HOSTEL MANAGEMENT INTERNATIONAL, LLC TERMS OF SERVICE for www.hostelmanagement.com.
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF") AND HOSTEL MANAGEMENT INTERNATIONAL, LLC ("OUR," "US," "WE" OR "HMI"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS AND/OR DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
1. ACCESS TO THE SERVICE.
Subject to certain limitations as described herein, you are granted the right to access our text, files, images, photos, video, sounds, directories, forums, polls, works of authorship, applications, or any other materials (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the Content. Download and use of software content may be subject to an additional license agreement. You must be at least 13 years of age to access the Content. Certain areas and functions of the Service require registration, while other areas and functions do not.
2. YOUR REGISTRATION OBLIGATIONS.
(a) In order to access some features of the Service, you will have to create and register a HMI account. You may never use another's account without permission. When creating your account, you must provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You explicitly consent and authorize us to verify your Registration Data as required for your use of and access to the Service, as applicable. You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates.
(b) A person who completes the registration process for the Service is sometimes referred to herein as a "Registered User". A Registered User may only maintain one active account on the Service. HMI reserves the right to terminate any and all multiple accounts by a single Registered User.
(c) The foregoing notwithstanding, HMI may, in its sole discretion, allow a you to register an anonymous account (“Anonymous Account”) under the same terms and conditions applicable to Registered Users as set forth in this Agreement. Any Registration Data submitted in connection with registration of an Anonymous Account must comply with the terms set forth in Section 2 (a), above. HMI reserve the right to restrict Anonymous Account user access to some Content and/or features of the Service. For purposes or clarity, an Anonymous Account is simply any registered user account which does not include complete information necessary to determine the identity of the user.
(d) You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We are not liable for any harm caused by or related to the theft of your password, your disclosure of your password, or your authorization to allow another person to access and use the Service using your account. You must notify HMI immediately of any breach of security or unauthorized use of your account. Although HMI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of HMI or others due to such unauthorized use.
(e) You acknowledge that while we take reasonable steps to protect your data, the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
(b) Forum Communication Policy. HMI wants everyone to enjoy the Service and has established a specific Communication Policy to govern use of the Service. You can find a copy of our Forum Communication Policy at www.hostelmanagement.com/forum-policy
4. SERVICE OPERATION.
HMI will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of HMI may, from time to time, result in temporary service interruptions. HMI also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that HMI shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5. ABILITY TO ACCEPT TERMS OF SERVICE.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
6. USER RESTRICTIONS
(a) By using the Service, you acknowledge that certain rights (i.e. copyright) in the Content found on the Service may be owned or controlled by HMI, Content Providers (defined, below) or a Registered User, and you agree that you have no right to provide any Content obtained through the Service to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods.
(b) You may not use or allow others to use, your account and/or the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (1) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (2) violates any law or regulation or the rights of others; (3) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (4) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your account. You also may not use, nor allow others to use, your account, the Service, directly or indirectly, to: (x) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects negatively on us, the Service, or anyone else; (z) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service. HMI expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your access to the Service immediately upon notice of your failure to comply with any such law(s).
(c) You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (1) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (3) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (4) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
(d) You agree not to use the Service for any commercial uses unless you obtain HMI’s prior written approval. Such commercial uses include without limitation (1) the sale of access to the Service; and (2) the sale of advertising, sponsorships, or promotions placed on or within the Service or Content. The foregoing notwithstanding, HMI allows certain Registered Users the limited ability to promote their owned or controlled businesses only in certain specific areas of the Service.
7. THIRD PARTY CONTENT PROVIDERS.
In some cases, HMI derives its rights to use the Content offered on the Service from third party content owners, other than Registered Users ("Content Providers") for fixed periods of time. As well, HMI is sometimes required to pull certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by HMI may not be available when you try to access it, and not all Content is available in all countries or territories.
8. LINKS TO OTHER SITES
9. THIRD PARTY CONTENT POLICY (YOUTUBE, VIMEO, ETC.).
Please note that with regard to any content made available on or through the Service which contains or displays a third party logo (i.e. YouTube, Vimeo, etc.) or which is provided via a third party’s player and is hosted on a third party’s servers; HMI does not have the ability to permanently remove all or any such content from the third party’s servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by a third party, you should contact the third party directly in accordance with copyright policies of the third party. If you believe that your work is available on the Service via a third party player in a way that constitutes copyright infringement, please: (1) contact the third party directly in accordance with its copyright policies; and (2) contact HMI by sending us a notice in accordance with the provisions of Section 12, below.
10. HMI LINKING POLICY
Any website that links to the Service: (1) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the Service; (2) may link to, but not replicate, the Content of the Service; (3) must not imply that HMI or the Service are endorsing or sponsoring it or its products, unless HMI has given its prior written consent; (4) must not present false information about HMI or its products or services; (5) must not use the Service or trademarks except as expressly permitted in this Agreement or without HMI’s prior written permission; (6) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (7) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. By linking to the Service, you agree that you do and will continue to comply with the HMI Linking Policy. Notwithstanding anything to the contrary contained in this Agreement, HMI reserves the right to deny permission to link to the Service for any reason in our sole and absolute discretion. If you have any questions about our linking policy, please contact us by emailing [email protected]. HMI reserves the right to remove links at any time and for any reason in its absolute discretion.
11. INTELLECTUAL PROPERTY RIGHTS
(a) The Content available through the Service is the property of HMI or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only.
(b) You acknowledge that HMI retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and HMI reserves all rights not expressly granted hereunder.
You may not:
Frame or mirror any part of the Service without our express prior written consent.
Create a database by systematically downloading and storing all or any Content.
Copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software.
Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Service, without the express prior written consent of HMI.
Bypass any measures HMI may use to prevent or restrict access to the Service.
(c) The HMI logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by HMI and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner
(d) You shall promptly notify HMI in writing upon your discovery of any unauthorized use or infringement of the Service or the Content or HMI's patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service shall constitute an act of copyright infringement and a breach of this Agreement. Furthermore, HMI may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
12. INTELLECTUAL PROPERTY.
(a) We respect the intellectual property rights of others. If you believe that any of the Content on the Service violates your intellectual property rights (copyright, trademark, patent, trade dress, etc.), please send us a message at [email protected] listing the following information.
Identification of the location on the Service of the Content claimed to have been infringed;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by the owner, its agent, or the law; and
A statement that the information you are providing 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.
13. REGISTERED USERS
(a) The Service may, but is not obligated to, offer interactive features (i.e. forums, polls, surveys, directories, comment sections, etc.) for free or for a fee, that allow Registered Users to, among other things, submit or post Content ("User Generated Content") or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. If you are a Registered User, you represent and agree that any use by you of such features, including any User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. Registered Users also further agree to provide accurate and complete information in connection with your submission or posting of any User Generated Content on the Service. "User Generated Content" includes, without limitation, reviews, videos, photos, articles, audio files, applications and any other content whether copyrightable or not.
(b) HMI does not claim any ownership rights in User Generated Content that you transmit, submit, display or publish ("post") on, through or in connection with the Service. After posting your User Generated Content on, through or in connection with the Service, you continue to retain any such rights that you may have in your User Generated Content, subject to the limited license herein. By posting any User Generated Content on, through or in connection with the Service, you hereby grant to HMI a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content fully-paid and royalty free in all forms and formats of media now know or in the future created, including, without limitation, distributing part or all of the Service and any User Generated Content included therein. You further agree to a waiver of any ''moral rights,'' or any similar rights to any User Generated Content under any jurisdiction..
(c) The license you grant to HMI is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to HMI), fully-paid and royalty-free (meaning that HMI is not required to pay you or anyone else deriving rights from you for the use on the Service of the User Generated Content that you post), sublicensable (so that HMI is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Services), perpetual (meaning that no termination of this Agreement will affect the license granted by you), and worldwide (because the Internet and the Services are global in reach).
(d) HMI reserves the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability.
(e) HMI has the right, but not the obligation, to monitor any information and User Generated Content submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, including without limitation the Communication Policy, and to take any action that HMI in its sole discretion deems appropriate.
(f) We may ask for donations or the payment of fees in order for you to access certain areas of the Service. Please be advised that HMI is not a charitable organization under any local, state or federal laws or international treaty.
14. OBJECTIONABLE MATERIAL
You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that HMI shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that HMI does not guarantee their accuracy.
15. INFORMATION PROVIDED
You acknowledge that any reliance upon any advice, opinion, statement, rating or other information displayed or distributed through the Service is at your sole risk. HMI reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that HMI is not responsible for any User Generated Content posted by users of the Service. Prior to making any decisions based on information posted on the Service, you are advised to verify the information. HMI shall not have any liability arising from your acts or decisions based upon the information provided on the Service.
16. HMI DISCLAIMERS
(a) When it comes to buying products or services when using the internet, it is recommended that you always conduct your own investigations. This includes buying any products or services offered or sold as part of, or through, the Service.
(b) Unless we have stated otherwise, you should always assume that when products or services are made reference to, they are made because there exists a material connection between the Service and the providers of the products and services displayed. It should be noted that this is not always the case.
(c) HMI will always recommend products and services based in part on a good faith belief that the supply of such products or services will help you. We have a good faith belief, because HMI has either tried the products or services prior to making any recommendations, or we have researched the products or services based on the supplier’s history. The recommendations made by HMI about the products or services are honest opinions based on facts known to us at the time a product or service is mentioned on the Service.
(d) We have conducted all steps possible to verify the testimonials that appear on the Service on behalf of HMI. They are treated as average user expectations based on the information that was available at the time of publishing them. They are not exaggerations of user results which we do not entertain in any form. Enquiries have been made to confirm their authenticity at all times. If a claim sounds untrue then we regard this as such and do not publish this on the Service.
(e) Where extracts have been displayed from third party sources or content has been generated and posted by a third party source (i.e. Content Providers, Registered Users, User Generated Content, etc.), these are in no way indicative of any kind of verifiable result, opinion, recommendation or otherwise. You are strongly cautioned to conduct your own due diligence prior to relying on such sources.
(f) Our aim is to be 100% honest at all times. If however you find something displayed on the Service, which you do not agree with, then please contact us immediately at [email protected] and we will look into it. We reserve the right to withdraw the display of any product or service that does not reach our very high levels of satisfaction without any prior notice. Any honesty and integrity is important to us at all times.
(a) We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice.
(b) You may terminate this Agreement by ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service.
(c) Termination of this Agreement shall not relieve you of any obligations to pay accrued charges, if any.
18. DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE AND ACCESS TO THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. HMI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HMI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HMI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. LIMITATION OF LIABILITY
IN NO EVENT SHALL HMI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT HMI SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold HMI harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (1) your breach of, or failure to comply with, the terms and conditions of this Agreement, (2) your use of the Service, and/or (3) the use of the Service by any other person using your account. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
21. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service shall be deemed a passive website that does not give rise to personal jurisdiction over HMI, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and HMI that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. YOU AND HMI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
22. OTHER IMPORTANT PROVISIONS
(a) Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 22.
(b) Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
(c) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
(d) No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
(e) You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void from inception.
(g) A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. CHANGES OR MODIFICATIONS