HAMILTON RELAY, INC.
TERMS & CONDITIONS FOR USE OF INTERNET-BASED SERVICE, and HAMILTON CAPTEL END USER LICENSE AGREEMENT FOR CERTAIN USERS

Updated January 29,2024

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. THESE TERMS AND CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

NOTE: USE OF ANY SERVICES, INCLUDING BUT NOT LIMITED TO THE WEB AND MOBILE APPLICATIONS, OFFERED BY HAMILTON CONSTITUTES:

ACCEPTANCE OF THESE TERMS AND CONDITIONS, INCLUDING THE COMPANY’S PRIVACY POLICY; AND
FOR THE USE OF INTERNET-BASED RELAY SERVICES, A REPRESENTATION THAT YOU NEED THE SERVICES IN ORDER TO COMMUNICATE IN A MANNER THAT IS FUNCTIONALLY EQUIVALENT TO CONVENTIONAL VOICE TELEPHONE SERVICE EXPERIENCED BY INDIVIDUALS WITHOUT HEARING LOSS.

FEDERAL LAW PROHIBITS ANYONE BUT REGISTERED USERS WITH HEARING LOSS FROM USING INTERNET PROTOCOL (IP) CAPTIONED TELEPHONES WITH THE CAPTIONS TURNED ON. IP Captioned Telephone Service may use a live operator. The operator generates captions of what the other party to the call says. These captions are then sent to Your phone. There is a cost for each minute of captions generated, paid from a federally administered fund.

911 CALLS — To view the terms about Internet-Based Relay and CapTel® 911 calls, see Section 7, Emergency Calls

1. Definitions

“ASR” means automatic speech recognition.
“Communication Assistant” means a person who transliterates or interprets the conversation between two or more end users of TRS.
“IP” means Internet Protocol.
“FCC” means Federal Communications Commission.
“Hamilton” means Hamilton Relay, Inc. or any related company or affiliate, and their respective employees, subcontractors and suppliers.
“Relay App Services” means Internet-based relay services offered through Hamilton’s web and mobile application.
“Service” or “Services” means any Internet-based relay service Hamilton may offer, including without limitation IP-based Hamilton CapTel phones, web and mobile Services (Hamilton CapTel for PC/Mac and Hamilton CapTel for smartphones and tablets), and Hamilton CapTel for Business, Interconnected by Tenacity™. The Service may either make use of speech-to-text recognition and a Communication Assistant to provide the User with captions of the other party’s speech or make use of ASR to generate captions without a Communications Assistant, while allowing the User to hear the other party to the extent of the User’s own hearing ability, and to speak the User’s portion of the call directly to the other party. 
“Terms and Conditions” means these Hamilton Relay, Inc. Terms & Conditions for Use of Internet Based Relay Services, which may be updated from time to time in accordance with the terms herein.
“TRS” means telecommunications relay service.
“You,” “Your,” “User” or “Users” refers to individual(s) using any of the above Services.
“911 calls” or “911 dialing” means emergency calls to local or national emergency call centers, either directly or through a relay service provider, and includes Hamilton’s transmission of available phone number and location address information to those entities.

2. Use of the Service; Restrictions

By using the Services, You agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions,You must not use the Services. You may use the Services only in accordance with these Terms and Conditions and any other documentation made available by Hamilton.

The Services are not designed to be used while operating a vehicle or participating in any other activity that may requireYour attention, such as walking or biking. Hamilton strongly recommends that Users cease any such activity and move to asafe location before commencing use of the Services. Except to the extent expressly permitted in these Terms and Conditions or required by law, You shall not:

republish or redistribute any content or material (including any output generated by You) from the Services;
make any alteration or modification to the Services;
resell or sublicense the Services; or
use the Services
1. in a way prohibited by law, regulation, or governmental order or decree,
2. to violate any rights of others,
3. to try to gain unauthorized access to, test the vulnerability of, or disrupt the Services or any other service, device, data, account, or network,
4. to distribute spam or malware,
5. in a way that could harm the Services or impair anyone else’s use of it, or
6. in a way intended to work around the Services technical limitations or usage limits, if any.

3. Description of Services

The Service is offered in connection with a federally funded program for people with hearing loss. The Service allows the User to place or receive telephone calls using a captioned telephone service, by use of the Internet, to/from a standard phone user or other eligible device user. The Service may either make use of speech-to-text recognition and a Communication Assistant to provide the User with captions of the other party’s speech or make use of ASR to generate captions without a Communications Assistant, while allowing the User to hear the other party to the extent of the User’s own hearing ability, and to speak the User’s portion of the call directly to the other party.

4. Registration/Certification Requirements

Captioned Telephone Service is regulated and funded by the Federal Communications Commission (FCC). The FCC regulations regarding Internet Protocol Captioned Telephone Service (IP CTS) may change at any time and may affect the way in which the Service is provided.

Unauthorized use of IP CTS is prohibited by federal law. IP CTS users should not make calls that would otherwise not be made. Individuals who do not need the service should not use IP CTS.

To use the Services, You must register and set up an authorized account to access and use the Service (an “Account”) with an email address and password to access the Services (“Login Credentials”). You must keep Your registration information accurate and complete. You can manage Your Account through the User Profile. You are responsible for any use of the Services that occurs under Your Login Credentials.In addition, Federal law requires You to certify under penalty of perjury the following:

I have a hearing loss that necessitates the use of captioned telephone service;
I understand that the captions on captioned telephone service may be provided by a live captioning assistant who listens to the other party on the line and provides the text on the captioned phone;
I understand that the cost of captioning each IP captioned telephone call is funded through a federal program; and
I will not permit, to the best of my ability, persons who have not registered to use Internet protocol captioned telephone service to make captioned telephone calls on my registered IP captioned telephone service or device.

You agree that all information contained in Your registration and certification for the Services is true and correct. By submitting Your registration and certification information, You consent to being contacted by Hamilton and/or its affiliates for any follow-up issues related to that information or to any other aspect of the Services, including but not limited to technical troubleshooting. You consent to Hamilton collecting, storing, and transmitting Your registration information to the TRS User Registration Database to the extent required by the FCC. Hamilton reserves the right to terminate Your access to the Services at any time if it should determine that any such registration or certification information was or is untrue, incomplete or inaccurate. Hamilton also reserves the right to terminate or delete accounts that have not been recently used or that Hamilton otherwise believes, in its sole discretion, have been abandoned. In addition, Hamilton may ask You to re-verify Your identity from time to time.

For questions about the certification process, please contact Customer Care at 877-455-4227, support@HamiltonCapTel.com, or mail to:

Hamilton CapTel Corporate Office
1006 12th Street
Aurora, NE 68818

5. Technical Recommendations for Web and Mobile Services

Technical recommendations for using web and mobile Services are detailed at the following websites:PC/Mac: https://hamiltoncaptel.com/support/solutions/web-captel-for-windows-pc-and-mac.html
Mobile Phones: https://hamiltoncaptel.com/support/mobile-app-faq/

Disclaimer: Generally, the Services will work on devices running the latest publicly available operating system. There may be older versions of operating systems that are no longer supported and, in some instances, current versions that are not yet supported. Please contact Hamilton CapTel Customer Care if You have any questions about the compatibility of Your current version with Hamilton CapTel.

If You use a different browser or operating system than those set forth in this section or require other technical support, Hamilton provides limited support for Hamilton CapTel at 877-455-4227. Hamilton disclaims any obligation to provide technical support for the use of the Services outside of the recommended minimum technical specifications described in this section, or except as required by law.

Hamilton’s mobile applications may be updated periodically through the application store from which You obtained the mobile application. Hamilton’s mobile applications may also communicate with Hamilton’s servers to check for available updates periodically. By using the Services, You agree not to interfere with the ability of any Hamilton application to automatically request and receive updates from Hamilton’s servers.

Hamilton’s remote Customer Care support allows a Hamilton representative in another location to view Your computer screen and work on Your computer over a secure connection to help You with Your use of the Services. By accepting remote support from Hamilton, You agree that during the session, the Hamilton representative may record and log the session, including communications made during the session, or otherwise capture screen shots for quality and/or training purposes. If You do not agree to the possibility of recording, we will be unable to provide You remote support.

6. Feedback

You may provide comments and suggestions regarding the Services, but You are not required to do so by these Terms and Conditions. If You do provide any comments or suggestions, Hamilton may use that feedback to improve its offerings. If You do provide us with any comments and suggestions, You hereby grant us a non-exclusive, perpetual, irrevocable, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, perform, display, disclose, distribute, modify, prepare derivative works of, and otherwise exploit those comments and suggestions without restriction in any manner now known or in the future conceived, and to make, use, sell, offer to sell, import, and export any product or service that incorporates those comments and suggestions.

7. Emergency Calls

Limitations of Emergency Calling Using the Services

IF THE PHONE, COMPUTER OR MODEM USED TO ACCESS THE INTERNET DOES NOT HAVE A BACKUP POWER SOURCE, THE SERVICE WILL NOT WORKAT ANY POINT THE PHONE, COMPUTER OR MODEM IS NOT PLUGGED INTO A POWER OUTLET OR AT ANY POINT THAT POWER OUTLET IS NOT RECEIVINGELECTRICITY (FOR ANY REASON, INCLUDING A UTILITY POWER OUTAGE). HAMILTON RELAY RECOMMENDS THAT YOU MAINTAIN A LANDLINE FOREMERGENCY CALLS. HAMILTON RELAY CANNOT ASSURE THE FOLLOWING WHEN MAKING A 911 CALL USING WEB AND MOBILE SERVICES:

A CONNECTION WILL BE ESTABLISHED;
THAT YOUR CORRECT LOCATION WILL BE ELECTRONICALLY AVAILABLE TO THE EMERGENCY SERVICE PROVIDER; OR
THAT CAPTIONING SERVICES WILL NOT SLOW THE RESPONSE TIME OR THE RELAY OF EMERGENCY INFORMATION.

Emergency calling through the Service is available only for calls placed from a location within the United States or one ofits territories or possessions. For additional information regarding 911 dialing using the Services, visit the 911 section at https://hamiltoncaptel.com/emergency-calling-911-info/

VOICE OVER IP (“VOIP”), WEB, AND MOBILE CAPTEL EMERGENCY CALLS ARE NOT THE SAME AS TRADITIONAL TELEPHONE OR TTY EMERGENCY CALLS. IN AN EMERGENCY,HAMILTON RECOMMENDS THAT YOU USE A TELEPHONE OR TTY IF POSSIBLE TO MAKE AN EMERGENCY CALL IN ORDER TO CONNECT YOU DIRECTLYWITH EMERGENCY OFFICIALS. WHEN MAKING A VOIP, WEB, OR MOBILE CAPTEL EMERGENCY CALL, HAMILTON MAY NOT AUTOMATICALLY BE ABLETO OBTAIN YOUR PHYSICAL LOCATION INFORMATION IF IT IS DIFFERENT THAN YOUR REGISTERED LOCATION INFORMATION, OR ROUTE YOURCALL TO APPROPRIATE EMERGENCY PERSONNEL.Limitations of Emergency Calling for Relay App Services

Relay App Services handle 911 calling differently than traditional telephone services. Using traditional telephone servicesis the fastest way to call 911, as Your telephone or TTY provide a direct link to Your emergency service provider. In contrast,Relay App Services do not provide a direct link to the emergency service provider; therefore it is important that You provide Your location information to the 911 center at the beginning of the call in order to transmit Your physical location to an emergency center. It may not be technically feasible to transmit automated dispatchable location to Your emergency provider. Hamilton recommends that You enable location services on Your web and mobile devices if feasible.

Hamilton is required to transmit 911 emergency calls made through the Relay App Services in accordance with federal law andpolicies. As part of this requirement, and in order to transmit important information to emergency service providers, Yourname, number, and location may be requested at the beginning of an emergency call. If You call 911 using a web or mobile device and Hamilton is not able to identify Your current location, Hamilton may transmit Your phone number and registered addressto the local emergency center serving the location of Your registered address. Please note the call may notbe routed to an appropriate Emergency Service Provider or Public Service Answering Point if You are in a location other than Your registered location.

All information obtained as a result of the above-described process is limited to that needed to facilitate 911 services and is made available only to emergency call handlers and emergency response or law enforcement personnel. All information is used for the sole purpose of ascertaining Your location in an emergency situation or for other emergency or law enforcement purposes.

Disclaimer of Liability

As a provider of relay services and as a provider of emergency communications for purposes of the Federal NET 911 Act, Hamilton asserts immunity and other protection from liability under both state and federal law in connection with its provision of 911dialing service as part of any Internet-based Service. In addition, Hamilton disclaims all responsibility for the conduct of local emergency response centers and the national emergency calling center. Hamilton does not have any control over any local emergency response center or the national emergency calling center. Hamilton is not responsible for whether those centers answer calls made using Hamilton’s 911 dialing service, how they answer such calls, or how they handle them. Hamilton relies on third parties to assist in routing 911 dialing calls to local emergency response centers and/or, to the extent permissible under federal law, to a national emergency calling center. Hamilton cannot ensure that Your local emergency service provider is capable of handling 911 calls from Internet-based relay service users. Hamilton is neither liable nor responsible if the data used by a third party to route such calls is incorrect or produces an erroneous result. Neither Hamilton nor its officers, directors, shareholders, employees, agents or subcontractors may be held liable for any claim, damage, loss, fine, penalty, cost, and/or expense (including, without limitation, any and all attorneys’ fees) by, or on behalf of, any Hamilton customer or any third party or user of Hamilton’s Service, relating to or arising out of Hamilton’s Service, including, without limitation, 911 dialing, or any device used in connection with Hamilton’s Service.Additional information on Emergency Calling is available at https://hamiltoncaptel.com/emergency-calling-911-info.

8. Trademarks

The following product names and logos are trademarks or registered trademarks of Nedelco, Inc., d/b/a Hamilton Telecommunications:HAMILTON®, HAMILTON.NET®, HAMILTON RELAY®, HAMILTON TELECOMMUNICATIONS® logo, HEROES WITH HEARING LOSS®, THAT’S WHAT I’M TALKINGABOUT®, GMAX®, SEE WHAT THEY SAY®, RELAY YOUR WAY® and HAMILTON WIRELESS™. All other company and product names and logos are trademarks or registered trademarks of their respective owners, including CapTel®, which is a registered trademark of Ultratec, Inc.Nothing contained in the site should be construed as granting by implication or otherwise a license or right to use any Hamilton orthird party trademarks without the written permission of Hamilton or the owner thereof.

9. Availability

The Services are designed for use within the United States (including Alaska, Hawaii, and US Territories). The Services are intended to be available 24 hours a day, 7 days a week. However, technical or other situations affecting the Services may arise, which could result in the Services being temporarily unavailable. SERVICES MAY ALSO NOT BE AVAILABLE AT TIMES DUE TO INTERRUPTIONS OR TECHNICAL PROBLEMS WITH THE USER’S INTERNET SERVICE PROVIDER, CELLULAR SERVICE PROVIDER, OR FOR OTHER REASONS OUTSIDE THE CONTROL OF HAMILTON. THE USER IS RESPONSIBLE FOR PAYING ANY TELEPHONE, INTERNET, DATA OR OTHER RATES OR CHARGES INCURRED WHILE USING HAMILTON SERVICES, INCLUDING INTERNATIONAL AND LONG DISTANCE TOLLING RATES. Certain restrictions may apply to international CapTel calling; contact Hamilton for details. Additionally, the Hamilton CapTel Call Me Number may not always be available in certain cities or regions. In such event, Hamilton will do its best to provide a geographically approximate number. Please contact Hamilton to inquire about Call Me numbers for specific locations.

10. Confidentiality/Privacy

In compliance with federal law, all calls made using the Services are treated by Hamilton as confidential. Communication Assistants are required to abide by applicable TRS laws and regulations. By using the Service, You consent to the collection, storage, disclosure, and use of Your information in accordance with applicable law, and You agree to the transmission of the incoming audio portion of Your telephone call audio to Hamilton or our Communications Assistants and ASR platform, and You waive any rights You may have under applicable law restricting the same. When calling 911, Your phone number and other information may be transmitted to local emergency service providers. Such information may also be provided to law enforcement and other public safetyofficials in order to assist them with respect to Your call for emergency services. The full text of Hamilton’s privacy policy isavailable at the following link: Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

11. Security

Hamilton has and will continue to implement security features and strict policy guidelines to safeguard the privacy of anyUser-identifiable information from any unauthorized access or improper use. However, Hamilton disclaims any liability for any securitybreaches caused by the User’s or other third party’s violations of federal or state law. Moreover, Hamilton cannot guarantee theconfidentiality of any communication or material transmitted either to or from Hamilton via the Internet (including email and Hamilton’swebsite) or wireless services. Hamilton is thus not responsible for the security of such information. Hamilton is required by federallaw to keep certain customer proprietary network information secure pursuant to 47 C.F.R. §§ 64.5100-64.5111.
For security reasons and due to the limitations of service within carceral facilities, certain call functionality and options, including but not limited to 911 services, may not be available in carceral settings, or may functions in a different manner than in non-carceral environments.

12. Fraudulent Use; Recording Calls

Users will not use the Services for any unlawful, abusive, or fraudulent purposes. Subject to applicable federal rules, if Hamilton has reason to believe that a User is abusing a Service or using a Service fraudulently or unlawfully, Hamilton retains the right to immediately suspend, restrict, or cancel the Service without advance notice, including withdrawal of any rights of any User to the numbers assigned to such User. Users shall not record calls made using the Services without the consent of all parties to such calls in jurisdictions where consent is required, and to the extent User does make and retains recordings of calls made using the Services, User shall indemnify and hold harmless Hamilton as set forth in Section 14 , below.

13. Complaint Procedures

Users may contact Hamilton’s Customer Care regarding any questions or complaints via a toll-free number (800-618-4781 V/TTY), via e-mail (info@hamiltonrelay.com), through writing (Hamilton Relay, P.O. Box 285, Aurora, NE 68818) or via the Internet. Should Your concern go unresolved, You may file a complaint with the FCC’s Consumer & Governmental Affairs Bureau. Voice: 888-CALL-FCC, TTY: 888-TELL-FCC, https://consumercomplaints.fcc.gov/hc/en-us. To the extent that complaints are directed to the FCC rather than Hamilton, Hamilton is prepared to respond to those complaints as soon as they are brought to its attention.

14. Indemnification

Hamilton is not responsible for any claims against Hamilton that arise from the use of the Services. The User agrees to indemnify and holdHamilton harmless from and against all costs and expenses related to any such claims, including attorneys’ fees. This provision of the Terms and Conditions shall be applicable during use of the Services and following such use.

15. Limitation of Liability

You acknowledge and agree that You are receiving the Service for free and at no cost to You.

As an emergency communications service provider for purposes of the Federal NET 911 Act, Hamilton asserts immunity and other protection from liability under both state and federal law. To the extent permitted by law, Hamilton shall not be liable for any failure of performance due to causes beyond its control, including, but not limited to, the actions or omissions of Hamilton’s licensees, acts of God, fire, floodsor other catastrophes, national emergencies, wars, terrorist acts, strikes or other labor difficulties or preemption of existing Servicesto comply with any law, order or regulation of any governing authority.

TO THE EXTENT PERMITTED BY LAW, (A) HAMILTON SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, OR ATTORNEY FEES RESULTING FROM USER’S USE OF THE SERVICES OR THE FAILURE OFOR INABILITY OF THE USER TO USE THE SERVICES OR FOR THE PERFORMANCE OF ASR USED TO PROVIDE THE SERVICE AND (B) HAMILTON’S LIABILITY FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS WILL NOT EXCEED $500.00.

16. No Warranties

HAMILTON DOES NOT WARRANT THAT THE SERVICES OR YOUR INTERNAL NETWORK WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF DEFECTS, ERRORS OR VULNERABILITY TO INTRUSION OR ATTACK. TO THE EXTENT PERMITTED BY LAW,

THE SERVICES ARE MADE AVAILABLE ON AN “AS-IS” AND AS AVAILABLE BASIS,
HAMILTON MAKES NO WARRANTIES REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Hamilton does not authorize anyone to make a warranty on its behalf, and the User may not rely on any statement of warranty by a third party as a warranty to the User by Hamilton.

17. Suspension

As permitted by FCC regulations, Hamilton may suspend Your use of the Services if, in Hamilton’s sole discretion and determination:

You breach these Terms and Conditions;
Your use of the Services poses a security risk to the Services or to other Users of the Services; or
suspension is required pursuant to a subpoena, court order, or other legal requirement. Hamilton may, consistent with applicable law, reinstate Your access to the Services if Hamilton in its sole discretion determines that the issue causing the suspension has been resolved.

18. Social Media

Hamilton’s Facebook®, Twitter®, LinkedIn®, YouTube® and Instagram® pages and websites are places for its customers and followers to stay up-to-date on the latest advances in technology, keep track of Hamilton appearances and events, and engage in conversations directly focused on its products and services. Hamilton is not responsible for the content of third party postings and reserves the right to remove posts that it deems inappropriate for any of its social media pages.

19. Notices

Notices from the User to Hamilton must be delivered by certified United States mail to:
Hamilton Relay, Inc.
1006 Twelfth Street
Aurora, NE 68818
Attn: President

Notices from Hamilton to the User may be made by posting a notice on Hamilton’s website, by postcard, letter, email or published advertisement, or by revisions to these Terms and Conditions.

20. Miscellaneous

Severability — If any part of these Terms and Conditions are found invalid, the remainder shall remain valid and enforceable.
Governing Law — These Terms and Conditions and provision of the Services shall be governed by laws of the State of Nebraska without regard to its conflict of law provisions, and by applicable federal regulations. The exclusive location for jurisdiction and venue of any litigation or other proceeding arising in connection with these Terms and Conditions or the Services shall be in federal or state court located in Lancaster County, Nebraska.
Dispute Resolution; Binding Arbitration —
1. YOU ARE AGREEING TO GIVE UP ANY AND ALL RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND HAMILTON ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 20.4. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 20.4. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms and Conditions being void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
3. You may elect to pursue Your claim in small-claims court rather than arbitration if You provide us with written notice of Your intention to do so within 60 days of Your first use of the Services. The arbitration or small-claims court proceeding will be limited solely to Your individual dispute or controversy.
4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HAMILTON WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
5. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Entire Agreement — These Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between the User and Hamilton regarding the Services, and supersede all prior agreements, understandings, statements or proposals and representations, whether written or oral. These Terms and Conditions may only be amended as stated below. No written or oral statement, advertisements, or service description not expressly contained herein shall contradict, explain or supplement these Terms and Conditions.
Changes to Terms and Conditions — These Terms and Conditions may be updated by Hamilton from time to time and without notice to comply with changes in practice and/or as required by law. You should review these Terms and Conditions periodically for any changes — a change in the Effective Date at the top of this web page will indicate that changes to the Terms and Conditions have been made. Your continued use of the Services following the posting of any changes to these Terms and Conditions means that You agree to be bound by the provisions of these Terms and Conditions as revised.
No Third Party Rights — These Terms and Conditions do not provide any third party with a remedy, claim or right of reimbursement.
Assignment — Hamilton may assign all or part of its rights or duties in connection with the Services without any notification to Users. If Hamilton makes such an assignment, Hamilton shall have no further obligations to Users. You will not assign any of Your rights or delegate any of Your obligations under these Terms and Conditions without Hamilton’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves You of any of Your obligations under these Terms and Conditions.

HAMILTON CAPTEL END USER LICENSE AGREEMENT FOR CERTAIN USERS

In addition to the Terms and Condition set forth above, by accessing any application or web client from Hamilton Relay, Inc. (“The Company”),installing or using this application, web client or any portion thereof (any of which is hereinafter referred to as the “Application”), You agree to the following additional terms and conditions (the “Additional Terms and Conditions”):

1. USE OF APPLICATION OR WEB CLIENT

The Company grants You the non-exclusive, non-transferable, limited right and license to install and/or use the Application solely and exclusively for Your personal use.
You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may You use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
You agree that You are solely responsible for (and that The Company has no responsibility to You or to any third party for) Your use of the Application, any breach of Your obligations under the Terms and Conditions or the Additional Terms and Conditions, and for the consequences (including any loss or damage which The Company may suffer) of any such breach.

2. PROPRIETARY RIGHTS

You acknowledge that

the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and
The Company and/or third parties own all right, title and interest in and to the Application and content, excludingcontent provided by You, that may be presented or accessed through the Application, including without limitation all Intellectual PropertyRights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not, and will not allow any third party to,
1. copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted,
2. take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Application,
3. use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or
4. remove, obscure, or alter The Company’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.

3. THE COMPANY’S PRIVACY POLICY

The Company’s Privacy Policy (located at https://hamiltoncaptel.com/privacy-policy)explains how The Company treats Your information and protects Your privacy when You use the Application. By accessing any Application, You agree to the use of Your data in accordance withThe Company’s Privacy Policy.

4. EXPORT RESTRICTIONS

The Application may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

5. TERMINATION

These Additional Terms and Conditions will continue to apply until terminated by either You or The Company as set forth below. You may terminate these Additional Terms and Conditions at any time by permanently deleting the Application from Your mobile device in its entirety, or not logging into Your account on the Web Client. Your rights automatically and immediately terminate without notice from The Company or any third party if You fail to comply with any provision of these Additional Terms and Conditions. In such event, You must immediatelydelete or cease use of the Application.

6. INDEMNITY

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless The Company, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from Your use of theApplication, including Your downloading, installation, or use of the Application, or Your violation of these Additional Terms and Conditions.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE DISCRETION AND RISK AND THAT THE APPLICATION IS PROVIDED AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION.

8. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS ARE NOT LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE APPLICATION, INCLUDING ANY LOSS OF DATA OR DAMAGE TO YOUR MOBILE DEVICE, WHETHER OR NOT THE COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9. MISCELLANEOUS

These Additional Terms and Conditions, together with any linked materials herein, constitute the entire Agreement between You and The Company relating to the Application and govern Your use of the Application, and completely replace any prior or contemporaneous agreements between You and The Company regarding the Application.
The failure of The Company to exercise or enforce any right or provision of these Additional Terms and Conditions does not constitute a waiver of such right or provision, which will still be available to The Company.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Additional Terms and Conditions is invalid, then that provision will be removed from the Additional Terms and Conditions without affecting the rest of the Terms and Conditions. The remaining provisions of these Additional Terms and Conditions will continue to be valid and enforceable.
The rights granted in these Additional Terms and Conditions may not be assigned or transferred by You without the prior written approval of The Company. You are not permitted to delegate responsibilities or obligations under these Additional Terms and Conditions without the prior written approval of The Company.
These Additional Terms and Conditions and Your relationship with The Company under these Additional Terms and Conditions will be governed by the laws of the State of Nebraska without regard to that state’s conflict of laws provisions and by applicable federal regulations. You and The Company agree to submit to the exclusive jurisdiction of the courts located within Lancaster county, Nebraska to resolve any legal matter arising from these Additional Terms and Conditions. Notwithstanding the foregoing, You agree that The Company may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction at The Company’s discretion.

HAMILTON RELAY, INC.TERMS & CONDITIONS FOR USE OF INTERNET-BASED SERVICE, and HAMILTON CAPTEL END USER LICENSE AGREEMENT FOR CERTAIN USERS