Last Modified: June 2, 2020

1. Your Acceptance

Welcome to the Terms of Service for Hiro. This is an agreement ("Agreement") between Hiro, Inc. ("Hiro"), the owner and operator of www.hirodomains.com, any other related websites, associated software, and any related services or products offered (collectively the "Platform") and you ("you", "your", or "User"), a User of the Platform.

Throughout this Agreement, the words "Hiro," "us," "we," and "our," refer to our company, Hiro, as is appropriate in the context of the use of the words.

By clicking "I agree", subscribing to the Platform, and accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms of Service or the Privacy Policy and may notify you when we do so. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS. If you do not agree to the Terms of Service or the Privacy Policy please cease using our Platform immediately.

2. Registering for an Account and Verification

Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All users are required to provide truthful, up-to-date, and accurate information when registering for our Platform and must be over the age of 18. We reserve the right to verify all user credentials and to reject any users. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify Hiro immediately of any unauthorized use of your account or any other breach of security. Hiro will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. You may also create an account on behalf of your business or organization, where you create such an account you represent and warrant that you have the authority to enter into this Agreement on behalf of your business or organization. In order to create an account or use some of the Hiro Services, you agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested. Additionally, you agree to reasonably cooperate with any instructions that Hiro may request in verifying your identity.

3. Access

After registering and being permitted to access the Platform, where required, we shall grant you access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for Hiro. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct

4. Platform Ownership

You acknowledge that the structure, organization, and code of the Platform, any Hiro Services (defined below), and all related software components are proprietary to Hiro and/or Hiro's licensors and that Hiro and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications,copies, enhancements, derivatives, and other software and materials developed hereunder by Hiro. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform, access to the Platform, or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by Hiro to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Hiro. All rights not expressly granted in this Agreement are reserved for us.

5. Hiro Services

The Hiro Platform may offer products or services which may include the registration of graphical domains ("Hiro Services"). You may use the Platform and any Hiro Services solely as permitted and provided for by Hiro. Please be aware that any Hiro Services, except as expressly stated otherwise, are offered on an "as is" basis and Hiro makes no representations or warranties regarding any of the Hiro Services offered. Hiro reserves the right to modify, change, and/or discontinue any and all portions of the Platform or any Hiro Services at any time. Some of the Hiro Services, including but not limited to Registration Services (as defined within the Hiro Graphical Domain Registration Agreement) shall require Users to agree to additional agreements and additional policies. These policies and agreements apply to certain Hiro Services and are in addition to this Agreement. In the event of a conflict between the provisions of such an additional agreement and the provisions of this Agreement, the provisions of the applicable additional agreement shall control.

6. Discontinuance of Services

Hiro reserves the right to discontinue offering access to the Platform or any Hiro Services at its discretion. Where any Hiro Service shall be discontinued Hiro shall attempt to notify you prior to the discontinuance of the Hiro Service (but are not obligated to do so); however, it is the User's responsibility to take all necessary steps such as migration upon notice of a discontinuance of any Hiro Service. Hiro shall not be liable or responsible for any losses and damages a User may experience for any discontinuance of a Hiro Service.

7. Transfer and Change of Registrant Services

Where a user ("Transferor") wishes to transfer a graphical domain registered ("Transfer") to another user ("Transferee") via the Hiro Services, Hiro may assist in such Transfer. Hiro's role in any Transfer is limited to the responsibilities set forth within this section. Both Transferor and Transeree agree that Hiro's only role shall be to process the change of registrant information and/or transfer the registration from Transferor to Transferee via the Platform in accordance with both party's instructions. For any Transfer, Transferor and Transferee are solely parties to such an agreement to Transfer the specific graphical domain and assume full responsibility for all terms of the Transfer including but not limited to confirming the legal validity of any change of registrant information, initiating the Transfer, agreeing on the Transfer terms, and verifying that the Transfer was properly and successfully completed. Both Transferor and Transferee agree to reasonably cooperate with all requests issued by Hiro to assist in a Transfer. Hiro may issue communications where necessary to either Transferee and/or Transferor for the purposes of verifying that the Transfer is legitimate.

The Transferor agrees to release, indemnify and hold Hiro harmless for any issues that arise as a result of an improper Transfer, whether intentionally or unintentionally initiated, and whether such Transfer was made by the Transferor or others acting on the Transferor's behalf. Where a Transfer occurs, both Transferor and Transferee hereby represent and warrant that, it has the right, power, legal capacity and appropriate authority to enter into such Transfer on behalf of the Transferor and Transferee, respectively, and that they have not transferred to any other person or entity any of the rights, claims, or interests that are the subject of such Transfer.

8. Proxy Services

In addition to providing graphical domain registration services through Hiro, Hiro may also offer proxy services ("Proxy Services") that assist in making some user information inaccessible to the public. Proxy Services may be subject to additional fees (that are subject to change) and shall renew on the same renewal period as the Registration Services (defined by the Hiro Graphical Domain Registration Agreement). Additional, information regarding the Proxy Services provided may be found within the Hiro Platform.

Where a User provides any information for the purposes of using any Proxy Services, such User represents and warrants that all such information is up to date, accurate, and complete. Although the Proxy Services may make some User information non-publicly accessible, you agree that we may cancel the Proxy Services at any time and at our discretion without liability to you. Further, we may reveal any information shielded by the Proxy Services and disclose such information to third parties where you have violated this Agreement or where we believe in our sole discretion that your actions may harm Hiro, our business interests, or a third party.

9. Pricing

The pricing for all Hiro Services including all renewals are listed on the Hiro Platform or within your account. Additionally, Hiro may increase the price of any Hiro Services, at our discretion and we reserve the right to do so at any time. In the event of a price increase, Hiro shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase, your access to the Platform or this Agreement may be terminated immediately at our discretion. You agree that Hiro has no obligation to offer any services for the price originally offered to you at sign up.

10. Payment

User agrees to pay for all costs, fees, and taxes listed when purchasing any Hiro Services. Where you have properly paid we shall grant you access to the Hiro Services offered in accordance with this Agreement. User authorizes Hiro or its third party payment processors to charge their method of payment on file at the time of purchase. Where applicable, you must agree to our third party payment processors terms and conditions for processing payments. All prices are listed in US Dollars. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, Hiro may suspend or terminate your access to any Hiro Services or the Platform, without liability to us.

11. Refunds

We want you to be satisfied with the Hiro Services; however we cannot offer any refunds at this time. If you are having any issues with the Hiro Services or you believe that you may be entitled to a refund please contact us via the Platform or at help@hirodomains.com.

12. Subscription Plans and Renewals

Users wishing to purchase any Hiro Services that automatically renew may be subject to these subscription terms. Where you purchase a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC RENEWALS, HIRO MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION PERIOD) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE HIRO SERVICES SELECTED. Please be aware that you are able to cancel your subscription prior to purchase or at any time by cancelling via your Platform account dashboard or by contacting us via the Platform.

13. Taxes

Where Hiro does not charge you taxes for any payments, you agree to pay any and all applicable taxes for any Hiro Services purchased.

14. User Privacy

We value your privacy and understand your privacy concerns.  Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices.  All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  

15. Use of the Platform

When using our Platform or any Hiro Services you agree to the following:

• You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated "scraping";
• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
• You may not use automated bots or other software to send more messages through our Platform than humanly possible;
• You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform for any activity that promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material, violates online sex trafficking laws, or promotes or facilitates prostitution and/or sex trafficking;
• You may not use the Platform fir any activity that promotes, encourages or engages in any spam or other unsolicited bulk email, hacking, black-hat, or other activity designed to compromise computer systems;
• You may not use the Platform in an unlawful, misleading, deceptive, or fraudulent manner 
• You may not use the Platform to promote/encourage illegal activity and you must comply with all laws of your local jurisdiction while using the Platform;
• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; 
• You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
• You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
• You may not violate any requirements, procedures, policies or regulations of networks connected to Hiro;
• You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform; 
• You may not interfere with or disrupt the Platform;
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, promoting terrorism or violence against other, or harassing.
• You agree that you will not hold Hiro responsible for your use of our Platform; and
• You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party's website, such as by requesting its removal from a search engine.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Hiro reserves the right to suspend or terminate any account at any time without notice or explanation.

16. User Content

A Users ability to submit or transmit any information through the Platform, including but not limited to user information, data, recordings, other information, written content, images, videos, or any other information will be referred to as "User Content" throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We may provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.

When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.

When you submit any User Content to us, you grant Hiro, its partners, affiliates, Users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement. User Content will not be shared with any third parties except as required to provide the Hiro Services and as disclosed by our Privacy Policy. Hiro has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Hiro shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.

17. Monitoring User Content

Hiro shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Hiro shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.

18. Platform Availability

Although we try to provide continuous availability to you, we do not guarantee that the Platform along with any offered Hiro Services will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.

19. Modification of Platform

We reserve the right to alter, modify, update, or remove the Platform or any Hiro Services, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform.

20. Intellectual Property

The name "Hiro" along with the design of the Hiro Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Hiro, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Hiro reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.

21. Idea Submission

Hiro or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to Hiro. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Hiro' products might seem similar to ideas you submitted to Hiro. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of Hiro, without any compensation to you; (2) Hiro may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Hiro to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

22. Disclaimer

THE PLATFORM AND ALL HIROS SAERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HIRO, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY HIRO SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HIRO, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. HIRO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. HIRO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY USER CONTENT) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. HIRO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND HIRO SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

23. Limitation of Liability

IN NO EVENT SHALL HIRO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HIRO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY HIRO'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED USD, WHICHEVER IS GREATER.

24. Indemnity

You agree to defend, indemnify and hold harmless Hiro, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• your use of the Hiro Services and access to the Hiro Platform;
• your violation of any term of this Agreement; or
• your violation of any third party right, including without limitation any copyright, property, or contractual right.

This defense and indemnification obligation will survive this Agreement and your use of the Hiro Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

25. Copyrights

We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:

• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Hiro, help@hirodomains.com or Hiro, Inc. 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250. 

Counter Notice

In the event that you receive a notification from Hiro stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.

Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.

26. Choice of Law

This Agreement shall be governed by the laws in force in the state of Arizona. The offer and acceptance of this contract is deemed to have occurred in the state of Arizona.

27. Disputes

You and Hiro agree to arbitrate all "Disputes," defined as any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between you and Hiro, including but not limited to any claims relating in any way to this Agreement (including its breach, termination and interpretation), any other aspect of our relationship and/or any use of Hiro Platform or the Hiro Services. "Disputes" also include any claims that arose before this Agreement and that may arise after termination of this Agreement. Notwithstanding the foregoing, you or Hiro may choose to pursue a claim in court and not by arbitration if you fail to timely pay amounts due. Hiro may assign your account for collection, and the collection agency may pursue in any court of competent jurisdiction any claim that is strictly limited to the collection of past due amounts and any interest or cost of collection permitted by law or this Agreement.

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST HIRO. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) ("AAA") according to this provision and the applicable arbitration rules. To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the "Claimant") to the AAA, and a written Demand for Arbitration must be provided to the other party (the "Opposing Party"), pursuant to the AAA Rules. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. The Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"), fully applies. Arbitration hearings will be held in Scottsdale, Arizona or any other location that is mutually agreed upon by you and Hiro. You or Hiro may elect to have the arbitration conducted by telephone, video conference, or based solely on written submissions, which election shall be binding on you and Hiro subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone or video conference by you or by Hiro, unless the arbitrator requires otherwise.

A single arbitrator will be mutually selected by Hiro and you, and shall be (i) a practicing attorney licensed to practice law in Arizona or a retired judge; and (ii) selected from the arbitrators on the AAA's roster of commercial dispute arbitrators who have a background in payroll, health insurance, human resources, and/or online commerce law (or if there are no such arbitrators, then from the arbitrators on the AAA's roster of commercial dispute arbitrators) (collectively, the "Arbitrator Requirements"). If you and Hiro cannot mutually agree upon an arbitrator within ten (10) days of the Opposing Party's receipt of the Demand for Arbitration from the Claimant, then the AAA shall appoint a single arbitrator that satisfies the Arbitrator Requirements. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys' fees and expert witness fees. The award rendered by the arbitrator shall be final and binding upon you and Hiro. A judgment on the award may be entered and enforced in any court of competent jurisdiction. Hiro may, in its sole discretion, commence an action in any state or federal court of competent jurisdiction within the County of Maricopa, AZ, for any monetary amounts that you owe to Hiro (each, an "Action"). You hereby waive any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any Action brought by Hiro in such courts.

You and Hiro agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the FAA shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement. YOU FURTHER ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU AND HIRO ARE EACH WAIVING THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT. The arbitration provisions shall not apply to (i) any claim related to actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (including but not limited to imminent danger or commission of a crime, hacking, or cyber-attack).

Opt-Out

You may opt-out of this dispute resolution provision by notifying Hiro within 30 days of the date on which you entered into this Agreement.You must do so by writing to Hiro, Inc. 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Hiro through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Scottsdale, AZ.

28. Class Action Waiver

You and Hiro agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

29. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Hiro are deemed to conflict with each other's operation, Hiro shall have the sole right to elect which provision remains in force.

30. Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

31. Assignment and Survival

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.

32. Termination

You may cancel your access to the Platform at any time via your Hiro dashboard or contacting us at help@hirodomains.com. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any Hiro Services purchased may become immediately inaccessible. We may terminate this Agreement or your use of the Platform including any Hiro Services, if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement, any additional agreemnts, or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Hiro, our business interests or a third party, at our discretion.

33. Entire Agreement

This Agreement, along with any additional agreements and the Privacy Policy and any other supporting policies provided by Hiro constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.

34. Reservation of Rights

Hiro expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to any portion of the Platform or any Hiro Services offered (including the right to cancel or transfer any graphical domain registration) for any reason as determined by Hiro in its sole and absolute discretion

35. Third Party Websites

The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hiro and Hiro is not responsible for any content found on the Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hiro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hiro of the site or any association with its operators.

Certain services made available via the Platform are delivered by third party sites and organizations. By using any product, service or functionality originating from the Platform you hereby acknowledge and consent that Hiro may share such information and data with any third party with whom Hiro has a contractual relationship to provide the requested product, service or functionality on behalf of you the User.

36. Amendments

We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.

37. Electronic Communications

The communications between you and Hiro use electronic means, whether you visit the Platform or send Hiro e-mails, or whether Hiro posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Hiro in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Hiro provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

38. Export Controls

The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

39. Platform Issues

Where you have any questions, issues, or if you are having trouble accessing or using the Platform or any Hiro Services, please contact us at help@hirodomains.com 

40. Acts of God

All errors shall be at the sole responsibility and expense of the user. Additionally, we shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption of the Platform, directly or indirectly caused by, or proximately resulting from, any circumstances beyond our control, including, but not limited to, causes attributable to you, inability to access to the Platform, failure of a communications satellite, strike, labor dispute, contagion, riot or insurrection, war, explosion, malicious mischief, fire, flood, lightning, earthquake, wind, ice, extreme weather conditions, or other acts of God, failure or reduction of power, or any court order, law, act or order of government restricting or prohibiting the operation of or access to the Platform.

41. California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Hiro must be sent to our agent for notice to: help@hirodomains.com or Hiro, Inc. 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250 

California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.