The Site is owned and operated by HDBaseT Alliance (“We” “Us” or “Our”) in furtherance of the HDBaseT technology and for the benefit of the HDBaseT Alliance and its Members. By accessing or using the Site, you accept this Agreement and any modifications that we may make to this Agreement from time to time. We may update this Agreement at any time. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Site, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and HDBaseT Alliance regarding the Website.
If you do not agree to any provision of this Agreement, you should not use the Site.
- The Site
This Site is intended solely for Users who are eighteen (18) years of age or older and any registration, use or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement. We may terminate your account, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it suspects that you are under 18. We have the right, in our sole discretion, to suspend or terminate your use of our Site and refuse any and all current or future use of all or any portion of our Site.
- Use of Site
You are granted permission to use the Site as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Site in any medium; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.You will need to register with the Site and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. To create an account you must provide your name, username, password, email, territory and industry.You may not use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Us immediately of any breach of security or unauthorized use of your account.You may control your Member account through account settings. By providing your email address you consent to our giving the HDBaseT alliance the right to use the email address to send you HDBaseT-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Site and special offers. If you do not want to receive or continue to receive such email messages, you may opt out at any time by changing the preferences in your account settings. However, opting out may prevent you from receiving email messages regarding updates, improvements, or offers.You agree not to use or launch any automated system, including without limitation, robots, spiders, offline readers, etc., that accesses the Site in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect, mine or reproduce any personal identifiable information, including account names, from the Site nor to use the communication systems provided by the Site for any commercial solicitation purposes.We may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability, if, in Our sole determination, you violate any of the Agreement terms, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Site; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Site; or, (vi) bypassing the measures we may use to prevent or restrict access to the Site, including, but not limited to registering for the Site. Upon termination for any reason, you continue to be bound by this Agreement.
- Your Information
You are entirely responsible for all of your Public Information that you upload, post, email, transmit or otherwise make available via our Site. We do not control your Public Information or the Public Information of or posted by other users and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other users. Neither We nor the HDBaseT Alliance endorse any opinions expressed by you or other users on or through the Site. We do not control the information provided by other users; You understand that by using our Site, you may be exposed to information that you may find to be offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will We or any of our directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Information of or posted by other users, or for any loss or damage of any kind incurred as a result of the use of Your Information or Information of or posted by other users posted, emailed, transmitted or otherwise made available in connection with our Site, or for any failure to correct or remove information.Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate removal, repeal and/or suspension or termination of your Member account:
- The use of our Site to (including, without limitation, eligibility requirements):(i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Site; (ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device; (iii) disguise the origin of any Public Information that is transmitted to any third party; (iv) “stalk” or otherwise harass another; (v) advertise merchandise, auctions, services or commercial websites, including offers to trade or charitable solicitations unrelated to the topic or spirit of the Site; (vi) resell Public Information or access to Public Information; or (vii) collect or store personal data about other users;
- Posting any Public Information or other material: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information about another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech; (ii) that is obscene, pornographic or adult in nature; (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy; (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); (vi) that is inappropriate, posted in bad faith, or contrary to the spirit of the Site; (vii) that uses the Site primarily as a lead generator or listing service for another website;
- Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation; orWhile we prohibit such conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content that you use on the Site, rely on, comment or otherwise is available on the Site in relation to HDBaseT Alliances’ activities, at your own risk.For purposes of this Agreement, “posting” includes uploading, posting, emailing, transmitting or otherwise making available. Without limiting the foregoing, HDBaseT Alliance and its designees shall have the right to remove any Public Information or other material that violates this Agreement, or is otherwise objectionable.
- Consent to Disclosure
You acknowledge and agree that We may disclose Your Information (as defined in Section 4) if required to do so by law, applicable regulatory authority or in the good faith belief that such disclosure is reasonably necessary to:(a) comply with a current judicial proceeding, a court order or legal process served on us or our Site, (b) enforce this Agreement, (c) respond to claims that Your Information violates the rights of third parties; (d) protect the rights, property or personal safety of Us and HDBaseT Alliance, its employees, users and the public; or (e) enable the transfer or sale to another entity of all or substantially all of our stock or assets in the line of business to which this Agreement relates, or upon any other corporate reorganization, subject to the promises made in this Agreement. We also may disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or that we believe may expose us or you to legal liability.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that HDBaseT Alliance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such websites or resource.
You agree to indemnify and hold us and our officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of any of your representations and warranties, or this Agreement or the documents it incorporates by reference, your use of our Site as well as reliance in the Content therein (regardless of its source of authorship) , Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party.
Your use of our Site is at your sole risk. Our Site is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Site. We disclaim any warrantes for any information or advice obtained through our Site. We disclaim any warranties for services or goods received through or advertised on our Site or received through any links provided by our Site, as well as for any information or advice received through any links provided through our Site. In addition, no advice or information (oral or written) obtained by you from us shall create anyYou understand and agree that your election to download or otherwise obtain material or data through the use of our Site, is at your own discretion and risk and that you will be solely responsible for any damages to your computer, other device, system or loss of data that results from the download of such material or data.
- Limitation of Liability
You agree that in no event shall We or the HDBaseT Alliance be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We or the HDBaseT Alliance has been advised of the possibility of such damages), arising out of or in connection with our Site or this Agreement or the inability to use our Site. To the extent permitted under applicable law the total and complete liability of HDBaseT alliance to you or any third parties in any circumstance is limited to $100.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Site with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Site.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your account, or your ability to use all or any portion of our Site, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the provisions of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Site. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Site.
We shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of New York without reference to its conflict of law principles. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in New York, NY, USA. Any notices to Us must be sent to: HDBaseT Alliance, 3855 SW 153rd Drive, Beaverton, OR 97003, USA. , via first class or air mail or overnight courier, and are deemed given upon receipt. The failure of HDBaseT Alliance to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You may not assign or otherwise transfer any of your rights hereunder without Our prior written consent, and any such attempt is void. The relationship between Us and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.