Terms of Use

Last updated: January 30, 2018

 

PLEASE SCROLL DOWN AND READ ALL OF THE FOLLOWING TERMS OF USE FOR THE HADRON SERVICE (INCLUSIVE OF THE HADRON TESTING PROGRAM). BY LOGGING IN AND USING THE HADRON.CLOUD SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE HADRON SITE NOR SHOULD YOU PARTICIPATE IN THE HADRON TEST PROGRAM.

1. Agreement of Terms

These Terms of Use (“Agreement”) constitute a legally binding agreement between you and Hadron, Inc. (“We”, “us” or “our”) regarding your use of the Hadron website (collectively, the “Site” or “Service”) for the duration of the Hadron Test Program (“Alpha Test”, “Beta Test”, “Pre-Release”, “Test Program”). You agree that by registering an account and accessing the Site, that you have read and agreed to these Terms of Use. If you do not agree to these Terms of Use, you must not use the Site and cease participation in the the Test Program.

Hadron reserves the right to change or modify these Terms of Use at any time and for any reason without prior notice. Such modifications will be effective upon Hadron’s publication of the new Term of Use. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Hadron, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to the latest update of the Terms of Use.

2. Participation in the Hadron Test Program

The purpose of the Hadron Test Program is to make alpha, beta, and other pre-release services, and related documentation, materials, and information (“Pre-Release Service”) available to you for the purpose of providing Hadron with feedback on the quality and usability of the Pre-Release Service. You understand and agree that participation in the Test Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Hadron. You understand that your participation in the Test Program does not obligate Hadron to provide you with access to the Pre-Release Service. Hadron reserves the right to modify the terms, conditions, and policies of this Test Program from time to time, and to revoke your participation, for any reason and without notice, in this Test Program at any time.

By participating in the Test Program, you certify that you are of the legal age of majority in the jurisdiction in which you reside (at least 18 years of age in many countries) and you represent that you are legally permitted to join the Test Program. This Agreement is void where prohibited by law and the right to become a Test Program participant is not granted in such jurisdictions. As a user of the Site, you are responsible for determining that you are eligible, in the jurisdiction where you reside, to access the Hadron Site and make use of Hadron Services, including all mining services. You are responsible for maintaining the confidentiality of your Hadron account credentials, including your password, and for any activity in connection with your account.

3. Limited License and Restrictions

Unless otherwise noted on the Site, the Site and all content on the Site including the Hadron logo, all designs, text, graphics, information, data, software are the proprietary property of Hadron or its designees and are protected by United States and international copyright law.

You are granted a limited license to access and use the Site subject to these Terms. Unless expressly permitted by the Site, your limited license does NOT include:
• Modifying, adapting, translating, or reverse engineering any portion of the Site or Service.
• Removing any copyright, trademark or other proprietary rights notices contained in or on the Site.
• Collection of any information about other users or members (including usernames and/or email addresses) for any purpose.
• Reformatting, framing or hosting any portion of the web pages that are part of the Site.
• Creating user accounts by automated means or under false or fraudulent pretenses.
• Creating or transmitting unwanted electronic communications such as “spam” to other users or members of the Site and otherwise interfering the ability for others to make use of the Site.
• Taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
• Using the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene.
• Using the Site and to violate, whether intentionally or unintentionally, any applicable local, state, national or international law.
• Any use of the Site or Service other than for its intended purpose.

Failure to use the Site as authorized in these Terms of Use, without the express permission of Hadron, may result in termination of said license. Unauthorized use of the Site may also violate applicable laws, including copyright, trademark and other communications regulations. Your Hadron license is revokable at any time.

4. Feedback and Contact from Hadron

As part of the Test Program, Hadron will provide you with the opportunity to submit bug reports, questionnaires, enhancement requests, issue reports and/or support information (collectively, “Feedback”) to Hadron. Hadron may request this information from you through email, web questionnaires, bug forms, and other mechanisms. Occasionally, Hadron may contact you concerning the Test Program, and you hereby consent to receive such communications. You further agree that in the absence of a separate written agreement to the contrary, all Feedback provided by you are non-confidential and will become the sole property of Hadron. Hadron will own exclusive rights, including all intellectual property rights, and is entitled to the unrestricted use of such Feedback for any purpose without acknowledgement or compensation from you.

5. Privacy Policy

Data collected by Hadron will be in accordance with Hadron’s Privacy Policy, which is incorporated by reference into this Agreement and which can be viewed at: https://hadron.cloud/privacy-policy

6. No Warranty

THE HADRON SITE IS PROVIDED BY HADRON ON AN “AS IS” BASIS. HADRON AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE HADRON SITE, HADRON SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE HADRON SITE OR IN ASSOCIATION WITH THE HADRON SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HADRON AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HADRON AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE HADRON SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HADRON IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE HADRON SITE. HADRON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HADRON 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.

Hadron does not warrant that the Service will be available at any time or from any particular location, that the Service will be secure or error-free, that defects will be corrected, or that the Service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Hadron Service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM HADRON, THE HADRON SITE OR THROUGH OR FROM THE HADRON SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

7. Disclaimer of Liability

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH TESTING, INSTALLATION, OR USE OF THE PRE-RELEASE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA, AND IN NO EVENT WILL HADRON BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PRE-RELEASE SOFTWARE ON YOUR COMPUTER, DEVICES AND/OR ANY PERIPHERALS CONNECTED THERETO, AND/OR FROM ANY OTHER CONFIDENTIAL INFORMATION, AND/OR HADRON’S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, EVEN IF HADRON HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HADRON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8. Indemnity

You agree to indemnify and hold Hadron, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (1) your access to the Hadron Site, (2) your use of the Hadron Services, (3) the violation of these Terms of Use by you, or (4) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

9. Term and Termination

Hadron may terminate this Agreement at any time for any reason. Upon expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement shall immediately terminate, and Licensee shall immediately cease using the Service.

10. No Waiver or Assignment

No delay or failure to take action under this Agreement will constitute a waiver unless expressly waived in writing, signed by a duly authorized representative of Hadron, and no single waiver will constitute a continuing or subsequent waiver. This Agreement may not be assigned by you in whole or in part. Any contrary assignment shall be null and void.

11. Governing Law

If there is any dispute about or involving the Hadron Site and/or the Hadron Service, by using the Hadron Site, you agree that the dispute will be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Nevada. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Hadron in any respect whatsoever. Hadron may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on the Hadron Service. These Terms of Use, accepted upon use of the Hadron Site, and all terms, guidelines and rules referenced herein contain the entire agreement between you and Hadron regarding the use of the Hadron Site and/or the Hadron Service. The failure of Hadron to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with Hadron’s prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include Hadron’s Privacy Policy and any other documents referenced by this Agreement.

12. Contact

Please contact us with any questions or concerns regarding these Terms of Use at [email protected]