Terms of Service

By using this Software, you agree to be bound by this Terms of Service (the "Agreement"). This is entered into as of the date you first used the Software (the “Effective Date”) by and between HawkenAQ, Inc., a Delaware corporation (the "Company"), and you the Customer ("Customer"). The Company and Customer may be referred to herein individually as a "Party" and collectively as the "Parties."

1. Definitions
   
   1.1 "Agreement" means this Terms of Service, including any schedules, exhibits, and addenda hereto, as may be amended from time to time in accordance with the terms hereof.
   
   1.2 "Company" means HawkenAQ, Inc., a Delaware corporation.
   
   1.3 "Customer" means the entity or individual that has entered into this Agreement with the Company for the use of the Software.
   
   1.4 "Documentation" means any user manuals, technical manuals, and any other materials provided by the Company, in printed, electronic, or other form, that describe the installation, operation, use, or technical specifications of the Software.
   
   1.5 "Software" means the proprietary software application(s) provided by the Company to the Customer under this Agreement, including any updates, upgrades, bug fixes, patches, and other modifications thereto provided by the Company.
   
   1.6 "User" means any individual who is authorized by the Customer to use the Software on behalf of the Customer.
   
   1.7 "Privacy Policy" means the Company's privacy policy, as may be updated from time to time, which is incorporated herein by reference and governs the collection, use, and disclosure of personal information by the Company in connection with the Software.
   
   
2. Grant of License
   
   2.1 Subject to the terms and conditions of this Terms of Service (the "Agreement"), The Company hereby grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Company's proprietary software-as-a-service application (the "Software") solely for Customer's internal business purposes.
   
   2.2 The Company reserves the right to modify, update, or discontinue the Software at any time, in its sole discretion, with or without notice to Customer. Customer acknowledges and agrees that the Company may, from time to time, provide updates, upgrades, or enhancements to the Software, and that such updates, upgrades, or enhancements may be subject to additional terms and conditions.
   
   2.3 Customer shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (b) modify, adapt, translate, or create derivative works based on the Software; (c) rent, lease, sublicense, distribute, sell, or otherwise transfer the Software to any third party; (d) use the Software for the benefit of any third party, including without limitation, in a service bureau, outsourcing, or time-sharing arrangement; (e) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or in the Software; or (f) use the Software in any manner not expressly authorized by this Agreement.
   
   2.4 All rights, title, and interest in and to the Software, including without limitation, all intellectual property rights therein, are and shall remain the exclusive property of The Company and its licensors. Customer acknowledges and agrees that it has no right, title, or interest in or to the Software, except for the limited license granted herein.
   
   
3. License Restrictions
   
   3.1 The Customer shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Software; (d) use the Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; (e) remove any proprietary notices or labels on the Software; or (f) use the Software for any purpose other than its intended purpose.
   
   3.2 The Customer shall not use the Software in any manner that could damage, disable, overburden, impair, or otherwise interfere with the Company's systems or networks, or any systems or networks connected to the Company or any other party using the Software.
   
   3.3 The Customer shall not use the Software to: (a) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (c) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (d) interfere with or disrupt the integrity or performance of the Software or the data contained therein; or (e) attempt to gain unauthorized access to the Software or its related systems or networks.
   
   3.4 The Customer shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with its use of the Software, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data.
   
   3.5 The Company reserves the right, in its sole discretion, to take any actions it deems necessary and appropriate to preserve the integrity and security of the Software, including without limitation the right to suspend or terminate the Customer's access to the Software in the event of any breach of the restrictions set forth in this Section 3.
   
   
4. Ownership and Intellectual Property Rights
   
   4.1 Ownership. The Company and its licensors own and shall retain all right, title, and interest in and to the Software, including all intellectual property rights therein. The Customer acknowledges that it is obtaining only a limited license to use the Software and that no ownership rights are being conveyed to the Customer under this Agreement. The Company reserves all rights not expressly granted to the Customer in this Agreement.
   
   4.2 Intellectual Property Rights. The Company and its licensors own and shall retain all intellectual property rights in and to the Software, including, without limitation, all copyrights, patents, trademarks, trade secrets, and other proprietary rights. The Customer shall not take any action that jeopardizes the Company's or its licensors' proprietary rights or acquire any rights in the Software, except the limited use rights specified in this Agreement.
   
   4.3 No Modifications. The Customer shall not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software, or create any derivative works based upon the Software, except as expressly permitted by applicable law notwithstanding this prohibition.
   
   4.4 No Removal of Notices. The Customer shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or in the Software or any documentation provided by the Company.
   
   4.5 Feedback. If the Customer provides any feedback, suggestions, or recommendations to the Company regarding the Software ("Feedback"), the Customer hereby grants the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, and import such Feedback in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the Customer.
   
   
5. Warranty Disclaimer
   
   THE COMPANY PROVIDES THE SOFTWARE AND SERVICES ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. CUSTOMER ASSUMES ALL RISK ARISING FROM THE USE OF THE SOFTWARE AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE RISK OF DAMAGE TO CUSTOMER'S COMPUTER SYSTEM, NETWORK, OR DATA.
   
   IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE OR SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   CUSTOMER ACKNOWLEDGES AND AGREES THAT THE COMPANY'S SOLE OBLIGATION AND CUSTOMER'S EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES, SHALL BE LIMITED TO THE COMPANY'S REASONABLE EFFORTS TO CORRECT OR PROVIDE A WORKAROUND FOR ANY MATERIAL DEFECTS IN THE SOFTWARE OR SERVICES, PROVIDED THAT CUSTOMER PROVIDES THE COMPANY WITH PROMPT WRITTEN NOTICE OF SUCH DEFECTS. IN NO EVENT SHALL THE COMPANY'S LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES EXCEED THE AMOUNT PAID BY CUSTOMER TO THE COMPANY FOR THE SOFTWARE OR SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
   
   
6. Limitation of Liability
   
   6.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE SOFTWARE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
   
   6.2. The Company shall not be liable for any claims or damages arising out of content provided by Customer or a third party that is accessed through the Software and/or any material linked through such content.
   
   6.3. The limitations of liability set forth in this Section 6 shall apply to any claims, whether based on warranty, contract, tort, or otherwise, and whether or not the Company has been advised of the possibility of such damages. The limitations of liability in this Section 6 shall not apply to claims for personal injury or death caused by the Company's negligence or for any other liability that cannot be excluded or limited under applicable law.
   
   6.4. Customer acknowledges and agrees that the Company has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
   
   
7. Indemnification
   
   7.1 Customer Indemnification. Customer shall indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the Software in violation of this Agreement; (b) any breach by Customer of its representations, warranties, or obligations under this Agreement; or (c) any infringement or misappropriation of any intellectual property rights of any third party by Customer's use of the Software, other than as expressly permitted under this Agreement.
   
   7.2 Company Indemnification. The Company shall indemnify, defend, and hold harmless Customer and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any claim that the Software, as provided by the Company and used in accordance with this Agreement, infringes or misappropriates any intellectual property rights of any third party. The Company's indemnification obligations under this Section 7.2 shall not apply to any infringement or misappropriation claim arising from: (a) Customer's use of the Software in violation of this Agreement; (b) any modification of the Software by Customer or any third party not authorized by the Company; or (c) any combination of the Software with other products, services, or materials not provided by the Company, if such infringement or misappropriation would not have occurred but for such combination.
   
   7.3 Indemnification Procedure. The indemnified party shall promptly notify the indemnifying party in writing of any claim for which indemnification is sought under this Section 7. The indemnifying party shall have sole control over the defense and settlement of such claim, provided that the indemnified party may participate in the defense at its own expense and with counsel of its own choosing. The indemnified party shall reasonably cooperate with the indemnifying party in the defense and settlement of such claim, at the indemnifying party's expense. The indemnifying party shall not settle any claim without the indemnified party's prior written consent if such settlement would require the indemnified party to admit liability, pay any amounts not covered by the indemnification, or take any action or refrain from taking any action, other than ceasing use of the allegedly infringing or misappropriating material.
   
   7.4 Exclusive Remedy. This Section 7 sets forth the exclusive remedy of the parties for any claim subject to indemnification under this Agreement.
   
   
8. Confidentiality
   
   8.1 Confidential Information. During the term of this Agreement, each party (the "Disclosing Party") may disclose to the other party (the "Receiving Party") certain confidential and proprietary information ("Confidential Information"). Confidential Information includes, but is not limited to, the terms of this Agreement, trade secrets, know-how, inventions, techniques, processes, algorithms, software programs, schematics, software source documents, contracts, customer lists, financial information, sales and marketing plans, and business plans.
   
   8.2 Obligations. The Receiving Party agrees to hold the Disclosing Party's Confidential Information in strict confidence and to take all reasonable precautions to prevent unauthorized disclosure or use of the Confidential Information. The Receiving Party shall not disclose, reproduce, or use the Confidential Information for any purpose other than as necessary to perform its obligations under this Agreement. The Receiving Party shall limit access to the Confidential Information to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as restrictive as those contained herein.
   
   8.3 Exceptions. The obligations of the Receiving Party under this Section 8 shall not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) is rightfully received by the Receiving Party from a third party without any obligation of confidentiality; (c) is independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the Receiving Party provides prompt written notice to the Disclosing Party of such requirement and reasonably cooperates with the Disclosing Party in any effort to seek a protective order or otherwise limit the required disclosure.
   
   8.4 Return or Destruction. Upon the termination of this Agreement or at the Disclosing Party's request, the Receiving Party shall promptly return or, at the Disclosing Party's option, destroy all copies of the Disclosing Party's Confidential Information in its possession or control. The Receiving Party shall certify in writing that it has complied with this Section 8.4.
   
   8.5 Injunctive Relief. The Receiving Party acknowledges that any unauthorized disclosure or use of the Disclosing Party's Confidential Information may cause irreparable harm to the Disclosing Party. In the event of any breach or threatened breach of this Section 8, the Disclosing Party shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity, without the requirement of posting a bond or proving actual damages.
   
   
9. Compliance with Laws
   
   9.1 General Compliance. Both the Company and Customer shall comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with their respective performance under this Terms of Service ("Agreement"). Customer shall be solely responsible for ensuring that its use of the Company's software and services complies with all such laws, regulations, and ordinances.
   
   9.2 Export Compliance. Customer acknowledges that the Company's software and services may be subject to export control laws and regulations of the United States and other jurisdictions. Customer shall not, directly or indirectly, export, re-export, or transfer the Company's software or services, or any portion thereof, to any country, individual, or entity subject to U.S. export restrictions or to any country, individual, or entity for which an export license or other governmental approval is required without first obtaining such license or approval. Customer represents and warrants that it is not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services.
   
   9.3 Data Privacy and Security. Customer shall comply with all applicable data protection and privacy laws and regulations, including, without limitation, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), in connection with its use of the Company's software and services. Customer shall implement and maintain appropriate technical and organizational measures to protect the security, confidentiality, and integrity of any personal data processed by the Company's software and services.
   
   9.4 Government Regulations. Customer shall not use the Company's software or services in any manner that would cause the Company to be in violation of any applicable laws, regulations, or ordinances, including, without limitation, those related to anti-bribery, anti-corruption, and anti-money laundering. Customer represents and warrants that it has not and will not offer, promise, or provide any financial or other advantage to any person in order to improperly influence any decision, secure any improper advantage, or otherwise violate any applicable anti-bribery, anti-corruption, or anti-money laundering laws, regulations, or ordinances.
   
   9.5 Indemnification. Customer shall indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Customer's breach of this Section 9.
   
   
10. Term and Termination
    
    10.1 Term. This Terms of Service (the "Agreement") shall commence on the Effective Date and shall continue in effect until terminated by either party in accordance with the provisions of this Section 10 (the "Term").
    
    10.2 Termination for Convenience. Either the Company or the Customer may terminate this Agreement for any reason or for no reason, upon thirty (30) days' prior written notice to the other party.
    
    10.3 Termination for Cause. Either party may terminate this Agreement upon written notice to the other party if the other party: (a) breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within ten (10) days after receipt of written notice from the Company; or (b) becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed with prejudice within sixty (60) days after filing.
    
    10.4 Effect of Termination. Upon termination of this Agreement for any reason: (a) all rights and licenses granted by the Company to the Customer under this Agreement shall immediately cease; (b) the Customer shall immediately cease all use of the Software and promptly delete or destroy all copies of the Software in its possession or control; and (c) each party shall promptly return or destroy all Confidential Information of the other party in its possession or control. Termination of this Agreement shall not affect any rights or obligations of the parties that have accrued prior to the effective date of termination.
    
    10.5 Survival. The provisions of Sections 3 (License Restrictions), 4 (Ownerships and Intellectual Property Rights), 5 (Warranty Disclaimer), 6 (Limitation of Liability), 7 (Indemnification), 8 (Confidentiality), 13 (Governing Law and Dispute Resolution), and 14 (Miscellaneous) shall survive the termination of this Agreement for any reason.
    
    
11. Software Updates
    
    11.1 From time to time, the Company may, in its sole discretion, develop and provide software updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. The Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
    
    11.2 The Customer agrees that the Company may, in its sole discretion, automatically install Updates on the Customer's systems and devices, and the Customer shall promptly implement any such Updates provided by the Company. The Customer acknowledges and agrees that the Company may require the Customer to install Updates to continue using the Software, and the Customer shall promptly install any such Updates provided by the Company. The Customer's continued use of the Software following the provision of an Update constitutes the Customer's acceptance of such Update.
    
    11.3 The Company shall not be liable for any damages, losses, or other consequences resulting from the Customer's failure to install Updates in a timely manner, or for any adverse effects that may result from the installation of Updates. The Customer shall be solely responsible for maintaining appropriate backup copies of its data and systems to protect against any potential adverse effects of Updates.
    
    
12. Related Agreements
    
    12.1 By entering into this Terms of Service ("Agreement"), the Customer acknowledges and agrees to be bound by the terms and conditions of the Company's Privacy Policy and Terms of Service, as may be amended from time to time, which are incorporated herein by reference. The Customer represents and warrants that it has read, understood, and agrees to comply with the Privacy Policy and Terms of Service.
    
    12.2 The Company reserves the right to modify this Agreement, the Privacy Policy, and Terms of Service at any time, in its sole discretion. Any such modifications shall be effective upon posting on the Company's website or otherwise making them available to the Customer. The Customer's continued use of the Software following any such modifications constitutes acceptance of the modified Privacy Policy and Terms of Service.
    
    12.3 In the event of any conflict or inconsistency between the terms of this Agreement and the terms of the Privacy Policy or Terms of Service, the terms of this Agreement shall prevail, unless expressly stated otherwise in the Privacy Policy or Terms of Service.
    
    
13. Governing Law and Dispute Resolution
    
    13.1 Governing Law. This Agreement and any disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
    
    13.2 Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of sixty (60) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules.
    
    13.3 Arbitration. The arbitration shall be conducted in the State of Delaware, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party in any arbitration or other legal proceeding arising out of or relating to this Agreement shall be entitled to recover its reasonable attorneys' fees and costs from the other party. The parties agree that the arbitrator(s) shall have the authority to award such fees and costs as part of the arbitration award.
    
    13.4 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, without the requirement of posting a bond or other security.
    
    13.5 Waiver of Jury Trial. Each party hereby waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under, or in connection with this Agreement. Each party (a) certifies that no representative, agent, or attorney of any other party has represented, expressly or otherwise, that such other party would not, in the event of litigation, seek to enforce the foregoing waiver and (b) acknowledges that it and the other party have been induced to enter into this Agreement by, among other things, the mutual waivers and certifications in this Section 13.5.
    
    
14. Miscellaneous
    
    14.1 Entire Agreement. This Agreement, together with the Company's Privacy Policy, constitutes the entire agreement between the Company and Customer with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, of the parties relating to the subject matter hereof.
    
    14.2 Amendment. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both the Company and Customer. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or any other provision of this Agreement.
    
    14.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
    
    14.4 Assignment. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer this Agreement or any of its rights or obligations hereunder, in whole or in part, without the consent of Customer. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
    
    14.5 Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email of a document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses set forth in this Agreement (or to such other address as a party may designate by notice to the other party).
    
    14.6 Force Majeure. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond its reasonable control and occurring without its fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving the Company's employees), computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
    
    
15. Contact Information
    
    If the Customer has any questions or concerns regarding this Agreement, the Customer may contact the Company using the following information:
    
    HawkenAQ, Inc.
    Attn: Privacy Officer
    9450 SW GEMINI DR PMB 74601
    Beaverton Oregon 97008
    United States
    Email: support@gethawken.com