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Terms of Use

TERMS OF USE

Here are the Terms of Use associated with Hex™, which is a family of products and service platforms of Origin Wireless™.

The following terms and conditions, together with any documents, agreements or policies expressly incorporate by reference (collectively, "Terms of Use") are entered into by and between you and Origin Wireless, Inc ("Origin", "Company", "we", “our” or "us"), each individually a “Party”, and collectively the “Parties”. These Terms of Use govern your access to, interaction with and use of our web sites (e.g. myhexhome.com, other Hex web sites, originwirelessai.com, web infrastructure), support channels (e.g. Hex support channels, email, chat, instant messaging, web conferencing, hotlines), and our mobile or web interfaces (e.g. Hex mobile apps, Hex servers, embedded software, application software, mobile applications, mobile sites,  tablet apps, laptop apps) now existing or later developed (collectively, "Online Resources"), as well as contents, materials, features, services and functionalities offered on or through the Online Resources or any Origin™ products (“Contents”; Online Resources and Contents collectively, "Website"). The term "you", as used in these Terms of Use, means any person or entity who accesses, interacts with or uses the Website.

Please read these Terms of Use carefully before you start to use the Website. By clicking on the "Agree" button below or by using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://myhexhome.com/policies/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. We may revise or update these Terms of Use from time to time, in our sole discretion, by posting an amended version in the Website and making you aware of the revisions, which may be through posting in the Website or otherwise. Your use of the Website following an update to these Terms of Use (or other acceptance method) is considered acceptance of the updated Terms of Use.

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not, you must not access or use the Website. Moreover, our Hex products and services featured in the Website are available only in the United States. You agree not to use or attempt to use our Hex products or services from outside of the United States. You also agree not to use or attempt to use the Website for any illegal or unlawful purpose or in violation of any law, statute, rule, permit, ordinance or regulation.

 

  1. Incorporated Terms

The following additional terms are incorporated into this Agreement as if fully set forth herein:

  • Our Privacy Policy
  • Our Terms of Service
  • Our Terms of Sale
  • Our Hex Home Exchange/Return Policy
  • Our Hex Home 1-Year Limited Warranty (Guarantee)
  • Our End User License Agreement
  1. Accessing the Website

We reserve the right at any time, and from time to time, to modify, suspend, or terminate the Website or any part thereof, in our sole discretion without notice. We and Related Parties (defined below) will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

 

  1. Intellectual Property Rights

The Website (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Company and/or Related Parties and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website solely for your personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, decompile, disassemble, reverse engineer, manipulate, attack, disturb, disable, unduly burden, overburden, damage, impair, adapt, translate, decipher or otherwise make derivative works of our Website. If we provide social media features, such as Facebook®, Twitter®, Instagram®, Pinterest®, or others that are later developed, with certain content, you may take such actions as are enabled by such features. You acknowledge and agree that the use of such social media features may be governed by the terms of use or privacy policy of the relevant social media platform, and that you may also be bound by those terms. Please review the relevant terms before utilizing such social media features.

You must not:

  • Modify copies of the Website or any materials of, from or through the Website;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of the Website or any materials of, from or through the Website.

No right, title or interest in or to the Website or any materials of, from or through the Website is transferred to you under any circumstances, and all rights not expressly granted are reserved by the Company and Related Parties. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. In particular, the Company and Related Parties reserve the right to terminate or suspend your use of and access to the Website if you breach these Terms of Use.

We may update the Website or any materials of, from or through it from time to time, but they are not necessarily complete or up-to-date. The Website or any materials of, from or through the Website may be out of date at any given time, and we are under no obligation to update such.

 

  1. Trademarks

Hex, the associated marks, names, logos, product and service names, designs and slogans are trademarks of the Company and Related Parties. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

 

  1. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
  • To transmit or procure the sending of any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
  • To impersonate or attempt to impersonate Company, Related Parties, our products, our services, our web sites, our support channels, our mobile or web interfaces, Online Resources, Contents, Website, our personnel, another user of Website, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Website, or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website or any device, software or routine that in any manner that could disable, unduly burden, overburden, damage, or impair the proper working of the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any software, script, code, device, robot, crawler, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any materials of, from or through the Website;
  • Introduce any viruses, spams, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the servers on which the Website is stored or supported, servers and services of our subcontractors, or any server, computer or database connected to the Website;
  • Attack any of the Website via a denial-of-service attack or a distributed denial-of-service attack;
  • Engage in commercial use of the Website;
  • Copy or create any derivative work of the Website;
  • Use the Website in any way that infringes or misappropriates any third party’s right, including intellectual property rights, copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy;
  • Use the Website for the benefit of any third party;
  • Circumvent, disable, or otherwise interfere with security-related features on the Website;
  • Otherwise attempt to interfere with the proper working of the Website;
  • You shall not (a) disclose or make available to third parties any portion of the technology associated with the Website without our prior written consent, and (b) copy, decompile, disassemble, reverse engineer, manipulate, modify, adapt, translate, decipher, or make derivative works of any technology incorporated in the Website.

 

  1. User Contributions

The Website may contain message boards, chat rooms, web conferencing, hotlines, emails, surveys, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "Post") content or materials (collectively, "User Contributions") on, of, from or through the Website. You are under no obligation to Post any User Contributions.

However, if you do choose to Post User Contributions, they must all comply with the content requirements, rules and standards set out in these Terms of Use (“Content Standards”). Failure to comply with the Content Standards may result in suspension of your usage of, or access to, the Website, or any materials on, of, from or through it.

Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary. By providing User Contributions on the Website, you grant us and Related Parties, and each of their and our respective licensees, successors and assigns the worldwide, perpetual, nonexclusive, fully paid up, transferrable, sublicensable through multiple tiers of sublicensees, irrevocable, royalty-free license and right to use, copy, reproduce, modify, process, translate, perform, display, upload, store, create derivative works of, distribute and otherwise disclose to third parties the User Contributions, and you acknowledge and agree that such grant of rights is necessary in order for us to properly operate and administer the Website. You are fully and solely responsible for any User Contributions that you Post, submit, share, or contribute.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above;
  • All of your User Contributions do and will, for the entire term of your use of the Website or associated services, comply with these Terms of Use;
  • The User Contributions do not contain proprietary or confidential information;
  • We are not under any duty of confidentiality with respect to the Posted material;
  • The act of Posting such material does not violate the rights of any third party;
  • You are not entitled to compensation or attribution of any kind from us in exchange for the User Contributions;
  • The User Contributions are accurate and true.

 

  1. Monitoring, Enforcement & Termination

We have the right to:

  • Remove or refuse to Post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
  • Deny all, or some portion, of the Website to any user, in our sole discretion, at any time;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

We do not undertake to review all material or User Contributions before they have Posted on the Website, and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

  1. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is fraudulent, libelous, abusive, profane, defamatory, obscene, indecent, offensive, harassing, violent, hateful, inflammatory, illegal, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act or civil unrest;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, harass, injure, harm, or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

  1. No Reliance on Information Posted

The information on, of, from or through the Website is made available solely for general information purposes. We and Related Parties do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We and Related Parties disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

  1. Information about You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  1. Linking to the Website and Social Media Features

You may link to our web sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Website;
  • Send e-mails or other communications with certain content, or links to certain content, on the Website;
  • Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you;
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
  • Link to any part of the Website other than the homepage;
  • Otherwise take any action with respect to any materials on, of, from or through the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

 

  1. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and informational purposes only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or 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 the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not endorse any third party, third-party content, or third-party website, that may appear on, from, or is accessible through, the Website, or in related services, or that may be derived from the content that may appear on, from or through the Website, even if such content was summarized, collected, reformatted, or otherwise edited by us.

 

  1. Geographic Restrictions

The owner of the Website is based in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.

 

  1. Disclaimer of Warranties and Limitation on Liability

YOUR USE OF THE WEBSITE AND ANY MATERIALS ON, OF, FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. EXCEPT AS PROHIBITED BY LAW, YOU AGREE AND ACKNOWLEDGE THAT THE WEBSITE AND ANY MATERIALS ON, OF, FROM OR THROUGH THE WEBSITE ARE PROVIDED FOR YOUR CONVENIENCE, "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE, ALONG WITH OUR AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE "RELATED PARTIES"), SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, ACCURACY, SUITABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTIES OF ANY KIND IN AND/OR TO THE WEBSITE AND ANY MATERIALS ON, OF, FROM OR THROUGH THE WEBSITE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US OR ANY RELATED PARTY SHALL CREATE ANY WARRANTY OF ANY KIND.

WE AND RELATED PARTIES DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE OR ANY MATERIALS ON, OF, FROM OR THROUGH THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR THE MATERIALS WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER; THAT DEFECTS WILL BE CORRECTED; THAT DATA TRANSMISSION OR STORAGE IS SECURE OR THAT THE WEBSITE OR THE MATERIALS ARE FREE OF INACCURACIES, MISREPRESENTATIONS, VIRUSES OR OTHER HARMFUL CODE OR COMPONENTS. FURTHER, WE AND RELATED PARTIES DO NOT REPRESENT THAT THE WEBSITE OR THE MATERIALS WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR THAT THE WEBSITE OR THE MATERIALS WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. WE AND RELATED PARTIES DO NOT REPRESENT, AND YOU ACKNOWLEDGE, THAT THE WEBSITE OR THE MATERIALS MAY BE COMPROMISED, INTERRUPTED, CIRCUMVENTED, UNAVAILABLE (FOR A LIMITED OR EXTENDED TIME PERIOD), OR OTHERWISE COMPROMISED INCLUDING, BUT NOT LIMITED TO, AS A RESULT OF SOFTWARE OR EQUIPMENT DESIGNED BY A THIRD PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELATED PARTIES BE LIABLE TO YOU BASED ON OR RELATED TO THE WEBSITE, USER CONTRIBUTIONS, OR ANY MATERIALS OF, FROM OR THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PERSONAL INJURY, AND DEATH), PROPERTY DAMAGE, STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES, DAMAGES, OR EXPENSES (INCLUDING ATTORNEY’S FEES), INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, USER CONTRIBUTIONS, OR THE MATERIALS, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY'S AFFILIATES, LICENSORS AND SUBCONTRACTORS.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any Related Parties nor providers of third-party products and services shall be liable for (1) any damages in excess $1,000.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or any materials on, of, from or through the Website. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose. You agree that any payments made by Company to you under this paragraph are your sole and exclusive remedy in the event of liability on the part of Company.

 

  1. Indemnification

You agree to defend, indemnify and hold harmless COMPANY and Related Parties and their successors and assigns from and against all losses, claims, damages, liabilities, settlements, judgments, demands, fines, penalties, awards, costs, expenses and fees (including reasonable attorneys’ fees and court costs) for any third-party claims, actions, suits, or proceedings arising out of or in connection with a breach of or grossly negligent acts or willful misconduct relating to the Terms of Sale, Terms of Service, Terms of Use, End User License Agreement, Privacy Policy, Hex Home Exchange/Return Policy, Hex Home 1-Year Limited Warranty, or applicable purchase order by you or a party acting at your direction or under your control (each an "Indemnifiable Claim"). The duty for you to defend arises upon the assertion of an Indemnifiable Claim or demand, the subject of which is an Indemnifiable Claim, against Origin or any of Related Parties and you will do so regardless of whether Origin has been found liable or whether Origin has incurred any expense. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

 

  1. Miscellaneous

Severability. If any provision of these Terms of Use is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. When used in these Terms of Use, the word "including" shall mean "including, but not limited to."

Interpretation and Headings. The section titles used herein are for convenience of the Parties only and shall not be considered in construing the provisions of these Terms of Use. The term "sole discretion" shall mean "sole and absolute discretion without any liability."

Relationship of the Parties. The Parties agree that no joint venture, partnership, employment, or agency relationship exists between them as a result of these Terms of Use or your use of Company’s products, services and Website. With respect to one another, the Parties shall be deemed independent contractors.

Assignment. We may assign our rights under these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Terms of Use without our prior written consent, and any unauthorized assignment by you shall be null and void.

No Waiver. Our failure to enforce any provision of these Terms of Use shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any Party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms of Use shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Disputes and Arbitration. You agree that any claim or dispute arising out of or relating in any way to your use of the Website or any materials on, of, from or through the Website will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. The laws of the State of Delaware shall govern these Terms of Use, and shall be used in any arbitration proceeding. The Parties further agree that under no circumstances shall the interpretation of the Terms of Use be construed against the drafter.

BOTH PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO A JURY TRIAL. This means there will be no judge or jury in arbitration, and court review of an arbitration award will be limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, within one (1) year of the occurrence of the cause of the dispute, you must send a letter requesting arbitration and describing your claim to the following address: Origin Wireless Inc., ATTN: Legal Department, 7500 Greenway Center Drive, Suite 1070, Greenbelt, MD 20770, USA. Thereafter, to the fullest extent permitted by applicable law, the Parties agree that any claim or dispute arising from that cause and/or occurrence shall be waived and/or barred.

Arbitration under these Terms of Use will be conducted by the American Arbitration Association (AAA) under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The Parties hereby agree that the arbitration, and any settlement or resolution thereof shall be considered confidential information. You agree not to disclose or otherwise make this information available to third parties without the prior written consent of Company.

You and Company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, both you and Company agree that the Parties have each waived any right to a jury trial. Notwithstanding the foregoing, you agree that Company may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website or any materials on, of, from or through the Website, or to Company, may only be brought by you in a state or federal court located in Delaware. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND IRREVOCABLY AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN DELAWARE.

The Parties agree that the interpretation of the Terms of Use shall not be construed against the drafter for any reason.

Force Majeure. Company and Related Parties will not be liable for any failure to discharge its obligations under these Terms of Use due to strikes, accidents, wars, pandemics, natural disasters, earthquakes, fires, internet failures, cyber attacks, international supply shortage of electronic components and materials, or shutdowns of its manufacturing plant or plants supplying it or other contingencies beyond the control of Company, including those arising out of or in connection with, due to, or caused in whole or in part by emergency conditions.

Time Limitation of Actions. All claims, actions or proceedings against Company must be commenced in court within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred. The time period in this paragraph must be complied with strictly.

Notice. Unless otherwise expressly provided herein, (i) all notices required to be given to Company shall be deemed to have been duly given if in writing and mailed by regular mail, postage prepaid, or overnight delivery, by a reputable, national overnight delivery service to Company’s then current principal place of business and (ii) all notices required to be given to Subscriber shall be deemed to have been duly given if in writing and sent to the e-mail address Subscriber provided to Company.

Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms and conditions of these Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.

Entire Agreement. These Terms of Use, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to your use of the Website and any materials on, of, from or through the Website, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

Order of Precedence. For the avoidance of doubt, these Terms of Use govern your use of the Website. In the event of a direct conflict between the terms of these Terms of Use and the Terms of Service or the Terms of Sale, the following shall control in the following order of precedence: (i) the Terms of Service; (ii) either (a) these Terms of Use, for any provisions related to use of the Website; or (b) the Terms of Sale, for any provisions related to purchases of the System or other Hex products (as applicable); and (iii) these Terms of Use, for any provision not controlled by the Terms of Service or Terms of Sale (as applicable) pursuant to the above. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms of Service or Terms of Sale (as applicable).

 

  1. Your Comments and Concerns

The Website is offered and operated by Origin Wireless Inc. located at 7500 Greenway Center Drive, Suite 1070, Greenbelt, MD 20770. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: hello@myhexhome.com.

 

  1. Copyright Policy

If you believe in good faith that any material on, of, from or through our Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act ("DMCA") (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification, with reasonably sufficient information, of the location of the alleged infringing material;
  • Information reasonably sufficient to permit us to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Origin Wireless Inc.

ATTN: Legal Department

7500 Greenway Center Drive, Suite 1070

Greenbelt, MD 20770, USA

Email: hello@myhexhome.com

 

 

  1. Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material on, of, from or through the Website infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to hello@myhexhome.com, containing the following information:

  • Your name, physical address, e-mail address and phone number;
  • A description of the material posted on the Website that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;
  • Identification of the location of the material on the Website;
  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and
  • Your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violating material, or any other party. 

Last updated: May 28, 2021.