1. Agreement to these terms
These Terms and Conditions are an agreement between you and Hamble Creek Holdings LLC ("Hamble Creek Holdings", "we", "us" or "our"). By using our website, our software products or our text-messaging program (together, the "Services"), you agree to them and to our Privacy Policy. If you do not agree, do not use the Services. If you use a product on behalf of an organization, you confirm you may bind it to these terms.
A product may have its own additional terms, and a contract between us and an organization that uses a product may differ from these terms; in a conflict, the more specific terms apply.
2. The Services
We build and operate multi-tenant software products and a shared platform behind them. Features change over time; we may add, change or remove features, and we may suspend a Service for maintenance or security. Products that are not yet announced are described on the website for information only and are not an offer.
3. Accounts and security
Information you give us must be accurate and kept current. You are responsible for your login details and for what happens under your account; keep them confidential and tell us promptly at the email address below if you think an account has been misused. We may require extra verification for sensitive actions, and we may suspend an account to protect it.
4. Acceptable use
You agree not to:
- break the law or use the Services to harass, threaten, defraud or harm anyone;
- send spam, or send text messages or email without the consent the law requires;
- upload malware, probe or test the security of the Services without our written permission, or interfere with their operation;
- access data that is not yours, share an account, or bypass a limit, role or security control;
- copy, resell, reverse engineer or build a competing service from the Services, except where the law allows it;
- upload content that infringes another person's rights or that you do not have the right to share.
5. Text-messaging program terms
Program name: Hamble Creek Holdings Account and Service Alerts. Sender: Hamble Creek Holdings LLC, sending for itself and on behalf of the organizations that use our products.
What the program is: service and account messages that you request or that relate to a product or organization you deal with, such as verification and sign-in codes, appointment, schedule and event reminders, billing and payment notices, order or service updates and security alerts. We do not use this program to send third-party marketing, and we do not sell or rent mobile numbers.
How you opt in: you opt in by giving us your mobile number and agreeing to receive text messages, for example by ticking an unticked consent box or entering your number in a form that states you agree to receive text messages from us or the organization concerned, by texting a keyword to a number we publish, or by giving written or verbal consent to an organization that records it. Consent is not a condition of any purchase or of using a product. We keep a record of when and how you consented.
Message frequency varies with your activity and settings; for example, a sign-in code is sent each time you request one, and reminders are sent before the events you are scheduled for. Message and data rates may apply, according to your mobile plan. We do not charge for the messages themselves.
How to opt out: reply STOP to any message at any time. We will send one last message confirming you are unsubscribed, and you will receive no more messages from that program unless you opt in again. You may also reply STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT, or email us at the address below.
How to get help: reply HELP to any message, or contact us at info@hamblecreekholdings.com.
Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and device and is not guaranteed.
Your mobile information is handled as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes, and text-messaging opt-in data and consent will not be shared with any third parties.
6. Your content
You keep ownership of the content and data you submit. You give us a limited licence to host, copy, process and display it only as needed to run the Services for you and to meet our legal obligations. You are responsible for having the right to submit it.
7. Our intellectual property
The Services, including the software, designs, text, graphics, trademarks and logos, belong to Hamble Creek Holdings LLC or its licensors and are protected by law. We give you a limited, non-exclusive, non-transferable, revocable right to use the Services as these terms allow. We may use feedback you give us without obligation to you.
8. Third-party services
The Services rely on and link to services run by others, such as cloud hosting, messaging carriers and providers, payment processors and maps. We do not control them and are not responsible for them; your use of them is under their terms.
9. Fees and payment
The website is free to use. Where a product has a fee, the price, billing period and cancellation terms are shown when you sign up or in your agreement with us, and you authorise us to charge them. Taxes are extra unless stated. Fees already paid are not refundable except where the law or your agreement says so.
10. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT MESSAGES WILL BE DELIVERED.
11. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS, HAMBLE CREEK HOLDINGS LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AND ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITS, SO THEY APPLY ONLY AS FAR AS THE LAW PERMITS.
12. Indemnity
You will defend and compensate Hamble Creek Holdings LLC against claims, losses and costs (including reasonable legal fees) that arise from your content, your breach of these terms or your violation of law or another person's rights.
13. Suspension and termination
You may stop using the Services at any time. We may suspend or end your access if you breach these terms, if the law requires it or if your use puts the Services or others at risk. Sections that by their nature should survive termination, including content, intellectual property, disclaimers, liability, indemnity and governing law, will survive.
14. Governing law and disputes
These terms are governed by the laws of the Commonwealth of Virginia and the United States federal law that applies, without regard to conflict-of-law rules. Before filing a claim, you agree to contact us and try to resolve the dispute informally for at least 30 days. Subject to that, the state and federal courts located in Virginia have exclusive jurisdiction, and you consent to them.
15. Changes to these terms
We may change these terms by posting the new version here with a new effective date. A change applies from that date; if it is material we will give notice through the Services or by email first. Using the Services after the change means you accept it. Changes to the text-messaging program are announced to enrolled recipients, who may opt out at any time.
16. General
These terms and the Privacy Policy are the whole agreement about the Services. If a provision is unenforceable the rest stays in force. Our not enforcing a right is not a waiver of it. You may not assign these terms without our consent; we may assign them in a merger or sale of our business. We may give notice by email, by posting on the Services or by text message.
17. Contact us
Hamble Creek Holdings LLC, P.O. Box 420, Purcellville, VA 20132. Email: info@hamblecreekholdings.com.