HYLONOME TERMS & CONDITIONS

 

Updated on September 18, 2017

Welcome to the websites and mobile applications of Hylonome, LLC, including Hylofit.com. This Terms and Conditions of Use Agreement (this "Terms & Conditions") is a legal agreement between you, or in the event that you represent, or are using the Site on behalf of, a business or other entity, that business or entity (in either case, “you”) and Hylonome, LLC (hereinafter "Hylonome", "we", "us", or "our"). These Terms & Conditions govern your Account (as defined herein) and your use of web-based service available through the Hylofit.com website and mobile applications, and APIs and other interfaces made available by Hylonome (collectively, the "Site"). If you are a business or other entity, the individual entering into these Terms & Conditions on your behalf hereby represents that he/she is an employee or agent of such business or other entity and has authority to enter into these Terms & Conditions on the company's behalf.

1.     Acceptance of our Terms

Please read the following Terms & Conditions in full before proceeding. By clicking “I accept” during account registration or by visiting the Site, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to Hylonome, you acknowledge you have read and agree to be bound by the following Terms & Conditions to the exclusion of all other terms. If you do not want to be unconditionally bound by and a party to our Terms your only option is not to visit, view, or otherwise use the services of Hylonome. You understand, agree and acknowledge that these Terms & Conditions constitute a legally binding agreement between you and Hylonome and that your use of our Site shall indicate your conclusive acceptance of this Agreement.

2.     Provision of Services

You agree and acknowledge that Hylonome is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it by posting a notice on its website. Furthermore, you agree and acknowledge that Hylonome is entitled to provide services to you through subsidiaries or affiliated entities.

3.     Proprietary Rights

You acknowledge and agree that our Site may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Hylonome authorizes you to view and make a single copy of portions of our Site content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without Hylonome’s prior written consent, which consent may be delayed or denied in its sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

4.     Submitted Content

When you submit content to our Site, you simultaneously grant Hylonome an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Hylonome.

5.     Termination of Agreement

The Terms of this Agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this Agreement.

6.     Disclaimer of Warranties

You understand and agree that your use of our Site is entirely at your own risk and that our services are provided "As Is" and "As Available." HYLONOME DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE HYLOFIT.COM WEBSITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

7.     Limitation of Liability

YOU UNDERSTAND AND AGREE THAT HYLONOME, LLC, AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT HYLONOME, LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF HYLONOME, LLC IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

8.     External Content

Our Site may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Hylonome is not responsible for and does not endorse any advertising, products or resources available from such resources or websites.

9.     Jurisdiction

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of ??? regardless of any conflicts of law issues, to resolve any legal matter arising from this Agreement or related to your use of Hylofit.com. If the court of law having jurisdiction rules that any provision of this Agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.

10. Entire Agreement

You understand and agree that the above Terms constitute the entire general Agreement between you and Hylonome, LLC regarding the use of Hylofit.com, the subject matter of this Agreement. You may be subject to additional Terms and Conditions when you use, purchase or access other services, affiliate services or third-party content or material.

11. Changes to the Terms

Hylonome, LLC reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of our Site after any changes to Terms will signify your agreement to be bound by them.

12. Ownership of Your Content.

We do not claim ownership rights in your Content. Subject to the non-exclusive license contained in the following paragraph, you own and will retain any and all intellectual property rights that you may have in your Content.

13. License to Use Your Content.

By posting your Content on or through the Site, you hereby grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, publicly perform, publicly display, distribute, and create derivative works based on your Content. You consent to our use and disclosure of your Content as set forth in these Terms & Conditions, including our Privacy Policy. You may contact us to request that your Content be removed from the Site. We cannot guarantee the complete deletion of your Content and copies thereof, especially on message boards, blogs or other community pages. Back-up or residual copies of any Content that we remove may remain on our servers after the Content has been removed from view, and we retain all rights granted in this paragraph to all such remaining copies.