Terms of Use | HNS Recovery

Terms of Use.

PLEASE READ THESE TERMS OF USE BEFORE USING THE WEBSITE

EFFECTIVE DATE: 01 December 2023

1- TERMS

By using this website at www.hnsrecovery.com (the “Website”), You accept the following terms and conditions of use (the “Terms of Use”). These Terms of Use apply to You and the entity You act on behalf of (“You” or “Your”). If You do not accept the Terms of Use, do not use the Website. Your use of the Website means that You agree to follow the Terms of Use.

2- ELIGIBILITY

You must be an adult and able to make legal contracts under the law to use this website at www.hnsrecovery.com (the “Website”). The Website belongs to HNS Recovery and its affiliates. Do not use the Website if You are not eligible. Using the Website means that You meet these requirements.

3- SCOPE

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement between You and HNS Recovery, in which case the terms of the separate agreement shall supersede these Terms of Use in the event of a conflict between such separate agreement and these Terms of Use.

4- THIRD-PARTY WEBSITES

This Website may contain links to other third-party websites that are not operated by HNS Recovery. All such links are provided solely as a convenience to You. If You use these links, You will leave this Website. Neither HNS Recovery nor any of its Affiliates is responsible for any content, materials, or other information located on or accessible from any such website. HNS Recovery does not endorse, guarantee, or makes any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that You may obtain from using such websites. If You decide to access any other website linked to or from this website, You do so entirely at Your own risk.

5- ACCESS & OWNERSHIP

All intellectual property rights including copyrights, patents, trademarks, service marks, and/or trade secrets (collectively, “IP Rights”) associated with the Website and its contents (the “Content”) are the sole property of HNS Recovery. The Content is protected by copyright and other laws in both the United States and other countries. Except as expressly provided herein, HNS Recovery does not grant to You any express or implied rights to HNS Recovery’s or any third party’s IP Rights. HNS Recovery grants to You a limited, personal, nontransferable, non-sublicensable, revocable right to access and use the Website to administer the Services as available at the Website. You may authorize Your employees, agents, and contractors (“Users”) to access and use the Website consistent with these Terms of Use. You grant to HNS Recovery a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by You or Users relating to the operation of HNS Recovery’s Services.

6- CONTENT

You may provide information and content, including personally identifiable information, to HNS Recovery in connection with using the Website. You grant HNS Recovery the right to use this information and content as needed to fulfill its service obligations and as otherwise permitted by the HNS Recovery Privacy Policy incorporated herein by reference) and/or applicable law. You shall not reverse engineer or decompile any software code that is part of the HNS Recovery Services or Website.

7- WEBSITE AVAILABILITY

The Website is scheduled to be available twenty-four (24) hours a day, seven (7) days a week (other than when unavailable for scheduled maintenance); provided that, HNS Recovery does not guarantee the availability of the Website, or that access will be uninterrupted or error-free. HNS Recovery reserves the right to interrupt, limit, or suspend the Website from time to time for purposes of scheduled or emergency maintenance, upgrades, and similar reasons HNS Recovery determines in its sole discretion. You agree that HNS Recovery shall not be held responsible or liable for any damages arising from any interruption or unavailability of the Website, regardless of the cause.

8- VIRUSES

You agree to not and will ensure Your Users do not input or upload to the Website any virus, Trojan horse, worm, time bomb or other programs (i) that are intended to harm, interfere with, intercept or expropriate the Website; or (ii) that infringe the IP Rights of HNS Recovery or another.

9- INFORMATION USE

You may use data returned through the Website (the “Information”) within Your business to manage the Services provided under these Terms of Use for Your sole benefit, and not for the benefit of others. You should consult your own advisers as to legal, business, tax, and other related matters concerning any business decision. Any projections, estimates, forecasts, targets, prospects and/or opinions expressed in the Content are subject to change without notice and may differ or be contrary to opinions expressed by others. For clarity, You are not authorized to resell, distribute, redistribute or grant access to the Website or Information to third parties, or use of the Website or Information to provide transportation or logistics services to a third party.

10- COLLECTION OF DATA

In accordance with the HNS Recovery Privacy Policy, HNS Recovery reserves the right to collect (via cookies or otherwise), use, and freely utilize data with respect to the provision and usage of the Website (collectively, the “Usage Data”), and to prepare reports, studies, analyses, and other work product resulting from such compilation and analysis on an anonymous basis that does not identify You, Your Company, or any person. HNS Recovery shall have exclusive ownership rights to, and the exclusive right to use such Usage Data for any purpose.

11- DISCLAIMER

HNS RECOVERY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, CONTENT FOR ANY INVESTORS OR POTENTIAL INVESTORS. UNDER NO CIRCUMSTANCES SHOULD ANY CONTENT BE USED OR RELIED UPON IN MAKING INVESTMENT DECISIONS OR EVALUATING THE MERITS OF ANY INVESTMENT, OR RELIED UPON IN ANY MANNER FOR ANY LEGAL, TAX, OR OTHER ADVICE. THIS WEBSITE AND ALL OF ITS CONTENT ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HNS RECOVERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY WEBSITE WITH WHICH IT IS LINKED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HNS RECOVERY DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). HNS RECOVERY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. HNS RECOVERY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS WEBSITE. HNS RECOVERY DOES NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OR USE OF THIS WEBSITE. YOU ACCEPT THAT HNS RECOVERY’S SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Nothing in these Terms of Use will affect any statutory rights to which You may be entitled to as a consumer to the extent Your ability to alter or waive such rights by contract is limited by applicable law.

12- EXCLUSION OF LIABILITY & RELEASE

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, HNS RECOVERY, ON BEHALF OF HNS RECOVERY’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF HNS RECOVERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, OR ANY SERVICES AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS ($50.00).

YOU HEREBY RELEASE HNS RECOVERY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSURERS, SUCCESSORS, AND ASSIGNS FROM ALL PAST, PRESENT, AND FUTURE ACTIONS, CLAIMS, DEMANDS, DISPUTES, LIABILITIES, AND CAUSES OF ACTION ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES AVAILABLE ON THE SITE.

These Terms of Use give You specific legal rights and You may also have other rights which vary between jurisdictions. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to You. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and HNS Recovery does not seek to exclude or limit liability for fraudulent misrepresentation.

13- COPYRIGHTS

If You believe in good faith that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide HNS Recovery’s designated agent with the following information:

Your name and signature, or the name and signature of the person who can legally represent you or the owner of the intellectual property;
A description or identification of the intellectual property that you believe has been violated, such as a copyright, trademark, or patent;
The location of the infringing material on the HNS Recovery website, with enough details for us to find it;
Your contact information, including your address, phone number, and email address;
A declaration that you believe in good faith that the use of the material is not authorized by the intellectual property owner, their agent, or the law;
A statement that you swear under penalty of perjury that the information in your notice is true and that you are the intellectual property owner or have the legal authority to act on their behalf.
You can send your notice to the following email of HNS Recovery’s agent for intellectual property claims:

By email: Compliance@HNSRecovery.com

14- WAIVER

HNS Recovery’s failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any of us of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

15- MODIFICATIONS

HNS Recovery may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted, or updated without notice at the sole discretion of HNS Recovery.

16- SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use shall remain in full force and effect.

17- GOVERNING LAW

These Terms of Use shall be governed under the laws of the State of Texas without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use shall be exclusively in the state or federal courts of Texas. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.