This General User Agreement ("User Agreement") between you ("User") and Net Horsepower Inc. ("Horsepower") sets out the terms of your use with Horsepower. Individuals within the User's company are bound by these same terms.
- User must provide Horsepower only true and accurate information at all times.
- User shall promptly notify Horsepower of any change in the user's address (mail or email) or personal or business entity profile by updating through Horsepower web site. Failure to notify Horsepower of any address (mail or email) or profile changes may result in the termination of use and loss of unredeemed credits.
- Horsepower reserves the right to request verification of, and user agrees to be subject to verification of, any of the information provided by user for enrollment with and continued use of the services provided by Horsepower.
- User must not impersonate or misrepresent personal or business entity identity.
- Users are responsible for keeping user ID and password secret. Horsepower will not be liable for any loss or damage incurred through the use of a user account by a third party.
- The terms of Horsepower Privacy Assurance Statement are incorporated herein. User agrees to use user information as described in the Privacy Assurance Statement.
- User shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Horsepower. User shall not use robots or scripts with Horsepower. Violation by user will result in termination of user, loss of all accrued credits and bar from future participation with the service of Horsepower. Any decision made by Horsepower relating to termination of user in cases of suspected abuse or violation of its rulers or this User Agreement shall be final and binding. Violators will be subject to appropriate action for damages.
- User shall have the responsibility to comply with all local, regional, state, federal, or country laws that may apply to enrollment and use of Horsepower.
- Merchant, vendor and transportation users shall comply with all local, regional, state and country laws that may apply to the purchase and sale of products and services through Horsepower.
- User may cancel user at anytime by notifying Horsepower.
- To the extent permitted by law, Horsepower may, at its sole discretion and for any or no reason, terminate any User without prior notice for (a) any violation of any provision of this User Agreement; (b) acting against the reputation, business operations or business interests of Horsepower; or (c) any other reason at the sole discretion of Horsepower.
- Horsepower may revise the terms of this Agreement from time to time, at its sole discretion, by updating this posting or otherwise providing notice to Users. User's continued use of the services of Horsepower following posting of the amendment constitutes an acceptance to the modified agreement. User shall review this agreement on Horsepower frequently to look for updated terms. Horsepower will not be responsible if user does not learn of the change in the User Agreement.
Disclaimer of Warranties
- User expressly agrees that the use of Horsepower is at the user's sole risk.
- All services offered by Horsepower to users are provided on an "as is" and "as available" basis.
- HORSEPOWER EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTY OF MECHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. HORSEPOWER MAKES NO WARRANTY THAT HORSEPOWER WILL MEET USERS' REQUIREMENTS; OR THAT HORSEPOWER WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
- HORSEPOWER MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HORSEPOWER OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH HORSEPOWER.
- HORSEPOWER MAKES NO WARRANTY REGUARDING ANY PRODUCTS OR SERVICES SOLD, PURCHASED, OBTAINED OR PERFORMAED BY USERS THROUGH HORSEPOWER OR OUTSIDE OF HORSEPOWER.
- HORSEPOWER MAKES NO WARRANTY REGUARDING ANY USERS ABILITY TO PAY FOR ANY PRODUCTS OR SERVICES PURCHASED THROUGH HORSEPOWER.
- User's relationship with merchants, advertisers, vendors, or transporters found on Horsepower including, without limitations: the kind or quality of goods or services, payment for and delivery or performance of goods or services, entry into and operation of promotions, discounts or contests, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such merchant, advertiser, vendor, or transporter. User shall not hold Horsepower liable for any loss or damage of any sort incurred as the result of the content of goods or services or the performance of services provided by such merchants, advertisers, vendors, or transporters through the services of Horsepower.
- Horsepower neither endorses the contents of messages by third parties, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other facilitated thereby.
- Horsepower neither endorses any goods or services offered, sold, performed by any merchant, vendor, or transporter user nor assumes responsibility for the kind or quality of such goods and services.
- Horsepower shall not be liable or responsible for any guarantees, warranties or representations offered by users or third parties. Advice or information, whether oral or written, obtained by User from Horsepower shall not create any warranty by Horsepower or create any warranty not expressly made therein by such third party or user.
Limitation of Liability
- HORSEPOWER SHALL NOT BE LIABLE FOR ANY DAMAGES, WETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THIS USER AGREEMENT.
- HORSEPOWER SHALL NOT BE LIABLE FOR ANY DAMAGES, WETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES PROVIDED BY HORSEPOWER OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED, SOLD, OBTAINED OR PERFORMED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES PROVIDED BY HORSEPOWER.
- Users agrees to indemnify, defend and hold Horsepower, its affiliates, officers and employees harmless from any claim, demand, expense or damage, including reasonable attorney's fees, relating to use of the services provided by Horsepower or violation of this Agreement.
- User's sole and exclusive remedy when dissatisfied with the services provided by Horsepower is to cancel user with Horsepower.
- This user agreement shall be governed by the law of the State of California, U.S.A., excluding (1) principles of conflict of law principles, and (2) The United Nations Convention on Contracts for the International Sale of Goods, if applicable.
- Any dispute or claim arising out of or relating to this User Agreement shall be finally settled by binding arbitration in Palo Alto, California, under the Commercial Arbitration Rules of the American Arbitration Association by three arbitrators appointed in accordance with said Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
- User and Horsepower agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
- If any part of this Agreement is held by the arbitrators to be unenforceable, then such part shall be given effect to the extent as nearly as possible to reflect the intentions of the parties and the remainder of the agreement shall remain in full force and effect.
- Failure by Horsepower to exercise or enforce any right to provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by horsepower, Inc. in writing.
- This User Agreement is personal to each user and user may not transfer, delegate, or assign this agreement to anyone. Any attempt by User to transfer, assign or delegate shall be null and void.
- Horsepower may assign this Agreement at its sole discretion.
- This User Agreement constitutes the complete and exclusive understanding between Net Horsepower Inc. and User in connection with general user with Horsepower and supersedes all prior or contemporaneous understandings or agreements between the parties regarding the subject matter contained herein.
HOW WE USE INFORMATION
Your personal information will not be released to any third party without your express permission, with the exception of third-party contractors and service providers who work with Horsepower to provide the services offered by Horsepower, and who are strictly prohibited from later use of the information to local, state or federal law enforcement officials when we believe in good faith that the law requires it.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Horsepower cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk.
Your Horsepower Account is password protected. We recommend that you not divulge your password to anyone. Ultimately, you are responsible for maintaining the secrecy of your password, username and any account information.
YOUR ACCEPTANCE OF THESE TERMS