Terms Of Use

Last updated: November 20, 2018

GENERAL

Hammerstone, Hammerstone Inc, Catena Media Financials us LLC meaning (“Company” or “we” or “us” or “our”) is a part of the Catena Media group, engaged in lead generation online and content publishing regarding financial information and services. Catena Media group has its headquarters in Malta with subsidiaries in several countries worldwide.

Hammerstone Inc. (“Company” or “we” or “us” or “our”) respects the privacy of its users (“user” or “you”) that use our website located at www.thehammerstone.com, and www.hammerstonemarkets.com including other media forms, media channels, mobile website or mobile application related or connected thereto (collectively, the “Website”). The following Company privacy policy (“Privacy Policy”) is designed to inform you, as a user of the Website, about the types of information that Company may gather about or collect from you in connection with your use of the Website.

The Hammerstone digital platform (the “Platform”). The Platform is operated by Catena Media Financials US Inc. and its affiliates (“Hammerstone”) and is accessible through Hammerstone’s websites (including www.thehammerstone.com),and www.hammerstonemarkets.com any smartphone applications, tablet applications, and Hammerstone’s other network-connected products and services that link to these Terms of Use, as well as by and through Hammerstone emails and social media pages. The following terms and conditions (“Terms”) govern the use of the Platform by you or your company (hereinafter referred to as “you”).

By accessing, viewing, or using the content, material, products, or services available on or through the Platform (collectively, the “Services“), you certify that you have read, understand, and agree to be legally bound by these Terms, as well as Hammerstone’sPrivacy Policy which is incorporated by reference as if fully set forth herein. If you access any content, services, products, or benefits in connection with the Platform on behalf of a company or organization, you represent that you are an employee or agent of that company or organization, that you have full power and authority to bind that company or organization to these Terms, and that such company or organization shall be legally bound by reason of your acceptance of these Terms.  You further certify that you are 18 years of age or older and that you have all the necessary rights, power and authority to enter into these Terms and perform the obligations set forth herein. You understand and agree that your use of the Platform or any Services made available on or through the Platform signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use the Platform or the Services and must exit immediately.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please email Hammerstone at:[email protected] You can also reach Hammerstone at 225 Main St., Suite 301, Westport, CT 06880.

 

  1. License to use the Platform

Subject to these Terms, Hammerstone hereby grants you a single, limited, terminable, revocable, royalty-free, non-exclusive, nontransferable, nonsublicenseable license to access and use the Platform solely for informational purposes. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, telecommunications applications and providers, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, any software, applications, or other materials, including the Platform, made available to you is the copyrighted work of Hammerstone or its licensors. Copying or distributing the Platform or the Platform Content (as defined below) is expressly prohibited.

 

  1. Registration

In order to access certain content, material, products, or services on the Platform, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms, and may then be asked to select or submit a user name and password. You may also be required to provide Hammerstonewith certain information about yourself, including some types of personally identifiable information, such as your legal name, phone number, physical address, and email address. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Hammerstone will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.  You are responsible for notifying Hammerstone of any malfunctioning of your password or account login or other problems with your use of the Platform.

If and when you elect to purchase a subscription to certain Services through the Platform, you will be required to provide other personal information, such as a billing address and other payment details. Additional information may be collected by Hammerstone or its third party service providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to Hammerstonevia the Platform or otherwise is true, valid, complete, and up-to-date in all respects, and you confirm that you are the person referred to in the shipping and billing information provided. Should any of the information you provide on the Platform change, please login to your account and update such information directly on the Platform.

Any personal information that you provide to Hammerstonevia the Platform is subject to Hammerstone’sPrivacy Policy.

 

  1. Subscriptions and other Purchases

Some products or services made available through the Platform, including any subscription services, may be available for purchase. By purchasing products or services made available through the Platform, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract and that you agree to these Terms and any additional terms presented to you at the time of purchase (including any additional subscription terms). If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms and the Privacy Policy, and register or place an order on your behalf.

Charges for any subscription services will be calculated based upon the subscription package selected, and are applicable to the current version of the package selected. Upgrades to those packages may be subject to additional charges. Fees may be prorated for portions of months.  Use of any subscription service beyond the free trial period or without proper authorization may result in additional charges to your billing or credit card account. Fees and payment terms are subject to change upon notice by Hammerstone to you.

YOU CAN CANCEL AT ANY TIME WITH JUST 30 DAYS NOTICE. If you do not cancel, the monthly subscription packages shall continue to renew monthly until written termination notification is received from you, this should be done by email to [email protected] –  Hammerstone may terminate your subscription at any time if you violate any provision of these Terms, including if you fail to pay any fees when due.

Hammerstone may use a third party payment processor to process credit card transactions made through the Platform. If you purchase products or services from Hammerstone or make any payments via the Platform with your credit card, the credit card information that you submit will be protected by encryption, such as with the Secure Socket Layer (“SSL”) protocol. Encryption decreases the likelihood that your credit card information will be stolen or intercepted during transmission.

You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Hammerstone does not receive payment for a purchase, Hammerstone may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. Hammerstone may also charge you a late payment charge of one and one half percent per month. You are also responsible for paying any governmental taxes imposed in connection with use of the Platform or the purchase or any products or services made available through the Platform, including sales, use, and excise taxes (excluding only taxes on Hammerstone’s net income).To the extent that Hammerstone is obligated to collect such taxes, the applicable tax will be added to your billing account.

All purchases through the Platform are nonrefundable, regardless of use or lack of use by you and regardless of whether you cancel a subscription prior to the end of the term. All refunds will be made in Hammerstone’s sole discretion. Once a charge has been processed to your credit card or wireless account, you shall not request that your credit card or mobile carrier company reverse the charge or charge it back to Hammerstone. If you have a legitimate basis to request a credit for a charge previously processed against your credit card account, you may request a credit from Hammerstone by written notice and resolve the issue directly with Hammerstone. Any reversed charges that cause the credit card company to impose a charge back, refund, or credit cost against Hammerstone shall be reimposed by Hammerstone upon you. Such costs may exceed the cost of the reversed item or charge back by many times.

 

  1. General Restrictions on Use

You agree to use the Platform and the Services only for purposes that are permitted by these Terms in compliance with all applicable laws, regulations, and generally accepted practices and guidelines in the relevant jurisdictions. You may only use the Platform and Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

YOU WILL NOT(AND WILL NOT ATTEMPT TO):

  1. REPRODUCE, DUPLICATE, COPY, SELL, TRADE, OR RESELL ANY ASPECT OF THE PLATFORM OR THE SERVICES FOR ANY PURPOSE, INCLUDING COMMERCIAL PURPOSES;
  2. Redistribute any of the Platform Content or in any way modify any materials, documents, or graphics on the Platform;
  3. Access the Platform or any of the Services by any means other than through the interface that is provided by Hammerstone, or use your access to the Platform (or a directory associated with the Platform) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Platform;
  4. Gain unauthorized access to Hammerstone’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Platform, the Services, or Hammerstone’s networks and computer systems;
  5. Access the Platform or any of the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers, data mining, scraping, robots, spiders, or any other data gathering or extraction tools), except to the extent the Platform is indexed by general purpose consumer-accessible search engines, such as Google, Yahoo, MSN, or Bing;
  6. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including commercial purposes;
  7. Upload, post, or otherwise transmit, through the Platform, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, including the solicitation of users to become subscribers of other online information services competitive with Hammerstone;
  8. In any way imply that Hammerstone endorses you or your products or services or has any affiliation with you or otherwise misrepresent your relationship with Hammerstone or present false information about Hammerstone; and
  9. Reproduce, duplicate, copy, sell, trade, or resell any products or services bearing any trademark, service mark, trade name, logo, or other signifier owned by Hammerstone in a way that is likely or intended to cause confusion about the owner or authorized user of materials.

Certain features of and certain Services made available through the Platform may be subject to further restrictions, including any features provided in connection with third party vendors. These additional terms will be made available to you via a link in these Terms or at the time when you first access those features or Services.

 

  1. Content on the Platform

As between you and Hammerstone, Hammerstone owns or licenses all information and materials, including data, maps, logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Platform (“Platform Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Platform Content. All Platform Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on the Platform or on any Platform Content. As between you and Hammerstone, all names, trademarks, symbols, slogans, or logos appearing on the Platform (including the HAMMERSTONE THE HAMMERSTONE REPORT, and ACTIONABLE CONTEXT trademarks) are proprietary to Hammerstone or its licensors or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Platform Content, other than the right to use the Platform Content in accordance with these Terms.

Certain features of the Platform, including any chat rooms and bulletin boards, may allow you to contribute information, data, feedback, images, and other materials to the Platform for access, use, viewing, and commentary by other users of the Platform (collectively, “User Content”). By posting User Content to the Platform or otherwise submitting User Content to Hammerstone, you represent that you have the full legal right to provide the User Content and that use of the User Content by Hammerstone on the Platform, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement, or promote or provide instructional information about illegal activities, promote physical harm, or injury against any group or individual, or promote any act of cruelty to animals, including instructions on how to assemble bombs, grenades, and other weapons or how to use or obtain illegal drugs; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (d) impersonate any person or entity or falsely state or otherwise imply an affiliation with a person or entity, or include any falsified, composite, or otherwise non-authentic depictions of events, locations, landmarks, entities or persons; (e) contain or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) be obscene, child pornographic, or indecent; (g) violate any community or Internet standard; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Content or other material or information to Hammerstone, you grant Hammerstone a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the User Content, all without any compensation to you whatsoever. For avoidance of doubt, Hammerstone shall be under no obligation to: (1) maintain any User Content in confidence; (2) compensate you in any way for your User Content; or (3) respond to any User Content.

Hammerstone accepts no responsibility and makes no representations about the suitability of any User Content made available by you or others on the Platform or through the Services for any purpose nor about its legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, completeness, or correctness.  The opinions expressed on or in any forum, bulletin board, chat room, or blog post are those of the contributing individuals and do not necessarily reflect the views of, nor are endorsed by Hammerstone. User Content may be incorrect or contain typographical and other inaccuracies.

Pursuant to Section 230 of the Communications Decency Act, Hammerstone is passing along this notice to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information is available at http://en.wikipedia.org/wiki/Content-control_software.

If you would like to request the right to reprint or re-distribute any Platform Content or other information and materials made available through the Platform, please contact via the methods described in the preamble to these Terms.

 

  1. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including those that relate to investment-related data, pricing, promotions, offers, and availability. Hammerstone reserves the right to correct any errors, inaccuracies, or omissions and to change or update information if any information on the Platform is inaccurate at any time without prior notice. Hammerstone cannot and will not review all communications, products, or services made available on or through the Platform. Although not obligated to do so, Hammerstone may, however, review, verify, make changes to the Platform or remove any User Content and Platform Content, with or without notice in Hammerstone’s sole discretion.

 

  1. No Investment Advice Disclaimers; Risks You Assume

AGREE THAT HAMMERSTONE, CATENA MEDIA FINANCIALS US LLC,  AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACTION YOU TAKE OR ANY DECISION YOU MAKE IN RELIANCE ON THE PLATFORM, THE SERVICES, THE PLATFORM CONTENT, AND/OR ANY USER CONTENT.  WE MAKE NO GUARANTEES, PROMISES OR ASSURANCES REGARDING THE PLATFORM OR SERVICES OR REGARDING ANY PLATFORM CONTENT OR USER CONTENT. HAMMERSTONE DOES NOT ASSURE YOU THAT THE SERVICES WILL LEAD TO PROFITABLE INVESTMENTS.  YOU MAY LOSE ALL YOUR MONEY IF YOU MAKE INVESTMENTS BASED ON THE PLATFORM CONTENT OR BASED ON USER CONTENT ON THE PLATFORM. YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SERVICES.  YOU ALONE ARE RESPONSIBLE FOR ANY ACTION YOU TAKE OR DECISION YOU MAKE IN RELIANCE ON THE PLATFORM.

ALL PLATFORM CONTENT IS FOR INFORMATIONAL PURPOSES ONLY.  NOTHING ON THE PLATFORM SOLICITS AN OFFER TO BUY OR SELL SECURITIES UNLESS DONE THROUGH THE AVAILABILITY OF A PROSPECTUS OR OTHER OFFICIAL OFFERING DOCUMENT.  NOTHING ON THE PLATFORM IS A RECOMMENDATION THAT YOU PURCHASE, SELL OR HOLD ANY SECURITY OR OTHER INVESTMENT, OR THAT YOU PURSUE ANY INVESTMENT STYLE OR STRATEGY. NOTHING ON THE PLATFORM IS INTENDED TO BE, AND YOU SHOULD NOT CONSIDER ANYTHING ON THE PLATFORM TO BE, AN INDIVIDUALIZED INVESTMENT RECOMMENDATION OR ACCOUNTING, TAX OR LEGAL ADVICE.  WE DO NOT GIVE INDIVIDUALIZED INVESTMENT RECOMMENDATIONS OR ACCOUNTING, TAX OR LEGAL ADVICE ON OR THROUGH THE PLATFORM. ALWAYS CONSULT YOUR OWN FINANCIAL ADVISOR WHEN MAKING AN INVESTMENT DECISION. HAMMERSTONE IS NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY THESE OR OTHER RISKS.

There are various risks you assume in using the Services.  There are many market, currency, economic, political, business, technological and other risks that are beyond our control. The Services may not meet your specific needs or requirements. You must make your own independent investment decisions. You should never take any user’s opinions seriously.  The past performance of any investment, investment strategy or investment style is not indicative of future performance.  Some Platform Content comes from third parties. We believe that these third parties are reliable but we are not responsible for any third party information. We make reasonable efforts to provide up-to-date Platform Content, but at times we may not promptly update or correct the Services even if we are aware that it is inaccurate, outdated or otherwise inappropriate. We may change any portion of the Services at any time without notice to you.

 

  1. Hammerstone Conflicts of Interest

We may have conflicts of interest with respect to any securities mentioned on the Platform.  Hammerstone, its affiliates, and/or our or their respective officers and employees may acquire, hold or sell a position in any securities mentioned on the Platform or through the Services at ANY TIME, or have a corporate finance relationship with any companies mentioned on the Platform or through the Services. Hammerstone and its affiliates may act as a principals for their own accounts or as agents for both the buyer and seller in connection with the purchase or sale of any securities mentioned on the Platform or through the Services.  Hammerstone and its affiliates and/or our or their respective their officers and employees are NOT acting as investment advisers.

 

  1. Disclaimers and Warranties

Hammerstone expressly disclaims, to the fullest extent permitted by law, any express or implied warranties that the: (i) Platform, Services, Platform Content, goods, advice, information, or links provided on the Platform will meet your requirements; (ii) Platform and Services will be uninterrupted, timely, secure, or free from error; (iii) defects or flaws in the operation or functionality of any software provided to you as part of the Services will be corrected; and (iv) Platform, Platform Content, goods, services, advice, or information displayed on the Platform will meet your requirements. Hammerstone further disclaims any warranties or other guarantees regarding the Platform, Platform Content, goods, services, advice, information, or links provided by any third parties or users, including the User Content. No advice or information, whether oral or written, obtained by you from Hammerstone (whether through the Platform or otherwise) shall create any warranty not expressly stated in these Terms.

You understand that the technical processing and transmission of any Platform Content and User Content may be transferred unencrypted and involve transmissions over various networks and may require changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that Hammerstone does not guarantee that any information sent to or from the Platform will be secure during transmission, nor can Hammerstone guarantee the confidentiality of any communication or material transmitted to Hammerstonevia the Platform or the Internet in general, including, for example, personal information such as your name or address. Hammerstone assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or alteration of, or unauthorized access to any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to you or to any person’s computer or other device related to or resulting from use of the Services or the Platform.

No conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose, or conformance with description) apply to the Platform, Platform Content, and/or Services, except to the extent that they are expressly set out in these Terms. THE PLATFORM, PLATFORM CONTENT, USER CONTENT, SERVICES, PRODUCTS, INFORMATION, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.”

 

  1. Limitation of Liability

IN NO EVENT WILL HAMMERSTONE BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL HAMMERSTONE’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF HAMMERSTONE AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS.

Without limiting the foregoing, you understand and acknowledge that Hammerstone shall not be liable to you for:

  1. Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Platform or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or
  2. Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy, or existence of any information or materials made available through the Platform, including any advertising; (ii) any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Platform or the Services; (iii) any changes that Hammerstone may make to the Platform or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iv) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Platform or the Services; (v) the use of any products or services obtained on or through the Platform; or (v) any other matter relating to the Platform, the Services, the Platform Content, or the User Content.

The limitations on Hammerstone’s liability to you in this Section 10 shall apply whether or not Hammerstone has been advised of or should have been aware of the possibility of any such losses arising.

IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.

 

  1. Indemnity

You agree to defend, indemnify, and hold harmless Hammerstone, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Platform and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including intellectual property or privacy rights; or (iv) the use by of the Platform by any person using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Platform and Services. Hammerstone reserves the right, at Hammerstone’sown expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 11 without the prior written consent of Hammerstone.

 

  1. Features Provided by and Links to Third Parties

The Platform may contain links to other websites or feature services of third parties for the convenience of user, including services that allow Platform Content to be delivered through third party distribution channels. These third party websites and services may be available on the Platform via a link, redirect, connect, “frame,” plug-ins, integrated application, or other technology, and may be recognized automatically by your browser. Links to other online services may use Hammerstone’slogos and/or look-and-feel as a result of a co-branding agreement.  In order to utilize some aspects of the Platform and Services, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Hammerstone’sthird party service providers, suppliers, and licensors.

To the extent applicable, these Terms shall apply, but please be aware that Hammerstone has no control over these third parties. Hammerstonedoes not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites or services is at your own risk, and subject to the terms and conditions of such third parties. Hammerstone encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter. Hammerstone may provide you with additional third-party provider terms of use where applicable to your use of a particular feature, function, or other element of the Platform or Services, which (for the avoidance of doubt) are in addition to these Terms and apply only to that particular feature, function, or another element of the Platform or Services addressed by them.

 

  1. Privacy

Your privacy is a priority for Hammerstone. Any personal information that you provide to Hammerstone, or that is collected from you, via the Platform is subject to Hammerstone’sPrivacy Policy.

 

  1. Copyright Infringement Complaint Procedures

If you believe that any content or other information and materials made available through the Platform violates your intellectual property or other rights, please notify Hammerstone at [[email protected]] with a comprehensive detailed message setting forth the following information:

  1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed;
  2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled;
  3. A description of where the alleged infringing material(s) is located on the Platform (include a URL if possible);
  4. Sufficient contact information regarding the copyright owner or agents, such as your physical address, e-mail address, website, telephone number, and fax number; and
  5. The following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

 

  1. Dispute Resolution

Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”). Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. The arbitration shall take place in Hartford, Connecticut unless Hammerstone elects otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Connecticut. The arbitrator shall not be bound by rulings in prior arbitrations involving different Hammerstone users, but is bound by rulings in prior arbitrations involving the same Hammerstone user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Hammerstone will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Hammerstone should be submitted by mail to the AAA along with your demand for arbitration and Hammerstone will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of accessing arbitration will be prohibitive as compared to the costs of accessing a court for purposes of pursuing litigation on an individual basis, Hammerstone will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the costs of accessing arbitration from being prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Hammerstone for all fees associated with the arbitration paid by Hammerstone on your behalf that you otherwise would be obligated to pay under the AAA’s rules. If an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

You can choose to reject this agreement to arbitrate by mailing Hammerstone a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty days after the date you accept these Terms for the first time. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street number and address, city, state, and zip code), phone number, and the email address used to log in to the Hammerstone account to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms will continue to apply. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with Hammerstone.

TO THE EXTENT THESE TERMS MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND THE OTHER LANGUAGE, THE ENGLISH VERSION SHALL CONTROL.

 

  1. Operation of the Platform and United States Law

The Platform is controlled and operated from within the United States. Without limiting anything else, Hammerstone makes no representation that the Platform, Platform Content, User Content, services, products, information, or other materials available on, in, or through the Platform is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platform from outside the United States do so on their own will and are responsible for compliance with applicable laws. You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.

The Platform may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States, and any amendment thereof. The Platform, the Platform Content, and all underlying information and technology licensed hereunder shall not be accessed, downloaded, used, possessed, or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation outside the United States) without first complying strictly and fully with all export controls and other applicable laws that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Platform, the Platform Content, or any underlying information or technology. If you have any questions regarding your obligations under the United States of America Export regulations, you should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division and the Bureau of Industry and Security, United States Department of Commerce, Office of Exporter Services. As to other countries, the appropriate officials or agencies should be contacted.

 

  1. Miscellaneous

These Terms, including the Privacy Policy, constitute the entire legal agreement between you and Hammerstone regarding the Platform and govern your use of the Platform, Services, and any transactions you may have with Hammerstone through the Platform. These Terms completely replace and supersedes any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Hammerstone regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Platform conflicts with the terms of these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

You understand that Hammerstone may make changes to these Terms from time to time. Your continued use of the Platform following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Hammerstone will make a new copy of the Terms available on the Platform. You agree that Hammerstone is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay of Hammerstone to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Hammerstone has the benefit of under any applicable law) will not be taken to be a formal waiver of Hammerstone’s rights and that those rights or remedies will still be available to Hammerstone. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

Last Updated: 20th Nov 2018