Terms Of Use

If you have any questions, concerns or are unclear about any part of the Terms of Use please contact us by sending an email to: termsofuse@hyperionproductsinc.com

AGREEMENT BETWEEN USER AND HYPERIONPRODUCTSINC.COM
The Hyperion Products Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Hyperion Products Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
HYPERIONPRODUCTSINC.COM reserves the right to change the terms, conditions, and notices under which the Hyperion Products Services are offered, including but not limited to the charges associated with the use of the Hyperion Products Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Hyperion Products Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
Unless otherwise specified, the Hyperion Products Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Hyperion Products Site/Service.

PRIVACY AND SECURITY
Your use of Hyperion Products is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Hyperion Products Site/Service, you will not use the Hyperion Products Site/Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Hyperion Products Site/Service in any manner which could damage, disable, overburden, or impair any Hyperion Products Site/Service (or the network(s) connected to any Hyperion Products Site/Service) or interfere with any other party’s use and enjoyment of any Hyperion Products Site/Service. You may not attempt to gain unauthorized access to any Hyperion Products Site/Service, other accounts, computer systems or networks connected to any Hyperion Products Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Hyperion Products Sites/Services.

SOFTWARE AND CONTENT
All content and software (if any) that is made available to view and/or download in connection with the Hyperion Products Site/Services, excluding content and/or software that may be made available by end-users through a Communication Service, (“Software”) is owned by and is the copyrighted work of HYPERIONPRODUCTSINC.COM. Corporation and/or its suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, HYPERIONPRODUCTSINC.COM. Corporation hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular Hyperion Products Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Hyperion Products site/services may include inaccuracies or typographical errors. Changes are periodically made to the Hyperion Products site/services and to the information therein. HYPERIONPRODUCTSINC.COM and/or its respective suppliers may make improvements and/or changes in the Hyperion Products site/services at any time. Advice received via the Hyperion Products site/services should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

HYPERIONPRODUCTSINC.COM and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Hyperion Products site/services for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. HYPERIONPRODUCTSINC.COM and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

You specifically agree that HYPERIONPRODUCTSINC.COM shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a Hyperion Products site/service. You specifically agree that HYPERIONPRODUCTSINC.COM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that HYPERIONPRODUCTSINC.COM is not responsible for any content sent using and/or included in a Hyperion Products site/service by any third party.

In no event shall HYPERIONPRODUCTSINC.COM and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Hyperion Products site/services, with the delay or inability to use the Hyperion Products site/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Hyperion Products site/services, or otherwise arising out of the use of the Hyperion Products site/services, whether based on contract, tort, negligence, strict liability or otherwise, even if HYPERIONPRODUCTSINC.COM or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Hyperion Products site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hyperion Products site/services.

TERMINATION/ACCESS RESTRICTIONS
HYPERIONPRODUCTSINC.COM reserves the right, in its sole discretion, to terminate your access to any or all Hyperion Products Site/Services and the related services or any portion thereof at any time, without notice. HYPERIONPRODUCTSINC.COM may terminate the Hyperion Products Site/Services at any time, without any prior notice. You accept this risk and waive any and all claims, of any nature whatsoever, associated with such termination of the Hyperion Products Site/Services.

HYPERIONPRODUCTSINC.COM may also terminate or suspend your access to Hyperion Products Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by HYPERIONPRODUCTSINC.COM. The amount of time that HYPERIONPRODUCTSINC.COM currently considers as an “extended” period of time is 6 months. Upon termination of the Hyperion Products Site/Service, your right to use the Hyperion Products Site/Service immediately ceases.

HYPERIONPRODUCTSINC.COM shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the Hyperion Products Web Site is: Copyright © 2016 HYPERION PRODUCTS, INC. and/or its suppliers, 300 Spectrum Center Drive, Suite 400, Irvine, CA 92618, U.S.A.  All rights reserved.

Any rights not expressly granted herein are reserved.

Last Updated: April 4, 2016