Terms of Use

Introduction:
By visiting hexatech.com or its related/redirected sites,  you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that HexaTech's website is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.

Legal Notice and Disclaimer:
HexaTech obtains all information, downloadable files and software contained herein from sources believed by HexaTech to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, HexaTech shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the HexaTech website. HexaTech makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the HexaTech website. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranty of any kind. HexaTech disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall HexaTech be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on HexaTech's website. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by HexaTech's authorized representatives, and shall be governed by the laws of the Commonwealth of California.

Links to Third Party Sites :
The links to third parties contained within this website will allow you to leave HexaTech’s site. The sites that are linked to HexaTech’s site are not under the control of HexaTech. HexaTech is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. HexaTech provides these links only as a convenience to you, the user of the website; and the inclusion of any link does not imply endorsement by HexaTech of the linked site.

Any rights not expressly granted by HexaTech herein are expressly reserved.

HexaTech Website Terms of Use

  1. Acceptance of Terms of Use

    The access to HexaTech’s site is provided free of charge to you by HexaTech under these Terms of Use. Although portions of HexaTech’s site may be viewed simply by visiting the site, in order to access the e-commerce site and/or receive additional current or future services from HexaTech you may need to sign on as a guest or register as a member of HexaTech’s site. If you sign on to HexaTech’s site as a guest or if you register as a member of HexaTech’s site community, these Terms of Use will govern your use of HexaTech’s site, including access to message boards and other features.

    BY SIGNING ON TO HEXATECH’S SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS AND/OR BY SELECTING THE "ORDER" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.

    These Terms of Use govern your use of HexaTech’s site and all services provided in connection with HexaTech’s site. HexaTech shall not be liable to you for any breach of these Terms of Use. In addition, HexaTech does not bear any fiduciary responsibility to any user of this website. If you do not agree to these Terms of Use, please do not register for or enter HexaTech’s site. The Terms of Use for your continued use of HexaTech’s site will be posted on the HexaTech site. Please check this area before using HexaTech’s site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please discontinue your use of HexaTech’s site. Your continued use of HexaTech’s site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.

    From time to time HexaTech may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on HexaTech’s site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

  2. Registration Information/Privacy Policy
    Collection of Personal Information
    When you engage in certain activities on this site, such as ordering products, downloading software, or entering contests, HexaTech may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, HexaTech may require that you provide certain personal information, such as your name, mailing address, e-mail address, and other personal identifying information. When ordering products on the web site, you may be asked to provide a credit card number. In some countries, HexaTech is represented by an exclusive reseller who provides marketing, sales, and support services on behalf of HexaTech in the interest of providing better service to customers residing in that country. When you submit personal information to HexaTech, you understand and agree that if you reside in a country where HexaTech is represented by an exclusive reseller, HexaTech may forward your customer profile to that reseller. Your personal information will not be leased, sold, rented or otherwise made available to any other third party except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. Occasionally, HexaTech may use the information for HexaTech's own direct mail and promotional purposes. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.

    HexaTech collects this information in order to record and support your participation in the activities you select. If you order a product, for example, the information is used to register your license and rights, if any, to upgrade discounts, technical support, or other benefits that may be made available to registered users. If you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. HexaTech also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other HexaTech products and services.

    Other provisions contained herein to the contrary notwithstanding, you hereby agree that HexaTech may assign, sell, license, or otherwise transfer to a third party, your name, address, email address, member name and any other personal information in connection with an assignment, sale, joint venture, or other transfer or disposition of a material portion or essentially all of the assets or stock of HexaTech or its affiliated entities.

    HexaTech may also use such  information for HexaTech promotional and marketing purposes. HexaTech respects your privacy. We recognize and appreciate the importance of responsible use of this information and realize that not everyone likes to receive special offers or information about HexaTech products.

    If you would like your name deactivated from HexaTech’s lists, or if you would like to unsubscribe from HexaTech’s e-mail bulletins, please use the contact information below to request that HexaTech deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your HexaTech mailer, and/or other necessary information needed for deactivation.

    HexaTech will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

    You should be aware that when you voluntarily disclose personal information (e.g., user name, e-mail address, physical address, etc.) publicly on HexaTech’s discussion forum, that information can be viewed and used by others and may result in unsolicited messages from other posters or parties.

    Use of Cookies
    This site does not currently use cookies. But, it may be used in the future. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Please note that HexaTech is not responsible for the content or privacy practices of non-HexaTech Web sites to which this site may link.

    Users may send e-mail to us at marketing@hexatech.com with any further questions.

  3. Modifications of these Terms of Use
    HexaTech may modify these Terms of Use from time to time at its sole discretion. Each time you log on to HexaTech’s site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with HexaTech’s site immediately (i) by notifying HexaTechof your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of HexaTech’s site.

  4. Modifications of the HexaTech Site
    HexaTech may modify or discontinue HexaTech’s site with or without notice to you and without liability to you or to any third party.

  5. Third Party Services
    Special routing icons may be included within HexaTech’s site, the activation of which will allow you to access and learn more about HexaTech and other services provided by HexaTech or others whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

  6. Disclaimer of Warranties
    YOU EXPRESSLY AGREE THAT USE OF HEXATECH’S SITE IS AT YOUR SOLE RISK. HEXATECH’S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEXATECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HEXATECH MAKES NO WARRANTY THAT HEXATECH’S SITE WILL MEET YOUR REQUIREMENTS, OR THAT HEXATECH’S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES HEXATECH MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HEXATECH’S SITE. HEXATECH WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF HEXATECH’S SITE.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF HEXATECH’S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

    YOU UNDERSTAND AND AGREE THAT HEXATECH DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH HEXATECH’S SITE. HEXATECH IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER HEXATECH NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN HEXATECH’S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. HEXATECH ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.

    HEXATECH SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN HEXATECH’S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEXATECH OR THROUGH HEXATECH’S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    HEXATECH MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH HEXATECH’S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH HEXATECH’S SITE.

    HEXATECH IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE HEXATECH’S SITE. AS A CONVENIENCE TO HEXATECH’S USERS, HEXATECH MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND HEXATECH’S CONTROL. HEXATECH MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH HEXATECH MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST HEXATECH WITH RESPECT TO SUCH SITES.

  7. Limitation of Liability
    HEXATECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE HEXATECH’S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH HEXATECH’S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF HEXATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  8. Promotional Messages
    HexaTech may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. HexaTech makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services that may be obtained from HexaTech, and you agree that HexaTech shall not have any liability with respect thereto.

  9. Indemnification
    You agree to indemnify and hold each officer and/or employee of HexaTech, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of HexaTech’s site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

  10. Applicable Law
    These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of California, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be California State and U.S. Federal courts having within their jurisdiction the location of HexaTech's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

  11. Miscellaneous
    In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect.

    The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

    HexaTech may assign its rights and obligations under these Terms of Use and upon such assignment HexaTech may be relieved of any further obligation hereunder.

    You represent to HexaTech that you have the authority to register with HexaTech’s site according to these Terms of Use.

    These Terms of Use and any Additional Terms (as such terms shall be identified when posted on HexaTech’s site by HexaTech) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of HexaTech, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.