Terms of Use

Hyloq.com and all of its subdomains and aliases (the “Website” or “Websites”), are sites owned and operated by Hyloq, LLC (referred to herein as “Hyloq”, “we”, “us”, “our” and “ours”). Unless otherwise indicated, the terms “you”, “your” and “yours” when used in these Terms of Use refers to any user or visitor of this website. The following terms and conditions (the “Terms of Service or Terms of Use”) form a binding agreement between Hyloq and visitors to our websites.

Agreement

Please read these Terms of Use carefully. Your access to and use of this website, and any of the information, materials, data, demos, blogs, products, services and other materials made available on or through it (collectively, “Materials”), are subject to all applicable laws, rules and regulations and to all of the terms and conditions set forth in these Terms of Use.

By accessing or using this website, you agree to be bound by these Terms of Use. If you are accessing or using this website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. If you do not wish to be bound by these Terms of Use, please exit this website and cease use of all Materials, as you are not permitted to access or use this website or such Materials.

These Terms of Use may be changed by us from time to time, at our sole discretion, without notice to you. Any changes or modifications to these Terms of Use will be effective upon posting on the website. You should always review these Terms of Use prior to your access or use of the website or Materials to ensure that you understand the current Terms of Use that apply to your access or use thereof. Your continued use of the website following the posting of any changes or modifications will constitute your acceptance of such changes or modifications. If you cannot access these Terms of Use via the Internet, we can provide a copy of the Terms of Use then in effect by e-mail upon request.

YOUR ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND USE OF ANY MATERIALS (OR PORTIONS THEREOF) IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES ANY APPLICABLE LAWS, RULES OR REGULATIONS.

Access and Use Restrictions

Access and use of the Hyloq products, services, documentation and related materials are solely authorized for the internal business purposes of the organization in which you are a representative of and only for the duration of the term of your subscription period. Use of the Hyloq products, services, documentation, and related materials, for analytical or research purposes to be used or disclosed outside of your organization is strictly prohibited. Sharing screenshots, downloads, or other forms of copying, duplicating or replicating the products, services, documentation and other related materials publicly, or otherwise outside of your organization, is strictly prohibited. You are not permitted to access or use any of Hyloq’s products, services, documentation or other related materials if you are, or the organization in which you represent is, a competitor of Hyloq. Additionally, you are not authorized to provide, or otherwise send to or communicate, to a competitor of Hyloq any information gained by your access and use.

Product & Services Information

All references on this website to information, materials, products and/or services apply to information, materials, products and services available in the countries or jurisdictions specified, unless otherwise stated. Nothing in this website constitutes an offer to buy or sell our products or services in any jurisdiction.

Ownership and Permitted Use of Materials

Unless otherwise indicated and except for materials in the public domain, this website and its design, text, content, files, selection and arrangement of elements, organization, graphics, compilation, translations, digital conversion and other matters related to, and all trademarks, logos, service marks, symbols, trade dress and all Materials provided on or through this website are protected by all applicable copyright laws, trademark laws and/or international conventions and treaties. All Materials are the exclusive and proprietary property of Hyloq and/or its third-party licensors. ALL RIGHTS RESERVED.

The posting display or other provision of any Materials on this website shall not constitute a waiver of any right or interest of Hyloq and/or its third-party licensors in such Materials. Except as expressly provided herein, nothing contained in these Terms of Use or the website shall be construed as conferring by implication, or otherwise, any license, interest or right in or to the Materials under any copyright, trademark or proprietary rights of Hyloq or of any third party. Further, except as otherwise provided herein, no Materials (or portions thereof) may be used, copied, reproduced, distributed or redistributed, published or republished, downloaded, modified, displayed, posted, broadcasted, imitated, adapted, translated, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, or sold, offered for sale, licensed or sublicensed, reverse engineered, disassembled, decompiled or incorporated into compilations or used in the creation of derivative works, without our express prior written permission or that of the respective third-party owner.

Subject to your compliance with the foregoing, permission is hereby granted to you to lawfully: (a) access this website and/or Materials made available on or through this website; and (b) display, download, archive and print in hard copy portions of this website for your personal, non-commercial and informational use only.

Such permission is conditional providing that you do not: (a) modify the Materials (or any portion thereof), (b) use the website and/or the Materials in a manner that is fraudulent, libelous, defamatory, tortious, obscene, threatening, abusive, malicious, offensive, hateful, objectionable, constitutes or encourages a criminal offense, violates the rights of another (including, without limitation, any copyright, trademark, patent, trade secret, privacy, moral or publicity rights or other intellectual property or proprietary rights of others), or otherwise violates or conflicts with these Terms of Use or any applicable law; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (d) use the website to interfere, disrupt or attempt to gain unauthorized access to the Materials, other Hyloq accounts, any restricted portions of the website or any computer network or equipment; (e) use any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract any Materials or other data from the website); (f) frame or otherwise simulate the appearance or functions of the website (or any portion thereof); and/or (d) remove or alter any copyright, trademark and other proprietary notices and legends contained in the Materials or on the website (and any printouts thereof). The foregoing permission is for the sole purpose of enabling you to use the website and enjoy the benefit of the Materials as provided on the website, in the manner permitted by these Terms of Use.

Website materials may be changed by us from time to time, at our sole discretion, without notice to you. You are solely responsible for ensuring that you are using current and permitted Materials only. The foregoing permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any and all downloaded, archived or printed copies of the Materials, and, if requested by us, certify to us in writing that you have complied with the foregoing.

Violations

It is the policy of Hyloq to provide for the termination, in appropriate circumstances, of Hyloq customers and account holders who repeatedly violate these Terms of Use.

Disclaimer of Endorsement

Any references to business or entities, products, processes, or services, or other organizations or individuals that are included on the website by trade name, trademark or otherwise are provided solely for your information. These references are not intended to reflect the opinions of Hyloq concerning the significance, priority or importance to be given the referenced business, entity, product, service, organization or individual. Such references, including any that may relate to our Materials, are not endorsements or approvals by Hyloq, and should not be quoted or reproduced for the purpose of stating or implying endorsement or approval by Hyloq.

Minors

This website is a business and commercial site. As such, it is not intended for children or minors. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent and are fully able and competent to enter into and to abide by and comply with these Terms of Use.

User-Generated Content

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy as posted elsewhere on the website. You may from time to time be permitted to submit e-mails or otherwise provide content to us in connection with your use of the website or Materials (“User-Generated Content”). Any communication or material you post on the website or transmit to us over the Internet is, and will be, treated as non-confidential and non-proprietary and is and will be solely your responsibility. Upon the transmission of any User-Generated Content to us, you expressly and hereby grant us perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable and non-exclusive permission to reproduce, display, publish, modify, distribute, disseminate and/or otherwise use or exploit such content for any lawful purpose, without compensation, notice or obligation to you, subject to our Privacy Policy. We are not required to use or return any User Generated Content submitted to us. You represent and warrant that you own or otherwise control all rights, including, but not limited to, copyrights. Further, as to any such User-Generated Content, by your use you affirm that all moral rights in and to any such User-Generated Content have been waived, and that the use of such User-Generated Content as permitted hereunder does not and will not infringe or violate the rights of any third party. All derivative works or other developments arising from or based on User-Generated Content, if created by us, shall be our exclusive property.

The posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited. Under no circumstances shall we be liable for any such material posted or transmitted by you by or through the website.

We reserve the right to monitor your communications with us whether by mail, voice, fax, email or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us in connection with your use of this website will be handled in accordance with our Privacy Policy.

Statements on Website

The documents contained on (or directly accessible from) this website may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including, without limitation, statements to the effect that Hyloq or its management “believes,” “expects,” “anticipates,” “plans” and other similar expressions) should be considered forward-looking statements and should not be relied upon.

There are a number of important factors that could cause Hyloq’s actual results to differ materially from those indicated by such forward-looking statements, including general economic conditions, our continued ability to develop and introduce products, the introduction of new products by competitors, pricing practices of competitors, expansion of its sales distribution capability, the cost and availability of components, undetected software errors or bugs, our ability to control costs and other risk factors.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR THE MATERIALS, WHICH ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, THE MATERIALS AND ANY WEBSITE WITH WHICH THIS WEBSITE IS LINKED. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING, MAINTAINING AND ENSURING THE COMPATIBILITY OF ALL HARDWARE, SOFTWARE AND OTHER COMPUTER REQUIREMENTS NECESSARY FOR YOUR ACCESS TO AND USE OF THE WEBSITE AND THE MATERIALS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER (A) THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, RELIABLE, COMPLETE, OR CURRENT, (B) USE OF THE WEBSITE AND ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THE WEBSITE AND THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME, OR (D) THE WEBSITE AND MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY THIRD-PARTY LICENSOR WILL BE LIABLE WITH RESPECT TO ANY DECISIONS MADE BY YOU OR ANY OTHER PERSON AS A RESULT OF RELIANCE ON THE WEBSITE OR ANY MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

Your use of the website and the Materials is at your sole risk. It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any web site with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable law, neither we nor any of our shareholders, officers, directors, representatives, employees, agents, third-party licensors, suppliers, and contractors shall be liable for any losses and/or expenses of whatever nature, howsoever arising and regardless of the legal theory of liability, including, without limitation, any direct, indirect, special, punitive, incidental or consequential damages, loss of or inability to use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages, expenses or losses and even if an exclusive remedy provided for herein fails of its essential purpose, arising out of or in connection with your access or use of, or inability to use, this website or the Materials or any web site with which this website is linked. If you are dissatisfied with the website or any Materials, your sole and exclusive remedy shall be to discontinue use of the website and Materials and terminate these Terms of Use in accordance with its terms. To the maximum extent permitted by law, in no event shall Hyloq’s or any third-party licensor’s total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited, to negligence) or otherwise) exceed in the aggregate the amount paid by you, if any, for accessing the website or Materials.

Indemnity and Release

You agree to defend, indemnify, release and hold us harmless as well as our shareholders, officers, directors, agents, representatives, employees and third-party licensors from any and all claims, liabilities, losses, expenses or demands, including reasonable legal fees, based on, arising from, or otherwise related to (a) your breach or violation of these Terms of Use; (b) your access or use of this website or any of the information, materials, products or services made available on or through this website; (c) any infringement or misappropriation by you of any intellectual property or other rights of Hyloq or any third party; or (d) any negligence or willful misconduct by you.

Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this website (or any portion thereof) and/or the information, materials, products and/or services made available on or through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this website.

Termination and Survival

These Terms of Use will remain in effect until terminated by you or us. You may terminate these Terms of Use at any time by ceasing your use and access of the website and Materials and by destroying all materials that you have saved, printed or downloaded from the website.

Notwithstanding any of the terms and conditions contained herein, we reserve the right, without notice and at our sole discretion, to terminate your permission to use the website, and to block or prevent future access to and use of the website and Materials. The provisions of these Terms of Use that by their nature and content are intended to survive the expiration or termination of these Terms of Use will survive such termination or expiration.

Termination and Survival

These Terms of Use contain the entire understanding between you and Hyloq with respect to this website and your use and access of this website and of any of the information, materials, data, demos, blogs, products, services and other materials made available on or through this website. Any other representations, statements, inducements, understandings, arrangements and agreements, oral or written, between you and Hyloq, either prior or contemporaneous, relating thereto, not contained herein, are expressly made null and void, unless signed in writing by Hyloq. For the avoidance of doubt, you agree that any terms and conditions provided in any Service Order or other document delivered to Hyloq by you in connection with the Services shall in no way supersede the terms and conditions of this Agreement and are hereby declared null and void, unless signed in writing by Hyloq.

Should there be a conflict between these Terms of Use and any written and signed agreement between Hyloq and any customer, the terms of such written and signed agreement shall control. Should any part of these terms for any reason be declared invalid, void or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portions and such remaining portions shall remain and continue in full force and effect to the maximum extent permitted by law. Our failure to enforce any provision of these Terms of Use shall not operate as or be deemed a waiver by Hyloq of any other breach of any such provision or any other provision herein or of the right to enforce such provision(s).

Applicable Law & Jurisdiction

While Hyloq provides global products and services, our operations are in located in Clearwater, Florida with data centers geographically spread worldwide, and these Terms of Use are based on United States law. Access to, or use of, this website or any information, materials, products and/or services made available on or through this website may be prohibited by law in certain countries or jurisdictions. You are solely responsible for ensuring compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in any location.

You agree that these Terms of Use are made and partially performed in the State of Florida, and that the state courts located within Pinellas County, Florida and the federal district court in the Middle District of Florida located in Tampa, Florida, without giving effect to any principles of conflicts of law, shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to your access and use of this Website, and that the laws of the State of Florida shall govern such dispute or claim. You hereby consent and submit to the exercise of personal jurisdiction over you by such courts for the purposes of litigating any such action and waive any defenses of lack of minimum contacts or forum non-conveniens. Notwithstanding the foregoing, we reserve the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use may be taking place or originating.

The rights and remedies provided by these Terms of Use are cumulative and the use of any right or remedy by us shall not preclude or waive our rights to use any or all other remedies.

Contacting Us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at Hyloq Inc., 1659 Achieva Way, Dunedin, FL 34698 or email us at “webmaster at Hyloq.com”.