Terms & Conditions
Welcome to the HyperSphere Technologies, Inc. ("HyperSphere") website. Throughout the site, the terms "we," "us," or "our" refer to HyperSphere. HyperSphere offers this website, including all information, tools, or services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms") including those additional terms and conditions and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Website Content
Unless otherwise noted, all materials including images, illustrations, designs, icons, photographs, video clips, and written or other materials that appear as part of this website are protected by copyrights and international treaty provisions owned, controlled, or licensed by HyperSphere or its affiliates. The website as a whole is also protected by copyrights and constitutes trade dress. Moreover, HyperSphere® is a registered trademark of HyperSphere. All worldwide rights, titles, and interests in and to the website are owned by HyperSphere. For more information, please see our section on Intellectual Property.
The content of our website and the website as a whole are intended solely for personal, noncommercial (other than for the purchase of merchandise from our website) use by the users of our website. You may download or copy any content or other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of this website or its content.
General Provisions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. However, please note that HyperSphere does not agree to any use of this website by a minor under the age of thirteen.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright, trademark, or trade dress laws.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; or (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. HyperSphere takes your privacy seriously, and we have enacted a Privacy Policy to protect your personal information.
Pricing, Specifications, and Availability
All prices stated are in United States dollars. Prices, specifications, and availability of products are subject to change without notice. Due to the changing nature of the technology accessories market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape, or color. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
HyperSphere.com orders generate automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description, or specifications after any confirmation e-mail, but before any shipment or use of our Services, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. Published prices do not include shipping, sales tax, or insurance. We are required by law to collect sales tax on all shipments to all states except Alaska, Delaware, Hawaii, Montana, New Hampshire, Oregon, Virginia, or the District of Columbia (at the state/local tax rate).
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so we may complete your transactions and contact you as needed.
Personal Information
To learn about how we protect personal information, please see our Privacy Policy.
Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our website or these Terms. You agree and represent you are buying for your own personal use only, and not for resale.
Optional Tools and Links to Other Websites and Services
We may not provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that any such access is without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
To the extent that this website contains access to a link to an outside website, services or resource, HyperSphere does not control any such website, service, or resource. Any concerns regarding any such website, service, or resource, or any link thereto, should be directed to the particular outside website, service or resource. We encourage you to read any applicable privacy policy or statements and any legal notices displayed on any such website, service, or resource.
User Comments, Feedback, or Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether on-line, by e-mail, by postal mail, or otherwise (singularly or collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Correction of Website Errors
The information on this website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note such errors may relate to product information, pricing, or availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.
Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HyperSphere, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless HyperSphere and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Termination
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred before a termination date shall survive the termination of this agreement for all purposes.
Arbitration with Class Action Waiver
You and HyperSphere agree that any dispute, claim, or controversy arising out of or relating in any way to HyperSphere's products or its Service, including our website or user interfaces or these Terms, shall be determined by binding arbitration in Los Angeles County, California, instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HyperSphere are each waiving the right to a trial by jury or to participate in a class action. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These arbitration provisions shall survive any termination of this agreement.
You and HyperSphere further agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class or representative proceeding. Further, unless both you and HyperSphere agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of California.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, wherein such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including but not limited to any prior versions of the Terms of Service.
Privacy Policy
HyperSphere takes your privacy seriously, and we have enacted this Privacy Policy to protect your personal information. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This Privacy Policy only applies to HyperSphere. This Policy does not apply to the practices of companies that HyperSphere does not own or control, or to people that HyperSphere does not employ or manage.
Information Collection and Use
HyperSphere collects information including but not limited to when you use our Service. For example, HyperSphere collects information about your transactions with us and with some of our business partners including information about your use of products or services that we offer. HyperSphere also automatically receives and records information from your computer and browser including your internet protocol address, HyperSphere cookie information, software or hardware attributes, or the page you request. HyperSphere may combine information about you that we have with information we obtain from business partners or other companies.
HyperSphere uses information for general purposes including but not limited to customizing the advertising and content you see, fulfilling your requests for products and services, improving our services, contacting you, conducting research, or providing anonymous reporting for internal and external clients.
HyperSphere is the sole owner of the information collected from www.HyperSpheretech.com.
Customer Orders
We request information from you via our customer order or contact form. You must provide contact information such as name, email, and shipping address and financial information such as credit card number and expiration date. This information is used for billing purposes and to complete your order, if any. If we have trouble processing an order, your information may be used to contact you.
For processing of payments, HyperSphere uses the services of American Express, Discover, MasterCard, Visa, and PayPal. Each of these parties maintains their own guidelines for collecting and managing customer information. To view your credit card merchant's privacy policy or statements, refer to the contact information on the reverse side of your card.
Browser Cookies
A browser cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once a user closes the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies may be removed by following Internet browser help file instructions. Advertising cookies may be placed to enable our display advertising partner to present you with retargeting advertising on other sites based on your previous interaction with our website. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number.
Log Files
HyperSphere also maintains log files. This includes internet protocol addresses, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track user movement in the aggregate, and gather broad, aggregate demographic information.
Customer Profile
We store information that we collect via browser cookies, log files, or third parties to create a customer profile. A profile is stored information that we maintain for individual users that details their viewing preferences. Consequently, collected information is tied to personally identifiable information to provide offers and to improve the content of the web site for the user. This profile is used to tailor visits to our web site, and to direct pertinent marketing promotions. We do not share customer profiles with third parties.
Third-Party Advertising
HyperSphere does not employ third-party advertising on its web site.
Customer Service
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account. We reply via email, phone, or through our support section in accordance with our client's wishes.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or a legal process served on our website.
Mailing Lists
HyperSphere maintains a mailing list of customers who opt-in when placing an order or sign up using our online form. Under no circumstances will a client purposely receive spam or any other non-HyperSphere related communication from HyperSphere.
Security
HyperSphere takes every precaution to protect our client's information. When users submit sensitive information via the web site, their information is protected both on- and off-line.
When our order form asks users to enter sensitive information such as a credit card number, that information is encrypted and is protected with encryption software - SSL. While on a secure page, such as our order form, an icon will appear on web browsers such as Safari, Firefox, Google Chrome, and Microsoft Internet Explorer as locked, as opposed to un-locked or open, when users are just "surfing."
While we use SSL encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted within our offices. Only employees who need the information to perform a specific job, for example, our customer service representatives, are granted access to personal information.
Notification of Changes
If we decide to change this Privacy Policy, we will post those changes here, the homepage, or other place we deem appropriate so our users are aware of what information we collect, how we use it, and under what circumstances, if any, that we may disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.
Intellectual Property
Copyright
The website, including all content included on our user interfaces, are the property of HyperSphere or any of its licensors and are protected by United States and international copyright, trade secret, or other intellectual property laws and treaties. Content shall not be reproduced or used without express written permission from HyperSphere or any licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to insert any code or product into or manipulate the content of the Service in any way, and not to use any data mining, data gathering, or extraction method. HyperSphere reserves the right to terminate any agreement with you hereunder if HyperSphere, in its sole and absolute discretion, believes that you are in violation of HyperSphere restrictions, restrictions against copying the Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of HyperSphere and its licensors.
Trademarks
HyperSphere® and its associated branding are registered trademarks of HyperSphere. The website and affliated Service including but not limited to the graphics, logos, page headers, button icons, scripts, and Service names constitute trade dress of HyperSphere. The trademarks, service marks, and trade dress of HyperSphere may not be used or reproduced without prior written approval from HyperSphere and may not be used in connection with any product or service that is not affiliated with HyperSphere, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of HyperSphere, or in any manner that disparages or discredits HyperSphere. Other trademarks that appear on the HyperSphere website and user interfaces are the property of their respective owners, who may or may not be affliated with, connected to, or sponsored by HyperSphere. Any images of persons or personalities contained on the HyperSphere website and user interfaces are not an indication or endorsement of HyperSphere or any particular product or our service unless otherwise indicated.
Patents
HyperSphere holds fundamental patent protection applicable to its products. HyperSphere aggressively enforces all of its intellectual property rights including but not limited to its patent rights.
By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms") including those additional terms and conditions and policies referenced here or available by hyperlink. These Terms of Service apply to all users of the site including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Website Content
Unless otherwise noted, all materials including images, illustrations, designs, icons, photographs, video clips, and written or other materials that appear as part of this website are protected by copyrights and international treaty provisions owned, controlled, or licensed by HyperSphere or its affiliates. The website as a whole is also protected by copyrights and constitutes trade dress. Moreover, HyperSphere® is a registered trademark of HyperSphere. All worldwide rights, titles, and interests in and to the website are owned by HyperSphere. For more information, please see our section on Intellectual Property.
The content of our website and the website as a whole are intended solely for personal, noncommercial (other than for the purchase of merchandise from our website) use by the users of our website. You may download or copy any content or other downloadable materials displayed on this website for your personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of this website or its content.
General Provisions
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. However, please note that HyperSphere does not agree to any use of this website by a minor under the age of thirteen.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction including but not limited to copyright, trademark, or trade dress laws.
You must not transmit any worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; or (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks. HyperSphere takes your privacy seriously, and we have enacted a Privacy Policy to protect your personal information.
Pricing, Specifications, and Availability
All prices stated are in United States dollars. Prices, specifications, and availability of products are subject to change without notice. Due to the changing nature of the technology accessories market, and because of the technical differences in the equipment of our customers, product descriptions may not reflect current technical information, and we cannot be responsible for photographic differences in product size, shape, or color. We do not warrant the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
HyperSphere.com orders generate automatic confirmation e-mail, but the receipt of a confirmation only means that we have received your order, and does not constitute an offer to sell. We may change our pricing, product description, or specifications after any confirmation e-mail, but before any shipment or use of our Services, due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether.
We will notify you of any corrections or changes to your order, and will not complete it until we have your approval. Published prices do not include shipping, sales tax, or insurance. We are required by law to collect sales tax on all shipments to all states except Alaska, Delaware, Hawaii, Montana, New Hampshire, Oregon, Virginia, or the District of Columbia (at the state/local tax rate).
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so we may complete your transactions and contact you as needed.
Personal Information
To learn about how we protect personal information, please see our Privacy Policy.
Compliance with the Law and Resale Sales
You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the products on our website or these Terms. You agree and represent you are buying for your own personal use only, and not for resale.
Optional Tools and Links to Other Websites and Services
We may not provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that any such access is without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
To the extent that this website contains access to a link to an outside website, services or resource, HyperSphere does not control any such website, service, or resource. Any concerns regarding any such website, service, or resource, or any link thereto, should be directed to the particular outside website, service or resource. We encourage you to read any applicable privacy policy or statements and any legal notices displayed on any such website, service, or resource.
User Comments, Feedback, or Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether on-line, by e-mail, by postal mail, or otherwise (singularly or collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, or otherwise use in any medium any Comment that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Correction of Website Errors
The information on this website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note such errors may relate to product information, pricing, or availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies.
Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the website or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time that we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HyperSphere, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless HyperSphere and any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Termination
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred before a termination date shall survive the termination of this agreement for all purposes.
Arbitration with Class Action Waiver
You and HyperSphere agree that any dispute, claim, or controversy arising out of or relating in any way to HyperSphere's products or its Service, including our website or user interfaces or these Terms, shall be determined by binding arbitration in Los Angeles County, California, instead of in courts of general jurisdiction. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and HyperSphere are each waiving the right to a trial by jury or to participate in a class action. You further agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. These arbitration provisions shall survive any termination of this agreement.
You and HyperSphere further agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class or representative proceeding. Further, unless both you and HyperSphere agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Governing Law
These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of California.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, wherein such determination shall not affect the validity and enforceability of any other remaining provisions.
Entire Agreement
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us including but not limited to any prior versions of the Terms of Service.
Privacy Policy
HyperSphere takes your privacy seriously, and we have enacted this Privacy Policy to protect your personal information. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number, and that is not otherwise publicly available.
This Privacy Policy only applies to HyperSphere. This Policy does not apply to the practices of companies that HyperSphere does not own or control, or to people that HyperSphere does not employ or manage.
Information Collection and Use
HyperSphere collects information including but not limited to when you use our Service. For example, HyperSphere collects information about your transactions with us and with some of our business partners including information about your use of products or services that we offer. HyperSphere also automatically receives and records information from your computer and browser including your internet protocol address, HyperSphere cookie information, software or hardware attributes, or the page you request. HyperSphere may combine information about you that we have with information we obtain from business partners or other companies.
HyperSphere uses information for general purposes including but not limited to customizing the advertising and content you see, fulfilling your requests for products and services, improving our services, contacting you, conducting research, or providing anonymous reporting for internal and external clients.
HyperSphere is the sole owner of the information collected from www.HyperSpheretech.com.
Customer Orders
We request information from you via our customer order or contact form. You must provide contact information such as name, email, and shipping address and financial information such as credit card number and expiration date. This information is used for billing purposes and to complete your order, if any. If we have trouble processing an order, your information may be used to contact you.
For processing of payments, HyperSphere uses the services of American Express, Discover, MasterCard, Visa, and PayPal. Each of these parties maintains their own guidelines for collecting and managing customer information. To view your credit card merchant's privacy policy or statements, refer to the contact information on the reverse side of your card.
Browser Cookies
A browser cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once a user closes the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies may be removed by following Internet browser help file instructions. Advertising cookies may be placed to enable our display advertising partner to present you with retargeting advertising on other sites based on your previous interaction with our website. The techniques our partners employ do not collect personal information such as your name, email address, postal address, or telephone number.
Log Files
HyperSphere also maintains log files. This includes internet protocol addresses, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the website, track user movement in the aggregate, and gather broad, aggregate demographic information.
Customer Profile
We store information that we collect via browser cookies, log files, or third parties to create a customer profile. A profile is stored information that we maintain for individual users that details their viewing preferences. Consequently, collected information is tied to personally identifiable information to provide offers and to improve the content of the web site for the user. This profile is used to tailor visits to our web site, and to direct pertinent marketing promotions. We do not share customer profiles with third parties.
Third-Party Advertising
HyperSphere does not employ third-party advertising on its web site.
Customer Service
We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account. We reply via email, phone, or through our support section in accordance with our client's wishes.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or a legal process served on our website.
Mailing Lists
HyperSphere maintains a mailing list of customers who opt-in when placing an order or sign up using our online form. Under no circumstances will a client purposely receive spam or any other non-HyperSphere related communication from HyperSphere.
Security
HyperSphere takes every precaution to protect our client's information. When users submit sensitive information via the web site, their information is protected both on- and off-line.
When our order form asks users to enter sensitive information such as a credit card number, that information is encrypted and is protected with encryption software - SSL. While on a secure page, such as our order form, an icon will appear on web browsers such as Safari, Firefox, Google Chrome, and Microsoft Internet Explorer as locked, as opposed to un-locked or open, when users are just "surfing."
While we use SSL encryption to protect sensitive information on-line, we also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted within our offices. Only employees who need the information to perform a specific job, for example, our customer service representatives, are granted access to personal information.
Notification of Changes
If we decide to change this Privacy Policy, we will post those changes here, the homepage, or other place we deem appropriate so our users are aware of what information we collect, how we use it, and under what circumstances, if any, that we may disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.
Intellectual Property
Copyright
The website, including all content included on our user interfaces, are the property of HyperSphere or any of its licensors and are protected by United States and international copyright, trade secret, or other intellectual property laws and treaties. Content shall not be reproduced or used without express written permission from HyperSphere or any licensors. You agree to adhere to the restrictions set forth in these Terms of Service. You agree not to insert any code or product into or manipulate the content of the Service in any way, and not to use any data mining, data gathering, or extraction method. HyperSphere reserves the right to terminate any agreement with you hereunder if HyperSphere, in its sole and absolute discretion, believes that you are in violation of HyperSphere restrictions, restrictions against copying the Services provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of HyperSphere and its licensors.
Trademarks
HyperSphere® and its associated branding are registered trademarks of HyperSphere. The website and affliated Service including but not limited to the graphics, logos, page headers, button icons, scripts, and Service names constitute trade dress of HyperSphere. The trademarks, service marks, and trade dress of HyperSphere may not be used or reproduced without prior written approval from HyperSphere and may not be used in connection with any product or service that is not affiliated with HyperSphere, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of HyperSphere, or in any manner that disparages or discredits HyperSphere. Other trademarks that appear on the HyperSphere website and user interfaces are the property of their respective owners, who may or may not be affliated with, connected to, or sponsored by HyperSphere. Any images of persons or personalities contained on the HyperSphere website and user interfaces are not an indication or endorsement of HyperSphere or any particular product or our service unless otherwise indicated.
Patents
HyperSphere holds fundamental patent protection applicable to its products. HyperSphere aggressively enforces all of its intellectual property rights including but not limited to its patent rights.