Terms and Conditions
These Terms And Conditions (collectively referred to herein below as “Terms”) contained herein on this webpage, shall govern your use of this website, HYPonline.com, including all pages within this website (collectively referred to herein below as this “HYPonline”). These Terms apply in full force and effect to your use of HYPonline and by using HYPonline, you expressly accept all terms and conditions contained herein in full. You must not use HYPonline, if you have any objection to any of these Website Standard Terms And Conditions.
2. Property Rights
Other than content you own, which you may have opted to include on HYPonline, under these Terms, HYP and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on HYPonline.
You are expressly and emphatically restricted from all of the following:
publishing any HYPonline material in any media;
selling, sublicensing and/or otherwise commercializing any HYPonline material;
publicly performing and/or showing any HYPonline material;
using HYPonline in any way that is, or may be, damaging to HYPonline;
using HYPonline in any way that impacts user access to HYPonline;
using HYPonline contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to HYPonline, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to HYPonline, or while using HYPonline;
using HYPonline to engage in any advertising or marketing;
Certain areas of HYPonline are restricted from access by you and HYP may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for HYPonline are confidential and you must maintain confidentiality of such information.
4. No warranties.
HYPonline is provided “as is,” with all faults, and HYP makes no express or implied representations or warranties, of any kind related to HYPonline or the materials contained on HYPonline. Additionally, nothing contained on HYPonline shall be construed as providing consult or advice to you.
5. Limitation of liability.
In no event shall HYP nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of HYPonline, whether such liability is under contract, tort or otherwise, and HYP, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of HYPonline.
You hereby indemnify to the fullest extent HYP from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
8. Variation of Terms.
HYP is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of HYPonline.
HYP shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
10. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on HYPonline, constitute the entire agreement between HYP and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
11. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes.