TERMS OF USE FOR HYTORC WEB SITES

Welcome to HYTORC.com and related domain sites of HYTORC Division UNEX Corporation's website ("HYTORC Sites"). These terms of use ("Site Terms") impose conditions on your access to HYTORC Sites, and any use You make of then, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement You may have with HYTORC or its subsidiaries or affiliates for other products or services.

SPECIAL NOTE REGARDING NETWORKED HYTORC SITES. HYTORC maintains many networked web pages and websites operated by HYTORC and its subsidiaries and affiliates (together, "HYTORC Sites"). Please note that individual HYTORC Sites may adopt terms of use particular to the purpose of the HYTORC Site or the transactions taking place on the HYTORC Site. For example, some of the HYTORC Sites affiliated with commercial transactions that You or Your business may have with HYTORC, particularly those which are password-protected or subject to subscriptions, may have differing terms, or separate agreements which supplement or supercede these terms. If a HYTORC Site has imposed its own terms of use by posting on the HYTORC Site, separate agreement or otherwise, the provisions of those HYTORC Site terms shall control in the event of a conflict with these general terms of use for HYTORC.com. Except as supplemented or superceded as described herein, these Site Terms apply to the entire network of HYTORC Sites, and control Your use thereof. HYTORC Sites include, but are not limited to: JETYD.com; TorcGun.com; HytorcWind.com; Hytorc.com.au; HytorcAfrica.co.za; Hytorc.co.uk; Hytorc.fr; Hytorc.com.br; Hytorc.co.jp; etc.

HYTORC reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of HYTORC Sites, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to HYTORC Sites. Your continued use of HYTORC Sites following the posting of its changes or modifications will constitute Your acceptance of such changes or modifications. Therefore, You should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to Your use of HYTORC Sites.

BY ACCESSING, BROWSING, AND USING HYTORC SITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE HYTORC SITES.

Questions or comments about HYTORC Sites or their contents should be directed to the .

Incorporated Agreements, Policies or Terms.

General Privacy Policy HYTORC believes strongly in protecting individual user privacy and providing You notice of HYTORC's collection and use of data, including personally identifying information, collected from the Site. Therefore, HYTORC has adopted a General Privacy Policy that You should review in order to fully understand how HYTORC collects and uses information.

Terms of Sale Agreement Transactions with HYTORC Sites offering products or services for purchase are subject to Terms of Sale Agreement required as a condition to completion of the transaction. Terms of Sale Agreement may be posted on the HYTORC Site or set forth in a separate agreement with You. Your transactions will be governed by Terms of Sale Agreement, therefore You should review it carefully.

Authorized User Agreement Authorized Users consist only of HYTORC employees, independent sales representatives (“ISRs”), agents and/or customers designated specifically by HYTORC. HYTORC desires to control the dissemination of HYTORC Proprietary Rights to and by Authorized Users. Authorized Users’ activities are subject to an Authorized User Agreement as a condition for use of these two sites, therefore Authorized Users should review it carefully.

HYTORC Site License and Access
HYTORC grants You a limited license to make personal use only of HYTORC Sites. Such grant does not include, without limitation: (a) any resale or commercial use of HYTORC Sites or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of HYTORC Sites and their contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, You are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of HYTORC or any third party.

You may not use, frame or utilize framing techniques to enclose any HYTORC trademark, logo or other proprietary information (including the images found at HYTORC Sites, the content of any text or the layout/design of any page or form contained on a page) without HYTORC's express written consent. Further, You may not use any meta tags or any other "hidden text" utilizing a HYTORC name, trademark, or product name without HYTORC's express written consent.

Any unauthorized use of HYTORC Sites will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

HYTORC Proprietary Rights
HYTORC maintains, in whatever medium, the following HYTORC- possessed, developed, accumulated or acquired: (1) any content, text, graphics, design arrangements, presentations, marketing items, advertisements, pamphlets, manuals, user guides, images, color schemes, websites, page headers, custom graphics, button icons, scripts, data, compilations, software, etc. (each, and collectively, "Materials"); (2) any names, logos, slogans, trade dress, indicia, trademarks, service marks, trade names, product markings, etc. (each, and collectively, "Marks"); (3) any trade secrets, market techniques, skills, strategic plans, product designs, methods of operation, business processes, services, ideas, inventions, concepts, works of authorship, copyrights and copyrightable materials and other intellectual property, etc. (each, and collectively, "Intellectual Property"); and (4) any information concerning or related to: (a) HYTORC’s financial condition, results of operations, and amounts of compensation paid to officers and employees; (b) the terms and conditions (including prices) of sales and offers of sales of products and services, and the current status of HYTORC’s relationship with any customer or supplier; (c) the terms, conditions and current status of HYTORC’s other agreements and relationship with any customers; (d) the identities and business preferences of HYTORC’s actual and prospective customers and suppliers or any employee or agent thereof with whom HYTORC communicates; (e) any communications between HYTORC, its officers, directors, shareholders or employees, and any attorney for the purpose of assisting such attorney retained by HYTORC for any purpose, or any person retained or employed by such attorney for purpose of assisting such attorney in the representation of HYTORC; and/or (f) any other matter or thing, whether or not recorded in any medium (each, and collectively, "Confidential Information"). “HYTORC Proprietary Rights” means HYTORC Materials, Marks, Intellectual Property and/or Confidential Information, including all modification, updates, derivations thereof and changes thereto, in whatever medium. HYTORC retains all right, title and interest to HYTORC Proprietary Rights. HYTORC Proprietary Rights may not be used, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, in whole or in part, without the prior written permission of HYTORC. Any request for grant of a license to use HYTORC Proprietary Rights, whether personal or commercial, is subject to prior approval, and should be addressed to the .

Agreement Proprietary Rights
Authorized User agrees that any materials, marks, intellectual property and/or confidential information made by Authorized User in the course of or related to this Agreement (each, and collectively, "Agreement Proprietary Rights"), shall be the sole property of HYTORC, as works made for hire where applicable, free from any claim to legal or equitable title by Authorized User. Authorized User shall execute any documents as necessary to achieve such result.

Proprietary Rights Complaints
HYTORC respects the proprietary rights of others. If You believe that Your work has been copied and has been posted to HYTORC Sites in a way that constitutes proprietary right infringement, please provide the HYTORC legal department with the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the proprietary right interest;
  • A description of the proprietary right that You claim has been infringed upon;
  • A description of where the material that You claim is infringing is located on HYTORC Sites;
  • Your address, telephone number, and e-mail address;
  • A statement by You that You have a good-faith belief that the disputed use is not authorized by the proprietary right owner, its agent, or the law;
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the proprietary right owner or authorized to act on the proprietary right owner's behalf.

Third-Party Content
HYTORC Sites may, from time to time, include discussion forums and interactive areas. Any forums and interactive areas of the HYTORC Sites shall be used only for non-commercial purposes. By using the forums or interactive areas, You agree not to do any of the following:

  • Upload to, distribute or otherwise publish through HYTORC Sites any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Upload or transmit through HYTORC Sites any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit through HYTORC Sites any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, You represent and warrant that You have the lawful right to distribute and reproduce such Content;
  • Impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity; and
  • Without HYTORC's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

HYTORC takes no responsibility and assumes no liability for any Content posted or uploaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity You may encounter. As a provider of interactive services, if any, HYTORC is only a forum and is not liable for any statements, representations, or Content provided by its users.

Enforcement HYTORC has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. HYTORC may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. HYTORC reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect HYTORC's systems and customers, or to ensure the integrity and operation of HYTORC's business and systems, HYTORC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. HYTORC's right to disclose any such information shall govern over any terms of HYTORC's Privacy Policy.

Responsibility for Your Conduct You shall remain solely liable for the Content of any messages or other information You upload or transmit to HYTORC Sites, including any discussion forums or interactive areas. You agree to indemnify and hold harmless HYTORC from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to Your conduct, Your violation of these Site Terms, or Your violation of any rights of a third party.

Linking
Links to HYTORC Sites
You are granted a limited, non-exclusive right to create a hyperlink to HYTORC Sites provided such link does not portray HYTORC or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a HYTORC logo or other proprietary graphic or trademark of HYTORC to link to HYTORC Sites without the express written permission of HYTORC. This limited right may be revoked at any time.

Third-Party Links HYTORC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from HYTORC Sites, or third-party sites linking to HYTORC Sites. The third-party linked sites are not under the control of HYTORC and HYTORC is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. HYTORC is providing these links to You only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by HYTORC of the site or any information contained therein. When leaving HYTORC Sites, You should be aware that HYTORC's terms and policies no longer govern, and, therefore, You should review the applicable terms and policies, including privacy and data gathering practices, of that site.

General Submissions
Do not use HYTORC Sites as a means of submitting information You consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those HYTORC Sites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for Your transactions with a HYTORC Site or in a written agreement with HYTORC applicable to Your particular use of a HYTORC Site, any submission of materials by You will be considered a contribution to HYTORC for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by You in the form of e-mail or submissions to HYTORC, or postings on this Site, are non-confidential (subject to HYTORC's Privacy Policy) and shall become the sole property of HYTORC. HYTORC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to You. The submission of any materials to HYTORC, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Disclaimers
"AS IS" BASIS. HYTORC SITEs AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF HYTORC SITES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER
HYTORC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. HYTORC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. HYTORC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE HYTORC ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF HYTORC SITES IS SAFE, HYTORC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT HYTORC SITEs OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HYTORC reserves the right to change any and all content contained on HYTORC Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by HYTORC.

Limitation of Liability
IN NO EVENT SHALL HYTORC BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF HYTORC SITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, HYTORC SITES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HYTORC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF HYTORC SITES EXCEED $1.00 USD OR THE COMPENSATION YOU PAID HYTORC, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to You, and You may have additional rights to those contained herein.

Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, applicable to agreements made and entirely to be performed within the State of New Jersey, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Bergen County, New Jersey, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Termination
Notwithstanding any of these terms and conditions, HYTORC reserves the right, without notice and in its sole discretion, to terminate Your license to use HYTORC Sites, and to block or prevent future access to and use of HYTORC Sites.

Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Social Media
Our social media pages/channels (Facebook, Twitter, LinkedIn, FlickR, Glassdoor and YouTube) (“HYTORC Social Media”) are a place for You to learn more about HYTORC. Neither HYTORC nor any of its subsidiaries are responsible for third party content posted or appearing on HYTORC Social Media, including but not limited to content and links posted by users. HYTORC does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims, or advice shared by HYTORC fans.

HYTORC does not condone or allow use of social media community space for content not related to HYTORC. We reserve the right to remove postings that are: abusive, defamatory, or obscene; fraudulent, deceptive or misleading; in violation of copyright or intellectual property laws; contain advertising or SPAM; and any other content that HYTORC may deem inappropriate.

HYTORC reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that You've decided to visit HYTORC Social Media, and look forward to sharing our stories with You. When visiting HYTORC Social Media You should also be aware and familiarize Yourself with the site owner’s posted terms of service.