TERMS AND CONDITIONS
USE OF THIS WEBSITE IS SUBJECT TO YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS WHICH HYPER WEAR INC. (“HW”) MAY MODIFY AT ANY TIME. REVIEW THIS CAREFULLY WHENEVER YOU VISIT OUR SITE. Please do not use this website, including our online store, if you do not agree to these terms conditions:
COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS AND OTHER INTELLECTUAL PROPERTY
Hyperwear®, Hyper Vest®, SandBell®, and SteelBell®, are registered trademarks and Hyper Vest COOL™, Hyper Vest PRO™, Simple. Powerful. Gear.™, Hyper Training™, and the “H” in a circle logo are all trademarks of HW, none of which may be used without our prior written permission. Other website and online store intellectual property, including but not limited to patents, issued or pending, are the sole property of HW and/or its licensors.
Our website content, including the text, layout, graphics and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of HW. The collective work includes works that are licensed to HW. COPYRIGHT 2008-20011. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with HW or to purchase HW products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by HW in writing.
CONDITIONS ON ACCEPTANCE OF ORDERS
All orders placed through the website and online store are subject to HW's acceptance. HW may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any reason, in its sole discretion, and without liability to you. If your credit card or paypal account has already been charged for an order that is subsequently cancelled, HW shall issue a credit to your credit card or paypal account.
User Created or Contributed Content
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT HW IS NOT RESPONSIBLE FOR ANY CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You agree not to post anything to the website which HW determines to be harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, a possible violation of a copyright, trademark or other intellectual property right, invasive of another’s privacy or publicity rights, possibly illegal, or against HW’s best interests, all in HW’s sole discretion. You agree that HW is free to use any content, designs, creations, or ideas posted by you to this website, or created by you while using the website, or contained in any communication you send to HW in any form, without notice, compensation or acknowledgement to you for any purpose, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HW DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY IS MADE REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION AND WAIVER OF DAMAGES
HW SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF HW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
NOTWITHSTANDING THESE TERMS, IF HW IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT HW'S LIABILITY SHALL IN NO EVENT EXCEED ONE THOUSAND U.S. DOLLARS.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These terms, your purchase from HW, and your use of the HW website shall be governed in all respects by the laws of the State of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the purchase of HW products or use of this website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Travis County, Texas. By using the website, you agree to receive electronic communications from HW. You agree that any notice, agreement, disclosure or other communication that HW sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.