Please read the following terms and conditions carefully as they may have changed since your last visit.
The “Terms of Service” (the “Agreement”) constitutes a legal agreement between you (also referred to as “Customer”) and HyperTEK Corporation (also referred to as “HyperTEK”, “Company”, “we”, or “us”), a Michigan corporation. By using HyperTEK’s websites, products, or services (collectively referred to as “Services”), the Customer indicates acceptance and agrees to be bound by all terms and conditions of this Agreement. If the Customer does not accept the terms and conditions contained within this Agreement, then the Customer is not permitted to access or use HyperTEK’s Services. The “Term” is the time period the Customer is permitted to access and use HyperTEK’s Services.
This Agreement and Term shall take effect the first time the Customer accesses or uses HyperTEK’s Services.
- Overview – HyperTEK Corporation provides businesses and organizations with an order fulfillment and management platform, an ecommerce platform, an email marketing platform, website design, software development, hosting, and other related services.
- Changes – The Company reserves the rights to add, modify, revise, suspend, or discontinue any service, in whole or in part, either temporarily or permanently, with or without cause, and with or without notice.
- Support – The Customer acknowledges that the Company is not obligated to provide support, change, revise, or update the Services in any manner.
- When possible, if a Service is going to be discontinued, the Company will provide advance notice to the Customer.
General Terms & Conditions
- Service – The Services are provided subject to the terms and conditions contained within this Agreement, which may, be amended by the Company from time-to-time, to account for changes to Services, new laws, changes to existing laws, or for other reasons.
- Changes – The Company reserves the right to change any terms of this Agreement by posting the revised Terms of Service on any of the Company’s websites and/or by sending an email to the last email address the Customer provided to the Company. Unless the Customer terminates Service within ten (10) days, the new Agreement will become effective immediately with respect to continued use of Services. The new Agreement will always be effective immediately for new Services.
- Eligibility – The Company’s Services are only available to organizations or persons who can form legally binding contracts. The Company’s Services are not available to individuals under eighteen (18) years of age. By accessing or using the Services on behalf of an organization, you represent and warrant that you have the ability to bind the organization.
Communication with Customer – The Company reserves the right to send emails and other forms of communication to inform the Customer of the following:
- Service additions or changes
- Changes to this Agreement or fee schedules (outlined below)
- Violations of this Agreement
- Suspension, termination, or other action, which affects or may affect the Customer’s ability to access or use Services
- Other matters pertaining to the Company’s Services
The Company is not required or obligated to send a notice unless it is required by law or mandated elsewhere in this Agreement.
- Communication with Customer – The Company reserves the right to send emails and other forms of communication to inform the Customer of the following:
Copyright & Trademark
- Copyright ©2017 – 2021 HyperTEK Corporation.
- “HyperTEK” and the HyperTEK logo are trademarks of HyperTEK Corporation. This is not intended to be a comprehensive list of the Company’s trademarks. Other service names or logos appearing on the Company’s websites may be trademarks of HyperTEK, its partners, vendors, or affiliates.
- The Customer represents and warrants that it has the right to use applicable copyrights, trademarks, content, and images, if any, and grants the Company the right to use the same in connection with the Services.
Proprietary Rights & Information Protection
- The Services are the property of the Company and are protected by United States and international intellectual property laws.
- Title and property rights including, but not limited to, all intellectual property rights, patents, trademarks, service marks, and copyrights for the Services are and shall remain with the Company, whether or not embedded in the programming, software, or Services.
- Where the Customer utilizes programming or software in connection with the Services which are licensed to the Company or to the Customer by a third party, the Customer shall adhere to the terms and conditions of the vendor’s license agreement.
- The Customer recognizes that the Services, programming, and software that comprise the Company’s Services constitute valuable trade secrets of the Company. The Customer shall use its best efforts to protect and keep confidential all programming and software used by it and shall make no attempt to examine, copy, alter, reverse engineer, tamper with, or otherwise misuse such Services, programming, or software.
- No Software Rights – This is an Agreement for services. The Customer is not granted a license to any software by this Agreement.
- No Reverse Engineering – The Customer will not make any attempt to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code, intermediate code, structure, ideas, or algorithms of the Services. The Customer will not translate or create derivative works based on the Services.
- The Customer agrees that they will not submit, upload, or transmit any data, information, or content to the Services, or in connection with the Services, or by email to the Company that infringes, misappropriates, or violates any of the Company’s rights, any rights of a third party, or applicable law.
Fee Schedule, Fees, & Payments
- Fee Schedules – The Customer is responsible for reviewing all applicable Fee Schedules from time-to-time and remaining aware of fees and discounts. Fee Schedules are subject to change from time-to-time at the Company’s sole discretion. If the Customer receives a discount due to an affiliation with one of the Company’s partners, the Customer may cease to receive the discount if they discontinue service with the partner, at which time the Company’s standard rates will apply. Attempting to circumvent the Company’s Fee Schedules is strictly prohibited and may result in termination of service or other recourse.
- Related Service Fees – Other services (collectively referred to as “Related Services” or “Additional Services”) may be offered by the Company (such as additional disk space). If the Customer adds Related Services to their account, they will be billed for the Related Services each Billing Cycle for recurring services, or once for non-recurring services.
- Disputes – All disputes must be submitted in writing within sixty (60) days of the charge. Charges that are not disputed within the allotted timeframe are final and cannot be challenged.
- Payment – The Customer agrees to provide payment for Services using a valid credit card or debit card. Payment will only be accepted in U.S. Dollars. If the Customer has previously provided the Company with credit card or debit card information, the Customer authorizes the Company to charge the credit card or debit card for any outstanding balance. If the Company is unable to charge the Customer’s credit card or debit card, the Company will notify the Customer of the issue and may suspend the Customer’s account until payment is received. The Company will not issue a refund for any payments.
- Taxes – The Customer’s tax jurisdiction will be determined based on the billing address provided by the Customer. The Customer agrees to pay any applicable taxes.
- General – The Services may not be used to send unsolicited emails (also referred to as “Spam”). All emails must be in compliance with the Company’s anti-spam policies.
- Identity – The Customer agrees to accurately represent who they are and will not impersonate another person or entity, whether real or fictitious. The Customer is the sole or “designated sender” (as defined in the CAN-SPAM Act of 2003 and any rules, regulations, or legislation adopted under such act) of any message sent by the Customer using the Services. For messages sent to Canadian email accounts, the Customer is the sole person or entity sending, causing, or permitting the message to be sent, as described in Canada’s Anti-Spam Legislation, S.C. 2010, c. 23 (“Canada’s Anti-Spam Legislation”).
Service – The Customer agrees to comply with the following:
- Customer will not disrupt or interfere with the Services.
- Customer will not prevent others from accessing or using the Services.
- Customer will not use the Services in violation of applicable laws.
- Customer will not use the Services to violate third party rights.
- Customer will not use the Services to host content that infringes on the intellectual property rights of others.
- Customer agrees to accurately represent themselves and their organization and will not impersonate any person or entity, whether real or fictitious.
- Customer will not use any images, documents, or other files hosted by the Company for any purpose other than use with the Company’s Services.
Limitations – The Customer acknowledges the following:
- Not all emails sent through the Services will be received by or will be capable of being received by the intended recipient.
- The Company does not guarantee delivery of emails.
- The Company may create and preserve copies of messages and related information for backup, disaster recovery, legal, regulatory, and other service related purposes, to the extent permitted by law.
- Transmission of emails may involve numerous networks and emails may be reformatted or otherwise altered to conform to technical requirements of these networks; furthermore, messages exceeding the size limitations of these networks may be truncated or abbreviated.
- The Company may establish best practices or impose limitations for the Services.
- The Company reserves the right to, without notice, take measures of any nature (whether technical, legal, or otherwise) to prevent misuse of Services.
Right to Review
- The Company including, but not limited to, employees and independent contractors, are permitted to view, copy, and transmit data to develop algorithms, heuristics, and other computer software to identify Customers who are violating the Terms of Service, or applicable laws, or to improve the Services.
- The Customer is responsible for maintaining the confidentiality of any username and password assigned to the Customer or provided by the Customer. The Customer is solely responsible for all use of their account, whether or not authorized by the Customer. The Customer agrees to immediately notify the Company of any unauthorized use of their account.
- The Services may only be used for lawful purposes.
- The Services may not be used for content that is unlawful at the origin, destination, or along the route.
- The Services may not be used for content that is offensive, contains pornography, adult content, or other sexually explicit content, promotes gambling, promotes the sale of illegal goods or services, or harasses a person.
- The Services may not be used for get rich quick, work from home schemes, affiliate programs, or other related content.
- The Customer may terminate their account at any time by providing written notice to HyperTEK. Early cancellation fees may apply.
- The Customer is solely responsible for terminating their HyperTEK account and this Agreement. The Company is not responsible for the Customer’s failure to properly terminate their account and this Agreement or for any credit card or debit card charges or fees the Customer incurs as a result of failure to properly terminate their HyperTEK account and this Agreement.
- The Company, at its sole discretion, at any time, may terminate or suspend the Customer’s account with or without cause and with or without notice. The Company shall have no liability to the Customer or any third party due to such a termination.
- The Customer is responsible for paying all amounts owed to the Company.
- The Company has the right to delete any or all of the Customer’s data immediately following termination.
- In accordance with the CAN-SPAM Act and Canada’s Anti-Spam Legislation, the Customer is responsible for processing all unsubscribe requests following the termination of the Customer’s account and/or this Agreement.
- The Customer shall not assign or transfer this Agreement in whole or in part without prior written consent of the Company, which shall not be unreasonably withheld. Any act in derogation of the foregoing shall be null and void; provided, however, that any such assignment shall not relieve the Customer of its obligations under this Agreement. The Company may assign this Agreement in whole or in part to an entity which (i) controls, is under common control with or is controlled by the Company or (ii) succeeds (whether by merger, reorganization, sale of assets or otherwise) to the business of the Company.
- The Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees (the “Liabilities”) asserted against the Company, its employees, officers, affiliates, agents, third party information providers, merchants, licensers or anyone else involved in creating, producing or distributing the Company’s Services, that may arise or result from any Service provided or performed or agreed to be performed or any product or service sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless the Company against liabilities arising out of (i) any injury to person or property caused by any products or service sold or otherwise distributed in connection with the Company’s Services; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product or service which the Customer represented or sold through the use of the Company’s Services.
- THE CUSTOMER EXPRESSLY AGREES THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES AND ANY RELIANCE BY THE CUSTOMER UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY THE CUSTOMER BECAUSE OF SUCH USE OR RELIANCE, IS AT THE CUSTOMER’S SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAME. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
- The Customer expressly agrees that use of the Company’s Services is at the Customer’s sole risk. Neither the Company, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Company’s Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Company’s Services or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Services, unless otherwise expressly stated in this Agreement.
- Under no circumstances shall the Company, its officers, agents or anyone else involved in creating, producing or distributing the Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Company’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company’s records, programs or Services. The Customer hereby acknowledges that this paragraph shall apply to all of the Company’s Services.
- The Company represents that it shall make a good faith effort to ensure that Services are available as widely as possible and with as little service interruption as possible. The Customer acknowledges Services are subject to transmission limitations beyond the Company’s control. Service may be temporarily unavailable or limited because of capacity limitations of the Company’s Internet Service Providers or the telephone company’s availability. Service to any and/or all Customers may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs, and similar activities necessary for the proper operation of the Company’s Services. However, in the event that a scheduled interruption is planned, reasonable notice will be provided.
Full Force & Effect
- If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so this Agreement will otherwise remain in full force and effect.
- This Agreement and attachments hereto constitute the entire understanding of the parties.
- This Agreement supersedes all previous representations, understandings and agreements and shall prevail notwithstanding any variance in terms and conditions of any purchase order submitted. This Agreement may not be modified except by written amendment by the parties except as otherwise provided herein.
- The titles of the paragraphs in this Agreement are solely for convenience and have no legal or contractual effect.
- In any action arising out of this Agreement, in any forum, the Company will be entitled to recover its expenses and costs from the Customer, in addition to any other relief that may be granted.
- This Agreement shall be governed and construed in accordance with the laws of the State of Michigan. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in or near Detroit, Michigan.
- If you have any questions about the rights and restrictions outlined above, or would like to report inaccuracies or errors, please contact contact us.