TERMS OF SERVICE
GENERAL TERMS OF SERVICE
Most Recent Update January 2026
You as a user of our site understands that it’s your responsibility to read these terms and conditions before making a purchase or registration for an account with HTTM / HTTM Digital
along with the supplied;
(a0) retrieving your digital download and safe use guide
The password to access the restricted page "retrieving your digital download and safe use guide" is provided in the email that you the purchaser of our digital product(s) receives/received upon a successful purchase.
You understand that HTTM / HTTM Digital will not be responsible for actions such as accidents, injuries including death directly or indirectly linked to our
digital product(s) and information provided herein or out.
CONTINUED:
These general terms and conditions are legal agreement between you (your), HTTM / HTTM Digital that are attained to anything that is;
(a) payment service and their interface if any,
(b) any digital (incorporeal) product(s) and or administrating techniques and or methods along with the retrieval and safe-use-guide in order for you
to use and claim the digital (incorporeal) product(s) in a safe manner.
THIS INCLUDES:
Master card, Visa card, American Express, Discover Card, Debit Visa and Debit. Also includes Interact Corp and pay-over-time-services which are classified as payment methods.
ALSO INCLUDES:
All incorporeal products that HTTM has listed through HTTM Digital online store for consumer purchase.
HTTM / HTTM Digital collectively and individually according to context shall mean (we) (our) (us).
All digital (incorporeal) product(s) along with mobile applications, websites, software, cloud-based solutions, hardware and other products and services in and around Earth and Space that are in our jurisdiction of five (5) light years around Earth.
These terms and conditions shall govern your use of our services.
INCORPOREAL:
Is defined as: Whether an object or otherwise a (virtual object/item(s) in our 3D reality that can only be seen and [touched in a nonphysical way] and its [effects felt physically] but can’t
be held onto physically.
EXAMPLE: The Soul.
(HTTM) (we) (our) a governing power of Earth and Space a permitter of 5 (five) light years around the Earth, whether these services are provided by HTTM / HTTM Digital, subsidiary or affiliates of HTTM / HTTM Digital.
By using these services, you abide to these terms and conditions and any other policies referenced. This including terms that limit (our) (your) and require individual arbitration for any potential legal dispute.
You also agree to any additional terms specific to the services you use. Including but not limited to those linked below for your reference, which became part of your agreement with us. If your using these services on behalf of a business, you represent to us that you have authority to bind that business or entity to these terms and that the business accepts these terms.
READ ALL THE TERMS BELOW CAREFULLY:
(a1) Payment Terms. These apply to all payments made through the services.
(b1) Additional member sign up terms, upon you registration for an HTTM / HTTM Digital account.
(c1) Pay-Over-Time-Services. These apply when you use the service to pay for your product(s)i n small amounts or a period of time so you don't end up with one big payment all at once.
(d1) Incorporeal Product Safe Use Administration and Retrieval Guide. You agree to the terms categorized in this template.
(e1) Privacy Policy. You agree to HTTM / HTTM Digital privacy policy which explains how we collect, use and protect the personal information you provide to us.
(f1) You must provide accurate and complete information on forms, registration or otherwise sensitive or non-sensitive documents. Along with keeping the information you submitted to us current and up-to-date. You are responsible for all activity that occurs under your HTTM / HTTM Digital account. Including for any actions taken by persons to whom you have granted access to the HTTM and HTTM Digital account. We reserve the right to suspend or terminate any HTTM / HTTM Digital account of any user that provides inaccurate, untrue or incomplete information or who fails to comply with our terms and or registration requirements.
(g1) Revisions, Disclosures and Notices. We may amend the terms at any time with notice that we deem to be reasonable in the circumstances and in accordance with applicable law or code of conduct, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). Unless otherwise stated, the Revised Version will be effective as of the time it is posted. Your continued use of the Services after the posting or communication of a Revised Version constitutes your acceptance of such Revised Version. However, any Dispute that arose before the changes will be governed by the applicable terms and policies in place when the Dispute arose.
(h1) You agree to HTTM / HTTM Digitals;
"E-Sign Consent". We may provide disclosures and notices required by law and other information about your HTTM / HTTM Digital account to you electronically, by posting it on our website, pushing notifications through the services, or by emailing it to the email address listed in your HTTM and HTTM Digital account.
Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, contact HTTM / HTTM Digital if we are not able to support your request, you may need to terminate your HTTM / HTTM Digital account.
(i1) Separate Entities. You understand that HTTM / HTTM Digital Accounts are different. HTTM is the parent company of HTTM Digital.
(j1) Separate Accounts. You acknowledge that your HTTM Account differs that from your HTTM Digital Online Store Account.
RESTRICTIONS TERMS:
You may not, nor may you permit any third party, directly or indirectly, to:
(a2) directly or indirectly export the Services, which may be subject to export restrictions imposed by your countries law if any, including the Universal Exports and Imports Permit Act. This does not apply to HTTM as our shipping methods use the speed of light for transportation. Until further notice on laws and regulations regarding this technology will be presented here.
(b2) access or monitor any material or information on any HTTM / HTTM Digital system using any manual process or robot, spider, scraper, or other automated means.
(c2) except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
(d2) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure.
(e2) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from HTTM or HTTM - Digital.
(f2) use and benefit from the services via a rental, lease, timesharing, service bureau or other arrangement.
(g2) transfer any rights granted to you under these general terms or any additional Terms.
(h2) use the services in a way that distracts or prevents you from obeying traffic or safety laws with exceptions.
(i2) use the Services for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm with exceptions.
(j2) use the services for any illegal activity or goods or in any way that exposes you, other(s), HTTM / HTTM Digital users, our partners, or (unknown) to harm; or otherwise use the services except as expressly allowed under these general terms and applicable additional terms.
Incorporeal Digital product(s) don't amend to the terms as they are not a shipped product(s) (physically) to anyone user, rather received through digital link to the email provided and claimed telepathically (digitally) and administered with help from our online telepathic instructions guide.
(k2) If we reasonably suspect that your HTTM and HTTM Digital account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your HTTM and HTTM Digital account, and any of your transactions with law enforcement.
Incorporeal products sold by HTTM through HTTM Digital Online Store do not amend to these terms.
There are no laws regarding digital (incorporeal) product(s) and their distribution/administration whether they are illicit or legal in nature currently.
INCORPOREAL PRODUCT(S) TERMS:
(a3) You understand to NOT administer any HTTM Digital product(s) consumable substance to any individual(s) beside yourself, unless you have the other individual(s) permission to do so.
(b3) You understand to NOT administer any HTTM Digital product(s) to any animal(s) or your pet(s). HTTM Digital product(s) are for HUMAN consumption ONLY.
Not for animal use. Unless stated on the packaging or description. HTTM and HTTM Digital will not be accountable for injuries, accidents or death directly or indirectly,
if you administer to animals and or pets.
(c3) You understand HTTM Digital product(s) don't need to be in a secure environment or in a temperature-controlled room for storage.
(d3) You understand HTTM Digital product(s) don't have an expiry date on them. HTTM Digital products don't expire until officially used by the user. (no limit)
(e3) You understand HTTM Digital product(s) don't cause any pokes or injection marks on the body when administered and are painless to administer.
(f3) You understand HTTM Digital product(s) are the same equivalent potency as a physical product, but cleaner and purer.
(h3) You understand copying, reproducing or any type of duplication of HTTM Digital product(s) can cause harm including death.
Thus, HTTM and HTTM Digital can’t be held accountable for any reasons.
(i3) You understand you are free in talking, writing or recording (anything physical) the results from the digital products openly in physicality to anyone (anything) you choose.
(j3) You understand HTTM Digital - prohibits the distribution of our product(s) from third party suppliers. This assures only HTTM has the only right to authorize and distribute our product(s). If you decide to be a re-seller of our product(s) contact us by phone or email and apply to be a merchant.
(j3.1) Our digital (incorporeal) product(s) are the equivalent to the real physical product(s) in terms of dosage strength. In terms of pureness and side effect(s), our digital product(s) are 50-60% purer and cleaner when compared to the same physical product(s). HTTM product(s) come with no fillers, toxins or other "extra" compounds in the formulas.
(k3) You understand HTTM Digital does and will not set-forth a prescription for any consumable substance(s) to anyone user as they are digital (incorporeal) products.
HTTM Digital will not act as a pharmacy or give health advice to anyone. Please inform your doctor that you're going to administer our products beforehand.
(l3) You understand HTTM and HTTM Digital will not be held accountable for injuries, accidents including death for any reason(s) after you administer
a large dose of any consumable digital product(s) past your substance limit.
You're in charge of your maximum dose level for all digital consumable substance(s). HTTM believes with evolution comes more freedom and with more freedom comes more responsibility for all. In doing so the government can use the resources consumed by this (monitoring citizens substance intake) and focusing and building an empire instead of a colony.
(m3) You understand you have the right to test all and if any result(s) of the digital product(s) physically. This does not mean you are able to reproduce and distribute your own. Only a results scan. Yes, you can re-sell an original purchased product(s) from HTTM / HTTM Digital to other users. Please be aware that any reproduction of a digital (incorporeal product) may cause harm including death. HTTM and HTTM Digital are not and will not be held accountable in any way(s).
(n3) You understand HTTM and HTTM Digital reserves the right to not specify a product description for any product and relies on its client base to (know) (learn) what the digital product(s) (are) does in other ways. This does not mean HTTM and HTTM Digital has the right to not list the consumables digital product dose. Furthermore, each product with no description comes with a (tag) indicating (the product is digitally received).
(o3) You understand that when administrating any digital product from HTTM / HTTM Digital you have a choice of locations to where to administer. (Buttocks), (Shoulders), (Thighs) or (Neck). Whether the digital product(s) in that you know physically should be injected intravenously than it’s fair to say that HTTM Digital product(s) don't succumb to the same rules of physicality as a physical product(s). The locations above are adequate for any situation, whether intravenously, intermuscular or sub-skin or (any other way) it would not matter. The substance upon pressing the plunger down of the digital product(s) ampoule and enters the body (part) (you will see a green color as it enters) it will go to the intended location automatically.
Each digital product is engineered individually specifically for this reason.
(p3) You understand that there are no physical product(s) that will be shipped to the inputted postal address at checkout. All HTTM / HTTM Digital product(s) are incorporeal in nature and delivered through digital link to the email provided at checkout.
(q3) You understand that HTTM / HTTM Digital does not and will not intern any type of refund or exchanges for any reason due to the nature of what we are selling (digital consumable goods).
(r3) You understand that there is the limit of one (1) download per digital link received. Upon the download limit being reached the file link will expire. Download links remain active indefinitely until up-to 24 hours after purchase. It’s up to the purchaser to retrieve the product on time.
(s3) You understand that HTTM and HTTM Digital are not responsible (in any ways) for friends, family or other people opening your download link and claiming the digital product(s) for themself(s) without your consent.
(t3) You understand in the event that you purchase a selected digital product(s) in this example, we will use (Simxahit) which cures cold sores and prevents them from coming back.
As you enjoy not ever getting cold sores from sharing glasses or utensils but suddenly a cold sore forms and you start to believe that the cure (Simxahit) did not work on you.
Understand that all HTTM / HTTM Digital products are guaranteed and tested on real humans with 100% success rate. In the case above you have (something) other than a cold sore, canker sore or etc. In this case the user reported headaches and bad breath and was later found out that a tooth broke a piece off and it was rubbing on the inside of the cheek and was similar to a cold sore. With that said you will not hold HTTM and HTTM Digital responsible for any non-wanted results directly or indirectly connected to our digital product(s).
(u3) Best of Label - You understand that the badge on digital product(s) indicates that a partnership between HTTM and U.N.I went into the development and engineering of the digital product(s) and is best in class.
(v3) Side Effect Free - You understand that when this description is listed on a product thus indicating that the product has guaranteed zero (negative) side effects from administrating it.
(w3) ROSEG and NONEG - You understand that when administrating either ROSEG or NONEG Blood Detoxer(s) respectively, you will not combine the two together without have waiting a full seven (7) days from the last administered chosen ampoule. Thus insures that the compound has left the body and will not leave an unpleasant fragrance on the user.
ROSEG - When administered leaves a nice fragrance seeping through your skin of natural "rose pedals".
NONEG - When administered leaves the fragrance of "nothing" seeping through your skin. The fragrance of "nothing" is patent and trademarked by HTTM.
Understand if you combine the two without waiting the full seven (7) days after the initial "host ampoule" you might make yourself smell in-differently.
(x3) You understand that you can administer as many ROSEG or NONEG as long as they are from the same type ampoule.
For instance you used a ROSEG ampoule today, therefor you can re-administer another ROSEG ampoule anytime for increased fragrance release, for up to a maximum of 15/day.
Please refer to (w3) in order to understand why you should not combine ROSEG and NONEG together without waiting a full seven (7) days from the last used type ampoule. HTTM and HTTM Digital will not be held accountable for misuse of any loss or disagreements in any way(s)
You must understand HTTM / HTTM Digital will not be responsible to actions resulting in accidents, injuries including death, directly or indirectly linked to our digital products.
It’s up to you the purchaser to communicate with your family doctor or the doctor in charge to let them know you are taking the “cure” for cancer or any other product HTTM-Digital sells, so they can stop administering drugs related to your past disease.
COMPATIBLE MOBILE DEVICES AND THIRD PARTY CARRIERS:
We do not warrant that the services will be compatible with your mobile device or carrier. Your use of the services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the services if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
YOUR CONTENT:
The services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services.
You retain all rights in your content, subject to the rights you granted to us in these general terms. You may modify or remove your content via your HTTM / HTTM Digital Account or by terminating your HTTM / HTTM Digital Account, but your content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
You will not upload or provide content or otherwise post, transmit, distribute, or disseminate through the services any material that:
(a4) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory;
(b4) encourages conduct that would be considered a criminal offense or gives rise to civil liability;
(c4) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark;
(d4) contains corrupted data or any other harmful, disruptive, or destructive files;
(e4) advertises products or services competitive with HTTM / HTTM Digital or its partners’ products and services, as determined by us in our sole discretion;
(f4) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose HTTM and HTTM Digital, its affiliates, its customers or its partners to harm or liability of any nature; or
(g4) was obtained in breach of any applicable law, including personal privacy statutes, anti-spam legislation and consumer protection laws.
Although we have no obligation to monitor any content, we have absolute discretion to remove content at any time and for any reason without notice.
You understand that by using the services, you may be exposed to content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any content, including any loss of or damage to any of your content.
COPYRIGHT AND TRADEMARK INFRINGMENT:
HTTM / HTTM Digital respects the copyright and trademark rights of others and asks you to do the same. HTTM / HTTM Digital responds to all valid notices of such copyright and trademark infringement. HTTM / HTTM Digital will suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others.
SECURITY:
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are responsible for safeguarding your password and for restricting access to the services from your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of your password or HTTM / HTTM Digital Account or any other breach of security. Notwithstanding in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any HTTM / HTTM Digital Account subject to dispute) will be final and binding on all parties.
COMMUNICATIONS:
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving communications by following the unsubscribe options we provide to you in those communications. You acknowledge that opting out of receiving communications may impact your use of the Services.
SERVICES:
HTTM / HTTM Digital services include both paid-for services (“Paid Services”) and free services for which no fees are charged (“Free Services”). HTTM and HTTM Digital offers certain paid services to be paid on a recurring basis (“Subscription Services”), and others on an as-used or transactional basis.
HTTM has the right to change, delete, discontinue or impose conditions on paid services or any feature or aspect of a paid service.
Subscription services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your HTTM / HTTM Digital account settings or as otherwise agreed in writing (“Subscription Fee”).
Transactional(s) may subject you to fees charged per usage and/or terms. By using transactional(s) you agree to pay the fees and any taxes incurred at the time of usage (“Transactional(s)” and, together with subscription fees, the “Paid Service Fees”). All paid service fees are denominated in Canadian dollars, unless otherwise specified.
In general, paid service fees may be paid by debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect paid service fees by debit from your linked debit card or charge to your linked credit card. Regardless of payment device, we reserve the right to collect paid service fees by deduction from your transaction proceeds, the balance (as defined in the payment terms) in your HTTM / HTTM Digital account or your linked bank account.
Unless otherwise provided in a subscription service’s terms, subscription fees will be charged on the 1st of every month until cancelled. You may cancel a subscription service at any time from your HTTM / HTTM Digital Account settings.
If you cancel a subscription service, you will continue to have access to that subscription service through the end of your then current billing period, but you will not be entitled to a refund or credit for any subscription fee already due or paid.
We reserve the right to change our subscription fee upon thirty (30) days’ advance notice. Your continued use of subscription services after notice of a change to our subscription fee will constitute your agreement to such changes.
TAXES:
For purposes of these terms, “Tax” and “Taxes” include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, goods and services tax, provincial sales tax, value-added or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or addition to tax.
Unless otherwise expressly stated, all paid service fees are exclusive of any taxes. You are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the services. Unless otherwise expressly stated.
You also are responsible and liable for;
(a5) determining whether taxes apply to your sale of products and services, payments received, and/or any other transactions arising from or out of your use of the Services.
(b5) registering with tax authorities in jurisdictions where you are required to do so by applicable law, and
(c5) calculating, collecting, reporting, paying, and/or remitting any such applicable taxes to the appropriate tax and revenue authorities. HTTM / HTTM Digital specifically disclaims any liability for such taxes and you agree to fully indemnify, defend, and hold HTTM / HTTM Digital harmless against any such taxes and any other related expenses or costs. Notwithstanding anything in these terms to the contrary, You agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to goods and services tax, value-added tax, sales, use or similar taxes, nor do the services hereunder provide You with a marketplace or similar construct, and you agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise.
Notwithstanding the foregoing, HTTM / HTTM Digital may charge applicable taxes on services, as required by law, which you agree to pay, unless you provide HTTM / HTTM Digital with timely appropriate, complete, and accurate information and documentation satisfying the legal and tax requirements of the relevant governmental or tax authority to establish that the otherwise applicable tax is not required to be charged by HTTM / HTTM Digital. You agree to fully indemnify, defend and hold HTTM / HTTM Digital harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide HTTM / HTTM Digital with the correct evidence to support your exemption from such taxes, as applicable.
We may be obligated under applicable laws to report certain information to tax and revenue authorities (“Tax Information”) and/or you with respect to your use of the services. Upon request, you shall provide us with the necessary information to complete any applicable tax Information reporting and recertify such tax Information from time to time, as may be required by applicable law, or otherwise in connection with any tax audit or examination. If you use our services you acknowledge that we will report to the applicable tax and revenue authorities the required tax Information (including the total number and amount of payments you received during the relevant reporting period). We also may, but are not obligated to, send to you the Tax Information reported.
If applicable, HTTM / HTTM Digital shall be entitled to deduct from any payments to you the amount of any applicable withholding taxes with respect to amounts payable, or any other taxes, in each case required to be withheld by HTTM / HTTM Digital to the extent that HTTM / HTTM Digital remits to the appropriate tax authority on your behalf such taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of these terms and HTTM / HTTM Digital will not be obliged to increase or gross-up any payment on account of any withholding of tax.
You acknowledge and agree that HTTM / HTTM Digital is not providing any tax advice and nothing HTTM / HTTM Digital says or provides to you should be interpreted as such. For any tax-related inquiries in connection with the services or these terms, you should consult your own tax or legal advisor.
TERMINATIONS:
We may terminate all or any portion of the terms, or suspend or terminate your HTTM / HTTM Digital account or your access to any service, at any time upon notice to you. You may terminate the general terms and additional Terms applicable to your HTTM / HTTM Digital account by deactivating your HTTM / HTTM Digital account at any time.
You acknowledge that HTTM / HTTM Digital may use third party service providers, agents or affiliates (“Service Providers”) to facilitate use of the services and that these service providers, if based outside of Canada, are subject to the laws of foreign jurisdictions where those entities are located. You agree that in the event that such service providers cannot process any transaction referred to it by HTTM / HTTM Digital in connection with the services, by reason that such service providers may, by doing so, violate any law, regulation, rule or internal policy applicable to it if it completes such transaction, then notwithstanding any other provision of the terms, such transaction will not be completed and any funds associated with such transactions may be blocked and/or held indefinitely by HTTM / HTTM Digital service providers. In the event this occurs, we also reserve the right to suspend or terminate your HTTM / HTTM Digital Account and we will have no liability in respect of any such incomplete transaction or services rendered hereunder.
EFFECT OF TERMINATION:
If these general terms or your HTTM / HTTM Digital Account is terminated or suspended for any reason:
(a6) the license and any other rights granted under these general terms and any additional terms will end,
(b6) you agree to immediately terminate and cease use of all services,
(c6) we may (but have no obligation to) delete your information and account data stored on our servers, and
(d6) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the services, or for deletion of your information or account data.
In addition to any payment obligations under the payment terms, the following sections of these general terms survive and remain in effect in accordance with their terms upon termination:
1 (Your Content),
2 (Copyright and Trademark Infringement),
3 (Taxes),
4 (Effect of Termination),
5 (Ownership),
6 (Indemnity),
7 (Representations and Warranties),
8 (No Warranties),
9 (Limitation of Liability and Damages),
10 (Third Party Products),
11 (Disputes),
12 (Binding Individual Arbitration),
13 (Governing Law),
44 (Limitation on Time to Initiate a Dispute),
15 (Assignment),
16 (Third Party Service and Links to Other Web Sites), and
17 (Other Provisions),
YOUR LICENSE:
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to the paid Services, and a royalty-free, limited, non-exclusive, revocable, non-transferable, non-licensable license to the free Services, as authorized in these general terms. We may make software updates to the services available to you, which you must accept to continue using the services. Any such updates may be subject to additional terms made known to you at that time.
OWNERSHIP:
We reserve all rights not expressly granted to you in these general Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the services and all copies of the services. These general terms do not grant you any rights to our trademarks or service marks.
For the purposes of these general terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any province, country, territory or other jurisdiction.
You may submit comments or ideas about the services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
INTERMNITY:
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including reasonable legal’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to:
(a7) any actual or alleged breach of your representations, warranties, or obligations set forth in these general terms or any applicable additional terms;
(b7) your wrongful or improper use of the services;
(c7) your violation of any third-party right, including any right of privacy, publicity rights or Intellectual Property Rights;
(d7) your violation of any law, rule or regulation of Canada (including its provinces and territories) or any other country or any inaccuracy in any tax information provided hereunder; and
(e7) any other party’s access and/or use of the services with your unique name, password or other appropriate security code.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant to us that:
(a8) you are at least eighteen (18) years of age;
(b8) you are located in Canada / Earth;
(c8) you are eligible to register and use the services and have the right, power, and ability to enter into and perform under the Terms;
(d8) you possess all requisite licenses, registrations, and/or legal certifications in order to operate your business in compliance with applicable law and all such licenses, registrations and/or legal certifications remain active and in good standing with their respective issuing authorities;
(e8) any information you provide accurately and truthfully represents your business or personal identity under which you sell goods and services;
(f8) you and all transactions initiated by you will comply with all federal, provincial, territorial, and local laws, rules, and regulations applicable to you and/or your business, including all laws governing the protection of personal information, anti-spam legislation and consumer protection laws;
(g8) you will not use the services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and
(h8) your use of the services will be in compliance with the Terms.
NO WARRANTIES:
THE USE OF ANY “HTTM or HTTM DIGITAL" IN SECTIONS ABOVE MEANS HTTM and HTTM DIGITAL, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, HTTM AND HTTM DIGITAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
HTTM AND HTTM DIGITAL DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HTTM and HTTM Digital does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party.
HTTM and HTTM Digital does not have control of, or liability for goods or services that are paid for using the services.
LIMITATIONS OF LIABILITY & DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HTTM OR HTTM DIGITAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, HTTM AND HTTM DIGITAL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL HTTM / HTTM DIGITAL BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR HTTM / HTTM DIGITAL ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF HTTM / HTTM DIGITAL IS LIMITED TO THE GREATER OF
(A9) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR
(B9) $500.
The services may be controlled and operated from facilities in the United States, Canada and other locations around and in Earth. HTTM / HTTM Digital makes no representations that the services are appropriate or available for use other than in Earth. Those who access or use the services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Earth laws and regulations, including but not limited to export and import regulations. You represent that you are not a person or entity described or designated under the provisions of any anti-terrorism or sanctions legislation (including under the Criminal Code the Special Economic Measures Act or the United Nations Act, or any associated regulations thereof) (a “Listed Person”).
You may not use the services if you are or become a Listed Person. Unless otherwise explicitly stated, all materials found on the services are solely directed to individuals, companies, or other entities located in Earth.
THIRD PARTY PRODUCTS:
All third party hardware and other products included or sold with the services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. HTTM / HTTM DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
DISPUTES:
“Disputes” are defined as any claim, controversy, or dispute between you, HTTM / HTTM Digital, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these general terms, any additional terms, or the services, or any other aspect of our relationship.
BINDING INDIVIDUAL ARBITRATION:
Subject to applicable law, you, HTTM / HTTM Digital agree to arbitrate any and all disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST HTTM / HTTM DIGITAL. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association where such arbitration is conducted in the United States, or JAMS or the International Centre for Dispute Resolution Canada, where such arbitration is conducted in Canada.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies to any arbitration that takes place within the United States. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. If you are a consumer bringing a claim relating to personal, household, or family use under a consumer protection law of a province or territory, any arbitration hearing will occur within such jurisdiction and be governed by the laws of such jurisdiction. Otherwise, any arbitration hearing will occur in
(a10) Toronto, Ontario, Earth for Disputes;
(b10) Earth or another mutually agreeable location; or
(c10) a location ordered by the arbitrator.
The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the arbitrator for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to legal fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our legal fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and HTTM / HTTM Digital also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) involving HTTM or HTTM Digital will be brought in and you hereby consent to the exclusive jurisdiction and venue in the provincial or federal courts in the City of Toronto, Ontario.
GOVERNING LAW:
These general terms, any additional terms and any related dispute will be governed by Ontario law and/or applicable Canadian federal law, without regard to choice of law or conflicts of law principles.
LIMITATION ON TIME TO INITIATE A DISPUTE:
Any action or proceeding by you relating to any dispute must commence within one year after the cause of action accrues or you shall be deemed to have waived any such right.
ASSIGNGMENT:
Unless expressly authorized by HTTM / HTTM Digital, these general terms, any additional terms and any rights and licenses granted hereunder or thereunder may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
THIRD PARTY SERVICES AND LINKS TO OTHER WEBSITES:
You may be offered services, products and promotions provided by third parties and not by HTTM / HTTM Digital (“Third Party Services”). If you decide to use third party services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any third party services. The services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by HTTM / HTTM Digital. Such third party websites are not governed by these general terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our privacy policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the services, are subject to that website’s own terms, rules and policies.
OTHER PROVISIONS:
These general terms, and any applicable additional terms or policies, are a complete statement of the agreement between you and HTTM / HTTM Digital regarding the services. In the event of a conflict between these general terms and any other HTTM / HTTM Digital agreement or policy, these general terms will prevail and control the subject matter of such conflict. If any provision of these general terms or any additional term is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These general terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these general terms will be deemed a further or continuing waiver of such term or any other term.
CONTACT INFORMATION:
Please contact HTTM by phone or email online.
For all customer support and account related inquiries. HTTM / HTTM Digitals address, telephone number and email are;
500 Gordon Ave, Suite 404, N6J 2V8, London, Ontario, Canada
(437)-888-5441
frontdesk@ttm.house
REFUNDS AND EXCHANGES:
HTTM and HTTM Digital have a no refund(s) or exchange(s) on any digital (incorporeal) product(s), due to the nature of what we are selling (incorporeal consumable digital goods).
LANGUAGE:
It is the express wish of the parties that these general terms, applicable additional terms and all related documents be drawn up and accepted in English only.