Welcome to the website of HoloCom, Inc. ("Site"). By accessing or using this Site, you ("User") agree to comply with the terms and conditions governing User use of any areas and services of the HoloCom, Inc. website Holo.com (“Services”) as set forth below. There may be additional terms and/or product requirements, including age requirements, that might apply in the use of our Services. These additional terms will be available with the relevant Services and these additional terms become a part of User’s agreement for use of this Site.
USE OF SITE
Prohibition on misuse of Site
User may not misuse this Site. Such prohibited misuse includes interfering with Services, and attempts to access Services within Site without authorization. Such authorization could include payment of a registration fee, as may be required to obtain full access to Services. User may not use content from Site nor Services unless authorized to do so. If authorized to use content from Site or Services, appropriate legal notices, to include intellectual property ownership notices, must be displayed in or along with such use. User does not own and may not misappropriate nor misuse any of the intellectual property rights in Services or the content accessed from the Site. See Proprietary Rights in Content, below. Such protected intellectual property includes the available virtual space appearances, arrangements, and fixtures, any branding, logos, and associated graphics, holographics, and other displayed intellectual property created by HoloCom, Inc. User may not reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of this Site including its Services except as expressly permitted by HoloCom, Inc. and its authorized affiliates. Communications, announcements, administrative messages, and other information may be sent to User from time to time in connection with User’s use of Services. These communications may be opted out of. Where Services are available on mobile platforms, User may not use Services in a way that distracts or prevents User from obeying other laws, including traffic or public safety laws. Our Services employ some content that is not HoloCom, Inc.’s. See Your Content in HoloCom, Inc.’s Services below. This content is the sole responsibility of the entity that makes it available. However, it is in our discretion to review content to determine whether it is legal or whether it violates our policies, or governing law, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. Reservation of the right to enforce prevention of misuse of Site HoloCom, Inc. and its authorized affiliates reserve the right to suspend Services, refuse Services, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if it is believed that User conduct violates applicable law, is under investigation for suspected misconduct, or if User actions are harmful to the interests of the Site, Services, other Users, HoloCom, Inc., or any of its authorized affiliates. Modifying and Terminating our Services Site and Services may constantly be changing, improving, adapting to include adding or removing features, or Service being suspended, stopped, or new limitations added to use at any time to include providing subscription-based content accessible only for a fee. User may stop using Services at any time, or HoloCom, Inc. may stop providing Services to User. HoloCom, Inc. recognizes the importance of User’s data and User’s access to such data on Site. Where reasonably and legally possible, HoloCom, Inc. may provide User with reasonable advance notice if any such discontinuation of Service might prevent access to such data transacted by User in Site, or in connection with Services.
Proprietary Rights in Content
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. HoloCom, Inc. and the Site reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Site, its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither the Site nor its affiliates or their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers") can ensure prompt removal of questionable content after online posting. Accordingly, neither HoloCom, Inc., the Site, nor its Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User's sole risk. Neither the Site, nor its Providers, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information, content, service, or technology provided through this Site. THIS SITE AND THE SERVICES ARE PROVIDED BY HOLOCOM, INC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR SERVICES, INCLUDED ON THIS SITE HAVE BEEN MADE. HOLOCOM, INC. DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET USER’S NEEDS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HOLOCOM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHEN PERMITTED BY LAW, NEITHER HOLOCOM, INC., THE SITE NOR PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. NEITHER HOLOCOM, INC., THE SITE NOR ITS PROVIDERS WILL BE LIABLE FOR CLAIMS UNDER THESE TERMS ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall HoloCom, Inc. or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from the Site or that result from mistakes, omissions, interruptions, deletion of files or other internal data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether resulting from natural disasters, communications failure, theft, destruction, or unauthorized access to records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, software, holographic communications and any and all Services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law. In all cases, HoloCom, Inc. and its Providers will not be liable for any loss or damage that is not reasonably foreseeable.
BUSINESS USES OF OUR SERVICES
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
HoloCom, Inc. and the Site may terminate User's access, or suspend any User's access to all or part of the Site, without notice, for any conduct that HoloCom, Inc., with sole and full discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or the Site or any of its affiliates.
User agrees to indemnify and hold HoloCom, Inc., the Site, its affiliates and their respective officers, directors, employees and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.
All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of HoloCom, Inc., its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
Any trademarks appearing on the Site may only be used with express written permission.
Any patents or design patents appearing on the Site may be used according to appropriate licensing terms.
Any controversy or claim arising out of or relating to this User Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Arbitration shall be conducted in Albuquerque, New Mexico, and judgment on any arbitration award may be entered in any court having jurisdiction thereof. Each party shall be responsible for its own fees and costs in relation to the arbitration. The parties shall share equally the arbitrator's fees and costs. The arbitrator shall have no authority to award costs or punitive damages to any party.