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Terms of Use

These Terms of Use (“Terms”) apply to www.hexnode.com or any other associated websites by Mitsogo Inc (“Mitsogo”), its subsidiaries and affiliates(“Websites”). This website is owned and operated by Mitsogo. By accessing or using the website, the content and services available through the website, you signify that you have read, understood and agree to be bound by these Terms in all respects with respect to the website.

If you are using this website on behalf of a corporation or other organisation, you represent and warrant that you have the authority to bind such entity and its affiliates to these terms. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using the website. The contents the website is for informational purposes only and are not meant to be construed as professional advice.

Mitsogo reserves the right to update or modify these Terms at any time without prior notice to the user. You, shall at all times, be responsible for regularly reviewing the terms of use. Your use of the website following any such change constitutes your unconditional agreement to follow and be bound by these Terms as changed. For this reason, we encourage you to review these Terms whenever you use the website.

PRIVACY POLICY

Mitsogo Inc. respects the privacy of its Website users. Please refer to the Company’s Privacy Policy (found here: https://www.hexnode.com/privacy-policy/ ) which explains how we collect, use, and disclose information that pertains to your privacy. When you access our Website, you signify your agreement to this Privacy Policy.

USE RESTRICTIONS

When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available our website. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

Your permission to use this website is conditioned upon the following use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:

  • Post, transmit or otherwise make available through the website any content or information that are or may be false, malicious, abusive, threatening, harassing, indecent, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • Use the website for any unlawful purpose or for the promotion of illegal activities;
  • Misuse the website by introducing viruses, worms, trojans or anything of the similar nature that may be harmful.
  • Reproduce, adapt, modify, distribute or make derivate works of the website or otherwise exploit any portion of the site except as expressly authorised herein, without Mitsogo’s express consent.
  • Post, transmit or otherwise make available through the website any material protected by Copyright law or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • Attempt to harass, abuse or harm another person or group;
  • Remove any copyright, trademark or other proprietary rights notice on the website or in any other content that you access through the website.
  • Use another user’s account without permission or restrict any other person from using the website.
  • Transfer the content to another person, Frame or "mirror" the contents on any other server.
  • Provide false or inaccurate information when registering an account;
  • Interfere or attempt to interfere with the proper functioning of the Service;
  • Use the website for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • Bypass any robot exclusion headers or other measures we take to restrict access to our website or use any software, technology, or device to scrape, spider, or crawl the Website or harvest or collect information about users of the websites without Mitsogo’s express consent or manipulate data; or
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, and if needed, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of this Website is solely your responsibility. Mitsogo is not responsible for any public display or misuse of your User Content. Mitsogo does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Website.

USE LICENSE

Permission is granted to temporarily download one copy of the content (information or software) on Mitsogo’s website for personal, non-commercial transitory viewing only, unless specifically licensed to do otherwise by Mitsogo in writing or any licensed terms that are provided by Mitsogo. This is the grant of a license, not a transfer of title. The contents in the website are copyrighted and hence any unauthorized use of any contents from the website is not permissible.

We may suspend, restrict or terminate your use of our website, without any notice, if you breach any term or conditions mentioned in this Terms or if we are required to do so for any legal reasons.

DISCLAIMER

The contents on Mitsogo’s website are provided on an 'as is' basis. Mitsogo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Mitsogo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the contents on its website or otherwise relating to such contents or on any sites linked to this site.

Mitsogo does not warrant that the website will be constantly available, or available at all; website will be free from bugs or viruses; Information on this website is complete, true accurate or non-misleading;

The contents appearing on Mitsogo’s website could include technical, typographical, or photographic errors. Mitsogo does not warrant that any of the contents on its website are accurate, complete or current. Mitsogo may make changes to the contents contained on its website at any time without notice. However, Mitsogo does not make any commitment to update the contents.

Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Mitsogo, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Mitsogo takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts on our website. Under no circumstances will Mitsogo be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though Mitsogo strives to enforce these Terms, you may be exposed User Content that is inaccurate or objectionable. Mitsogo reserves the right, but has no obligation, to monitor the contents posted in the public areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.

LINKS TO OTHER SITES

Mitsogo has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. This website may contain links to any other third party web-sites and these are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement on our website. If you decide to access any of the Third party websites linked to by our website, you do this entirely at your own risk. If you decide to leave our website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that we retain ownership of all intellectual property and all contents in the website including but not limited to Marks, Logos, Source Codes, Technologies and all other proprietary rights. Other product and company names that are mentioned on the Website may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Mitsogo be liable to you or any third party for any direct, indirect, incidental, special, consequential damages, including without limiting damages for error or interruption of use, loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; or lost profits or revenues, goodwill. In no event will Mitsogo’s total liability to you exceed the total amount of fees paid to company by you under this agreement for the 12 month period prior to the date of the claim, in each case, whether or not a party has been advised of the possibility of such damages.

INDEMNIFICATION 

You agree to indemnify, and hold Mitsogo, its directors, employees, officers, agents, subsidiaries and affiliates, successors, harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges, expenses and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement made against Mitsogo by any third party due to or arising out of your use of the website.

USER CONSENT FOR COMMUNICATION

For contractual purposes, you (a) consent to receive communications from Mitsogo Inc. in an electronic form via the email address you have submitted; and (b) agree that all terms, agreements, notices, disclosures, and other communications that Mitsogo Inc. provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address, to send you other messages, including newsletters or promotions and announcements. You may opt out of such email by changing your account settings or sending an email to support@hexnode.com

GENERAL TERMS

These terms, including but not limited to the Privacy policy and Cookie Policy constitutes the entire Agreement between Mitsogo and you with respect to your use of the website; If any provision of this terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable; All matters relating to your access or use of this website, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflict of law's provisions; You may not use or export or re-export any content or any product or service offered on the website in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority; Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS OF USE.