Your Stuff & Your Permissions
When you use our website or app (Our Services), you provide us with things like your files, content, email messages, contacts and so on (“Your Stuff”). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the products or services we offer the public.
We need your permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our services also provide you with features like photo thumbnails, document previews, email organization, easy sorting, editing, sharing and searching. These and other features may require our systems to access, store and scan Your Stuff. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Stuff
Our Services let you share Your Stuff with others, so please think carefully about what you share.
You’re responsible for your conduct, Your Stuff. Some of our stuff may be copyrighted or rise to ours or others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms. We aren’t responsible for the content people post and share via the Services.
Finally, our Services are not intended for people under the age of 13. By using our Services, you are representing to us that you’re over 13. If you discover your child has accessed our website of app and you disapprove, simply contact us.
Some of our Services allow you to download content. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable right to use. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services may be protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, to share by any means other than the share bar tools (icons) on your sites.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing. Our designated agent for notice of alleged copyright infringement on the Services is:
8411 Featheer Trail
Helotes, Texas 78023, USA
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services.
“AS IS” Services
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, HI MERIT AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HI MERIT,ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT HI MERIT HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Let’s Try To Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against Hi Merit, you agree to try to resolve the dispute informally by contacting Service@himerit.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Hi Merit may bring a formal proceeding.
We Both Agree To Arbitrate. You and Hi Merit agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by notifying Services@himerit.com and submitting the opt-out request within 30 days of first accepting these
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the County of Bexar, State of Texas, United States, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees.You agree to pay fity percent (50%) of arbitration costs should you choose to engage Hi Merit in this process.
Exceptions to Agreement to Arbitrate. You may assert claims, if they qualify, in small claims court in any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
No Class Actions. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Hi Merit agree that any judicial proceeding (other than small claims actions) will be brought in the federal courts of Bexar County, State of Texas, USA. Both you and Hi Merit consent to venue and personal jurisdiction there.
These Terms will be governed by Texas or United States law (depending) except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Hi Merit with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Sever-ability & Assignment
Hi Merit ‘s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Hi Merit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.