effective April 28, 2014
By accessing Hippodex you are agreeing to the following terms, which are designed to make sure that Hippodex works for everyone. Hippodex is provided to you by Agarithm Inc., 15 Buerkle Court, Kitchener ON, N2P2S1, Canada.
- How Hippodex Works. Hippodex can be used to facilitate the listing and renting of 3D Printers and other equipment. Such equipment are included in Listings on Hippodex by users. You may view Listings as an unregistered visitor to Hippodex; however, if you wish to access equipment or create a Listing, you must first register to create a Hippodex Account.
As stated above, Agarithm Inc. makes available an online platform or marketplace with related technology for users to meet online and arrange for the use of equipment directly with each other. Agarithm Inc. is not an owner or operator of the equipment, nor is it a provider of equipment services. Unless explicitly specified otherwise in the Hippodex platform, Agarithm Inc.’s responsibilities are limited to:
- facilitating the availability of the Hippodex
- serving as the limited communication agent for the purpose of transmitted messages between users
PLEASE NOTE THAT, AS STATED ABOVE, HIPPODEX SERVICES ARE INTENDED TO BE USED TO FACILITATE USERS CONNECTING DIRECTLY WITH EACH OTHER. AGARITHM INC. CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EQUPIMENT. AGARITHM INC. IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS. ACCORDINGLY, ANY AGREEMENTS MADE BETWEEN USERS VIA HIPPODEX WILL BE MADE AT THE USERS' OWN RISK.
- Listings. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of
Please note that Agarithm Inc. assumes no responsibility for a User’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Agarithm Inc. reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Agarithm Inc., in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Agarithm Inc.’s then-current Policies, or otherwise harmful to the Site, Application or Services.
- will not breach any agreements you have entered into with any third parties
- will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
If you post a Listing, you understand and agree that Agarithm Inc. does not act as an insurer or as your contracting agent. If a User requests a booking of your equipment and makes use of your equipment, any agreement you enter into with the User is between you and the User and Agarithm Inc. is not a party thereto.
- No Endorsement. Agarithm Inc. does not endorse any User or any Equpiment. You understand that Images are intended only to indicate a photographic representation of the equipment at the time the photograph was taken. Images are therefore not an endorsement by Agarithm Inc. of any User or any Equipment. Users are required by these Terms to provide accurate information. We do not make any representations about, confirm, or endorse any User or the User’s purported identity or background. We therefore recommend that you always exercise due diligence and care when deciding whether to enter an agreement with any User. We are not responsible for any damage or harm resulting from your interactions with other Users.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Agarithm Inc. with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a User against Agarithm Inc. regarding the payments made to Agarithm Inc., which instead shall be subject to the limitations described in the section below entitled “Liability”.
- Using Hippodex. You will not do any of the following bad things:
- violate any laws or our Prohibited Content Policy;
- be false or misleading;
- infringe any third-party right;
- distribute viruses or any other technologies that may harm Hippodex or the interests or property of Hippodex users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the Hippodex;
- copy, modify, or distribute any other person's content;
- use any robot, spider, scraper or other automated means to access Hippodex and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses,
- without their consent;
- "stalk" or harass any other user of Hippodex;
- post a Listing for any equpiment that you do not yourself own or have permission to rent;
- contact a User for any purpose other than to inquire about a Listing
- recruit or otherwise solicit any User to join third-party services or websites that are competitive to Hippodex;
- attempt to probe, scan, or test the vulnerability of any Agartihm Inc. system or network or breach any security or authentication measures;
- bypass measures used to prevent or restrict access to Hippodex;
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Abuse. Please use the contact system or email email@example.com to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Hippodex if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Hippodex or not, we do not accept any liability for monitoring Hippodex or for unauthorized or unlawful content on Hippodex or use of Hippodex by users.
- Fees and Services. Using Hippodex is generally free. We may charge fees for certain services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in US Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may limit your ability to use the services.
- Content. Hippodex contains stuff from us, you, and other users. You agree not to copy, modify, or distribute content from Hippodex. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please contact us and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
- Disclaimers. IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT AND PARTICIPATE ON HIPPODEX, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT AGARITHM INC. DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AGARITHM INC. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AGARITHM INC. MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AGARITHM INC. MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AGARITHM INC. OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES. YOU UNDERSTAND THAT AGARITHM INC. DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR INSPECT EQUIPMENT. AGARITHM INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HIPPODEX. AGARITHM INC. EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
- Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on Hippodex comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Hippodex, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars.
- Indemnification. You agree to release, defend, indemnify, and hold Agarithm Inc. and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
- your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
- your User Content;
- your (i) interaction with any User, (ii) booking of Equipment, or (iii) creation of a Listing;
- the use, condition or rental of Euipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of Equipment.
- Reporting Misconduct. If you interact with any User who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Agarithm Inc. by contacting us with your police station and report number at firstname.lastname@example.org; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Modification. Agarithm Inc. reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “effective Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using Hippodex.
- General. These terms and the other policies posted on Hippodex constitute the entire agreement between Agarithm Inc. and you, superseding any prior agreements. This agreement is governed by the laws of the Canada. We both submit to the non-exclusive jurisdiction of the courts of Ontario, Canada. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
15 Buerkle Court
Re: Hippodex - User Inquiries
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.
Send questions, comments or complaints to Hippodex Customer Support.
- Collection. Information posted on Hippodex is obviously publicly available. Our servers are located in the United States, European Union and elsewhere in the world where Hippodex has facilities. Therefore, if you choose to provide us with personal information, you are consenting to Hippodex's collection, use, disclosure of your personal information and to the transfer and storage of that information on our servers in the United States, the European Union, and elsewhere in the world where Hippodex has facilities. Hippodex collects and stores the following personal information:
- email address, phone numbers, physical location and contact information;
- computer sign-on data, statistics on page views, traffic to and from Hippodex and Ad data (all through cookies - you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site);
- other information, including users IP address and standard web log information.
- Use. Hippodex uses users' personal information to:
- provide our services;
- track, confirm and fulfill purchases;
- resolve disputes, collect fees, and troubleshoot problems;
- encourage safe trading and enforce our policies;
- customize, measure, and improve user experience and our services, content, and advertising;
- deliver targeted marketing, service updates, and promotional offers to you according to your preferences;
- do other things for users as described when Hippodex collects the information.
- Disclosure. Hippodex doesn't sell or rent users' personal information to third parties for their marketing purposes without users explicit consent. Hippodex may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a posting or other content violates other's rights, or protect anyone's rights, property, or safety. Hippodex uses third party email services to deliver messages; those third party services must see your email address, name, and the message contents.
- Access, Modification, and Deletion. You can see, modify or erase most of your personal information by reviewing and modifying your profile page, or by contacting customer support to review any personal information Hippodex stores that is not available on Hippodex. There may a charge associated with such requests but these will not exceed the amounts permitted by law. Hippodex deletes personal information when Hippodex no longer needs it for the purposes we described earlier. Hippodex retains personal information as permitted by law to resolve disputes, enforce our policies; and prevent bad guys from coming back. If you have further questions, please contact customer support.
- Security. Hippodex uses lots of tools (encryption, passwords, physical security) to protect your personal information against unauthorized access and disclosure, but as you probably know, nothing's perfect, so Hippodex makes no guarantees.
- Cookies. Hippodex or our service providers may use "cookies" (small files placed on your hard drive) on certain of our pages to help analyze our web page flow; customize our services, content and advertising; measure promotional effectiveness, and promote trust and safety. A few important things you should know about cookies are that:
Hippodex sometimes works with service providers who may place cookies on your computer to serve and measure the effectiveness of ads on our or our advertising partners' behalf and collect anonymous information about how you use websites owned by Agarithm Inc. and its affiliates. This information allows them to help us customize our content and advertising. Hippodex does not allow these companies to collect any personal information about you using these cookies.
- You are always free to decline cookies if your browser permits, although doing so may interfere with your use of some of our sites or services. For more information on your choices about accepting cookies, consult your browser help function.
Hippodex Prohibited Content Policy
The following activities are prohibited from Hippodex
- Posting using multiple different email addresses
- Posting using a language other than English
- Posting any content that contains adult, mature or erotic content.
- Posting any content that defames anyone or contains "hate speech"
- Posting opinions, notices, and discussion topics which should instead be posted on social media sites.
- Posting deliberately misleading information
Users also must be at least 18 to post on their own. Posts for our younger users must be posted by an adult for security reasons.
Any content that do not comply with the Hippodex content policy will be removed from the site. Additionally, users that violate such policies may be blocked from using Hippodex in the future.
Our general rule is that you may not list, buy, sell or rent items or services that are illegal to own, buy, sell or rent in your province of residence, or that are not bought or sold in compliance with applicable laws and regulations. You are responsible for ensuring compliance with all applicable laws relating to the item you list, buy, sell or rent.