WELCOME TO HYPERION GLOBAL PARTNERS! WE ENCOURAGE YOU TO TAKE ADVANTAGE OF THE CONTENT AND FEATURES AVAILABLE ON HYPERIONGP.COM AND ALL HYPERION-OWNED WEBSITES (EACH, A “WEBSITE” OR COLLECTIVELY “WEBSITES”).
Hyperion Global Partners, LLC and its affiliates (“Hyperion” or “we”) provides its content on its Websites subject to the following terms and conditions (the “Terms”).
If you have not yet purchased Services from Hyperion or are not already a Hyperion Client, we encourage you to contact us to learn more about the benefits and value that Hyperion can provide.
1. WEBSITE CONTENT AND COPYRIGHT
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Hyperion and its licensors. You agree that you will not refer to or attribute any information to Hyperion or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Hyperion or its licensors.
3. USE OF SITE CONTENT
Hyperion hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Hyperion’s prior written consent.
4. RESTRICTION ON USE
User will not (i) violate the security of the Site nor attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password timing or any other means; (ii) take nor attempt any action that, in the sole discretion of Hyperion, imposes or may impose an unreasonable or disproportionately large burden on the Site or its infrastructure; (iii) use nor attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Site, any data or content found on or accessed through the Site without the prior written consent of Hyperion; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
5. USER POSTINGS
You acknowledge and agree that Hyperion shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Hyperion for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Hyperion’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Hyperion does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Hyperion reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
6. NOTICES OF INFRINGEMENT AND TAKEDOWN BY HYPERION
Hyperion prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Hyperion at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Hyperion will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. ? 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Hyperion’s contact for submission of notices under this Section 5 is: Legal Department, Hyperion Global Partners, Three sugar Creek Center, Suite 100, Sugar Land, Texas 77478.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT HYPERION IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYPERION AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. HYPERION SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER HYPERION NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
You hereby indemnify, defend, and hold harmless Hyperion and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Hyperion reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
9. ACCURACY OF INFORMATION
While the information contained on this Website has been obtained from sources believed to be reliable, Hyperion disclaims all warranties as to the accuracy, completeness or adequacy of such information. User assumes sole responsibility for the use it makes of this Website to achieve his/her intended results.
10.THIRD-PARTY WEB SITES
11. LIMITATION OF LIABILITY
In no event will Hyperion be liable for: (a) damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits Limitation of Liability: business interruption and loss of programs or information) arising out of the use of or inability to use this Website, or any information provided on this Website, or (b) any claim attributable to errors, omissions or other inaccuracies in the information provided on this Website.
In accessing and using this Website, User agrees to comply with all applicable laws and agrees not to take any action that would compromise the security or viability of this Website. Hyperion may terminate User’s access to this Website at any time for any reason. The terms hereunder regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights shall survive termination.
13. GENERAL PROVISIONS
14. GOVERNING LAW; JURISDICTION
These Terms are governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof. User consents to the jurisdiction of the courts of the state of Texas.
15. CHANGES AND NOTICES
Hyperion reserves the right to modify the Services at any time. Hyperion may provide notice of changes by posting information concerning the change (i) via email; (ii) on Company’s website (iii) by notification directly through the Services (e.g. on a Services login page); or (iv) by other industry standard notification system such as social media. Should Company implement a change that reduces the functionality of the Service in a material manner, Company will issue a notification summarizing the effects of such a change.
Also, if Customer has established an account with Hyperion and subsequently makes changes to the account, it may affect the Service provided. For example, if Customer cancels a paid subscription and continues to use a free account, certain features or benefits may no longer be available to Customer.
If Customer’s account fails to meet the requirements of the Service, Company may take all reasonable remedial measures at its sole discretion, including the suspension of access to or deletion of files and/or Spaces. Additionally, Company may suspend or terminate Customer’s free access to the Service or paid subscription if Customer’s usage, in Company’s reasonable opinion, does not comply with the features, benefits and restrictions that are applicable at that time or causes interference with the normal functioning of the Service.
Revised: 1 May 2018