HySecurity.com Terms of Use

Last Updated: June 29, 2009

Welcome to HySecurity.

By accessing or using the HySecurity website at HySecurity.com ("Site"), you agree to the following Terms of Use on behalf of yourself individually and the company or organization for which you are using the Site ("Organization"). If you do not agree to the following Terms of Use, do not use the Site. You represent that either (a) you are an authorized representative of your Organization with authority to bind your Organization to these Terms of Use, in which case the term "you" refers collectively to both you individually and your Organization, or (b) you are not authorized to bind any Organization to these Terms of Use and are using the Site solely in your personal capacity, in which case the term "you" refers to you individually.

Hy-Security Gate, Inc. ("HySecurity") reserves the right to modify or replace these Terms of Use at any time and in HySecurity's sole discretion. HySecurity will indicate at the top of these Terms of Use the date such document was last updated. Any changes will be effective immediately upon posting the revised version on the Site (or such later effective date as may be indicated at the top of the revised Terms of Use). Your continued use of the Site following the posting of any changes to these Terms of Use will constitute your acceptance of such changes. If you do not agree to the changes, you must stop using the Site. In addition, HySecurity may provide other methods by which you may accept or receive notice of these Terms of Use or changes to these Terms of Use and may provide additional or separate terms and conditions for use of particular portions of the Site.

1. Privacy Policy

Please refer to our Privacy Policy for information on how HySecurity collects, uses and discloses personally identifiable information from its users and customers.

2. Registration; Account Security

The Site enables you to access certain Site Materials (defined below), sign up for mailing lists, and utilize other features of the Site. Account registration is required for certain features. HySecurity reserves the right to refuse registration, or to refuse or limit access to the Site or any features available through the Site, to anyone in its sole discretion.

You will provide accurate, current and complete information (including about you and your customers) in any registration forms, rebate forms, or other forms on the Site ("Registration Data") and agree to maintain the security of your username and password. You will maintain and promptly update the Registration Data, and any other information you provide to HySecurity, to keep it accurate, current and complete. YOU UNDERSTAND THAT ANY PERSON WITH YOUR USERNAME AND PASSWORD WILL BE ABLE TO ACCESS YOUR ACCOUNT (INCLUDING CERTAIN REGISTRATION DATA YOU PROVIDE TO HYSECURITY). YOU ACCEPT ALL RISKS OF UNAUTHORIZED ACCESS TO YOUR ACCOUNT BASED ON YOUR SHARING OR LOSS OF YOUR USERNAME AND PASSWORD. You will promptly notify HySecurity if you discover or otherwise suspect any security breaches related to the Site.

3. Copyright and Limited License to Site and Site Materials

The Site and all materials on the Site, including without limitation the HySecurity logo and all manuals, instructions, technical bulletins, designs, specifications, product cut sheets, catalogs, and other documents, text, graphics, pictures, videos, information and other content (collectively, "Site Materials") are the proprietary property of HySecurity or its licensors. You are granted a limited, nonexclusive license (without the right to sublicense) to download and reproduce Site Material documents that are specifically made available on the Site for download ("Documents"), provided that any copyright notices on each page of Document reproductions are reproduced in full and that you agree to comply with all such notices. As used herein, the terms "Site Material" and "Documents" do not include any software, operator code, or other firmware or code that may be available on the Site for download. The license granted above is subject to these Terms of Use and excludes: (a) any resale of the Site or any Site Materials; (b) any distribution, public performance or public display of any Site Materials, other than sharing copies of Documents solely within your Organization; (c) modifying or otherwise making any derivative uses of the Site or any Site Materials; (d) use of any data mining, robots or similar data gathering or extraction, automated account registration, or account utilization methods; or (e) downloading (other than the page caching) of any portion of the Site, the Site Materials (except as provided above) or any information contained therein. Any use of the Site or Site Materials other than as specifically authorized herein is strictly prohibited and will terminate the foregoing license.

4. Acceptable Use

As a condition of using the Site, you agree not to do any of the following:

a. use the Site in violation of applicable law or in a manner that facilitates or furthers the violation of applicable law;

b. use the Site in a way that harms HySecurity or HySecurity's affiliates, resellers or vendors or other users of the Site;

c. use any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (such as "spam");

d. use or access, or attempt to use or access, any HySecurity online account that is not yours;

e. damage, disable, overburden or impair the Site (or the network(s) connected to the Site) or otherwise interfere with anyone's use and enjoyment of the Site;

f. attempt to reverse-engineer or otherwise discover or recreate any part of the Site (including any code, technology or methodology used in connection with the Site);

g. except as otherwise may be authorized by HySecurity in a separate document, resell or redistribute the Site or any part of the Site, or otherwise use the Site for any purpose other than your own internal business use; or

h. use the Site (including any Site Materials) other than for its intended purpose.

5. Trademarks

HySecurity®, SwingSmart DC™, SlideDriver™, StrongArm™, SwingRiser™, HydraLift™, SlideWinder®, Smart Touch Controller™, the HySecurity logos and any other product or service name or slogan contained in the Site are trademarks of HySecurity and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of HySecurity or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing any name, trademark or product or service name or slogan of HySecurity without our prior written permission. In addition, the look and feel of the Site, including all page headers, graphics, button icons and scripts, is the service mark, trademark or trade dress of HySecurity and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any installers, distributors, industry associations, or other third parties, or to any third party products or services does not constitute or imply endorsement, sponsorship or recommendation thereof by HySecurity.

6. Framing and Hyperlinks

You may not frame or utilize framing techniques to enclose any HySecurity trademark, logo or other Site Materials, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site, without HySecurity's written consent.

HySecurity makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site or of websites linking to the Site. Such websites are not under the control of HySecurity and HySecurity is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. HySecurity provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by HySecurity of any website or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

7. Submissions Policy

As used in these Terms of Use, "Submission" means all comments, feedback, e-mails or other communications, suggestions, feedback, ideas, plans, designs, copyrighted works, information and anything else submitted or offered to HySecurity by you electronically, non-electronically, orally or otherwise. HySecurity welcomes your Submissions, but only under HySecurity's policies and only for non-confidential information that you personally own. HySecurity has two policies: (a) a Solicited Submissions Policy ("Solicited Policy") for Submissions HySecurity has specifically requested from you or invited you to provide, and (b) an Unsolicited Submissions Policy ("Unsolicited Policy") for Submissions you have submitted to HySecurity without request or invitation by HySecurity. Under both policies, you agree that no Submission will: (x) violate any right of any third party, including copyright, trademark, privacy or other personal, intellectual property or proprietary right(s), or (y) be libelous or otherwise unlawful, abusive, offensive, obscene, misleading, unfair or deceptive or constitute trade disparagement.

a. Solicited Policy. From time to time, HySecurity may specifically request or invite you to provide Submissions to HySecurity, such as suggestions or comments about our products or services. HySecurity assumes, however, that you are willing to provide such Submissions without getting paid or receiving other compensation.

b. Unsolicited Policy. HySecurity does not want to receive Submissions if you expect to be paid or want to continue to own or claim rights in them (e.g., if you want to be a patent owner or to exercise intellectual property or other rights in them). For example, if you have a great idea for a new product that you think HySecurity should make, but you also want to share in any resulting patent or profits, do not make your Submission. HySecurity does not want and will not accept such Submissions (regardless of what your communication may say about acceptance). Accordingly, do not make a Submission unless you are willing to be bound by this policy.

If you make a Submission to HySecurity, then that will constitute your acceptance of HySecurity's Solicited Policy or Unsolicited Policy, as applicable, and will also be: (1) your assignment to HySecurity of all of your rights (worldwide), title, interest and goodwill in the Submission; (2) your agreement that HySecurity will become the sole owner of the Submission upon HySecurity's receipt of it and may use it (or not use it) for all possible purposes and in all possible media, now or later known or unknown; and (3) your agreement that HySecurity is and shall be under no obligation to (a) maintain any Submission in confidence; (b) respond to or provide credit for any Submission; or (c) pay or provide any other consideration to you or anyone else for a Submission.

8. Indemnification

You will defend and indemnify HySecurity, its affiliates, independent contractors and service providers, and each of their respective members, directors, officers, employees and agents ("HySecurity Parties"), from and against all claims, damages, costs, liabilities and expenses (including reasonable attorneys' fees) arising out of or related to your Submissions or your use of the Site or Site Materials.

9. Disclaimers

THE SITE AND ALL SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. HYSECURITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE AND SITE MATERIALS.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE HYSECURITY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS), WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SITE (INCLUDING ANY SITE MATERIALS), EVEN IF A HYSECURITY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HYSECURITY PARTIES (WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE SITE OR SITE MATERIALS EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID, IF ANY, FOR YOUR USE OF THE SITE DURING THE YEAR BEFORE THE CAUSE OF ACTION AROSE, AND (b) TEN DOLLARS ($10).

11. Applicable Law and Venue

These Terms of Use and your use of the Site and Site Materials shall be governed by and construed in accordance with the laws of the State of Washington without resort to its conflict of law provisions to the contrary. You agree that any action at law or in equity arising out of or relating to the Site, Site Materials or these Terms of Use shall be filed only in the state and federal courts located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to the same.

12. Termination; Modification of Site Materials

HySecurity reserves the right, without notice and in its sole discretion, to terminate your access to the Site or any Site Materials or features on the Site, and to block or prevent your future access to and use of the Site. In addition, HySecurity reserves the right to change, cancel or delete any and all Site Materials, services and features provided as part of the Site at any time, with or without notice to you.

13. Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14. Questions

If you have any questions about HySecurity or the Site, please contact us by visiting www.hysecurity.com/contact.