Privacy Policy - Terms of use
Privacy Policy
This Privacy Policy (“Policy”) is here to help you understand how we collect, use, disclose, and process your Personal Data (as defined below) through our Services. We also describe your choices and rights with respect to how we process that Personal Data. Please read this Policy carefully.
WHO WE ARE
This is the Policy of Siuslaw Broadband LLC dba Hyak, located at 1535 9th St, Florence, OR 97439 (“Hyak”, “us”, “our”, or “we”). We may be reached at (541) 902-5101 or via email at help@hyak.co.
SCOPE & ACKNOWLEDGEMENT
This Privacy Policy applies to our “Services,” which include:
- Our website located at hyak.co and any other website, application, or services where we post or link to this Policy (the “Site(s)”); and
- Our internet and VOIP phone services (“Telecom Services”); and
- Our support and other similar services that we provide to you.
This Policy does not apply to information processed by third parties, for example, when you visit a third-party website or interact with third-party sites, except to the extent those parties collect or process information on our behalf. Please review any relevant third party’s privacy policy for information regarding their privacy practices.
Your use of our Services indicates your acknowledgment of the practices described in this Policy.
COLLECTION AND USE OF PERSONAL DATA
Personal Data We Collect
In order to provide our Services, we may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements are examples and may change):
- Identity Data: Personal Data about you and your identity, such as your name or IP address.
- Contact Data: Identity Data used to contact an individual, e.g., email address, physical address, or phone number.
- Device/Network Data: Personal Data relating to your device, browser, or application, e.g., device identifiers, identifiers from cookies, session history and Services navigation metadata, and other data generated through applications and browsers, including via cookies and similar technologies.
- General Location Data: Non-precise location data, e.g., location information derived from IP addresses.
- Government ID Data: Data relating to official government identification, such as driver’s license or passport numbers, including similar Identity Data. This information may be considered “sensitive data” under applicable law.
- Inference Data: Personal Data we create or use as part of a profile reflecting your preferences, characteristics, aptitudes, market segments, likes, favorites, or your interests.
- Payment Data: Data such as bank account details, payment card information, including similar data used to facilitate payments. This data may be considered “sensitive data” under applicable law, and relevant information in connection with a financial transaction.
- User Content: Personal Data included in content provided by users of the Services in any free-form or unstructured format, such as in a “contact us” box, free text field, in a file or document, or messages to us.
How We Collect Personal Data
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
Data we collect from you: We collect Personal Data from you directly, for example, when you input information into an online form, or contact us directly.
- Data collected automatically: We may collect certain Personal Data automatically. For example, we collect Device/Network Data automatically using cookies and similar technologies when you use our Services, access our Services, or when you open our marketing communications.
- Data we receive from service providers: We receive Personal Data from service providers performing services on our behalf.
- Data we create and infer: We, certain partners, social media companies, and third parties operating on our behalf create and infer Personal Data such as Inference Data based on our observations or analysis of other Personal Data processed under this Privacy Policy, and we may correlate this data with other data we process about you.
DATA PROCESSING CONTEXTS / NOTICE AT COLLECTION
Site Use
General
We process Device/Network Data, Contact Data, Identity Data, General Location Data, and Inference Data. We use this Personal Data as necessary to operate our Site, such as keeping you logged in, delivering pages, etc., for our Business Purposes, and our other legitimate interests, such as:
- ensuring the security of our Services and other technology systems; and
- analyzing the use of our Services, including navigation patterns, clicks, etc., to help understand and make improvements to the Services.
Cookies and Similar Tracking Technologies
We process Identity Data, Device/Network Data, Contact Data, Inference Data, and General Location Data, in connection with our use of cookies and similar technologies on our Site. We may collect this data automatically.
We and authorized third parties may use cookies and similar technologies for the following purposes:
- for “essential” purposes necessary for our Site to operate (such as maintaining user sessions, CDNs, and the like);
- for “functional” purposes, such as to enable certain features of our Site (for example, to allow a member to maintain an online shopping cart);
- for “analytics” purposes and to improve our Site, such as to analyze the traffic to and on our Site (for example, we can count how many people have looked at a specific page, or see how visitors move around the website when they use it, to distinguish unique visits/visitors to our Site, and what website they visited prior to visiting our website, and use this information to understand user behaviors and improve the design and functionality of the website);
We may also process this Personal Data for our Business Purposes. See your Rights & Choices for information regarding opt-out rights for cookies and similar technologies.
We may allow third parties to view, edit, or set their own cookies or place web beacons on our Websites. We, or third-party providers, may be able to use these technologies to identify you across platforms, devices, sites, and services. These third parties may have their own privacy policies and their processing is not subject to this Policy.
Telecom Services
When you use our Telecom Services, we process Identity Data, Contact Data, Device/Network Data (e.g., IP Address, numbers dialed, sites visited, etc.), General Location Data, and certain User Content, if you provide it. We may process Payment Data when you complete payments for our Telecom Services. Similarly, when you sign up for Telecom Services, we may collect additional Personal Data, including Government ID Data, as necessary to confirm service availability, your eligibility to participate in certain government or similar programs, or as otherwise necessary to open and manage your account.
We process this Personal Data as necessary to provide the Telecom Services and for our Business Purposes. To the extent such information qualifies as Consumer Proprietary Network Information (CPNI), we use this information only as necessary to provide the Telecom Services, to manage our networks and services, for traffic analysis and management, for billing, and as otherwise required or permitted by applicable telecommunications laws, FCC requirements, and other applicable laws.
User Accounts
We process Identity Data and Contact Data when you create an account with us on or through our Services. We also process Payment Data if you complete online bill payments. If you request to associate Payment Data with your account, we may store your payment method.
We use this Personal Information to create and maintain your account, to provide the products and services you request, and for our Business Purposes. We may process Identity Data, Preference Data, and Contact Data for our Marketing Communications. We do not use data associated with your account (e.g., billing information) that qualifies as CPNI for any purposes other than those specific purposes for which we may process CPNI, as described further in the Telecom Services section above.
Marketing Communications
We process Device/Network Data, Contact Data, Identity Data, and Inference Data in connection with marketing emails, our newsletter, or similar email or SMS communications, and when you open or interact with those communications. You may receive marketing communications if you consent and, in some jurisdictions, as a result of account registration or a purchase.
We process this Personal Data to contact you about relevant products or services and for our Business Purposes. We may use this data for our Advertising. See your Rights & Choices to limit or opt out of this processing.
Contact Us; Support
We process Identity Data, Contact Data, and User Content when you contact us, e.g., through a contact us form or chat tool for support, or when you report a problem with our Services. If you call us via phone, we may collect Audio/Visual data from the call recording.
We process this Personal Data to respond to your request, and communicate with you, as appropriate, and for our Business Purposes. If you consent or if permitted by law, we may use Identity Data and Contact Data to send you marketing communications.
Feedback and Surveys
We process Identity Data, Contact Data, Inference Data, and User Content collected in connection with feedback surveys or questionnaires.
We process this Personal Data as necessary to respond to your requests/concerns, for our Business Purposes, and other legitimate interests, such as analyzing user satisfaction, and to allow our third-party partners to communicate with users. We may share Feedback/Survey data relating to third party partners with those partners, who may use it for their own purposes.
PURPOSES OF PROCESSING
Business Purposes
In addition to the processing described above, we generally process Personal Data for several common purposes in connection with our business. For example, we process your Personal Data for the following “Business Purposes”:
- Operate our Services and Fulfill Obligations: We process any Personal Data as is necessary to provide the Services, and as otherwise necessary to fulfill our obligations to you, e.g., to provide you with the information, features, and Services you request.
- Network/Traffic Management: We process Personal Data in the context of our Telecom Services as necessary to route calls, deliver sites, manage and meter traffic, ensure network stability, reliability, and availability, and similar purposes.
- Security and Incident Detection: We may process Personal Data legitimate interests in/business purposes related to improving the security of our Sites, identifying and preventing crime or fraud, and detecting potential personal data breaches or incidents. We may analyze network traffic, device patterns and characteristics, maintain and analyze logs and process similar Personal Data in connection with our information security and anti-fraud activities.
- Internal Processes and Service Improvement: We may use any Personal Data we process through our Services as necessary in connection with our improvement of the design of our Services, understanding how the Services are used or function, for customer service purposes, in connection with the creation and analysis of logs and metadata relating to use of our Services, and for ensuring the security and stability of the Services. Additionally, we may use Personal Data to understand what parts of our Services are most relevant to users, how users interact with various aspects of our Services, how our Services perform or fail to perform, etc.
- Aggregate Analytics: We process Personal Data as necessary in connection with our creation of aggregate analytics relating to how members, and users use our Services, such as the products and services used, service delivery metrics, member trends, and to create other reports regarding the use of our Services and other similar information and metrics. The resulting aggregate data will not contain information from which any user or member may be readily identified.
- Personalization: We process certain Personal Data in connection with our legitimate business interest in personalizing our Services. For example, aspects of the Services may be customized to you based on your interactions with our Services and other content. This processing may involve the creation and use of Inference Data relating to your preferences.
- Transactional Communications: We process certain Personal Data as appropriate in connection with our legitimate interests in/business purposes related to communicating with users about our Services. For example, we may reach out to you via email or (subject to consent where required by law) SMS regarding your account, service alerts, billing notices, and similar matters. Similarly, we may use your Personal Data to send important notices, such as communications about purchases and changes to our terms, conditions, and policies, or other information that relating to the products you have purchased or your use of our Service.
- Compliance Safety, and Public Interest: We may also process any Personal Data as necessary to comply with our legal obligations, such as where you exercise your rights under data protection law and make requests, to ensure content or advertising is directed to users eligible to participate in advertised Websites or view such content/advertisements, for the establishment and defense of legal claims, or where we must comply with our legal obligations, lawful requests from government or law enforcement officials, and as may be required to meet national security or law enforcement requirements or prevent illegal activity. We may also process data to protect the vital interests of individuals, or on certain public interest grounds, each to the extent allowed under applicable law.
- Other Processing of Personal Data: If we process Personal Data in connection with our Services in a way not described in this Policy, this Policy will still apply generally (e.g., with respect to your rights and choices) unless otherwise stated when you provide it.
DATA SHARING
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with specific business purposes, described below.
- Service Providers: In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other lawful business interests, we may share Personal Data with service providers or subprocessors who provide certain services to us, or process data on our behalf. For example, we may use third party hosting providers to host our sites or content, and we may disclose information as part of our own internal operations, such as security operations, internal research, etc.
- Other Carriers: We may share your Personal Data with other carriers and their services providers or agents, e.g., as necessary for billing, service provision, anti-fraud, network security, or similar purposes, or to verify customer moves or location.
- Government Agencies: We may disclose information to certain state or federal governmental agencies when you apply to participate in certain government programs.
- Corporate Events: Your Personal Data may be disclosed to a third party in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
- Affiliates: In order to streamline certain business operations and develop products and Services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
- Directory Assistance Providers: Federal law may require us to share customer names, addresses, and telephone numbers with directory assistance providers.
- Emergency Service Providers: Federal law may require us to share (e.g., Identity Data and Contact Data, such as names, addresses, and phone numbers) with 911/reverse 911 services and other emergency services providers.
- Legal Disclosures: In limited circumstances, we may, without notice or your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms of Use, in the vital interests of us or any person (such as where we reasonably believe the use or disclosure is necessary to lessen or prevent a serious threat to the life, health, or safety of any individual or to public health or safety) or in such other circumstances as may be required or permitted by law. These disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.
YOUR RIGHTS & CHOICES
Your Rights
Generally, residents of Oregon and other states may have rights in their Personal Data under applicable laws. You may send us an email via our contact link to request access to, correct, or delete any Personal Data that you have provided to us. Requests to delete certain data may require you to delete accounts or terminate your membership. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
You may have the following rights, subject to regional requirements, exceptions, and limitations:
- Confirm: Right to confirm whether we process your Personal Data.
- Access: Right to access the Personal Data we have collected about you.
- Portability: Right to request that we provide certain Personal Data in a common, portable format.
- Deletion: Right to delete certain Personal Data that we hold about you.
- Correction: Right to correct certain Personal Data that we hold about you.
- Opt-Out (Sales, Targeted Advertising, Profiling): Right to opt-out:
- If we engage in sales of data (as defined by applicable law), you may direct us to stop selling Personal Data.
- If we engage in Targeted Advertising.
- If we engage in certain forms of “profiling” (e.g., profiling that has legal or similarly significant effects).
- Opt-out or Limit Use and Disclosure of Sensitive Personal Data: Right to opt-out of the processing of certain Sensitive Data, or request that we limit certain uses of Sensitive Personal Data. This right does not apply in cases where we only use Sensitive Personal Data where necessary, or for certain business purposes authorized by applicable law.
Submission of Requests; Appeals
You may exercise your right to opt-out as set forth in the “Your Choices” section below. You or your agent may also submit requests to access, confirm, export, delete, correct, or limit the use of Personal Data by contacting us at help@hyak.co. We will verify whether and to what extent you have rights under applicable law, as well as your identity. If you have any questions or wish to appeal any refusal to take action in response to a rights request, contact us at help@hyak.co. We will respond to any request to appeal within the time period required by law.
Verification of Rights Requests
If you submit a request, we typically must verify your identity to ensure that you have the right to make that request, reduce fraud, and to ensure the security of Personal Data. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
We may require that you match personal information we have on file in order to adequately verify your identity. If you have an account, we may require that you log into the account to submit the request as part of the verification process. We may not grant access to certain Personal Data to you if prohibited by law or if we cannot appropriately verify.
Marketing Communications
You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email (for email), by responding with “OPT-OUT,” STOP, or other supported unsubscribe message (for SMS), or for other communications, by contacting us using the information below. To opt-out of the collection of information relating to email opens, configure your email so that it does not load images in our emails.
Withdrawing Your Consent/Opt-Out
You may withdraw any consent you have provided at any time. The consequence of you withdrawing consent might be that we cannot perform certain services for you, such as location-based services, personalizing or making relevant certain types of advertising, or other services conditioned on your consent or choice not to opt-out.
Cookies, Similar Technologies, and Targeted Advertising
If you do not want information collected through the use of cookies and similar technologies, you can manage/deny cookies and certain similar technologies using your browser’s settings menu. You must opt-out of the use of some third-party Services directly via the third party. For example, to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
SECURITY
We implement and maintain reasonable security measures to safeguard the Personal Data you provide us. However, we sometimes share Personal Data with third parties as noted above, and though we may take certain measures to help ensure the security of your Personal Data, we do not control third parties’ security processes. We do not warrant perfect security, and we do not provide any guarantee that your Personal Data or any other information you provide us will remain secure.
DATA RETENTION
We retain Personal Data for so long as it is reasonably necessary to achieve the relevant processing purposes described in this Policy, or for so long as is required by law. What is necessary may vary depending on the context and purpose of processing. We generally consider the following factors when we determine how long to retain data (without limitation):
- Retention periods established under applicable law;
- Industry best practices;
- Whether the purpose of processing is reasonably likely to justify further processing;
- Risks to individual privacy in continued processing;
- IT systems design considerations/limitations; and
- The costs associated with continued processing, retention, and deletion.
We will review retention periods periodically and may pseudonymize or anonymize data held for longer periods.
MINORS
Our Services is neither directed at nor intended for use by minors under the age of majority in the relevant jurisdiction. Further, we do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it.
INTERNATIONAL TRANSFERS
We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be processed in the U.S. The U.S. may not provide the same legal protections guaranteed to Personal Data in foreign countries. Contact us for more information regarding transfers of data to the U.S.
CHANGES TO OUR POLICY
We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Services following notice of any changes indicates acceptance of any changes.
CONTACT US
Feel free to contact us with questions or concerns at help@hyak.co or (541) 902-5101.
Terms of Use
Overview
This Service is owned or operated by Siuslaw Broadband LLC dba Hyak, an Oregon limited liability company, or its affiliates, or subsidiaries (collectively, “Company”, “us”, “our”, or “we”). Our principal office is located at 1535 9th St, Florence, OR 97439. We may be reached at (541) 902-5101 or via email at help@hyak.co.
Initial Acknowledgements and Disclaimers:
These Terms of Use ("Terms") set forth the terms and conditions under which you are authorized to access and use our “Services,” which include www.hyak.co, and other websites where we link to or post these Terms, including any subdomains or mobile versions (the “Site” or “Sites”) and our online billing and account management portal. Through your use of our Services, you agree to these Terms.
YOU ACKNOWLEDGE THAT THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN A COURT, JURY TRIAL, OR CLASS ACTION, TO RESOLVE DISPUTES, AND LIMIT CERTAIN REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, ALL AS SET FORTH IN SECTIONS BELOW ENTITLED GOVERNING LAW; COURTS, CLASS WAIVER, AND ARBITRATION. YOU MAY OPT-OUT AND WILL NOT BE BOUND BY THE CLASS WAIVER AND ARBITRATION PROVISIONS BELOW BY SENDING WRITTEN NOTICE TO US AT THE PHYSICAL ADDRESS BELOW WITHIN THIRTY (30) DAYS OF YOUR FIRST USE OF THE SERVICES OR APPLICATION. IF YOU OPT-OUT OF ARBITRATION, WE ALSO WILL NOT BE BOUND BY THE ARBITRATION SECTION.
2. ADDITIONAL AGREEMENTS
We collect personal data as set forth in our Privacy Policy. Our Subscriber Agreement or other service agreements may also apply to your use of Company’s services (“Service Agreement”). In the event of a conflict between these Terms and our Privacy Policy or any applicable Service Agreement, the Privacy Policy or Service Agreement shall control to the extent of such conflict. Capitalized terms not defined in these Terms will have the definition set forth in our Privacy Policy.
3. YOUR ACCESS TO THE SERVICES
As a condition of your right to access and use our Services, you represent that you are at least 18 years of age and that you are not a person barred from accessing the Services under the laws of the United States or any other country. We reserve the right to terminate your access in the event you violate these Terms or any Service Agreement. YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICES ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.
4. THIRD-PARTY SERVICES AND CONTENT
We may use third-party service providers in order to provide the Services to you. Third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than the Company will be at your own risk. Your use of any third-party-operated websites/services may be subject to additional terms of use and privacy policies.
5. CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Services, you agree that the Company may communicate with you electronically regarding your use of the Services and related matters, and that any notices, agreements, disclosures, or other communications that the Company sends to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent to your receipt of electronic notice, please notify the Company at: help@hyak.co.
6. MODIFICATIONS AND INTERRUPTION TO THE SERVICES
WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ALL OR ANY PORTION OF OUR SERVICES WITH OR WITHOUT NOTICE TO YOU. WE WILL NOT BE LIABLE IF WE CHOOSE TO EXERCISE THIS RIGHT. YOU ACKNOWLEDGE AND ACCEPT THAT WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR SERVICES, OR THAT OUR SERVICES WILL BE ERROR-FREE. YOU UNDERSTAND THAT USAGE OF OUR SERVICES MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.
7. RESTRICTED ACTIVITIES
You may not engage in any of the following with regard to the Services (including without limitation posting or transmitting content through the Services):
1. violate or encourage the violation of any local, state, national, or international law or regulation;
2. collect or store personal data about other users of our Services or solicit personal information from any individual without proper rights or consent of the individual;
3. send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by the Company in its sole discretion;
4. infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
5. promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
6. disrupt or interfere with the security or use of the Services or any websites or content linked to them;
7. interfere with or damage the integrity of the Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Services;
8. use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs or Trojan horses;
9. attempt to use the identity of another user, person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Company, or create or use a false identity or alias;
10. attempt to obtain unauthorized access to the Services or portions thereof that are restricted from general access;
11. use any meta tags or any other “hidden text” utilizing the Company’s name, trademarks, or product names;
12. attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Services;
13. engage in any activity that interferes with any third party’s ability to use or
enjoy the Services; or
14. assist any third party in engaging in any activity prohibited by these Terms.
Further, without our written consent, you may not:
1. reproduce, duplicate, copy, sell, resell, create derivative works, or exploit for any commercial or competitive purpose any of the Company’s content or any use of or access to the Services;
2. use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Services or monitor or copy our web pages or the content contained thereon;
3. deep link to the Services for any purpose; or frame the Services, place pop-up windows over any content, or otherwise affect the display of the Services;
4. access the Services in order to build a competitive service or to benchmark with a non-Company service; or
5. reverse engineer any code or software used in relation to the Services (to the extent such restriction is permitted by law).
8. ADDITIONAL DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS, OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS", “WHERE IS” AND "AS AVAILABLE" BASIS, EXCEPT AS OTHERWISE AGREED IN WRITING BETWEEN YOU AND THE COMPANY. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SERVICES OR ANY CONTENT, PRODUCT, CONTRACT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
9. INDEMNIFICATION
You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of our Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you, or another user of our Services using your computer, device, or account.
10. SERVICES RESTRICTIONS, ALTERATIONS, AND TERMINATIONS
The Company shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Services. The Company reserves the right, but shall not be required, to correct any delays, interruptions, errors, or omissions. The Company may discontinue or alter any aspect of these Services, including, but not limited to: (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Services for certain users, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user's right to use the Services, at the Company's sole discretion and without prior notice or liability.
11. USERNAMES, PASSWORDS, AND SECURITY
Your username and password will be your identity for purposes of interacting with the Company and other users through the Services. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your username and password for the Services. You shall immediately notify the Company if you learn of or suspect: (i) any loss or theft of your username or password, or (ii) any unauthorized use of your username or password or of the Services. In the event of such loss, theft, or unauthorized use, the Company may impose on you, at the Company's sole discretion, additional security obligations. If any unauthorized person obtains access to the Services as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief the Company. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
12. COPYRIGHT AND TRADEMARK INFORMATION
All content, data, copyrightable material, and other intellectual property rights in the content available on our Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof (collectively “Content”), are owned by the Company with all rights reserved, or in some cases may be licensed to the Company by a third party. This Content is protected by the intellectual property rights of the Company or those owners. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Services are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
13. PERMITTED USE OF THE CONTENT
Any use of Content on the Services, including without limitation reproduction for purposes other than those noted herein, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company or under a separate agreement with the Company, is strictly prohibited. With the exception of search engines, you agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the Content contained therein without prior written permission of the Company. You may not make any use of Content owned by any third parties which is available on the Services, without the express consent of those third parties.
If you believe that any Content on our Services violates these Terms or is otherwise inappropriate, please report the Content by contacting us at help@hyak.co.
14. USER-SUBMITTED CONTENT
Any content uploaded, posted, submitted, or otherwise made available by individual users of the Services, including without limitation all files, documents, and any other Content which does not originate with the Company ("User Content"), is the sole responsibility of the person who made such User Content available on the Services. Under no circumstances will the Company be liable in any way for any User Content made available through the Services by you or any third party.
15. CONTENT COMPLAINTS
If you believe that any Content on our Site (including without limitation copyright, trademark, or other proprietary material) violates these Terms or is otherwise inappropriate, please report the Content by contacting us at help@hyak.co.
16. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
If you find Content posted on our Services which you believe to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact the Company’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information pursuant to the Digital Millennium Copyright Act (“DMCA”):
1. Your name, address, telephone number, and email address and, if you are acting on behalf of the owner of the intellectual property, the name of the owner;
2. a statement made under penalty of perjury that you are the owner of the copyright or are authorized to act on behalf of the owner;
3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
5. a description of the infringing material and the URL where such material is located on the Services, or a description of where on our Services you found such material;
6. your written statement that you believe, in good faith, that the use of the work on our
Services has not been authorized by the true owner of the work, its agent, or as a matter of law; and
7. a statement that all the information you provided is true.
Please send your notice of alleged infringement containing to the foregoing to us:
Siuslaw Broadband LLC dba Hyak
1535 9th St
Florence, OR 97439
Attn: DMCA
Email: help@hyak.co, subject line: “DMCA Notice”
In accordance with the DMCA, it is the Company’s policy to terminate the use of our Services by repeat infringers in appropriate circumstances.
17. FEEDBACK
We welcome your comments and feedback about our Services. All information and materials submitted to the Company through the Services or otherwise, such as any comments, feedback, ideas, questions, designs, data, User Content, or the like regarding or relating to the Services or the business of the Company (collectively, "Feedback"), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but the Company reserves the right to treat any such Feedback as the confidential information of the Company.
By submitting Feedback to the Company, you assign to the Company Parties, free of charge, all worldwide rights, title, and interest in all inventions, patents, copyrights, and other intellectual property rights in such Feedback. The Company Parties will be entitled to use any Feedback you submit, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing, modifying, manufacturing, and marketing products and services using such Feedback without restriction and without compensating you in any way. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, its truthfulness and accuracy.
18. GOVERNING LAWS; COURTS
The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Oregon. If arbitration does not apply as set forth below and any court proceeding is permitted or required, each party agrees that it will only bring any action or proceeding arising from or relating to these Terms exclusively in state or federal courts located in Oregon, and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by the Company.
19. CLASS WAIVER
By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually.
20. ARBITRATION
Any dispute arising out of or in any way relating to these Terms shall be resolved according to the laws of the State of Oregon and the United States, and exclusively by binding arbitration before a single arbitrator with the Judicial Arbitration and Mediation Service (“JAMS”) and pursuant to the then existing arbitration rules at JAMS. The place of the arbitration will be in Oregon, unless otherwise agreed upon by the parties. The arbitration will be conducted in English. The arbitrator shall provide detailed written findings of fact and conclusions of law in support of any award. Judgment upon any such award may be enforced in any court of competent jurisdiction. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth herein is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the portions of this section mandating arbitration shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. Notwithstanding the foregoing, the Company shall be entitled to seek injunctive relief to stop unauthorized use of any confidential information or infringement of the Company’s intellectual property rights. Disputes, claims, or controversies concerning the Company’s intellectual property rights or claims of piracy or unauthorized use of the Services shall not be subject to arbitration.
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services must be filed within one calendar year after such claim or cause of action arises, or forever be barred. If a claim proceeds in court, we each waive any right to a jury trial.
21. COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Services in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
22. CHANGES TO THESE TERMS
We reserve the right, at any time, to modify, alter, or update these Terms without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Services, without further notice to you. Your continued use of any of our Services after such modifications are posted constitutes your acknowledgment and acceptance of such modifications, and you may not amend these Terms.
23. OTHER TERMS
- Assignment: These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms are not assignable or transferable by you without the prior written consent of the Company. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of the sale of Company stock or assets, by merger, acquisition, recapitalization, or otherwise.
- Integration: These Terms (including all of the policies and, if applicable, Service Agreement, described in these Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter.
- Waiver: No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege.
- Severability: If any provision of these Terms is determined by a court of law to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of the Company.
- Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Services or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- No Relationship: No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
- Force Majeure: The Company will not be liable for any failure or deficiency in the performance or availability of the Services by reason of the occurrence of any event beyond our reasonable control, including without limitation, a labor disturbance, an Internet outage, interruption of service, communication outage, failure by a service provider to the Company, fire, terrorism, natural disaster, pandemic or other health emergencies, act of God, or war.
24. CONTACT US
Feel free to contact us with questions or concerns using the appropriate address below:
Siuslaw Broadband LLC dba Hyak
1535 9th St
Florence, OR 97439
Phone: (541) 902-5101
Email: help@hyak.co
