Last updated: April 16, 2010
Welcome to Hanlexon!
1.1 Your use of Hanlexon's products, software, services and websites (referred to collectively as the "Services") is subject to the terms of a legal agreement between you and Hanlexon. "Hanlexon" means Hanlexon Inc. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with Hanlexon, your agreement with Hanlexon will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 Your agreement with Hanlexon will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and Hanlexon in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Hanlexon, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3.1 Where Hanlexon has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Hanlexon.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4.2 Hanlexon is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Hanlexon provides may change from time to time without prior notice to you.
4.3 As part of this continuing innovation, you acknowledge and agree that Hanlexon may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Hanlexon's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Hanlexon when you stop using the Services.
4.4 You acknowledge and agree that if Hanlexon disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4.5 You acknowledge and agree that while Hanlexon may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, such fixed upper limits may be set by Hanlexon at any time, at Hanlexon's discretion.
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Hanlexon will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Hanlexon, unless you have been specifically allowed to do so in a separate agreement with Hanlexon. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with Hanlexon, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that Hanlexon has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
6.2 Accordingly, you agree that you will be solely responsible to Hanlexon for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Hanlexon immediately at admin@hanlexon.com.
7.1 For information about Hanlexon's data protection practices, please read Hanlexon's privacy policy. This policy explains how Hanlexon treats your personal information, and protects your privacy, when you use the Services.
7.2 You agree to the use of your data in accordance with Hanlexon's privacy policies.
8.1 You understand that all information (such as data files, written text, computer software, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content unless you have been specifically told that you may do so by Hanlexon or by the owners of that Content, in a separate agreement.
8.3 Hanlexon reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that Hanlexon has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services.
9.1 You acknowledge and agree that Hanlexon (or Hanlexon's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain information which is designated confidential by Hanlexon and that you shall not disclose such information without Hanlexon's prior written consent.
9.2 Unless you have agreed otherwise in writing with Hanlexon, nothing in the Terms gives you a right to use any of Hanlexon's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
9.4 Hanlexon acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content. Unless you have agreed otherwise in writing with Hanlexon, you agree that you are responsible for protecting and enforcing those rights and that Hanlexon has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10.1 Hanlexon gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Hanlexon as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Hanlexon, in the manner permitted by the Terms.
10.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Hanlexon, in writing.
10.3 Unless Hanlexon has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
11.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Hanlexon a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Hanlexon to display, distribute and promote the Services.
11.2 You agree that this license includes a right for Hanlexon to make such Content available to other companies, organizations or individuals with whom Hanlexon has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
11.3 You understand that Hanlexon, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media.
11.4 You confirm and warrant to Hanlexon that you have all the rights, power and authority necessary to grant the above license.
12.1 The Software which you use may automatically download and install updates from time to time from Hanlexon. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.
13.1 The Terms will continue to apply until terminated by either you or Hanlexon as set out below.
13.2 If you want to terminate your legal agreement with Hanlexon, you may do so by (a) notifying Hanlexon at any time and (b) closing your accounts for all of the Services which you use. Your notice should be sent in writing to admin@hanlexon.com.
13.3 Hanlexon may at any time, terminate its legal agreement with you if:
13.4 Nothing in this Section shall affect Hanlexon's rights regarding provision of Services under Section 4 of the Terms.
13.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Hanlexon have benefited from, been subject to, or which are expressed to continue indefinitely, shall be unaffected by this cessation.
14.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT Hanlexon'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
14.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
14.3 IN PARTICULAR, Hanlexon, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
14.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE 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.
14.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Hanlexon OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6 Hanlexon FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15.1 SUBJECT TO THE OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Hanlexon, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
15.2 THE LIMITATIONS ON Hanlexon'S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Hanlexon HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16.1 Hanlexon may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, Hanlexon will make a new copy of the Universal Terms available at www.hanlexon.com/terms.html.
16.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, Hanlexon will treat your use as acceptance of the updated Terms.
17.1 Sometimes when you use the Services, you may use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
17.2 The Terms constitute the whole legal agreement between you and Hanlexon and govern your use of the Services, and completely replace any prior agreements between you and Hanlexon in relation to the Services.
17.3 You agree that Hanlexon may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
17.4 You agree that if Hanlexon does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of Hanlexon's rights and that those rights or remedies will still be available to Hanlexon.
17.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
17.6 The Terms, and your relationship with Hanlexon under the Terms, shall be governed by the laws of the State of Oregon without regard to its conflict of laws provisions. You and Hanlexon agree to submit to the exclusive jurisdiction of the courts located within the county of Multnomah, Oregon to resolve any legal matter arising from the Terms.
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