Effective Date: May 1, 2024
These Terms of Use (“Terms”) constitute a binding agreement between you (“you” or “user”) and Hyperport Inc. (“Company”, “we”, “our”, or “us”). These Terms govern your access to and use of the website at hyperport.io and our support portal at https://hyperport.io/support (“Site”).
Read these Terms in conjunction with our Privacy Policy and Cookie Policy.
By accessing or using the Site, you agree to be bound by these Terms. If you are acting on behalf of your employer or another entity, you represent and warrant that you are authorized to bind such employer or entity to these Terms.
If you do not agree with these Terms, do not use the Site or any Content.
1. Your Use of the Site and Services
You may freely browse the Site, but you may only access, download, or use information from the Site, including any text, images, audio, and video (the “Content”), for your non-commercial and personal purposes to learn about our products and services. You need not register with the Company to simply visit and view the Site.
You may not:
- Distribute, modify, transmit, reuse, repost, or use the Content for any other purposes without written permission from the Company.
- Engage in any data mining or scraping on the Site.
- Attempt to interfere with or disrupt the Site or otherwise access the Site or use the Content in violation of any applicable laws or regulations.
You will retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content.
2. Contact Us Form.
You are encouraged to contact us by completing and submitting our on-line Contact Us form for additional information pertaining to our products and services. We collect your first name, last name and email address. Please do not provide any confidential, proprietary or sensitive personal information as your response may not be protected.
3. Privacy
Any personal information you provide in connection with the Site is subject to our Privacy Policy, which is incorporated by reference into these Terms.
3. Intellectual Property Rights
The Content is owned by the Company and its licensors and is protected by copyright laws. Except for the limited rights of use expressly permitted by these Terms, all other rights are reserved in the Company and its licensors. Unauthorized use is strictly prohibited.
The trademarks, service marks, and logos of the Company used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third parties.
Nothing on the Site or in these Terms should be construed as granting any license or right to use any trademark, service marks or logos displayed on the Site without the prior written consent of the Company specific for each such use.
4. Disclaimer of Warranties and Limitation of Liability
THE SITE AND CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND ON AN “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY IS NOT LIABLE TO YOU OR OTHERS, IN ANY WAY OR FOR ANY DAMAGES OF ANY KIND OR UNDER ANY THEORY (FOR EXAMPLE, CONTRACT OR TORT), INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE
OR COVER DAMAGES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
5. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates from any and all claims, causes of action, damages and liabilities (including but not limited to reasonable attorneys’ fees and costs) arising out of your violation of these Terms.
6. Links to Third-Party Websites
The Site may contain links to third-party websites. We are not responsible for the content or practices of these websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those websites.
7. Changes to the Terms
We reserve the right to update these Terms at any time. We will notify users of material changes by email or by posting a notice on the Site. Your continued use of the Site after any changes constitutes your acceptance of the new Terms.
8. Governing Law and Jurisdiction
The English language version of these Terms governs are governed by the laws of the State of California, without regard to its conflict of law provisions. The exclusive venue for any dispute regarding these Terms shall be a court of competent jurisdiction located in Sonoma, California and all proceedings will be conducted in the English language. The prevailing party in any action relating to these Terms is entitled to recover its reasonable attorneys’ fees and costs.
9. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason or no reason at all, without liability.
10. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
11. Contact Information
If you have any questions about these Terms, the Privacy Policy or Cookie Policy or your dealings with the Site, including any inaccuracies or errors or materials that violate these Terms, the Privacy Policy or Cookie Policy, errors or bugs or actual or potential threats to the security of the Site and protection of your Personal Information, please contact us at [email protected] or 1255 Treat Blvd, Suite 300, Walnut Creek, CA 94597 or +1 (925) 472-6898.