Terms of Use

Terms and Conditions of Use and/or Service (TOC – TOS)

Important Information

You should carefully read the following Terms and Conditions. Your use or purchase (where applicable) of our service or products implies that you have read and accepted these Terms and Conditions.

This web site provides an online computer database in the field of relaying user experience of products, services, people, places, things, events, ideas, etc…, business and consumer complaint remediation, and product and service information for the purpose of user information and education.

The following terms and conditions govern all use of the HyperGripe.com (owned by 3RingStudios Inc.) website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the HyperGripe.com Privacy Policy). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HyperGripe.com, acceptance is expressly limited to these terms. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. By sending e-mail messages or posting a message or registering with our site, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“TOS”).

Responsibility of Contributors.
If you operate an account on this website, comment on this website, post material to this website, post links on this website, or otherwise make (or allow any third party to make) material available by means of this website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

• the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;

• your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your user name or account name is not the name of a person other than yourself or company other than your own; and

• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HyperGripe.com or otherwise.

Copyright Infringement and DMCA Policy
As HyperGripe.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HyperGripe.com violates your copyright, you are encouraged to notify HyperGripe.com. HyperGripe.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of HyperGripe.com or others, HyperGripe.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, HyperGripe.com will have no obligation to provide a refund of any amounts previously paid to HyperGripe.com, where applicable.

Intellectual Property
This Agreement does not transfer from HyperGripe.com to you any HyperGripe.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with HyperGripe.com. HyperGripe.com, www.HyperGripe.com.com, the HyperGripe.com logo, and all other trademarks, service marks, graphics and logos used in connection with HyperGripe.com, or the Website are trademarks or registered trademarks of HyperGripe.com or HyperGripe.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HyperGripe.com or third-party trademarks.

Changes
HyperGripe.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. HyperGripe.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination
HyperGripe.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your HyperGripe.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.
The materials on HyperGripe.com’s web site are provided ‘as is’. HyperGripe.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, HyperGripe.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.
In no event will HyperGripe.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HyperGripe.com under this agreement during the twelve (12) month period prior to the cause of action. HyperGripe.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the HyperGripe.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.
You agree to indemnify and hold harmless HyperGripe.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

Site Terms of Use Modifications
HyperGripe.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Site Usage
HyperGripe.com is a free site for all visitors, including consumers and businesses. HyperGripe.com does not censor posted consumer messages, or business replies, or investigate them for accuracy.

Posted messages may be indexed by Internet search engines.

You may or may not receive e-mail messages from others (other consumers, businesses, etc.) due to posting your message on HyperGripe.com.

As a user of HyperGripe.com, you acknowledge that HyperGripe.com (division of 3RingStudios Inc.) does not prescreen or edit posted messages. You alone are responsible for the content of your messages, and the consequences of any such messages.

When messages have been posted to HyperGripe.com they are made available for public view, and made available for indexing and reproduction by third-party search engines and directories. HyperGripe.com has no control over the content taken from HyperGripe.com by third-party sites.

A message author can delete or edit their posted message at any time, using the account tools provided on the site.

HyperGripe.com is not responsible for the validity of the consumer message or complaints posted to the HyperGripe.com site.

HyperGripe.com in not responsible, in any way, for providing, or helping to provide, businesses’ responses to the consumer complaints that are posted on the HyperGripe.com site, and /or forwarded to businesses. A complaint is only forwarded, via e-mail, to the e-mail address provided by the message author on the posting form, and when the checkbox “Notify business of complaint posting” is checked.

HyperGripe.com does not knowingly allow incorrect or factually incorrect information to remain posted, as determined only by a U.S. court decision or opinion. If HyperGripe.com is instructed to remove and delete a posted message by a U.S. court, then the message will be removed and deleted.

Many complaints posted to HyperGripe.com are an historical ‘snapshot’ of an ongoing situation, as seen through the eyes and perception of an individual consumer, often with incomplete or inaccurate information at their disposal.

HyperGripe.com always assumes that the consumer has a positive intent in writing their message, in helping themselves, in helping other consumers, in helping the subject business provide a better product or service.

Posted message consumer complaints and corresponding posted business replies both represent ‘snapshots in time’ of descriptions of a consumer experience, from the point of view of both consumers and businesses.

Due to the passage of time, or other factors, posted messages may be inaccurate or incomplete or the current status of the consumer situation may be different than the situation (s) described in the posted message.

Posted messages don’t ‘expire.’ Posted messages are historical, dated messages (via URL) that may be updated, edited or removed by the message author.

A complaint message is assumed by HyperGripe.com to be a description of a situation experienced by a consumer. A complaint is only a personal opinion by a consumer; a perception of a consumer. That personal perception and / or opinion based on their own personal experience, can be powerful, or meaningless, in the opinion of HyperGripe.com, depending upon the context and content of what is written. And how that information is interpreted by whomever reads it. Which of course varies from person to person, depending on who they are, their own personal experiences, biases, opinions., Etc.

No conclusions are drawn by HyperGripe.com, as to content validity. HyperGripe.com does not edit or censor posted messages or investigate them for accuracy. HyperGripe.com is a free Internet message board for the entire world to use.

Posted messages should describe a personal, firsthand experience. If a person experienced something personally, that person owns that information about their perception of, and opinion about, that personal experience, and is free to discuss their opinion about that experience, as a human, citizen, and legal entity, unless previously, already contractually bound otherwise.

It is the responsibility of a message author to make sure they are not contractually bound otherwise. It is the responsibility of this message author to determine on their own if they are not allowed to discuss the subject of their complaint, if this is the case, prior to posting a message to HyperGripe.com.

If this HyperGripe.com site user is contractually bound not to discuss a subject, that message author takes it upon their own risk if they post a message to HyperGripe.com about that subject, because that message will be posted on HyperGripe.com for public view.

HyperGripe.com is only one free resource, among hundreds, even thousands, available to consumers and businesses, on the Internet, in print, etc. HyperGripe.com is intended to help consumers make better purchase decisions, and help businesses serve consumers with better products and services. These are our guiding principles. However, HyperGripe.com makes no promises.

Actual results from using HyperGripe.com may be constructive or helpful. Or, actual results from using HyperGripe.com may be destructive and harmful.

Visitors to HyperGripe.com are free to form their own conclusions about any posted messages or content or information on our site, which is intended to be a place – and is indeed an Internet message board – for consumers and businesses to exchange information about products and services, hopefully in a constructive and meaningful way.

Each consumer message (consumer complaint) receives its own, dedicated Web page at HyperGripe.com. A business reply is posted on the same Web page as the related consumer message.

Consumer messages and business replies and comments related to those messages are grouped together on the same single Web page.

Content (consumer complaints / consumer messages / business replies) posted to HyperGripe.com are only one single resource for consumers, for consumer to help draw their own conclusions, or not, about products and services.

HyperGripe.com has no intention or agenda but to remain impartial and independent, and simply provide a free, public Internet message board platform to foster and support communications between consumers and businesses.

HyperGripe.com seeks to promote healthy, constructive communication between consumers and businesses. We do our best to try to achieve this goal. We make no guarantees. If anyone has any ideas about how HyperGripe.com might do this better, we would appreciate hearing from you at our e-mail address admin@hypergripe.com.

The messages posted to HyperGripe.com are only the opinions of consumers and businesses and other site users. The complaints do not represent the opinions of HyperGripe.com.

HyperGripe.com will notify users (by sending an e-mail) of account status changes. This includes account modification and account deletion.

HyperGripe.com is only a platform for users to post kudos or complaints; HyperGripe.com does not lookup or provide e-mail addresses for any subject businesses mentioned on this website.

HyperGripe.com is not responsible for helping consumers resolve their complaints. HyperGripe.com is only a tool that consumers can use to try to help themselves, or to promote themselves, their business or any other subject.

HyperGripe.com may or may not help users resolve complaints posted to the HyperGripe.com site and/or forwarded to the subject businesses.

HyperGripe.com in not responsible, in any way, for providing or helping to provide businesses’ responses to the consumer complaints or kudos posted the HyperGripe.com site.

When a message is posted to HyperGripe.com, the Web page and message is indexed by search engines, which are not related to HyperGripe.com. When a page is indexed, it is added to search engine’s index and can be located via a search query using that particular search engine.

When an entire post is deleted from HyperGripe.com (either at the instruction of a federal, provincial or state court or the author of that message, the original message writer) any search index that previously indexed that complaint still maintains that post in its search engine document and link cache, despite that post already having been deleted from HyperGripe.com.

HyperGripe.com will not attempt to remove or update outdated links to deleted messages or references by third-party search engines, directories or Web sites to content on HyperGripe.com.

By submitting a complaint, you grant the owner of this site, 3RingStudios Inc., the irrevocable, transferable, worldwide right to use, reproduce, and display any such information for any purpose commercial or otherwise without compensation to any party.