Terms and Conditions of Use

HotSpotGot.Terms.Conditions.18.01.25

INTRODUCTION

PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE

By accessing and using http://www.hotspotgot.com / (hereinafter “this site”) and associated applications for your iPad, iPhone or other mobile devices (hereinafter “applications”), you confirm your agreement to these Terms of Use and the Privacy Policy.

If you are not of legal age to form a binding contract, i.e., you are considered a minor in your state, then you must get your parent or guardian to read these terms and agree to them for you, before you using the site and associated applications. Please review this agreement with your parent or guardian so that you both understand how the site and applications work and what restrictions apply to your use of our website.

If you do not agree to or do not want to be bound by these Terms of Use, you are not authorized to use this site and should immediately exit this site, and delete all applications from your mobile devices.

ELIGIBILITY

By visiting this site, downloading any applications, or accepting these Terms of Use, you represent and warrant to HotSpotGOT, LLC.  (hereinafter “HotSpotGOT” that you have reached the age of majority in your jurisdiction or are using this site under the supervision of a parent, legal guardian, or other responsible adult, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to HotSpotGOT that you will use this site and associated applications in a manner consistent with any and all applicable laws and regulations.

OWNERSHIP

All content included on this site and applications, including, without limitation, text, graphics, images, designs, artwork, photographs, logos, trademarks, audio or video clips, digital downloads, data compilations and software, is the property of, or licensed to, HotSpotGOT or is the property of HotSpotGOT’s content suppliers or licensors and protected by the laws of the United States and other countries and international treaties. The compilation of all content of this site and associated applications are the property of HotSpotGOT and is protected by the laws of the United States and other countries and international treaties. You are advised that HotSpotGOT will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include the seeking of criminal prosecution.

 

LICENSE AND SITE USE

HotSpotGOT, LLC grants you a limited license to access and make personal, non-commercial use of this site, and associated applications. You are not permitted to download any material (including, without limitation, software, text, graphics or other content), except for printing single copies of pages (for personal, non-commercial use provided that all copyright and proprietary notices are maintained), frame, or link to any page within or modify this site, or any application. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce to a human-readable form any software or application that you are permitted to download from this site, except as may be permitted by law. You further agree not to interfere or attempt to interfere with the proper working of this site, or any application. All rights not expressly granted to you above, including ownership and title, are reserved for the owner and not transferred or licensed to you.

Any submissions of communications or material you transmit to this site or HotSpotGOT will be treated as non-confidential and non-proprietary. Any submissions you transmit or post to this site may be used by HotSpotGOT or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HotSpotGOT is free to use any ideas, concepts, know-how, or techniques contained in any submission you send to this site or HotSpotGOT for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information. You hereby agree and represent to HotSpotGOT that you own or have been granted the necessary intellectual property and other rights in any submissions (including, without limitation, a waiver of any applicable moral rights) to grant such license to HotSpotGOT and that HotSpotGOT shall not be liable for any use or disclosure of any submissions. HotSpotGOT will use your submissions in accordance with HotSpotGOT’s Privacy Policy. However, HotSpotGOT shall be entitled to unrestricted use of the submissions for any purpose whatsoever, commercial or otherwise, without notice to or compensation to the provider of the submissions.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, post hyperlinks to any other sites which may contain such inappropriate content or offer such inappropriate activities, or otherwise violate any law. HotSpotGOT will fully cooperate with any law enforcement authorities or court order requesting or directing [HotSpotGOT to disclose the identity of anyone posting any such information or materials.

CONTENT LINKED TO THIS SITE

HotSpotGOT may provide links to other web sites or applications for your convenience.  However, HotSpotGOT has not necessarily reviewed all of the web sites or applications linked to this site and is not responsible for the contents of any off-site pages, applications, or any other sites linked to this site. Your linking to any other off-site pages, applications, or other sites is at your own risk. Consequently, HotSpotGOT cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material linked to this site.

 

DISCLAIMER

THE MATERIALS IN THIS SITE AND ASSOCIATED APPLICATIONS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HotSpotGot, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HotSpotGot, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE AND APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HotSpotGot, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOUR ACCOUNT

If you use this site and/or application, you are responsible for maintaining the confidentiality of account information, credit card information, usernames, passwords and IDs that may be required to use the site and for restricting access to your computer or other devices.  You further agree that you are responsible for all activity that occurs under or with the use of your Account Information (including, without limitation, usernames and password). You agree to notify HotSpotGOT immediately of any unauthorized use of your account or password, or any other breach of security. HotSpotGOT reserves the right in its sole discretion to refuse access to this site or the products and services provided through it, terminate accounts and usage rights, edit or remove content or submissions to this site and cancel orders or requests for materials made through this site.

INDEMNIFICATION

You agree to indemnify, defend and hold HotSpotGOT and HotSpotGOT’s affiliated companies and their respective officers, directors, employees and agents harmless from and against any third-party claims, demands, actions, suits, proceedings, liabilities, damages, losses, judgments and expenses (including, but not limited to, the costs of collection, reasonable attorneys’ fees and other reasonable costs of defense or enforcing your obligations hereunder) resulting from or arising out of any breach or non-compliance by you of these Terms of Use, any of your representations or misuse of this site or of any site linking to this site, and any claim brought by persons or entities (other than the parties to this Agreement) arising from or related to your access to and use of this site. You shall use your best efforts to cooperate with us in the defense of any claim.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL HotSpotGOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE ACCESS TO, USE OF, OR THE INABILITY TO ACCESS OR USE, THIS SITE , ASSOCIATED APPLICATIONS, OR MATERIALS ON THIS SITE, EVEN IF HotSpotGot, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL HotSpotGot, LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT OR IN TORT EXCEED THE AMOUNT OF YOUR ACTUAL AND PROVEN DAMAGES.

JURISDICTIONAL ISSUES

You agree that all matters relating to your access to or use of this site or associated applications, including all disputes, will be governed by the laws of the United States and by the laws of the State of New Jersey without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts of Hudson County, New Jersey, and waive any objection to such jurisdiction or venue. If you are a user based outside the United States, you may make a claim in the courts of the country where you reside. However, HotSpotGOT makes no representation that materials on this site are appropriate or available for use in any particular location. Those who choose to access and use this site do so on their own initiative and are responsible for compliance with federal, state, and local laws, rules, codes, regulations and ordinances, as applicable.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

TERMINATION

These Terms of Use are effective until terminated by either party. You may terminate at any time by discontinuing use of this site. Your access to this site may be terminated immediately without notice from us for any reason. Upon such termination, you must cease use of this site and destroy all applications and materials obtained from such site and all copies thereof, whether made under the terms of these Terms of Use or otherwise.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512, HotSpotGOT reserves the right to terminate your license to use the site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the material or activity is ultimately determined to be infringing. In addition, pursuant to 17 U.S.C. Section 512(c), HotSpotGot, LLC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All notifications of claimed infringement should be sent to info@hotspotgot.com

In the event that HotSpotGOT receives a complaint that the contents of a page infringe intellectual property rights other than Copyright, HotSpotGOT will take such steps in its sole discretion it believes to be appropriate under the circumstances.  All notifications of claimed infringement should be sent to info@hotspotgot.com

CHANGES TO TERMS AND CONDITIONS

HotSpotGOT reserves the right, at our discretion, to amend the Terms of Use, and to change, add, remove, or otherwise modify any aspect, content or feature of this site at any time. Please check these Terms of Use periodically for any changes. Your continued use of this site and appplications following the posting of changes to these Terms of Use shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.

 

GENERAL PROVISIONS

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between us relating to the subject matter herein, supersede all prior or contemporaneous communications and proposals, whether oral or written, and shall not be modified except in writing, signed by both parties.  HotSpotGOT’s failure to enforce strict performance of these Terms of Use shall not be construed as a waiver by HotSpotGOT of any provision or any right it has to enforce these Terms of Use. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of HotSpotGOT. Any assignment of the foregoing other than as provided for in this section shall be null and void. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party.