The Site is open to visitors. However, to access certain areas of the Site, we require you to register with us. Registration is free and allows you to access other Services not available to visitors including product profiles. By registering, you certify that the information you provide in the registration form is accurate.
***** ALL SALES ARE SUBJECT TO HYPERTEC’S TERMS AND CONDITIONS OF SALE. *****
- Use Restrictions and Intellectual Property
- Copyrights. All Content provided on the Site is protected by law, including U.S. and Canadian copyright law, intellectual property rights laws and international treaties. All Content is the copyrighted property of HYPERTEC or the original creator of such Content. Except as stated herein, none of the Content may be copied, reproduced, republished, displayed or distributed by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of HYPERTEC or the relevant right holder. The entire Site is Copyright 2021 HYPERTEC. All rights reserved.
- Framing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including text, images, or page layout) on the Site, nor may you “mirror” any Content on the Site on any other server, without the express prior written consent of HYPERTEC.
- Permission to Republish. Requests to republish or redistribute the Content should be addressed to HYPERTEC as directed in Section X hereof.
III. New Services, Your Password and Conformance with Laws
- Your Password. Certain areas of the Site are protected by passwords. You are solely and fully responsible for keeping your password confidential, and will be solely and fully responsible for all uses of your password or registration, even if these uses were not authorized by you. If you become aware of any unauthorized use of your password or registration, you are required to notify HYPERTEC immediately in accordance with Section X below.
- Limitations of Liability
- YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER HYPERTEC NOR ITS LICENSORS MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE, THE CONTENT OR THE SERVICES. HYPERTEC AND/OR ITS LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE, THE CONTENT OR THE SERVICES. FURTHER, HYPERTEC IS NOT RESPONSIBLE FOR ANY SLANDEROUS, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. HYPERTEC SHALL HAVE NO LIABILITY TO YOU RELATING TO THIS AGREEMENT OR THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION.
- THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TECHNICAL OR OTHER ADVICE TO YOU AND YOU SHOULD NOT RELY UPON THE CONTENT TO PROVIDE ANY SUCH ADVICE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS REGARDING THE EVALUATION AND VERIFICATION OF ANY CONTENT PROVIDED ON THE SITE AND, IN ANY EVENT, PRIOR TO MAKING ANY PURCHASES BASED ON SUCH CONTENT.
- TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HYPERTEC AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLICATIONS, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING YOUR USE OF THE SITE. HYPERTEC AND ITS LICENSORS DO NOT WARRANT THAT THE SITE, OR ANY INFORMATION, PRODUCT OR SERVICE THAT MAY BE OBTAINED THROUGH A LINK FROM OR TO THE SITE, WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
- UNDER NO CIRCUMSTANCES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, SHALL HYPERTEC OR ITS LICENSORS BE RESPONSIBLE FOR, AND HYPERTEC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, COMPENSATORY, ACTUAL, PUNITIVE, SPECIAL, INCIDENTAL, EXPECTANCY, EXEMPLARY, INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR PROFIT, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING OUT OF USE, THE INABILITY TO USE, REFERENCE TO, OR RELIANCE ON ANY INFORMATION OBTAINED ON, DOWNLOADED, OR HYPERLINKED FROM THE SITE OR THE CONTENT ON THE SITE, EVEN IF HYPERTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA YOU ASSUME ANY COSTS THEREOF.
- HYPERTEC SHALL NOT BE LIABLE OR DEEMED TO BE IN DEFAULT FOR UNAUTHORIZED ACCESS TO THE SITE.
- YOUR SOLE REMEDY FOR DISSATISFACTION WITH HYPERTEC OR THE SITE IS TO STOP USING THE SITE, INCLUDING ANY OF THE SERVICES OR PRODUCTS ADVERTISED OR AVAILABLE ON THE SITE. IF, FOR ANY REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE UNDER THE CIRCUMSTANCES, YOU AGREE THAT HYPERTEC’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR SUCH SERVICES OR PRODUCTS OR FOR ACCESSING THE SITE.
- SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Links, Viruses and Indemnification
- Viruses. HYPERTEC cannot and does not guarantee or warrant that the Site, the Content or the Services are compatible with your systems or that the Site, the Content or the Services will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems. You are responsible for the costs of any service, repairs or connections which may be necessary to your systems as a result of your use of the Site, the Content or the Services.
- Entire Agreement, Severability and Electronic Communications
- Electronic Communications. When you access or use the Site or send e-mails to HYPERTEC, you are communicating with HYPERTEC electronically. You consent to receive communications from HYPERTEC electronically. HYPERTEC will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that HYPERTEC provides to you electronically satisfy any legal requirement that such communications be in writing.
VII. Governing Law and Dispute Resolution
- The validity, interpretation and performance of this Agreement, with respect to use of the Site outside of Canada, shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflicts of laws principles. With respect to use of the Site within the U.S., sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be with an appropriate federal or state court located in Phoenix, Arizona.
- The validity, interpretation and performance of this Agreement with respect to use of the Site within Canada, this Agreement shall be governed by and construed in accordance with the laws of Quebec, without giving effect to conflict of laws principles. With respect to use of the Site within Canada, sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall lie properly in Montreal, Quebec.
- Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Montreal, Quebec except that, to the extent you have in any manner violated or threatened to violate HYPERTEC’s intellectual property rights, HYPERTEC may seek injunctive or other appropriate relief in any court in accordance with subsections A and B above. Arbitration under this agreement shall be conducted pursuant to the rules of commercial arbitration of the Quebec Code of Civil Procedure. 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
VIII. Discontinuance of Service
HYPERTEC may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or Content. HYPERTEC may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
- Termination and Waiver
- Suspension. HYPERTEC reserves the right to deactivate, suspend, block or terminate your use of the Site if such use is found or is reasonably suspected to involve or facilitate any unauthorized, illegal, abusive, or unethical act or a violation of these Terms. In addition, HYPERTEC reserves the right to deactivate, suspend, block or terminate your use of the Site, the Content or the Services immediately, without notice, in our sole discretion.
- Termination of Use. The permission to use the Site granted by this Agreement automatically terminates if you breach any of the terms and conditions contained herein. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any Content contained in this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations.
- Failure by HYPERTEC to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.
- Contact Information
All notices to and correspondence with HYPERTEC should be directed to a HYPERTEC representative.