUR ACCESS OR USE OF OUR WEBSITE, ITS CONTENT AND/OR SERVICES. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, IN SUCH JURISDICTIONS, THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND THIS AGREEMENT WILL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH APPLICABLE LAW.

11. Indemnification.

Except to the extent prohibited under applicable law, you agree to indemnify, defend and hold harmless HastenIP, LLC, our affiliates, licensors, and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) any information you submit or transmit through our Website, (2) your use or access of the Website and services, (3) your violation of this Agreement, or (4) your violation of any rights of a third-party. In connection with the foregoing, HastenIP, LLC will provide you with written notice of such third-party claim(s), and you shall cooperate as reasonably required in the defense of any claim.  If you assume defense of the claim, you will select legal counsel which is reasonably acceptable to HastenIP, LLC and not settle or otherwise resolve the claim without HastenIP, LLC’s prior written consent.  HastenIP, LLC may in its sole discretion choose to participate in the defense at its own cost with its own counsel.  Any failure to perform any obligations under this Section 11 will not relieve a party of its obligations under this Section 11.

12. Governing Law and Jurisdiction.

Except to the extent prohibited by applicable law, the terms of this Agreement are governed by and construed in accordance with the laws of the State of California, without regard to choice or conflict of law provisions and regardless of your location. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California for resolution of any disputes arising out of or relating to this Agreement or your use of the Website.

13. Severability.

In the event that a court holds any provision of this Agreement to be void, invalid or unenforceable, such provision will be modified to the fullest extent permitted by applicable law, and the other provisions of this Agreement will remain in full force and effect and enforceable according to their terms.

14. Waiver.

If HastenIP, LLC does not exercise or enforce any right or provision under this Agreement, it does not constitute a waiver of such right or provision.

15. Geographic Restrictions.

The owner of this Website is based in the state of California in the United States.  HastenIP, LLC makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you use this Website outside the United States, you are solely responsible for compliance with following applicable local laws.

16. Section Titles.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

17. Complete Agreement.

This Agreement constitutes the entire agreement between you and HastenIP, LLC with regard to your use of the Website. Any and all other written or oral agreements or understandings previously existing between you and HastenIP, LLC with respect to your use of the Website are hereby superseded and canceled. HastenIP, LLC will not accept any counter offers to this Agreement, and all such offers are hereby categorically rejected. This Agreement may only be modified as described in Section 2, titled “Changes to Terms of Use“.

18. Website Use Requirements.

The Website is accessible through the internet by any smart phone or other smart device (each, a “Smart Device”) or computer, in each case with a compatible browser. You are responsible for each computer or Smart Device you use to access the Website, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software.

19. California Consumer Notice.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by HastenIP, LLC. If you have a question or complaint regarding the Website, please contact HastenIP, LLC at info@hastenip.com.  You may also contact us by sending a letter to:  HastenIP, LLC, P.O. Box 230077, Encinitas, CA 92023. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834 or by telephone at (800) 952-5210 or Hearing Impaired at (800)-735-2929.

Contact

If you have any questions about this Agreement, please contact us by e-mail at: info@hastenip.com.

 

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.