Terms of Service


TERMS OF SERVICE

PLEASE READ THESE HTC ELEVATE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

Effective Date: January 11, 2013

Welcome to HTC elevate ("Program") and the HTC elevate website at http://elevate.htc.com (the "Website"). The Website is comprised of web pages regarding the Program and contains information and resources provided by HTC America, Inc. and its affiliates ("HTC") and certain third party content providers. HTC offers access to the Program by invitation only.

Your access to the Program and the Website is conditioned on your acceptance of these Terms of Service, including your agreement to the HTC elevate Privacy Statement, each as amended from time to time (collectively, the "Terms"). The HTC elevate Privacy Statement is part of and incorporated into these Terms and applies to your use of the Website. It contains information about HTC elevate's practices for collection and use of information about you and your use of the Website. Please review the HTC elevate Privacy Statement by visiting: Privacy Statement. "You" means an individual who enrolls in the Program or accesses or uses the Website and any services available through the Website ("Services").

By selecting "I Accept," accessing or using the Website, enrolling in the Program or otherwise accepting HTC's invitation to join, you agree to be bound by these Terms. HTC reserves the right to change these Terms at any time in accordance with Section 16. Sections 9 and 10 of this Agreement disclaim all warranties, express or implied, in connection with the Program and the Website and limit HTC's liability. Please read these Sections carefully.

1. Additional Terms. Additional terms may be presented to you on the Website, including any official rules accompanying a sweepstakes, contest or other promotion, if any, made available to you by HTC on the Website. You agree to comply with any additional terms, which are incorporated in these Terms by reference.

2. Passwords; Attribution of Electronic Acts to You. You must register to become a member of the Program. If you register, you must provide HTC with current, complete and accurate information. You are responsible for maintaining the confidentiality of your password and user name. You agree that if your user name and password are used on the Website, HTC may attribute that use to you and you will be legally bound by it and responsible for any and all activities that occur under your account. You agree to notify HTC immediately of any unauthorized use of your account or any other breach of security. HTC may change your user name and password at any time.

3. Website Use. You may use the Website when it is available. The Website may not always be available. HTC reserves the right to change or remove, and restrict or block access to, all or any part of the Website or Program at any time without notice. HTC and its suppliers own all information, graphics, text, images, sound files, video and other materials, as well as the selection and arrangement of the materials provided through this Website ("Content"). You may view, copy, print and use pages and information from this Website solely for personal and noncommercial purposes. You may not alter any information or pages in any way, including removing copyright, trademarks or other proprietary rights notices. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Website without HTC's prior written (non-electronic) consent. You may not use or export anything from the Website in violation of U.S. export laws and regulations or these Terms. All rights not expressly granted to you in these Terms are reserved.

4. Confidentiality. You acknowledge that information You receive as a member of HTC elevate may be confidential Information and that the confidential information You receive from HTC is a valuable proprietary asset and may constitute trade secrets. You must keep the confidential information given to You private and confidential. Any reproduction, copy, or summary of confidential information shall be deemed confidential information pursuant to these Terms of Service. You may use confidential information solely for the purposes set forth in these Terms of Service. You agree that You will (a) not disclose, publish, disseminate or otherwise communicate, in any manner, any confidential information without the prior written consent of HTC, to anyone else (unless a court or government orders You to); (b) take reasonable precautions to prevent theft of discovery of HTC Confidential Information; and (c) keep HTC confidential information secret as You would Your own confidential information, including ensuring that the confidential information is kept out of the public view and in a secure location at all times. If You are required to disclose any confidential information by law or legal process, You shall provide HTC prompt and sufficient prior written notice thereof and, to the extent possible, ensure such disclosure is subject to a confidentiality agreement consistent with these Terms of Service.

5. Your Conduct. The Website may contain communication features designed to enable you to communicate with HTC and other HTC elevate members. You agree to use the Website only to post, send and receive messages and material that are appropriate and related to the purpose of the Website. You agree that when using the Website, you will not engage or attempt to engage in any improper uses or otherwise violate the Code of Conduct that also governs your use of such features of the Website. Improper uses include:

  1. violating any applicable law or regulation;
  2. posting or transmitting content you do not have the right to post or transmit;
  3. posting or transmitting content that infringes a third party's trademark, patent, trade secret, copyright, publicity, privacy, contract right or other right;
  4. posting or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, abusive, harmful or otherwise objectionable as determined by HTC;
  5. causing damage to HTC's business, reputation, employees, facilities, or to any person;
  6. attempting to intercept, collect or store data about third parties without their knowledge or consent;
  7. deleting, tampering with or revising any material posted by any other person or entity;
  8. accessing, tampering with or using non-public areas of the Website;
  9. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  10. attempting to access, search, or extract data from the Website with any engine, software, tool, agent, robot, spider, scraper, device or mechanism other than the software or search agents provided by HTC or other generally available third party web browsers;
  11. sending or attempting to send unsolicited messages, including promotions or advertisements for products or services, "spam," "chain mail" or "junk mail";
  12. using or attempting to use the Website to send altered, deceptive or false source-identifying information;
  13. attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Website (except as otherwise expressly permitted by law);
  14. interfering or attempting to interfere with the access of any user, host or network, including sending any harmful, illegal, deceptive or disruptive code to the Website, such as a "virus," "spyware" "adware" or other code that could adversely impact the Website or any recipient, or overloading, "flooding," "spamming," "crashing" or "mail bombing" the Website;
  15. impersonating or misrepresenting your affiliation with any person or entity;
  16. using the Website for any unlawful, unintended (by HTC), or harmful purpose, such as to make fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," unregistered sales of securities and securities fraud;
  17. taking any action which could impose a significant burden (as determined by HTC) on the Website infrastructure, such as excessively high volume data transfers or bandwidth consumption, hosting of a web server, internet relay chat server, or any other server, and non-traditional end user activities; or
  18. "framing" the Website or otherwise making it look as if you have a relationship with HTC or that HTC has endorsed you for any purpose.

If HTC suspects violations of any of the above, HTC may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with HTC in investigating suspected violations.

HTC reserves the right to install, implement, manage and operate one or more software, monitoring or other solutions designed to assist in identifying or tracking activities that HTC considers to be illegal or violations of these Terms. HTC may, without notice, remove, block, filter or restrict any materials or information (including emails) that HTC considers to be actual or potential violations of these Terms.

6. Submissions; No Unsolicited Feedback. HTC may provide, directly or through a third party, an opportunity for you to tell HTC and other visitors to the Website what you think about products and services. You agree that if you post, upload or submit in any way to HTC any information, including without limitation product reviews or other materials, through the Website, a third party or otherwise (collectively "Submissions"), you make the Submissions voluntarily. Your Submissions will not be considered confidential or proprietary. If you share Submissions on the Website, you understand and agree that others with whom you have shared your Submissions may use them.

HTC does not claim ownership of any Submissions and will not pay you for Submissions. However, by providing any Submission you grant HTC and its customers, suppliers, strategic partners and sublicensees a royalty-free, worldwide right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and sublicense your Submission and to publish your name in connection with your Submission in connection with the operation of the Website and the businesses of HTC and its customers, suppliers, strategic partners and sublicensees. You also waive any moral rights you may have in your Submissions. HTC is not obligated to post or use any Submission you may provide. HTC may remove or edit any Submission at any time. HTC will not have any liability in connection with the receipt, examination or use of any Submissions provided by you.

If you provide Submissions, you agree to state your opinions lawfully and in good faith and to reveal to others any conflict of interest or relationship that influences your views (such as if someone is paying you or giving you something to encourage you to comment). You understand that sharing content that violates others' copyrights and other intellectual property rights violates these Terms. You warrant and represent that you own or otherwise control all of the rights to your Submission, have the necessary consents from any individuals whose personally identifiable information is contained in your Submissions, and that the use and publication of your Submissions does not violate any law. All Submissions are the opinion of the person commenting and do not necessarily reflect HTC's views. HTC does not control or endorse any Submissions.

HTC does not wish to receive your suggestions for improving HTC products and services ("Feedback"). Please do not submit unsolicited Feedback through the Website or through any HTC service. If you do submit or provide Feedback to HTC, you irrevocably assign to HTC all right, title and interest throughout the world in such Feedback without the right to any compensation or royalties from HTC and waive any moral rights you may have in such Feedback. Further, you irrevocably waive and agree never to assert any claims against HTC or any of HTC's successors in interest with respect to Feedback you submit or provide to HTC.

7. Caution about Accuracy of Information. This Website and the Program is subject to change without notice. There may be information on this Website that is outdated, contains typographical errors, inaccuracies or omissions. You agree not to rely on any information provided on this Website.

8. Third Party Website Links. The Website may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under HTC's control and HTC is not responsible for any Linked Site. HTC provides these links as a convenience and the inclusion of any link does not imply endorsement by HTC or an association with its operators. When you access a Linked Site, you do so at your own risk.

9. No Warranties. The Program, Website, Linked Sites, Content, Third Party Materials, and Services, are provided "AS IS," "WITH ALL FAULTS" and "AS AVAILABLE," and the entire risk as to satisfactory quality, performance, accuracy and effort is with you to the maximum extent permitted by applicable law. HTC and its suppliers make no representations, warranties or conditions, express, implied or statutory, including without limitation, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose or non-infringement. You may have additional consumer rights under your local laws that these Terms cannot change.

10. Disclaimer of Certain Damages. In no event will HTC or any supplier be liable for any consequential, special, incidental, indirect or punitive damages, including damages for loss of profits or confidential or other information, for business interruption, for personal injury, property damage, for loss of privacy, for failure to meet any duty of good faith or reasonable care, for negligence and for any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Program, Website, Linked Sites, the Content, Third Party Materials or Services, even if HTC or any supplier has been advised of the possibility of such damages.

11. Limitation of Liability and Exclusive Remedy. HTC's and its suppliers' maximum, aggregate liability to you, and your exclusive remedy under these terms for any and all damages, injury, property damage and losses arising from any and all claims and causes of action arising out of, based on, resulting from or in any way related to the these Terms, the Program, Website, Linked Sites, Content, Third Party Materials, Services or your use of the Website will be to recover the actual damages you incur based upon reasonable reliance on the Website up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Program, Website, Linked Sites, Content, Third Party Materials or Service will not enlarge or extend the limitation of money damages. These actual money damages will be your sole remedy.

12. Independent Remedies. The exclusion of damages under Section 10 is independent of your exclusive remedy in Section 11 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of these limitations of liability in Sections 10 and 11 apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

13. Privacy. To operate and provide the Program and the Website, HTC may collect certain information about you. We use and protect that information as described on the Website and in the Privacy Statement for the Program. Personal information collected through the Website may be stored and processed in the United States or any other country in which HTC and its suppliers maintain facilities. By enrolling in the Program or using the Website, you consent to the transfer of information outside of the country where you reside.

14. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in some way on the Website that constitutes copyright infringement, please provide the written notice specified below to HTC's copyright agent. Please note that HTC provides the following procedure only for you to notify HTC that your copyrighted material may have been infringed. Any other inquiries, such as requests for technical assistance, will not receive a response through this process. Please submit the following information in writing to HTC's copyright agent:

HTC's agent for notice of claims of copyright infringement on the Website can be reached as follows:
Legal Department
HTC America, Inc.
13920 SE Eastgate Way, Suite 400
Bellevue, WA 98005
Phone: (425) 679-5318
Fax: (425) 861-1715
Email: copyright_NA@htc.com

15. Applicable Law and Forum. The laws of Washington state govern the interpretation of these Terms and apply to claims for breach of it regardless of conflict of laws principles. Any other claims, including claims regarding consumer protection laws and in tort, will be subject to the laws of your state of residence in the United States. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington for any and all disputes, claims and actions arising from or in connection with the Program, Website (including the Content and Services), and these Terms.

16. Changes to these Terms and the Program. HTC reserves the right to change these Terms and the Program at any time. The updated version of these Terms will be effective upon the date of posting unless indicated otherwise in the updated Terms. Your continued use of the Website (including the Content and Services) and participation in the Program after the updated version of the Terms becomes effective constitutes your binding acceptance of the updated version of the Terms. If you do not agree to any updated version of these Terms, you must immediately terminate your registration and/or discontinue your participation in the Program and use of the Website (including the Content and Services).

17. Termination. HTC reserves the right to terminate these Terms, the Program and your access to the Website or any portion thereof at any time, without notice. Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 17, 18, 19 and 21 will survive termination of these Terms, the Program, or your access to the Website.

18. Notices. HTC may give you all notices (including legal process) that HTC is required to give by any lawful method, including by posting notice on the Website or by sending it to any email or mailing address that you provide to HTC. You agree to keep your email and mailing addresses current and to check for notices posted on the Website. You agree to send HTC notice by mailing it to HTC's "Address for Legal Notices" which is:

HTC Corporation
No. 23 Xing-Hua Rd.
330 Taoyuan City
Taiwan, R.O.C.
Attn: Legal Department

With a copy to:
HTC America, Inc.
13920 SE Eastgate Way, Suite 400
Bellevue, WA 98005
Attn: Legal Department

19. General. If a court of competent jurisdiction determines that any part of these Terms is invalid or unenforceable, then it will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. The section titles in these Terms are used only for the parties' convenience and have no legal or contractual significance. HTC may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in the Website. HTC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms (including the Privacy Statement and any other incorporated terms) constitute the entire agreement between you and HTC with respect to the Website, Services, Content, and the Program. These Terms supersede all prior or contemporaneous communications of any kind between you and HTC with respect to the Website, Services, Content, and the Program.

20. Support. HTC does not offer customer support for the Website or any feature or service available through the Website. If you need assistance with your HTC phone or tablet, please contact HTC technical support. If you need assistance with HTC elevate, please contact support@elevate.htc.com for help.

21. Copyright and Trademark Notices. Except for Submissions, all contents of the Website are 2013 HTC Corporation and/or its suppliers, No. 23 Xing-Hua Rd., 330 Taoyuan City, Taiwan R.O.C. All rights reserved. Copyright and other intellectual property laws and treaties protect any software and content provided on the Website. HTC and/or its suppliers own the title, copyright and other intellectual property rights in the Website, Linked Sites, the Content, Third Party Materials, Services, and Feedback. The HTC logo, the HTC quietly brilliant logo and/or other HTC product names and services referenced on the Website are the trademarks of HTC Corporation. All other company names, product names, service names and logos referenced on the Website may be the trademarks of their respective owners.

2013 HTC Corporation