Terms & Conditions

Terms of Use

For the OMEN Insiders Website (www.OMEN.icanmakeitbetter.com)

These Terms of Use (“These Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of This Website and participation in OMEN Insiders, and all the text, data, information, software, graphics, photographs, and more (all of which We refer to as “Materials”) that We may make available to You, (all of which are referred to in These Terms as “This Website”).

READ THESE TERMS CAREFULLY BEFORE PARTICIPATING ON THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.

Accessing This Website

When You access This Website, You are responsible for complying with These Terms; some Materials will only be available to You if You are a participant in This Website. You agree to provide true, accurate, current, and complete information for so long as You use This Website. It is Your responsibility to obtain and maintain all equipment, services and software needed for access to and use of This Website. It is also Your responsibility to maintain the confidentiality of Your password(s). Should You believe Your password or other security information for This Website has been breached in any way, You must immediately notify Us.

Sometimes, we collect certain personal information about You solely in connection with Your access and use of This Website. Our use of that information is governed by the provisions of the Online Privacy Statement.

We reserve the right to require that You change Your password or restrict Your access to This Website as We deem reasonably necessary.

Your Permitted Use of This Website

You are invited to use This Website for participating in OMEN Insiders (“Permitted Use”). We hereby grant You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials. Your right to use the Materials is conditioned on Your compliance with These Terms. You have no other rights in This Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of This Website or Materials in any manner.

Unauthorized Use of This Website, Acceptable Use Policy

We authorize Your limited use of This Website. Any other use of This Website beyond the Permitted Use is prohibited and, therefore, constitutes unauthorized use of This Website. Unauthorized use of This Website may result in violation of various United States and international copyright laws.

Terminating Your Use of This Website

We or You may terminate Your use of This Website at any time. Your use of This Website will automatically terminate in the event You breach any of These Terms. To clarify:

• Unless We otherwise agree with You in writing, We may terminate, suspend, or modify Your registration with, or access to, all or part of This Website, without notice, at any time and for any reason.

• You may discontinue Your access to and use of This Website at any time.

In the event of an automatic termination for breach, You must immediately destroy any downloaded or printed Materials (and any copies thereof).

Disclaimers

THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, We make no warranty that This Website will meet your requirements or that This Website will be uninterrupted, timely, secure, or error free or that defects in This Website will be corrected. We make no warranty as to the results that may be obtained from the use of This Website or as to the accuracy or reliability of any information obtained through This Website. No information, whether oral or written, obtained by you through This Website or from Us shall create any warranty. We disclaim all equitable indemnities.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) DAMAGES THAT ARE MORE THAN FIVE UNITED STATES (US$5.00) DOLLARS IN TOTAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Therefore, some of the above disclaimers and limitations of liability may not apply to You. To the extent We may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of Our liability shall be limited to the minimum amount permitted under such applicable law.

We May Modify This Website

We reserve the right to modify, suspend, or discontinue This Website at any time without notice to You. We would, however, like You to be aware of the following:

• We may make changes to the This Website at any time without notice.

• This Website may be out of date and We make no commitment whatsoever to update This Website.

• Information published on This Website may refer to products, programs, or services that are not available in your country.

Your Submission(s) to This Website

Certain activities on This Website may request You to submit feedback, information, data, text, messages, or other materials (each, a "User Submission"). You agree that You are solely responsible for the content of your User Submissions. We acknowledge and agree that your User Submissions may be used by Us solely in compliance with Our Privacy Policy. By submitting any User Submission, You represent and warrant that:

a. You are at least 14 years old;

b. You own all rights in Your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to enable You to grant to Us the rights in Your User Submissions as described in These Terms;

c. You are the individual pictured and/or heard in Your User Submissions;

d. Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

e. You voluntarily agree to waive all "moral rights" that You may have in your User Submission;

f. Any information contained in Your User Submission is not known by You to be false, inaccurate, or misleading;

g. Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;

h. Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than Your own);

i. Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

j. Your User Submission does not contain any information that You consider confidential, proprietary, or personal and cannot be used by Us as intended;

By submitting a User Submission, You grant to Us, subject to Our Privacy Policy, an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license to:

a. Use, distribute, reproduce, modify, adapt, publish, translate, Your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed, provided such use is in compliance with Our Privacy Policy;

b. Use Your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that We deem appropriate in Our sole discretion (including, without limitation, to incorporate Your User Submission or any modification thereto, in whole or in part, into any technology, product, or service).

Intellectual Property Rights

We respect the intellectual property rights of others, and We ask You to do the same. We may, in appropriate circumstances and at our discretion, terminate service and/or access to This Website for users who infringe the intellectual property rights of others.

Confidentiality

We may provide You with Materials that We deem to be confidential information of Ours. In such event We will identify the Materials as confidential (“Confidential Materials”) and subject to These Terms or to any specific Non-Disclosure Agreement We may ask you to agree to for access to any Confidential Materials. In such cases, You may only use the Confidential Materials only for the purposes of participation in This Website. You may not make such Confidential Materials public or share them with anyone outside This Website. You agree to protect the confidentiality of the Confidential Materials by not copying or photographing them, by not sharing them with others, and by not posting them in any way or form on any other websites or social forums. All Confidential Materials and all the rights, title and interest in all Confidential Materials remains with Us and is solely Our property.

Indemnification

You agree to indemnify, defend, and hold Us harmless against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that We may incur as a result of or arising from Your violation of These Terms.

Ownership

Unless otherwise specified in These Terms, all Materials, as well as the arrangement of them on This Website are Our sole property, Copyright © 2015 Hewlett-Packard Development Company, L.P. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Entire Agreement for Everyone

These Terms, together with any additional terms to which You agree when participating in any specific activities on This Website, constitute the entire and exclusive and final statement of the agreement as between Everyone with respect to the subject matter hereof.

Governing Law

These Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding Your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. All lawsuits arising from or relating to These Terms or Your use of This Website shall be brought in the Federal or State courts located in Santa Clara County, California, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

Our failure to exercise or enforce any right or provision of These Terms shall not constitute a waiver of such right or provision. If any provision of These Terms is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to Our intentions and that the other provisions of These Terms remain in full force and effect. The section titles in These Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of Your use of This Website. These Terms will be interpreted without application of any strict construction in favor of or against You or Us.

California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website is provided by OMEN by HP. If you have a question or complaint regarding This Website, please contact Support at support@icanmakeitbetter.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

We May Modify These Terms of Use

We may, in Our sole and absolute discretion, change These Terms (including any other documents that are referenced in or linked to from These Terms) from time to time. We will post notice of such changes on This Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using This Website. Continued use of This Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of These Terms may be superseded by expressly-designated legal notices or terms located on particular pages of This Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into These Terms and to supersede the provision(s) of These Terms that are designated as being superseded.