Last Updated: June 29, 2009
Welcome to HySecurity, a company of TheNiceGroup
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
4. Acceptable Use
As a condition of using the Site, you agree not to do any of the following:
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
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
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.
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.
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
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.
If you have any questions about HySecurity or the website, please contact us.