TERMS OF USE

Please read the Terms of Service below, as they cover the terms and conditions that apply to your use of this website (the "Service," "Website," or "Site"). HyperAlert may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.


General Terms and Conditions
In consideration of use of the Service, you agree to: (a) provide accurate, true, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it accurate, true, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, HyperAlert has the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
You acknowledge and agree that you must: (a) provide for your own Internet access and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the Internet, including a computer and modem or other access device.
By using the HyperAlert.com web site, including any applets, software, and content contained therein, you agree that use of the Service is entirely at your own risk. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, DATA, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, HYPERALERT DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HYPERALERT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.

NEITHER HYPERALERT NOR ANY OF ITS EMPLOYEES, SUCCESSORS, AFFILIATES, ASSIGNS, AGENTS, CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, BECAUSE OF THIS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF HYPERALERT, ITS EMPLOYEES, SUCCESSORS, ASSIGNS, AGENTS, AFFILIATES, CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

HyperAlert reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which HyperAlert assumes no responsibility of any kind for the content, availability or otherwise. (See "Links from and to this Website" below.) The content presented at this Site may vary depending upon your browser limitations.

HyperAlert is the owner of any trademark, registered trademark and/or service mark appearing at this Site, and is the copyright owner on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms of Service, for any purpose. However, for your personal use or records, you may print a copy of the information on this Site. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. HyperAlert does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property by placing them on this Website.


User Conduct On the Site

While using the Site, you may not:

  1. post, transmit or use the Site to post or transmit any unlawful, fraudulent, defamatory, libelous, obscene, pornographic, threatening, abusive, offensive or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
  2. restrict or inhibit any other user from using the Site; or
  3. post or transmit or use the Site to post or transmit any advertisements, solicitations, or other unsolicited commercial communication (except as otherwise expressly permitted by HyperAlert) or engage in spamming or flooding; or
  4. post or transmit or use the Site to post or transmit any information or software which contains a virus, worm, trojan horse or other harmful component; or
  5. post, transmit, publish, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
  6. upload, post, transmit, publish, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner; or
  7. upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws.


HyperAlert has no obligation to monitor the Site. However, you acknowledge and agree that HyperAlert has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any regulation, law, or other governmental request, to operate the Service properly, or to protect itself or its customers. HyperAlert reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.

Any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, suggestions, or comments will be treated as non-confidential and nonproprietary. In addition, HyperAlert is free to use any ideas, concepts, know-how or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to you.

Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that HyperAlert may terminate your account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that HyperAlert in its sole discretion believes violate any of the terms and conditions, violate the rights of HyperAlert, or is otherwise inappropriate.

You acknowledge and agree that HyperAlert may in its sole discretion deny you access through HyperAlert to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through HyperAlert, and HyperAlert shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold HyperAlert and its affiliates harmless from any and all claims, costs, liabilities and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms of Service by you or users of your account.

Links from and to this Website
You acknowledge and agree that HyperAlert has no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by HyperAlert of the sponsors of such sites or the content, products, advertising, service representations or other materials presented on such sites.

Other Important Information
HyperAlert is taking reasonable and appropriate measures to ensure that your personal information is disclosed only to those specified by you, or as provided by a party ("Authorized Party") with authorized access to your personal information, such as an employer who provides the information directly to HyperAlert. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others.

Miscellaneous
The Terms of Service and the relationship between you and HyperAlert shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and HyperAlert agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Texas, Harris County.

The failure of HyperAlert to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the other provisions of the Terms of Service remain in full force and effect.