Terms Of Use

Third Party Attributions

 

Please read these terms carefully.  By accessing and using any part of the Hillcrest Laboratories, Inc. (“Hillcrest Labs”) website (the “Website”), you agree to each of the terms set forth below (the “Terms of Use”).  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.

 

INTELLECTUAL PROPERTY

All materials, content, information, trademarks and service marks on the Website, as well as the organization and display of the content and all software and inventions used on and in connection with the Website, including graphics, images, logos, page headers, button icons and scripts (collectively, the “Materials”) are the sole and exclusive property of Hillcrest Labs, its affiliates, or its licensors and are protected by U.S. and/or foreign copyright laws.  The Materials are provided for personal, non-commercial and non-public use only.  Hillcrest Labs reserves complete title and full intellectual property rights in the Materials. You acknowledge that you do not acquire any ownership rights to the Materials, whether as a result of using the Website, downloading such Materials or otherwise.  Except as expressly permitted herein, you may not use, download, post, display, publish, reproduce, copy, distribute, prepare derivative works, transmit, sell, transfer or otherwise use the Materials.  You may not provide a hyperlink to any mark, logo or other proprietary graphic or trademark without Hillcrest Labs’ express written permission.  You may not use the Materials (1) in any manner that is likely to cause confusion among customers, (2) in any manner that disparages or discredits Hillcrest Labs or (3) in connection with any service or product that is not sponsored, endorsed or produced by Hillcrest Labs. Any unauthorized or impermissible use terminates all authorization and licenses granted by Hillcrest Labs.

PROHIBITED CONDUCT

You may not use the Website for any illegal or improper purpose.  You may not attempt to gain unauthorized access to the information or services on the Website or in other users’ accounts through hacking, password mining or any other means.  You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Materials. You may not submit comments or provide other information if such information is obscene, illegal, threatening, or defamatory or invades the privacy or infringes the intellectual property of a third party.  You may not submit any information that contains software viruses, mass mailings, chain letters, “pfishing” practices or any form of “spam.”  You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the information.   We reserve the right to remove any such information from the Website that violates these Terms of Use.

THIRD PARTY WEBSITES AND INFORMATION

The Website may provide hyperlinks to third party websites or access to third party content.  These links are provided for your convenience only.  Hillcrest Labs does not control, endorse or guarantee the content found in these sites.  You agree that Hillcrest Labs is not responsible for any content, associated links, resources or services associated with a third party site.  You further agree that Hillcrest Labs shall not be liable for any loss or damage of any sort associated with your use of third party content.

DOWNLOADING FILES

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Hillcrest Labs, Inc.’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Hillcrest Labs, Inc.’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hillcrest Labs at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  1. The materials appearing on the Website could include technical, typographical, or photographic errors. Hillcrest Labs does not warrant that any of the materials on its website are accurate, complete or current. Hillcrest Labs may make changes to the Materials contained on its Website at any time without notice. However, Hillcrest Labs does not make any commitment to update the Materials.
  1. Hillcrest Labs cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

SOFTWARE

Any software available for download via the Website is the copyrighted work of Hillcrest Labs and/or its licensors.  Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE THAT NEITHER HILLCREST LABS NOR ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY OR COMPLETENESS OF THE MATERIALS AND INFORMATION PROVIDED ON THIS WEBSITE.  ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” HILLCREST LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE WEBSITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. HILLCREST LABS MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH OPERATION OF THE SITE OR THE AVAILABILITY OF UNINTERRUPTED ACCESS TO THE WEBSITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HILLCREST LABS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES PROVIDED BY HILLCREST LABS OR THE MATERIALS; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE MATERIALS; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF HILLCREST LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

CERTAIN PAYMENT SERVICES FOR THE WEBSITE ARE PROVIDED BY SHOPIFY. HILLCREST MAY ENGAGE OTHER THIRD PARTIES TO PROVIDE PAYMENT SERVICES FOR THE WEBSITE IN THE FUTURE. NEITHER HILLCREST NOR INTERDIGITAL STORE OR MAINTAIN YOUR PERSONAL PAYMENT INFORMATION AND ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN CONNECTION WITH, ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF SUCH THIRD PARTY’S PAYMENT SERVICES.

ANY INFORMATION SUBMITTED AS PART OF THE PAYMENT PROCESS MAY BE TRANSFERRED AND STORED INTERNATIONALLY. BY PROVIDING SUCH INFORMATION, YOU CONSENT TO THE TRANSFER OF SUCH DATA.

INDEMNITY

You agree to defend, indemnify and hold harmless Hillcrest Labs, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse or inability to use the Website or the Materials or any hyperlinked website, or any violation by you of these Terms of Use.

CHANGES TO TERMS OF USE

We reserve the right, at our sole discretion, to modify these Terms of Use at any time. Changes in these Terms of Use are effective when posted.  Your continued use of the Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

APPLICABLE LAWS

All matters relating to your access to and use of the Website shall be governed by the laws of the State of Delaware without regard to conflicts of law principles.  Any legal action or proceeding relating to your access to or use of the Website shall be instituted in a state or federal court in the State of Maryland.  If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.