Terms of Service

IMPORTANT - PLEASE READ CAREFULLY

BY USING "THE SERVICE", OR "THE SOFTWARE", THE END USER ("YOU") AGREES TO BE LEGALLY BOUND BY THE COMBINED "TERMS OF SERVICE", "END USER LICENSE AGREEMENT", "PRIVACY POLICY" AND "SPAM POLICY" (COLLECTIVELY, "THE AGREEMENT").

1. ACCEPTANCE OF TERMS

HYTechFX provides its service to you subject to the following Terms of Service, the "TOS", which we may be updated from time to time with or without notice to you. You can review the most current version of the TOS at any time, right here at: http://www.hytechfx.com/api/tos. In addition, when using particular HYTechFX services, you and HYTechFX shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

HYTechFX provides users with access to a rich collection of resources, including, various communication tools, message boards, marketing tools, personalized content and branded programming through its network of properties known collectively as "THE SERVICE". Unless explicitly stated otherwise, any new features that augment or enhance THE SERVICE, including the release of new HYTechFX properties, shall be subject to THE AGREEMENT. You understand and agree that THE SERVICE is provided "AS-IS" and that HYTechFX assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store any user communications, personal data or settings.

4. PRIVACY POLICY

HYTechFX is concerned for the safety and privacy of our users, for this reason, all stored personal data, settings, and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at: http://www.hytechfx.com/api/privacy.

3. COMMUNICATION

You understand and agree that THE SERVICE may include certain communications from HYTechFX such as administrative messages, service announcements, and the HYTechFX Newsletter, and that these communications are considered part of HYTechFX membership and you will not be able to opt out of receiving them.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

In order to access certain services which may from time to time be offered by HYTechFX, you may be required to accept additional terms and conditions and/or, establish an account including an unique identification code or name (an "ID") and password (a "Password").

You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.

You agree that you will exit properly by "logging out" from your account at the end of each session rather than simply closing the browser. HYTechFX can not and will not be liable for any loss or damage arising from your failure to comply with this Section.

6. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of THE SERVICE, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by THE SERVICE's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HYTechFX has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HYTechFX reserves the right to suspend or terminate your account and refuse any and all current or future use of THE SERVICE (or any portion thereof). You acknowledge that HYTechFX reserves the right to remove accounts that are inactive for a period of 90 days.

7. MEMBER CONDUCT

You understand that all information, web sites, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly available or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that YOU, and not HYTechFX, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via THE SERVICE. HYTechFX does not control the Content posted via THE SERVICE and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using THE SERVICE, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HYTechFX be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via THE SERVICE.

You agree to not use THE SERVICE to:

a.	upload, post, email, transmit or otherwise make available any Content that: is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or racially, ethnically or otherwise objectionable; you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; unsolicited or unauthorized advertising, promotional materials, "junk mail," "SPAM," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interferes with or disrupts THE SERVICE or servers or networks connected to THE SERVICE, or disobey any requirements, procedures, policies or regulations of networks connected to THE SERVICE;
b.	impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
c.	collect or store personal data about other users;
k.	"stalk" or otherwise harass another;
l.	harm minors in any way; or
m.	intentionally or unintentionally violate any applicable local, state, national or international law.

You acknowledge that HYTechFX does not pre-screen Content, but that HYTechFX shall have the right (but not the obligation) in it's sole discretion to refuse, move or remove any Content that is available via THE SERVICE which violates THE AGREEMENT or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HYTechFX or submitted to HYTechFX, including without limitation information in HYTechFX, HYTechFX message boards, software, data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") and in all other areas of the Service.

You acknowledge and agree that HYTechFX may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce THE AGREEMENT; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HYTechFX, its users and the public.

You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Software, services or content. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.

8. UNSOLICITED COMMERCIAL EMAIL(UCE) OR "SPAM"

HYTechFX takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM via THE SERVICE. Specifically, this means that users of THE SERVICE may not (a) use or permit others to use THE SERVICE to transact in UCE; (b) send, host or permit sending of, or hosting of sites or information that is advertised by UCE.

You acknowledge and agree that HYTechFX has the right to immediately suspend or terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any 'spam' or other unsolicited email. If determined by HYTechFX, in its sole discretion, that you have violated or acted inconsistently with this section, you agree to pay HYTechFX's actual damages to the extent such actual damages can be reasonably calculated. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay HYTechFX liquidated damages of five dollars (US$5.00) for each piece of 'spam' or unsolicited email transmitted from or otherwise connected with your account. You agree that HYTechFX may charge such damages to your selected Payment Method.

9. SPECIAL ADMONITIONS FOR INTERNATIONAL USERS

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the USA, Canada or the country in which you reside.

10. INDEMNITY

You agree to indemnify and hold HYTechFX, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through THE SERVICE, your use of THE SERVICE, your connection to THE SERVICE, your violation of THE AGREEMENT, or your violation of any rights of another.

11. NO RESALE OF SERVICE

Unless specifically stated otherwise, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of THE SERVICE, use of THE SERVICE, or access to THE SERVICE.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that HYTechFX may establish general practices and limits concerning use of THE SERVICE, including without limitation, the maximum number of messages that may be sent from or received by an account on THE SERVICE, the maximum size of any message that may be sent from or received by an account on THE SERVICE, the maximum disk space that will be allotted on HYTechFX's servers on your behalf. You agree that HYTechFX has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by THE SERVICE. You further acknowledge that HYTechFX reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. SUBMISSIONS

If you send content (e.g., postings, contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of HYTechFX. None of the Submissions shall be subject to any obligation of confidence on the part of HYTechFX, and HYTechFX shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, HYTechFX shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

14. MODIFICATIONS TO SERVICE

HYTechFX reserves the right at any time to modify or discontinue, temporarily or permanently, THE SERVICE (or any part thereof) with or without notice. You agree that HYTechFX shall not be liable to you or to any third party for any modification, suspension or discontinuance of THE SERVICE.

15. TERMINATION

You agree that you must notify HYTechFX in writing of your request to terminate your billing arrangement by providing written notice a minimum of 7 days prior to the next scheduled billing. You further agree that all sales are final and you will not "charge-back" or otherwise "dispute" a payment made to your account either due to your failure to provide sufficient written notice of your request to end your billing contract, or otherwise.

You agree that HYTechFX, in its sole discretion, may terminate your account (or any part thereof) or use of THE SERVICE, and remove and discard any Content within THE SERVICE, for any reason, including, without limitation, for lack of use or if HYTechFX believes that you have violated or acted inconsistently with the letter or spirit of THE AGREEMENT. You agree that any termination of your access to THE SERVICE under any provision of THE AGREEMENT may be effected without prior notice, and acknowledge and agree that HYTechFX may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or THE SERVICE. Further, you agree that HYTechFX shall not be liable to you or any third-party for any termination of your access to THE SERVICE.

16. REFUNDS

In the past our refund policy was misused and exploited by customers who created false reasons for refund. Because of this our company now has a much stricter refund policy for software.

Generally you will only be entitled to a refund if all of the following apply:
1) The software is demonstrated to be defective.
2) A defect is found and our technical support staff cannot provide a fix or work-around within 14 days;
3) There is a defect in the software that could not be detected in the trial version; and
4) The software has not been activated (downloaded and/or installed on computer).

We generally do not refund or exchange in these circumstances:
1) At any time after activation.
2) Just because you made a 'mistake' when ordering.
3) Just because you changed your mind after ordering.
4) Refunds of technical support plans just because you never ended up needing support.

17. LINKS

THE SERVICE may provide, or third parties may provide, links to other sites on the World Wide Web or resources. Because HYTechFX has no control over such sites and resources, you acknowledge and agree that HYTechFX is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HYTechFX shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a.	ANY MATERIAL DOWNLOADED, VIEWED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

b.	YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HYTechFX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c.	NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HYTechFX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
d.	HYTechFX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE OR OTHER INTANGIBLE LOSSES RESULTING FROM: THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR ANY OTHER MATTER RELATING TO THE SERVICE

19. GENERAL INFORMATION

THE AGREEMENT constitute the entire agreement between you and HYTechFX and govern your use of THE SERVICE, superceding any prior agreements between you and HYTechFX. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of HYTechFX to exercise or enforce any right or provision of THE AGREEMENT shall not constitute a waiver of such right or provision. If any provision of THE AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of THE AGREEMENT remain in full force and effect. You 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 THE SERVICE or THE AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this TOS are for convenience only and have no legal or contractual impact or effect.

20. VIOLATIONS

Please report any violations of the TOS to our Abuse Department at:

Effective Date: June 1, 2007

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