TERMS OF USE

Welcome to HyperTuned.com ("Website"). This Terms of Use Agreement ("Agreement") is a legal agreement between you, the user of the Website, and HyperTuned.com, the owner and operator of the Website. This Agreement sets forth the legally binding terms and conditions for your use of the Website at [url]. By accessing or using the Website in any manner, including, but not limited to, visiting or browsing the Website or contributing content or other materials to the Website, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.

INTELLECTUAL PROPERTY

All content included on the Website, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of HyperTuned.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of HyperTuned.com and protected by U.S. and international copyright laws.

LICENSE AND ACCESS

Subject to your compliance with these Terms of Use, HyperTuned.com grants you a limited, nonexclusive, non-transferable license to access and make personal and non-commercial use of the Website. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by HyperTuned.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No part of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HyperTuned.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HyperTuned.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing HyperTuned.com's name or trademarks without the express written consent of HyperTuned.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of HyperTuned.com, provided that the link does not portray HyperTuned.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any HyperTuned.com logo or other proprietary graphic or trademark as part of the link without express written permission.

USER CONTENT

You are solely responsible for any User Content you submit to the Website. You may not post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party including addresses and phone numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that is unrelated to the topic of the website.
HyperTuned.com does not endorse any User Content submitted to the website and expressly disclaims any and all liability in connection with User Content. If your User Content violates these Terms of Use in any way and/or is found to be inaccurate or misleading in any way whatsoever by HyperTuned.com, HyperTuned.com reserves the right to remove such User Content from the website without notice and without liability to you.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless HyperTuned.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The website is provided "as is" without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HyperTuned.com disclaims all warranties including but not limited to implied warranties and conditions of merchantability and fitness for a particular purpose. HyperTuned.com does not warrant that the functions contained in this website will be uninterrupted or error free. In no event shall HyperTuned.com, its affiliates or their respective directors, officers employees and agents be liable for any direct indirect special incidental consequential damages arising out of your use of this website however caused even if notified in advance. In no event shall HyperTuned.com's total liability for all damages exceed one hundred dollars ($100).

CHANGES TO THIS AGREEMENT

HyperTuned.com reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by this Agreement as modified. For this reason we encourage you to review this Agreement whenever you access or use this website.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of [State], without giving effect to its conflict of laws provisions. You agree that with respect to any dispute with HyperTuned.com, its officers directors employees agents licensors affiliates successors assigns or service providers arising out of or relating to your use of this website you will first contact us and attempt to resolve the dispute with us informally. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class action or representative action.

TERMINATION

HyperTuned.com reserves the right in its sole discretion to terminate your access to all or part of this website with or without notice.

CONTACT INFORMATION

If you have any questions about these Terms & Conditions please contact us at admin@hypertuned.com.