Acceptance of Contract Terms
The following are terms of a legal agreement between you and HYPERGEAR. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by HYPERGEAR from its offices. Those who choose to access this Site from other locations do so with their own initiative in mind and are responsible for compliance with applicable local laws.
The copyright in all material provided on this site ("Site") is held by HYPERGEAR, or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form. Permission is granted to display, copy, distribute and download the materials on this Site for personal or non-commercial use only, provided materials are left un-modified and that all copyright and other proprietary notices contained in the materials are retained. You also may not, without HYPERGEAR permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
"Cookies" implement a unique, random ID by storing small text files onto a user's computer hard drive via his/her browser. Cookies enable a web site to track user's website activities.
When you submit personal information to myhypergear.com .com, you understand that you are agreeing to allow HYPERGEAR, its subsidiaries and its affiliates, access to, storage of and use of the data in any of the countries where HYPERGEAR, its subsidiaries and its affiliates do business, whether inside or outside of the United States.
HYPERGEAR may use the personal information you submit for any purposes related to HYPERGEAR's business including, but not limited to, generating statistical studies, conducting market research, improving products and services, sending surveys, and product upgrade and update notifications, new products, special offers, seminars or conventions and any other changes within myhypergear.com .com that may affect you.
At HYPERGEAR we respect your right to privacy and understand that, as a visitor to myhypergear.com .com, you prefer to control your own personal information and preferences. For this reason, we may ask you to register or to provide personal information and preferences when visiting specific areas of myhypergear.com .com, download free software, request information, or subscribe to the HYPERGEAR newsletter.
We will guard any personal information you choose to share with us so as to ensure the provided content, services, and advertising on myhypergear.com .com are always tailored to your currently designated preferences.
When you provide HYPERGEAR with your name (or alias), e-mail address, mailing address or telephone number, and do not 'opt out,' HYPERGEAR and its representatives or affiliates may use the provided information to alert you regarding product upgrades, special offers, updated information, classes, new services, and other HYPERGEAR information. Representatives and affiliates may include value-added resellers and authorized training partners. Beyond its representatives and affiliates, HYPERGEAR does not offer or allow the selling of any user-provided information to third parties.
HYPERGEAR respects the rights users provide when opting to receive e-mail communications and enforces internal policies to preserve those rights. It is our objective to retain the long-term ability to continue communication with our users.
If you do not want HYPERGEAR or HYPERGEAR representatives to contact you, you may "opt out" of this preference at any time, whether you're online or contacting HYPERGEAR directly. As part of your preference flexibility, you'll always have the option to opt back in and have HYPERGEAR contact you based on your previous or new preferences. For instructions, please see the section "Contact Us," below. If you choose not to register or provide personal information, you can still visit most HYPERGEAR websites; however, you will not have access to areas that require personal identification.
If a user elects to use our “Tell a Friend” application for forwarding a HYPERGEAR e-mail or informing a friend about our website, we will ask for the friend in question’s name and e-mail address. HYPERGEAR will automatically send that friend the specified e-mail or website information. HYPERGEAR will not use relayed information to contact said friend in the future.
HYPERGEAR Membership and the Use of Log Files (Cookies)
HYPERGEAR offers free membership to all myhypergear.com .com visitors. In order to establish membership, visitors are requested to provide both personal information and preferences. This information is stored and protected via user-established Member ID and Password.
There is an additional "Remember Me" option. By choosing this selection, you are allowing HYPERGEAR to store your Member ID and password for quick access to certain areas of the website without having to sign in repetitively. The sign-in information is stored until you explicitly take action to sign out. It also allows you to return to any HYPERGEAR website on subsequent visits without having to re-enter that subsequent information. HYPERGEAR remembers you by placing a log file (cookie) which contains only enough information to identify you upon return visits. A "cookie" is a small line of text that is stored within your web browser for record-keeping purposes and helps HYPERGEAR provide you more effective service. Your browser has options to accept, reject, or provide you notices when cookies are sent.
No information, other than that found in the Membership cookie, will be accessed by any HYPERGEAR system. Access to your membership information always requires use of both a Member ID and Password.
HYPERGEAR also utilizes visitor log files (cookies) with our website. Once a user enters our site, a cookie follows them through their clickstream path. Examples of information being collected by these cookies include the number of times a user came to our site(s), and the paths they took to get there.
HYPERGEAR uses the data collected from website visitor cookies only in aggregate form and does not collect any personally identifiable information. Use of this information helps us better understand what exactly users are seeking and learning while on our website(s) and helps us better identify potential navigation issues.
How HYPERGEAR will Protect Your Personal Information
HYPERGEAR will always protect the personal information that you share with us. HYPERGEAR stores information internally in a controlled, secure environment. If, for example, you make a purchase online, we route all transactions through SSL (Secure Socket Layers) and process your credit card number only to secure a current payment. The SSL transaction does not retain your credit card number, subsequent to the transaction at hand, and will not use said number for marketing purposes.
We occasionally hire other companies to provide limited services on our behalf, including: packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver a service, and they are prohibited from using that information for any other purpose.
If HYPERGEAR requests general demographic information, this information is limited to reporting purposes only; members remain anonymous. Phone numbers, e-mail addresses, and postal addresses are never shared for demographic reports with outside entities.
HYPERGEAR may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s), we will provide an up-front statement to that effect.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, court order or legal process served on our website.
HYPERGEAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HYPERGEAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES. HYPERGEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYPERGEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HYPERGEAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HYPERGEAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN PARTIES. WE ALWAYS ENDEAVOR TO ADVANCE AND REFINE OUR PRODUCTS, THEREFORE THE DEPICTIONS ON OUR WEBSITE MAY SLIGHTLY VARY FROM THE PHYSICAL PRODUCT YOU PURCHASED.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration or use of, whether for breach of contract, tort, negligence or any other cause of action.
HYPERGEAR reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify/change any portion of the Site and any applicable policies or terms; and (3) to interrupt operation of any portion of the Site as necessary to perform routine or non-routine maintenance, error correction, or other changes.
HYPERGEAR is dedicated to supporting all customers. You may experience some bugs when attempting to access myhypergear.com .com while using assistive devices. We're in the process of improving the site in this regard. In the meantime, please check this page for the latest information on how to best access our website.
How to Receive Further Assistance
For further assistance, please contact Customer Service; we'll make every effort to provide any information you may require. Please notify us if you have difficulty accessing content throughout the site, or in the following areas:
- Product Registration
- Membership Extensions
- Trial Downloads
Help Us Make Our Site Accessible
We welcome your suggestions and comments. Please send us your feedback regarding our site’s accessibility. The information contained within this web site is subject to change without notice.
myhypergear.com is provided to you free of charge and on an "as is" basis.