Terms and Conditions
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("TOS") BEFORE USING THIS SITE AND ANY SERVICES OFFERED BY THIS SITE.
By continuing to access, link to, download from, or use this site or any service or tool on this site or provided via this site, or registering an account, you signify YOUR ACCEPTANCE OF THE TOS and thereby agree to be bound by each of the terms and conditions of the TOS. hyperI/O LLC ("hyperI/O") reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective and in force immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this site. Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access, link to, or use the site or any acquired goods or services from the site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by hyperI/O LLC.
User Consent to the TOS
You represent that you have read and agree to be bound by the TOS.
1. Intellectual Property
This Web site, including but not limited to text, content, photographs, video, audio and graphics, goods and services (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by hyperI/O and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of hyperI/O and such others. You agree to protect the proprietary rights of hyperI/O and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by hyperI/O or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service.
You agree to promptly notify hyperI/O in writing upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and hyperI/O, at all times be and remain the sole and exclusive property of hyperI/O. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to hyperI/O for its exclusive use.
All materials provided on this Web site are provided by hyperI/O or by its respective third-party manufacturers, developers, and vendors. These materials are the copywritten work of hyperI/O and/or its third party providers. Except as specifically permitted by the TOS, you may not copy (or otherwise reproduce), distribute, republished, download, display, or transmit these materials in any form or by any means, without the prior written permission of hyperI/O or the third-party provider. Also except as specifically permitted by the TOS, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without hyperI/O’s prior written approval.
2. Restrictions on Use
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity, and as applicable in accordance with the hyperI/O "End-User Software License Agreement (EUSLA)".
You may use the "E-mail a friend" function solely to inform others about a hyperI/O product or service, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of hyperI/O in any manner which creates the impression that such items belong to or are associated with you or are used with hyperI/O’s consent, and you acknowledge that you have no ownership rights in and to any of such items.
You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means.
3. License
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download from the Service, you must do so in accordance with the TOS. Such download is licensed to you by hyperI/O ONLY for your own use in accordance with the TOS (and in accordance with the hyperI/O "End-User Software License Agreement (EUSLA)" as applicable) and does not transfer any other rights to you.
4. Fees and Payments
hyperI/O reserves the right at any time to charge fees for the use of its licensed services and products. If at any time hyperI/O requires a fee for these licensed services or products, hyperI/O may require you to register and create an account. You shall pay all fees and charges for the corresponding licensed services or products. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall be responsible for paying any and all applicable taxes related to your purchase of any licensed service or product. All sales are final.
5. Registration and Account Creation
As part of the registration and account creation process, you will select a username and a password. You will provide hyperI/O with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (1) select a username already used by another person; (2) use a username in which another person has rights without such person's authorization; or (3) use a username or password that hyperI/O, in its sole discretion, deems offensive or inappropriate. hyperI/O reserves the right to deny creation of your account based on hyperI/O’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify hyperI/O by submitting feedback of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. hyperI/O reserves the right to terminate your account, in its sole discretion, at any time without notice.
You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, hyperI/O reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service.
6. Disclaimer and Limitation of Liability
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT HYPERI/O LLC MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) hyperI/O does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by hyperI/O or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that hyperI/O and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of hyperI/O or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against hyperI/O by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by hyperI/O. Therefore hyperI/O is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. hyperI/O does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; (c) guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer; or (d) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. hyperI/O is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that hyperI/O and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HYPERI/O LLC, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF HYPERI/O LLC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL HYPERI/O'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE.
7. Your Authority to Agree to this TOS
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
8. Indemnification
You agree, at your own expense, to indemnify, defend and hold harmless hyperI/O, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. hyperI/O reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with hyperI/O in asserting any available defense. You acknowledge and agree to pay hyperI/O's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by hyperI/O under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify hyperI/O pursuant to the TOS.
9. Termination
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, hyperI/O may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from hyperI/O if you, in hyperI/O’s sole discretion, fail to comply with any provision of the TOS. (c) hyperI/O shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or hyperI/O, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
10. Governing Law
The TOS shall be governed and construed in accordance with the laws of the United States and the State of Colorado, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Boulder County in the State of Colorado with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.
11. United States Export Control and Foreign Assets Control Regulations
hyperI/O does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as "U.S. Prohibited Party Lists"). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.
12. Miscellaneous
You accept that hyperI/O has the right to change the content or technical specifications of any aspect of the Service at any time in hyperI/O’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of hyperI/O to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 1 through 8, 9(c), and 10 through 15 shall survive any termination of the TOS.
13. Headings
The section titles in the TOS are used solely for the convenience of you and hyperI/O and have no legal or contractual significance.
14. Severability
If any provision of the TOS is found invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
15. Entire Agreement
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and hyperI/O and govern your use of the Service.