HYER TERMS OF USE:
HYER PLATFORM

Last Updated on April 24, 2019

1. ACCEPTANCE OF THE TERMS OF USE

These terms of use (“Terms of Use”) constitute a legally binding agreement between you and Frictionless Enterprises, LLC. (“Frictionless” or “we” or “us”), governing your use of Frictionless’ website (https://www.gohyer.com, the “Site”) and the Hyer mobile application (the “App”). The Site, the App, and any related services provided by Frictionless, including without limitation communications and information (whether in writing, orally, or otherwise) provided by Frictionless, are hereinafter collectively referred to as the “Hyer Platform.”

Any personal data you submit to the Hyer Platform or which Frictionless collects about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Hyer Platform you have reviewed the Privacy Policy.

Please read these Terms of Use carefully to understand the terms and conditions for the use of the Hyer Platform. If you do not agree with our terms and conditions, do not to use the Hyer Platform. By accessing or using the Hyer Platform, you agree to these Terms of Use. These Terms of Use may change from time to time. Your continued use of the Hyer Platform after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

2. ACCESSIBILITY

At Frictionless, we strive to make our websites accessible to all people in order to meet our values of diversity and inclusiveness. As part of meeting this objective, the Site includes the following accessibility features:

  • Conformance to XHTML 1.0 transitional standards

  • Use of CSS for presentational formatting

  • User ability to define text sizes


We will continually work to improve the accessibility standards of all our websites.

For further information, please visit W3C Web Accessibility Initiative (WAI) 

Frictionless is committed to working with and providing reasonable accommodations to individuals with disabilities. For questions or assistance, please contact us at support@gohyer.com

3. ACCURACY AND COMPLETENESS OF INFORMATION

While we have made every attempt to ensure that the information contained in the Hyer Platform has been obtained from reliable sources, Frictionless is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information in the Hyer Platform is provided "as is", with no guarantee of completeness, accuracy, timeliness, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

4. YOUR USE OF THE HYER PLATFORM

All content on the Hyer Platform (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) is the exclusive property of and owned by, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Hyer Platform for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Hyer Platform, including but not limited to the modification, distribution, transmission, uploading, licensing, or the creation of derivative works from, any material, information, software, products or services obtained from the Hyer Platform, is expressly prohibited. Frictionless or its licensors or content providers retain full and complete title to the material provided on the Hyer Platform, including all associated intellectual property rights, and provide this material to you under a nonexclusive license that is revocable at any time in Frictionless’ sole discretion. Frictionless neither warrants nor represents that your use of materials on the Hyer Platform will not infringe rights of third parties not affiliated with Frictionless.

As a condition of your use of the Hyer Platform, you will not use the Hyer Platform for any purpose that is unlawful or prohibited by these Terms of Use or any applicable laws.

5. MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the Hyer Platform, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Hyer Platform any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Hyer Platform.

Unless Frictionless indicates otherwise, if you submit material to the Hyer Platform you are granting Frictionless and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Frictionless is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to Frictionless. You grant Frictionless and its affiliates the right to use the name you submit in connection with such material, if we or they so choose. All personal information provided via the Hyer Platform will be handled in accordance with the Hyer Platform's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Frictionless for all claims resulting from content you supply.

6. DISCLAIMERS

Your use of the Hyer Platform is at your sole risk. The Hyer Platform is made available to you "as is".

Frictionless expressly disclaims any representation or warranty of any kind, whether express or implied, as to any matter whatsoever relating to the Hyer Platform, including without limitation the implied warranty of merchantability, fitness for any particular purpose or non-infringement.
If you download any material from the Hyer Platform, you do so at your own discretion and risk. You are responsible for any damage to your computer system or loss of data that results from the download of any such material.

7. LIMITATION OF LIABILITY

IN NO EVENT AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FRICTIONLESS OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE HYER PLATFORM OR THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FRICTIONLESS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FRICTIONLESS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FRICTIONLESS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR THE MODIFICATION OF STATUTES OF LIMITATIONS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. INDEMNIFICATION

You agree to defend, indemnify and hold Frictionless harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the Hyer Platform.

9. COPYRIGHT NOTICE

Unless otherwise noted, the graphic images, buttons and text contained in the Hyer Platform are the exclusive property of Frictionless and its affiliates. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Frictionless.

10. TRADEMARKS

The Hyer Platform features logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to Frictionless and its affiliates or its licensors or content providers. All of these Marks are the property of their respective owners. Subject to the limited license granted in Section 4 above, nothing contained on the Hyer Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Hyer Platform without written permission of Frictionless or any such third party that may own a Mark displayed on the Hyer Platform. Frictionless reserves all rights not expressly granted in and to the Hyer Platform and its content. The Hyer Platform and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States of America and other countries.

11. DIGITAL MILLENNIUM COPYRIGHT ACT

Frictionless respects the intellectual property of others, and expects users of the Hyer Platform to do the same. We comply with the provisions of the Digital Millennium Copyright Act. If you believe, in good faith, that any materials provided on or in connection with the Hyer Platform infringe upon your copyright or other intellectual property right, please send the following information to Frictionless’ Copyright Agent at: complaint@dmcaagentservice.com:

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Hyer Platform where the material you claim is infringed is located. Include enough information to allow Frictionless to locate the material, and explain why you think an infringement has taken place;

  • A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

  • 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 copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

For further information, please visit the Copyright page.

12. LINKS TO THIRD PARTY SITES

As a convenience to users, the Hyer Platform may link to other sites owned and operated by third parties and not maintained by Frictionless. However, even if such third parties are affiliated with Frictionless, Frictionless has no control over these linked sites, all of which have separate terms of use and privacy and data collection practices and legal policies independent of Frictionless. Frictionless is not responsible for the contents of any linked sites and does not make any representations regarding the content or accuracy of material on such sites. Viewing such third party sites is entirely at your own risk.

13. JURISDICTION

Frictionless maintains and operates the Hyer Platform from its offices in New York, United States of America. These Terms of Use are governed and interpreted under the laws of the State of New York, United States of America. By using the Hyer Platform you consent to the jurisdiction of the courts located in New York for any action arising from these Terms of Use.

14. SEVERABILITY; NO WAIVER

If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Frictionless’ failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Frictionless’ rights with respect to such breach or any subsequent breaches.

15. CHANGES TO THESE TERMS OF USE AND THE SITE

Frictionless reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of these Terms of Use (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Hyer Platform or any content or information through the Hyer Platform at any time, effective with or without prior notice and without any liability to Frictionless.

Frictionless will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate, and immediately stop using, the Hyer Platform. Your continued use of the Hyer Platform following any revision to these Terms of Use constitutes your complete and irrevocable acceptance of any and all such changes. Frictionless may also impose limits on certain features or restrict your access to part or all of the Hyer Platform without notice or liability.

16. NO RIGHTS OF THIRD PARTIES

None of the terms of these Terms of Use are enforceable by or shall benefit any persons who are not a party to these Terms of Use.

17. NOTICES AND CONSENT TO RECEIVE NOTICES ELECTRONICALLY

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms of Use refers electronically including without limitation by e-mail or by posting Notices on the Hyer Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Use or about the Hyer Platform, please contact us by email at support@gohyer.com or by mail to Frictionless Enterprises, 195 Locust Ave, Rye NY 10580.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE HYER PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

a. Waiver; Entire Agreement; Severability; Assignment

Failure by Frictionless to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement, together with the other documents referenced herein, constitutes the complete and exclusive agreement between you and Frictionless with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the second paragraph in Section 29(a), in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (i) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (ii) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 30(a) shall be null and void. This Agreement will inure to the benefit of Frictionless, its successors and assigns.

b. Changes to This Agreement and the Hyer Platform

Frictionless reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Use, Privacy Policy, the General Terms of Use) and review, improve, modify or discontinue, temporarily or permanently, the Hyer Platform or any content or information through the Hyer Platform at any time, effective with or without prior notice and without any liability to Frictionless. Frictionless will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Hyer Platform. Your continued use of the Hyer Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Frictionless may also impose limits on certain features or restrict your access to part or all of the Hyer Platform without notice or liability.

c. No Rights of Third Parties

None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
d. Notices and Consent to Receive Notices Electronically
Frictionless may give any notice required by this Agreement by means of a general notice on the Site, the App, electronic mail to your email address on record with Frictionless, or by written communication sent by first class mail or pre-paid post to your address on record with Frictionless. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or upon sending (if sent by email). You may give notice to Frictionless by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the following address: Frictionless Enterprises, LLC, 195 Locust Ave, Rye NY 10580 or email to support@gohyer.com 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE, AS WELL AS THE PRIVACY POLICY AND THE GENERAL TERMS OF USE, AND AGREE THAT MY USE OF THE HYER PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.