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.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
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.
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.
You must not:
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 The Website or any materials of, from or through the Website may be out of date at any given time, and we are under no obligation to update such.
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.
Additionally, you agree not to:
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.
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:
We have the right to:
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.
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:
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.
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:
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:
You agree to cooperate with us in stopping any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.
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.
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.
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.
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.
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.
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.
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: email@example.com.
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:
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
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 firstname.lastname@example.org, containing the following information:
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.