Your continued use of this Site or the services provided by the Company indicates that you agree to comply with these Terms. If you disagree with any of these Terms, you must immediately discontinue the use of the Site and the services provided by the Company.
If you use any additional services or features provided by the Company, you may be required to enter into a separate agreement relating to such services and/or features (an "Additional Agreement"). If there is any conflict between the terms of the Additional Agreement and these Terms, then the terms of the Additional Agreement shall prevail.
HWTrek Users and Services Summary
HWTrek is a platform aiming to accelerate the development of emerging technological hardware projects with the support from the HWTrek's service, features, tools, and the community where Creators and Experts can meet, connect, find support and conduct various business collaboration or partnership to make hardware innovation happen.
Creators are people who seek advice, support and services for their innovations. Creators, once signed up, may contact Experts and have access to their solutions or programs. Creators may also create projects by submitting their requirements and specifications and will be given the opportunity to determine the scope of project information to be displayed on the Site and set the level of accessibility to be granted to Experts. Once a project is set up, HWTrek will provide the Creator with a set of management tool (PDH) to keep track of the product development through the life of the project. HWTrek will also assign him/her a project manager to accompany the Creator, subject to the Creator's consent, to bridge the project to suitable Experts, solutions, and programs.
Experts are people who are willing to help and support Creators by offering professional advice and services regarding the design, features, specifications, cost, production, certifications, testing and pricing or other aspects of hardware manufacturing, marketing, distribution and service. Experts may have access to the project information that Creators elect to make open. Experts may display on the Site their personal and company profiles, their advice, responses, and the solutions they may offer. Solutions may be recommended by HWTrek to Creators and other Users.
The Company may from time to time team up with certain Experts to offer a packaged of services to Creators (the "Program"). The Program will be offered on need and on an application basis. HWTrek and the Experts have the right to elect, at their discretion, the Creator applicants to participate in the Program.
Application and Registration
You may view the Site without registering. However, as a condition of using certain services available on the Site, you are required to submit an application and register with the Company by indicating a specific User ID and password. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You must never use another User account without the other User’s express permission.
Any User, after filling a Creator application form and being approved by the Company, can sign up on the Site with a Creator account and becomes a Creator (the "Creator"). Any User, after filling an Expert application form and being approved by the Company, can sign up on the Site with an Expert account and becomes an Expert.
The services provided on the Site are only available to individuals who are at least 18 years old or of the minimum legal age enabling you to make a binding contract or bear any legal responsibility and the information submitted for signing up the Site must be accurate and truthful. The Company reserves the right to ask for proof of age or any identification information from you and your account may be suspended until satisfactory information is provided. The Company may, in its sole discretion, refuse to offer or revoke its services to any person or entity and change its eligibility criteria at any time.
All dealings are solely between Users. Neither HWTrek nor the Company is a party to any agreement between a Creator and an Expert, except for the agreements on the Programs. The Company does not guarantee the identity of any Users with whom you may interact while using the Site, but the Company will verify the identity of an Expert applicant according to the normal business practice of B2B platform industry.
Users shall take full responsibility for the content, messages and comments shared or expressed-publicly and privately- on the Site or in any email or other forms of communication between the Site and them.
Users shall not publish any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract.
The Company does not own the projects/or solutions that are displayed on the Site and does not contribute to the content, pictures or videos introducing the projects/or solutions or the functions, nor involve in any part of the projects’ development, production or distribution (except the role as consultant as specified in an Additional Agreement, if any). Users shall contact Creators and Experts directly in the event that there is any problem, complaint or issue related to the projects/or solutions through the HWTrek platform. If you believe your content has been infringed by other Users on the Site, please let us know.
The Company does not give any guaranty and warranty whatsoever with respect to projects and solutions, nor is it liable for any damages or losses incurred in relation to the projects and/or solutions or any other use of the Site. The Company is under no obligation to become involved in disputes between any Users, or between any of the Creators, Experts and any third party arising in connection with the use of the Site; including without limitation to delivery of goods and services, making payment and any other terms, conditions, warranties, or representations associated with the use of the Site. You release the Company and its directors, officers, employees, agents, and successors from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Site.
The Company is not liable for any errors or omissions in the content submitted by Users on their product pages or any other part of the Site.
The Company has the right to reject, cancel, remove or suspend any content or Projects, Solutions created by Users on the Site at any time for any reason and the Company is not liable for any damage or losses that may result from any of those actions.
The Company reserves the right to change, suspend, or discontinue the Site or any services available on the Site (including, but not limited to, the availability of any feature, database, or content on the Site) at any time for any reason. The Company may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
The services of the Company, including but not limited to operation of the Site, may be provided or carried out by the Company’s affiliates (the “Affiliates”). The Company may delegate any part of the services to its Affiliate. The “Affiliates” means, in relation to the Company, any entity controlled, directly or indirectly, by it, any entity that controls, directly or indirectly, it or any entity directly or indirectly under common control with it. For this purpose, control of any entity means ownership of a majority of the voting power of the entity.
Registration on HWTrek by Users is free. Standard features on the Site are, and will remain, free of charge, while extra features will be offered on a subscription fee basis.
The Company may also offer additional services (chargeable), which will subject to Additional Agreements in addition to these Terms.
Additional services to Creators
HWTrek Premium Sourcing Program: the Company will assist a Creator in selecting eligible suppliers and negotiate agreements in connection with product development and manufacturing.
HWTrek Premium Management Program: the Company will assist a Creator in supervising development and production of a product according to his/her/its milestones
Additional services to Experts
At the Expert’s request, HWTrek may provide a special marketing package to promote an Expert’s services or solutions to worldwide hardware innovators (including but not limited to Creators and their projects) and/or a supply chain management package to assist the Expert to achieve a better product/service delivery. The client relationship with the privileged Experts entering into a fee agreement with the Company will be disclosed on the Site.
Rules of Conduct
You are responsible for all of your activity in connection with the services available on the Site. You shall not, and shall not permit any third party using your account to, take any action or initiate a campaign that:
infringes any patent, trademark, trade secret, copyright, business secret or other right of any other person or entity under applicable laws, or violates any law or contract;
you know is false, misleading, or inaccurate;
is unlawful, threatening, abusive, harassing or harmful or offensive to another's privacy;
involves any junk mail, spam, or chain letters;
contains software viruses or any other computer codes or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party; or
is made in breach of any legal duty owed to a third party, including a contractual duty
Third-Party Sites Link
The Site may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Site. Any access to third-party websites or resources is made by you at your discretion and at your own risk. The inclusion of any link to third-party websites or resources in the Site or of any links to the Site on third-party websites or resources does not imply any endorsement by or trust or partnership relations with the Company. The Company is not responsible for any content or services provided or the accuracy thereof nor is it liable for any damages or losses resulting from your use of the content, services or goods available on any third-party websites or resources.
You agree that the Site contains content provided by the Company and its partners and Users and that the content may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights and laws. You shall abide by and maintain all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site.
The Company does not claim ownership of content you submit or make available on the Site, including but not limited to the information on the projects, the solutions, your trademarks, service marks, slogans, logos, and other proprietary rights. By contributing any content to the Site, you agree to grant the Company a worldwide, non-exclusive, and royalty-free right to reproduce, edit, modify, reformat, excerpt, translate, remove and publicly display (if you elect to) such content on the Site, for the purposes of the normal operation of the Site and for promoting or marketing the Company’s business or services available on the Site. This license exists as long as you continue to include the content on the Site and will terminate at the time you or the Company remove such content from it.
You further agree that your content will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
The Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any of the content contributed by you to the Site.
The Company will remove infringing materials in accordance with the Taiwan Copyright Act if properly notified that Content infringes copyright or plate rights (collectively, “Copyright”). If you are the owner of Copyright or the exclusive licensee of Copyright, (collectively, “Copyright Owner”), and you believe that your Copyright has been copied in a way that constitutes Copyright infringement, please notify the Site or the Company' Copyright Agent by submitting a form available on the Site or an email notification at firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the Copyright Act and the Regulation Governing Implementation of ISP Civil Liability Exemption, for more information):
an electronic or physical signature of the Copyright Owner or its agent;
the Copyright Owner’s or its agent’s name, address, telephone number, fax number, email address, or description of other automatic communication (if you are the agent of the Copyright Owner, please expressly state that you have been authorized by the Copyright Owner, and specify the Copyright Owner’s name)
the name and description of the Copyright that you claim has been infringed;
statement requesting the removal of, or disabling of access to, the material that allegedly infringes Copyright;
a description of where the material that you claim is infringing is located on the Site, sufficient for the Company to locate the material;
a statement that the Copyright Owner has a good faith belief that the disputed use is not legally authorized or is otherwise in violation of the Copyright Act; and
a declaration that the Copyright Owner is willing to bear legal liability in the event that there is misrepresentation with resultant injury to the Company or another.
Once the Company receives your notification and verifies that all required information has been provided, the Company will immediately remove or disable access to the disputed material or related information. In the event that the Company receives a counter-notification as specified below made by the alleged infringing person, the Company will forward such counter-notification to you. If you fail to provide documents evidencing that you have filed litigation against the alleged infringing person within 10 working days of the day following the date of your receipt of the counter-notification, the Company will restore the material previously removed or for which access had been, in accordance with the applicable laws.
If you are alleged to be infringing another’s Copyright, the Company will inform you of the removal of or the disabling of access to your material via the contact information that you have provided. IN THE EVENT OF REPEAT ALLEGED INFRINGEMENTS OF UP TO THREE TIMES IN NUMBER, YOUR SUBSCRIPTION WILL BE TERMINATED IN WHOLE OR IN PART. If you believe that your work has been removed or disabled by mistake or misidentification, please notify the Company’s Copyright Agent in writing by emailing us at email@example.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the Copyright Act and the Regulation Governing Implementation of ISP Civil Liability Exemption, for more information):
a physical or electronic signature of the subscriber of the Services or its agent;
the subscriber’s or its agent’s name, address, telephone number, fax number, email address (if you are the agent of the subscriber, please expressly state that you have been authorized by the subscriber, and specify the subscriber’s name);
a statement of the request to restore the material that has been removed or to restore access to the material;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the subscriber has a good faith belief that it has the legal right to use such material, and that material was removed or disabled as a result of mistake or misidentification of the material by the Copyright Owner or its agent;
a statement giving consent for the Company to forward the contents of the counter-notification and the subscriber's personal information to the Copyright Owner or agent thereof; and
a declaration that the subscriber is willing to bear legal liability in the event that there is misrepresentation with resultant injury to another or to the Company.
Once the Company receives your counter-notification, we will begin the restoration process pursuant to the Copyright Act and the Regulations Governing Implementation of ISP Civil Liability Exemption.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Our designated copyright agent for notice of alleged copyright infringement is:HWTrek Corporation
Attn: HWTrek admin
11F-1 159 Keelung Road, Xinyi District, Taipei 10070, Taiwan
Telephone number: +886-2-27423301
Fax number: +886-2-27691645
To the fullest extent permitted by the applicable law, HWTrek Corporation offers www.hwtrek.com and services as-is and makes no representations or warranties of any kind concerning the website or services, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement. HWTrek Corporation does not warrant that the functions or content contained on the website or services will be uninterrupted or error-free, that defects will be corrected, or that HWTrek Corporation ’s servers are free of viruses or other harmful components. HWTrek Corporation does not warrant or make any representation regarding use or the result of use of the content in terms of accuracy, reliability, or otherwise.
Limitation of Liability
To the extent permitted by applicable law, in no event shall the Company or its affiliates, nor each of its and its affiliates’ directors, employees, agents, partners, suppliers, content providers or representatives, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory for any indirect damages (including, without limitation, consequential, special, punitive, or incidental damages, damages for loss of profits or revenues, loss of privacy, pain and suffering, emotional distress, cost of substitute goods or services, business interruption, or loss of business information), arising out of the use of or inability to use the Site or the content or services available on the Site, or otherwise under or in connection with this Terms, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable.
You shall defend, indemnify, and hold harmless the Company or its affiliates and each of its and its affiliates’ directors, employees, agents, partners, suppliers, content providers or representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees and other legal costs, that arise from or relate to your use or misuse of, or access to, the Site or the service available on the Site, violation of these Terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any other person or entity.
By using the Site, you consent to receive from the Site or the Company all communications including notices, agreements or other information electronically. The Company may provide any notices by posting them on the Site.
If, in light of a particular set of facts and circumstances, any provision or provisions of this Term are held to be invalid or unenforceable by any court or arbitrator of competent jurisdiction, then: (i) the validity and enforceability of such provision or provisions as applied to any other particular facts or circumstances and the validity of other provisions of the Terms will not in any way be affected or impaired; and (ii) such provision or provisions will be reformed without further action, but only to the extent necessary to make such provision or provisions valid and enforceable.
Applicable Law and Competent Court
These Terms shall be governed in all respects by the laws of the Taiwan Republic of China, without regard to provisions regarding choice of laws.
In the event any dispute arises in connection with services provided by the Company or in connection with these Terms, the Taiwan Taipei District Court shall have jurisdiction of the first instance.