PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS. BY ACCESSING, BROWSING, REVIEWING, AND/OR USING THE SITE, YOU RECOGNIZE AND AGREE THAT YOU HAVE READ, COMPREHENDED, AND ACCEPTED THESE TERMS AND CONDITIONS UNCONDITIONALLY AND WITHOUT RESERVATION. YOU FURTHER COMMIT TO ABIDE BY ALL RELEVANT LAWS, RULES, AND REGULATIONS. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, REFRAIN FROM USING THE SITE.
The Site may include additional proprietary notices and copyright information, the provisions of which you must adhere to and comply with. Information provided on the Site might contain technical inaccuracies or typographical errors. Bain holds the right to modify, revise, amend, or remove parts of these Terms and Conditions at its sole discretion and without prior notice to you. It remains your responsibility to stay updated with the latest version of these Terms and Conditions at all times. Continuing to utilize the Site signifies your consent to any modifications, amendments, adjustments, or deletions made to these Terms and Conditions.
Access and Use of the Site; Limitations on Usage
Subject to your consistent adherence to these Terms and Conditions, HayWyre hereby provides you with a restricted, personal, non-exclusive, non-transferable, non-sublicensable, and terminable license to access and use the Site exclusively for your personal, non-commercial, and lawful intentions. This usage must encompass the retention of all copyright, trademark, and other intellectual property notices present within. Furthermore, HayWyre does not confer authorization, either implicitly, by implication, or by any other means, for you to declare or imply that HayWyre endorses or supports any political opinions, ideas, causes, products, or services of third parties. All rights other than those expressly stated are explicitly reserved.
Your utilization of the Site, inclusive of all its features and functionalities, must align with applicable laws, rules, regulations, and any other limitations pertaining to the use of the service or Content. In accordance with these Terms and Conditions, you shall refrain from engaging in the following activities:
(i) Storing, downloading, reproducing, distributing, altering, displaying, performing, publishing, licensing, creating derivative works from, offering for sale, or utilizing any Content or information obtained from or through the Site; (ii) Erasing copyright or other proprietary rights notices from the Site or any Content; (iii) Bypassing, removing, altering, deactivating, degrading, or thwarting any content or other protective measures embedded within the Site; (iv) Utilizing any robot, spider, scraper, or automated mechanism to access the Site; (v) Decompiling, reverse engineering, or disassembling any software or other accessible products or processes through the Site; (vi) Injecting any code, product, or manipulation into the Site; (vii) Engaging in data mining, data gathering, or extraction practices; (viii) Uploading, posting, emailing, or transmitting any material intended to interrupt, destroy, or hinder the functionality of any computer software, hardware, or telecommunications equipment related to the Site, including viruses or other computer code, files, or programs; (ix) Eliminating, altering, disabling, blocking, impairing, or obscuring any advertising linked to the Site; (x) Employing or endorsing the use of the Site for illegal purposes or in contravention of local, state, national, or international laws, encompassing but not limited to laws regarding intellectual property rights, data privacy, and other proprietary rights.
HayWyre maintains the right to modify, suspend, or discontinue the Site or your access to it at any time and for any reason, without prior notice or liability to you or any third party. The Site may occasionally become unavailable due to maintenance, computer equipment malfunctions, or other reasons, potentially leading to harm to your systems, software, data, or operations. For such instances, HayWyre assumes no responsibility or liability.
Hyperlinking
HayWyre provides no warranties or representations regarding any external website that you may access via this platform. While you navigate to a non-HayWyre website, please recognize that it operates independently from HayWyre. HayWyre has no authority over the content presented on that website, even if HayWyre offers information or services to the owner of said site. Furthermore, the presence of a link to a non-HayWyre website does not indicate that HayWyre approves or assumes any responsibility for the content or usage of said website. HayWyre denies all liability and accountability for such content. It is your responsibility to take appropriate precautions to guarantee that any selection you make for your use is free from harmful elements such as viruses, worms, trojan horses, and other destructive components.
Copyrights and Utilization of Site Content
The copyright for all materials, features, and functionalities present on the Site, including but not limited to text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, images, as well as any enhancements to or derivative works thereof (collectively referred to as “Content”), exclusively belongs to HayWyre or its licensors. This Content is safeguarded by U.S. and international laws. No part of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or manner, including, but not limited to, electronic, mechanical, photocopying, recording, or any other means, without the prior written authorization from HayWyre or the respective copyright owner on every occasion. You are prohibited from “mirroring” or “framing” any portion of the Content or the Site itself, whether in whole or in part, without the express written consent of HayWyre. Unauthorized utilization of the Content may result in violations of copyright laws, trademark laws, privacy and publicity laws, as well as communication regulations and statutes. All rights not explicitly granted are hereby reserved. It is your sole responsibility to ensure that any information or Content acquired from the Site is free from any viruses or computer software code or subroutine designed to disable, erase, impair, or otherwise harm your systems, software, data, or operations.
Trademarks
The trademarks, service marks, logos, and trade names (collectively referred to as “Trademarks”) that appear and are utilized on the Site, including, yet not limited to, HAYWYRE®, are registered and unregistered Trademarks owned by HayWyre. Other trademarks, service marks, logos, and trade names might be the property of other entities. It should be clearly understood that nothing on the Site should be interpreted as conferring, either implicitly, by implication, or by any other means, any license or right to utilize any Trademark or any other intellectual property belonging to HayWyre that is displayed on the Site. HayWyre upholds its intellectual property rights to the maximum extent as defined by law. The Trademark and trade name HAYWYRE®, alongside any other Trademarks, shall not be employed in any manner, including within advertising or publicity related to the distribution of Content on the Site, unless prior written consent is obtained from HayWyre. You are not allowed to reference or attribute any information to HayWyre or its licensors in any public medium for promotional or advertising motives or any other purposes, nor for the intent of influencing a third party. HayWyre also expressly prohibits the use of HAYWYRE® and any other Trademarks as part of a link to or from any site unless the establishment of such a link has been granted prior written approval by HayWyre.
User Submissions
You acknowledge and consent that HayWyre possesses full ownership and unrestricted rights to employ, publish, distribute, and exploit any and all information that you post, submit, share, or otherwise publish on the Site (“Submissions”), whether in electronic form or other mediums. By submitting any content, you voluntarily relinquish any claims, now or in the future, against HayWyre for purported or actual infringements of privacy or publicity rights, moral rights, attribution rights, or any other intellectual property rights linked to HayWyre’s utilization and publication of said Submissions. This signifies that any content posted, submitted, shared, or otherwise published by you on the Site shall be the property of HayWyre and may be employed by HayWyre for any purpose, present or future, without any compensation to you or the necessity for additional authorization. In the event that HayWyre’s ownership of such Submissions is successfully challenged, you automatically confer upon HayWyre a perpetual, royalty-free, non-exclusive, sublicensable, transferable, unrestricted, worldwide, and irrevocable right and license to employ, modify, publish, translate, create derivative works from, distribute, perform, or display such Submissions, either fully or in part, across any form, medium, or technology that is currently known or might be developed in the future, for any intent, including but not limited to advertising and promotional purposes. Additionally, you hereby release any and all claims against HayWyre for any actual or alleged infringement of privacy or publicity rights, moral rights, attribution rights, or intellectual property rights stemming from or related to the Submissions.
HayWyre does not assert that it endorses or guarantees the accuracy or reliability of any Submissions presented, uploaded, posted on message boards, or otherwise disseminated through the Site by any user, information provider, or other third party.
HayWyre explicitly disavows any liability connected to Submissions, and you acknowledge and accept that any reliance on such Submissions is solely your own choice, responsibility, and risk. You affirm that you shall refrain from posting, submitting, sharing, or otherwise publishing on the Site any materials that:
(i) Are menacing, defamatory, libelous, or indecent; (ii) Would constitute or advocate conduct that amounts to a criminal offense, leads to civil liability, or breaches any law; (iii) Infringe upon the intellectual property, privacy, or other rights of any third parties; (iv) Contain malicious computer code or other destructive elements; (v) Include promotional content; or (vi) Contain erroneous or misleading statements.
HayWyre, at its sole discretion, reserves the right to decline posting and to remove any information or Submission from the Site, either wholly or in part, for any reason.
Absence of Services, Endorsement, or Professional Counsel
It is possible that the information acquired through your use of the Site might involve delays, exclusions, or inaccuracies. The information offered on the Site is presented with the understanding that HayWyre’s provision of this information does not constitute the offering of investment, consultancy, legal, accounting, tax, career, or any other form of advice or services. The data provided on the Site should not be relied upon as the sole basis for making business, investment, or other critical decisions, nor should it be treated as a replacement for consulting with qualified professional advisors. Furthermore, HayWyre does not assert the accuracy or reliability of any advice, opinion, statement, or other information presented, uploaded, downloaded, or distributed via the Site by HayWyre, any user, information provider, or any other individual or entity.
You acknowledge and consent that any reliance on such opinions, advice, statements, memoranda, or information shall be solely at your discretion, liability, and risk. Furthermore, HayWyre does not extend any license or authorization for you to utilize the Site in any manner that suggests, either partially or fully, that HayWyre advocates or supports the causes, concepts, political campaigns, political perspectives, websites, products, or services of a third party.
Disclaimer of Warranties
The Site, encompassing all Content therein, is provided “as is” and “as available,” without any form of warranties, be they express, implied, statutory, or otherwise. To the broadest extent permissible under applicable law, HayWyre disavows all warranties, including but not limited to warranties of merchantability, fitness for a specific purpose, title, and non-infringement. More specifically, though not exclusively, HayWyre does not assert or guarantee that:
(1) The information presented on the Site is accurate, correct, or dependable; (2) The functions integrated into the Site will remain uninterrupted or devoid of errors; or (3) Defects will be rectified, or that the Site, as well as the server facilitating its accessibility, will be devoid of viruses or other detrimental components.
You hereby acknowledge that utilizing the Site is solely at your individual risk. If you are a resident of California, you voluntarily waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor does not know or suspect to exist in their favor at the time of executing the release, and that if known by them, would have materially influenced their settlement with the debtor.”
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HAYWYRE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ADVERTISED OR INCLUDED ON THE SITE, OR OTHERWISE OBTAINED FROM OR ARISING OUT OF YOUR USE OF THE SITE. THIS INCLUDES DAMAGES RELATED TO VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE. SUCH LIABILITY MAY ARISE FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER CAUSES OF ACTION, EVEN IF HAYWYRE HAS BEEN ADVISED OF THE POTENTIAL OF SUCH DAMAGES.
THIS WAIVER ENCOMPASSES, WITHOUT LIMITATION, DAMAGES OR INJURIES ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
IN NO EVENT SHALL HAYWYRE’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’, AND ASSIGNS’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED $1. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE AFOREMENTIONED EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
By agreeing to these Terms and Conditions, you hereby undertake to indemnify, safeguard, and exonerate HayWyre and its complete roster of predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys, alongside their corresponding heirs, successors, and assigns (collectively termed the “Indemnified Parties”). This indemnification encompasses any and all liability and expenses, which includes, but is not confined to, reasonable attorneys’ fees, borne by any or all of the Indemnified Parties due to claims arising out of or in connection with:
(i) Your access to or utilization of the Site; or (ii) Any breach committed by you of these Terms and Conditions, or the assurances, warranties, and commitments you have made by consenting to these Terms and Conditions.
You are bound to cooperate to the fullest extent reasonably necessary in the defense of any such claim. HayWyre retains the prerogative, at its own cost, to take over the exclusive defense and management of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
These Terms and Conditions are regulated and construed in accordance with the statutes of the State of Nevada, United States of America, without regard to any conflicts of law principles. You explicitly consent to the exclusive jurisdiction of the courts situated within the State of Nevada. Furthermore, you willingly concur and grant express authorization for the exercise of personal jurisdiction in the State of Nevada concerning any dispute or claim involving HayWyre. Should any section of these Terms and Conditions be deemed unlawful, void, or unenforceable, said section shall be considered separable and shall not impair the validity and enforceability of the remaining provisions.
Infringement Notifications and Content Removal
HayWyre strictly prohibits the dissemination of any information that infringes upon or violates the rights of copyright and/or other intellectual property rights (including privacy and publicity rights) of any individual or entity. Should you believe that any material present on the Site constitutes an infringement of your copyright or other intellectual property rights, you are urged to inform HayWyre of your copyright infringement claim using the procedure outlined below. HayWyre is committed to addressing notifications of alleged infringement it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (“DMCA”).
The DMCA mandates that notifications of asserted copyright infringement should be directed to the Site’s designated agent:
HayWyre Enterprises, LTD
Attn:
A. Arnold
Telephone:
Email:
For the notification to be effective, it must be presented in writing and encompass the following information (DMCA, 17 U.S.C. §512(c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the proprietor of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed upon. If multiple copyrighted works at a single online location are encompassed by a single notification, a representative listing of such works at that location should be provided;
- Identification of the material deemed infringing or the subject of infringing activity, along with adequate information to facilitate the service provider in locating the material;
- Information sufficiently enabling the service provider to reach the complaining party, including an address, phone number, and, if available, an email address;
- A statement indicating that the complaining party holds a genuine belief, in good faith, that the material’s usage in the manner disputed is unauthorized by the copyright owner, its agent, or by law;
- A statement attesting to the accuracy of the information in the notification and, under penalty of perjury, confirming that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed upon.
Entire Agreement
These Terms and Conditions establish the comprehensive agreement between you and HayWyre concerning the subject matter covered by these Terms and Conditions. They take precedence over and supplant all prior or concurrent agreements, whether written or verbal, related to that specific subject matter. Any waiver of any provision within these Terms and Conditions shall hold validity solely if it is documented in writing and bears the signature of HayWyre. The absence of enforcement of any provision within these Terms and Conditions shall not signify a waiver of a forthcoming breach of that or any other provision within these Terms and Conditions.
