Terms of Use for HYTORC Sites

Welcome to hytorc.com and related domain sites of HYTORC Division UNEX Corporation (”HYTORC”, “Our” or “We”). These terms of use ("Terms") impose conditions on your access to our Websites, 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 and operates many networked web pages and websites. Our websites include, but are not limited to: hytorc.com; portal.hytorc.com; hytorc.com.au; hytorcafrica.co.za; hytorc.co.uk; hytorc.com.br;
hytorc.co.jp; library.hytorc.com; hytorc.sg; hytorc.tt; hytorc.com.au; hr.hytorc.com; torc.com and any other website operated by HYTORC and/or our directly owned affiliates and/or subsidiaries ("Websites"). Please note that individual Websites may adopt terms of use particular to the purpose of the Website or the transactions taking place there. For example, some of the our Websites 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 supersede these Terms. A particular Website’s imposed and/or posted terms of use, separate agreement or otherwise shall control in the event of a conflict with these Terms. Except as supplemented or superseded as described herein, these Terms apply to the entire network of our Websites, and control your use thereof.

HYTORC reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of our Websites, 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 our Websites. Your continued use of our Websites following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of our Websites.

BY ACCESSING, BROWSING, AND USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE 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 TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE OUR WEBSITES.

Questions or comments about our Websites or their contents should be directed to web@hytorc.com .

Incorporated Agreements, Policies or Terms.

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 our Websites. Therefore, HYTORC has adopted a Privacy Policy that you should review in order to fully understand how HYTORC collects and uses information.

Authorized User Agreement. Authorized Users consist only of HYTORC employees, independent sales representatives (“ISRs”), independent industrial distributors (“IIDs”), agents and/or customers designated specifically by HYTORC. HYTORC maintains password protected, restricted access to library.hytorc.com and portal.hytorc.com which provides HYTORC Proprietary Rights to Authorized Users. HYTORC desires to control the dissemination of HYTORC Proprietary Rights to and by Authorized Users. Authorized Users and their 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 our Websites. Such grant does not include, without limitation: (a) any resale or commercial use of our Websites or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of our Websites 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 our Websites, 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 our Websites will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators are subject to prosecution 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 HYTORC legal department.

Agreement Proprietary Rights. Authorized Users agree that any materials, marks, intellectual property and/or confidential information made by Authorized Users 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 Users. Authorized Users 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 our Websites 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 our Websites;
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. Our Websites may, from time to time, include discussion forums and interactive areas. Any forums and interactive areas of our Websites may be used for 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 our Websites 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 our Websites 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 our Websites 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 our Websites, 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 Terms, or your violation of any rights of a third party.

Linking.

Links to our Websites. You are granted a limited, non-exclusive right to create a hyperlink to our Websites 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 our Websites 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 our Websites, or third-party sites linking to our Websites. 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 our Websites, 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 our Websites as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those our Websites specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your transactions with our Websites or in a written agreement with HYTORC applicable to your particular use of our Websites, 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 our Websites, 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. OUR WEBSITES 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 NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON OUR WEBSITES. HYTORC DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON OUR WEBSITES 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 OUR WEBSITES ARE SAFE, HYTORC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT OUR WEBSITES OR THEIR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

HYTORC reserves the right to change any and all content contained on our Websites 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 OUR WEBSITES OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, OUR WEBSITES.

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 OUR WEBSITES EXCEED $1.00 USD.

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 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 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 Terms.

Termination. Notwithstanding any of these Terms, HYTORC reserves the right, without notice and in its sole discretion, to terminate your license to use our Websites, and to block or prevent future access to and/or use of our Websites.

Severability. If any provision of these 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, including, but not limited to, 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 therein.

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.

Terms and Conditions