Terms of Use: HDM Utah
BY ACCESSING OR USING THIS WEBSITE, OUR SERVICES, OR OUR PRODUCTS, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
1. Prototyping Services & Liability: Evaluation Only: All prototypes produced by HDM Utah are intended strictly for research, development, and aesthetic evaluation. They are not consumer-ready products and have not been safety-certified for general use. Limitation of Liability: HDM Utah shall not be liable for any injury, loss, or damage arising from the use of a prototype beyond its intended evaluation purpose. Use of any prototype is at the user’s own risk.
2. Intellectual Property (IP) Rights: Transfer of Ownership: Ownership of the final design created specifically for your project ("Foreground IP") shall transfer to the Client only after all invoices are paid in full and all final deliverables have been approved. Background IP: HDM Utah retains exclusive ownership of all "Background IP," including but not limited to proprietary manufacturing processes, software, code, trade secrets, and pre-existing design methodologies used to fulfill the services. Default: Until final payment is received, HDM Utah retains all rights to any and all work produced.
3. Digital Products & Restricted License: Digital products, including project files, CAD data, and instructions, are sold under a Limited, Non-Exclusive License. By purchasing, you agree to the following: No Redistribution: You may not copy, share, gift, or resell the digital files or any modified versions of the files. No Commercial Sale of Physical Goods: You are permitted to create a physical version for personal use only. You are strictly prohibited from selling the physical result, whether in its original or a modified state. No Refunds: Due to the irreversible nature of digital downloads, all sales of digital products are final and non-refundable.
4. Client-Provided Content & Patent Indemnity: Client Responsibility: You represent and warrant that you own or have the legal right to any files, designs, or data you upload to HDM Utah. Indemnification: HDM Utah acts solely as a manufacturer/service provider. We do not perform patent or trademark searches. You agree to indemnify, defend, and hold harmless HDM Utah from any claims of patent, copyright, or trademark infringement resulting from the production of designs provided by you.
5. Shipping & International Orders: International Shipping: HDM Utah offers international shipping on a case-by-case basis. The recipient is the "importer of record" and must comply with all laws and regulations of the destination country. Duties and Taxes: All customs duties, taxes, and brokerage fees are the sole responsibility of the customer.
6. Governing Law: These terms are governed by the laws of the State of Utah. Any legal action or proceeding related to this website or our services shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah.