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Website Terms of Use

Effective Date: October, 2014

This Website Terms of Use (“Agreement” or “Terms of Use”) is a binding agreement between you and Hokm Technology Inc (“Hokm”), and governs your use of any of Hokm’s websites (collectively, the “Website”).  Use of this Website is governed by the Terms of Use below.  By using this Website you agree to abide by these Terms of Use.  If you do not agree with any of these Terms of Use, do not use this Website.

Please read this Agreement carefully, because it sets forth the important terms you will need to know about this Website.  In this Agreement, the terms “you” and “yours” refers to the person using this Website.  The terms “we,” “our,” “us,” and “Hokm” refer to Hokm. 

The servers that host this Website are located in the United States, and any personal details you provide us will be processed by Hokm in the United States.  For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy [link to Privacy Policy].  Hokm expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website.  Hokm makes no representation about any third-party websites that may be accessed via links from this Website.  By using this Website, you agree that the law of the State of California, without regard to its conflict of laws principles, will govern all matters between you and Hokm with respect to your use of this Website.

1. Intellectual Property Rights


1.1 Ownership. 

Hokm and its licensors reserve and shall retain their entire right, title and interest in and to the Website, including all copyrights, trademarks and other intellectual property rights (hereinafter “Intellectual Property Rights”) therein or relating thereto.  All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any Intellectual Property Rights, are the property of Hokm, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws.  You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in this Agreement.

1.2 Software Downloads. 

Any Hokm software that is made available to download from this Website (“Software”) is the copyrighted work of Hokm and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. Department of Commerce.  Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

1.3 Authorized and Prohibited Uses. 

You may use the Website and the Content only for non-commercial, informational, personal use, and only so long as you comply with this Agreement and applicable laws. Except as may otherwise be expressly authorized by this Agreement, you may not otherwise reproduce, sell, publish, distribute, modify, display, create derivative works or improvements, or use any of this Website or the Content without our prior written permission.  You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.  You agree not to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website or any part thereof, or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Website or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time.

2. Website Administration


2.1 Access to Website. 

You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.  While it is Hokm’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website or portions thereof may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Hokm, access to the Website may be interrupted, suspended or terminated from time to time.  Hokm shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the Website itself, Content, hours of availability and equipment needed for access or use.


2.2 Registration and Passwords

At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website.  To the extent that we do require a password and registration details, the details you provide must be correct, current, and complete.  If Hokm believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any.  You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s).  Hokm shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Hokm, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.  You agree to notify us immediately of any unauthorized use of your password(s).  We reserve the absolute right not to issue a password to any person or entity.

2.3 Restricted Rights. 

The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights.  Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

3. Warranty Disclaimers. 

THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  HOKM, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS.  IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4. Limitations on Liability and Remedies

Hokm'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Hokm (INCLUDING WITHOUT LIMITATION YOUR USE OF THE Website) IS TO DISCONTINUE YOUR USE OF THE Website.  Hokm SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS Website OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH Hokm.  THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Hokm HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Hokm’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORceaBLE IN AN APPLICABLE JURISDICTION, The maximum liability of Hokm will be limited to THE correction or deletion of any inaccurate Content or link.

5. Indemnification

You agree to defend, indemnify and hold harmless Hokm and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys’ fees, arising in connection with your use of this Website, breach of this Agreement, or dealings or transactions with other persons resulting from use of this Website. 

6. Term and Termination


6.1 Term

The term of Agreement commences when you access or use the Website, and will continue in effect until terminated by you or Hokm as set forth in this Section 6.

7. Miscellaneous


7.1 Third Party Sites and Other Information. 

This Website contains content, links and other information submitted by third parties over whom Hokm has no control or responsibility, as well as translations thereof which Hokm may arrange.  Hokm has no obligation to monitor, control or restrict the use of this Website, or third party applications or websites accessible via links on this Website.  These other sites are not under Hokm’s control, and you acknowledge that (whether or not such sites are affiliated in any way with Hokm) Hokm is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Hokm or any association with its operators.  


7.2 Privacy Policy. 

Hokm is concerned about privacy and has developed a policy to address privacy concerns (the “Privacy Policy”) [insert link].  The Privacy Policy is hereby incorporated into this Agreement by reference, and constitutes a part of this Agreement.


7.3 Dispute Resolution; Applicable Law and Forum.

With respect to any and all disputes arising out of or in connection with this Website or this Agreement (including without limitation the Privacy Policy), Hokm and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.  Hokm has no obligation to become involved in any dispute between a user and any other person, including a third party for which the Website may contain a link. This Website, this Agreement and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of California without regard to its conflict of law principles. Hokm and you agree that all disputes arising under this Agreement shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the International Chamber of Commerce (“ICC”) in San Francisco, California or another forum mutually agreed upon by you and Hokm, pursuant to the Commercial Arbitration Rules (“Rules”) of the ICC by sole arbitrator nominated by agreement of you and Hokm and confirmed in accordance with the Rules.  If ICC is not hearing consumer commercial disputes at the time, Hokm may select another arbitral body in its sole discretion.  The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction.  You agree that Hokm is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of this Agreement pending a final arbitral decision.


7.4 Modification of Terms of Use, Etc. 

This Agreement and the Privacy Policy referenced herein constitute the complete agreement between you and Hokm with respect to their subject matter and supersede any prior agreement or communication. This Agreement is subject to amendment, and your continued use of this Website subsequent to Hokm’s notification to you of amendment of this Agreement through an Update shall constitute your agreement to the amendments. If any term or provision of this Agreement shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of this Agreement, or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Hokm shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Agreement.  Your obligations pursuant to this Agreement shall survive termination of any use by you of this Website, any Content on this Website, or this Agreement.


7.5 Contact Information.

If you have any questions regarding this Agreement or this Website, please contact us by email at hokmsupport@hokmtechnology.com.