Please read these Terms of Use carefully before each use of HYPERindustrial.com (the “website”), which is operated by HYPERINDUSTRIAL.COM (“HYPERINDUSTRIAL.COM”, “our”, “we” or “us”).By using or accessing the website you agree to be legally bound by these Terms of Use as they may be modified and posted on the website from time to time. If you do not wish to be bound by these Terms of Use, please do not access the website.

Please also review our Privacy Policy, which also governs your visit to HYPERindustrial.com.

MODIFICATIONS TO THE WEBSITE

We reserve the right to make changes, corrections, or modifications to the website, to alter, suspend or discontinue any aspect of the website or the content or services available through it, including your access to it. Un less explicitly stated to the contrary, any new features, including but not limited to new content, and/or the sale of new products and the release of new software tools or resources shall be subject to these Terms of Use.

INFORMATION YOU PROVIDE TO US

The following applies to any information you provide to us, for example during any registration or ordering process:

  1. You authorize us to use, store or otherwise process any personal information which relates to and/or identifies you, including without limitation your name and address, to the extent reasonably necessary to provide the services which are made available through the website by us, our partners, successors, associates, sub-contractors or other third parties (collectively, “Related Parties”).
  2. It is your responsibility to ensure that any Personal Information you supply to us is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. Please refer to our Privacy Policy for further information regarding how we deal with your Personal Information.

By continuing to use this website and thereby accepting these Terms of Use, you agree to the processing and disclosure of the Personal Information as stated herein and in the Privacy Policy. If you would like to review or modify any part of your Personal Information, please contact us at info AT HYPERindustrial.com

USER-SUBMITTED CONTENT

The following applies to all messages, product reviews, e-mails, postings, ideas, suggestions, concepts or other materials submitted by you to us (“User-Submitted Content”):

  1. You must have the right to submit User-Submitted Content for publication on the website and all User-Submitted Content must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards and/or codes of practice;
  2. User-Submitted Content may not infringe the copyright, design, privacy, publicity, data protection, trademark or any other rights of any third party;
  3. User-Submitted Content may not be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
  4. User-Submitted Content may not advertise or otherwise solicit for funds or for the sale of goods or services; and
  5. We have the right to monitor User-Submitted Content and may edit, reject or remove User-Submitted Content if we believe it does not comply with these Terms of Use. We further reserve the right to block incoming e-mails and other content if we believe that their content is or may be inappropriate or otherwise does not comply with these Terms of Use.

You hereby grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all User-Submitted Content that you submit to us except any portion of the User-Submitted Content that is Personal Information. You have sole responsibility for the User-Submitted Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption another pecuniary or consequential loss (including legal costs and expenses)suffered or incurred by and arising directly or indirectly out of the publication of content submitted by you to us.

You warrant and undertake that you will not use this website for any purpose that is illegal or prohibited by these Terms of Use, including without limitation the posting or transmitting of libelous, defamatory, inflammatory or obscene material. If you breach these Terms of Use, then your permission to use this website terminates immediately and without notice. We reserve the right to deny access to any person who fails to comply with these terms and conditions.

SECURITY

You may choose to create an account at www.HYPERindustrial.com. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, e-mail verification and password that may be given to you or selected by you for use on the website. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of this information or any other breach of security regarding this website that comes to your attention.

APPLICABILITY OF CONTENT

Unless otherwise specified, all content and materials published on this website are presented solely for your private, personal and non-commercial use.

We have made reasonable efforts to ensure that this website complies with the laws of the United States of America. We make no representations that the materials on this website are appropriate or available for use in locations outside the United States. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of this website and viewing of it, or use of any material or content on the website or services, or products offered through the website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorized to view or use the website and you must exit immediately.

We make no representations and give no warranties, express or implied, that making the products offered on this website (collectively, the “Products”) available in any particular jurisdiction outside the United States is permitted under any applicable foreign laws or regulations. Accordingly, if making the Products or any part available in your jurisdiction to you (by reason of nationality, residence or otherwise) is prohibited, those Products are not offered for sale to you. You accept that if you reside outside the United States, you must satisfy yourself that you are lawfully able to purchase the Products. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products by persons in jurisdictions outside the United States or who are nominees of or trustees for citizens, residents or nationals of other countries.

INTELLECTUAL PROPERTY

The contents of this website, including but not limited to text, graphics, logos, button icons, images, audio clips, data complications and software, and the compilation thereof (collectively, the “Content”), are the property of HYPERINDUSTRIAL.COM or our affiliates and are protected by national and international copyright laws and other intellectual property rights. All product and company names and logos mentioned on our website (collectively, the “Trademarks”) are the trademarks, service marks or trading names of their respective owners, including us. Except as set forth in the Limited Licenses section below, or as required under applicable law, neither the Content or Trademarks or any portion of HYPERindustrial.com may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

LIMITED LICENSES

We grant you a limited, revocable, and non-exclusive license to access and make personal use of HYPERindustrial.com. This limited license does not include the right to: (I) frame or use framing techniques to enclose HYPERindustrial.com   or any portion thereof; (ii) modify or download HYPERindustrial.com or Content (except caching or as necessary to view the website); (iii) make any use of HYPERindustrial.com or Content other than personal use; (iv) create any derivative work based upon either the website or its Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or other “hidden text “utilizing our name or the Trademarks or to otherwise use the Trademarks; or(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our systems.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to HYPERindustrial.com for personal, on-commercial use only. A web site that links to HYPERindustrial.com (each a “Linking Website”) may link to, but not replicate, our Content, but such Linking Website may not: (I) imply that we are endorsing the Linking Website or its services or products; (ii) misrepresent its relationship with us; (iii) contain content that could be construed as obscene, and may contain only content that is lawful; (iv) portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner; or (v) use any Trademark. We may, in our sole discretion and for any or no reason, request that you remove any link to HYPERindustrial.com, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of HYPERindustrial.com terminates the limited licenses set forth in this section without prejudice to any other remedy provided by applicable law or these terms and conditions.

LINKED SITES

We make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. A link to any other website does not constitute our endorsement or our acceptance of any responsibility for the content, or the use of, such website. We are not liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any contents, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

AVAILABILITY OF THE WEBSITE

We will make every effort to keep this website available, however we do not guarantee that the website will operate continuously or without interruptions or be error free. We accept no liability for unavailability of the website. You may not attempt to interfere with the proper working of the website, nor may you attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

LIABILITY

We exclude and disclaim all other terms, conditions, warranties, representations or endorsements whatsoever, express or implied, with regard to any products (including, without limitation, the Products), website or any information or service provided through this website.

We will make reasonable efforts to ensure that all materials and information published on this website (other than User-Submitted Content) are accurate. However, all content, materials and information on this website is provided on an “as is “basis and you assume total responsibility and risk for your use of our website and use of any information contained within it.

We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect) in each case, however caused, even if foreseeable. In the event that you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of purchasing Products (which shall be subject to the exclusions and limitation of liability set out in these Terms of Use), we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us, our agents or any other person or entity.

If wearer found liable to you for any reason, our liability shall be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our gross negligence or for our fraudulent misrepresentation.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use this website and is compatible with this website. You understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and apply only to the extent permitted by applicable law.

DISPUTE RESOLUTION

These Terms of Use and your use of our website are governed by the laws of the United States and the state of Colorado. Any dispute relating to this website shall be submitted to arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may see injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under these Terms and Conditions shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.

GENERAL

We reserve the right to assign, transfer or subcontract any or all of our rights and obligations under these Terms of Use at any time.

We may alter these Terms of Use from time to time and post the new version on this website, following which all use of our website will be governed by the then-current version. You must check these Terms of Use regularly to ensure that you are familiar with the latest version.

These Terms of Use, together with the Privacy Policy, any order form and payment method instructions, if any, are the entire agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms of Use, Privacy Policy, order form and payment method instructions.

If any provision or term of these Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be severable from the other terms and shall be deemed to be deleted from them.

Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.