Hi! Tech Website Terms of Use

Hi! Tech provides managed IT, IT consulting, and IT infrastructure design and implementation services for growing companies and other technology-forward businesses. Our Site is a marketing and informational website. It exists to tell you about our company, our team, our clients, and the kinds of technology services we offer, and to let you get in touch with us or explore working with us.

These Terms cover the public Site only. They are not our services agreement. Nothing on the Site, and nothing in these Terms:

• creates an offer to provide services, a service commitment, a service level, a warranty, a fiduciary duty, a consulting relationship, or a client relationship;
• describes the actual scope, pricing, timing, or performance standards of any engagement; or
• replaces, amends, or governs any managed IT services, consulting engagement, proposal, quote, statement of work, master services agreement, service-level commitment, data-processing agreement, or other signed client contract.

If you become a Hi! Tech client, the services we provide you are governed exclusively by the applicable proposal, statement of work, master services agreement, service agreement, or other signed client contract (each, a "Client Contract"). If anything in these Terms conflicts with a Client Contract regarding paid services, the Client Contract controls.

The Site is intended for businesses and their personnel, as well as prospective employees, job applicants, vendors, and other adult visitors.

To use the Site, you must be at least 18 years old, or the age of legal majority in your jurisdiction if that is older. By using the Site, you represent that you meet this requirement.

If you use the Site on behalf of a company or other organization, you represent that you are authorized to accept these Terms on its behalf, and "you" refers to both you and that organization.

We may update these Terms from time to time. When we do, we will post the revised Terms on the Site and update the "last updated" date at the top. Changes take effect when we post them and apply to your use of the Site going forward. If we make material changes, we will take commercially reasonable steps to bring them to your attention. Your continued use of the Site after revised Terms are posted means you accept the changes, so please check this page from time to time.

We may also change, suspend, or discontinue any part of the Site — including its content, features, and availability — at any time, with or without notice. The Site is a living marketing site, and we update it as our business evolves.

The content on the Site is general marketing and informational material. It is not individualized IT, cybersecurity, compliance, legal, or other professional advice, and you should not act on it without talking to us or another qualified professional about your specific situation.

Our descriptions of what we do — including anything relating to security, vulnerability management, endpoint protection, device management and deployment, mobile device management, network and Wi-Fi management, productivity, uptime, or availability — are general descriptions of our capabilities. They are not guarantees of any particular result, outcome, or level of protection. The specifics of what we would actually do for you would be set out in a Client Contract.

Nothing in this section limits any obligation Hi! Tech agrees to take on in a Client Contract.

You can reach us through the contact form on the Site, by email, or by phone. We're glad to hear from you — but a few things to keep in mind.

Getting in touch does not create a client relationship. Submitting the contact form, sending us an email, or calling us does not, by itself, create a client, consulting, fiduciary, or confidential relationship. A relationship forms only when we and you enter into a Client Contract.

Please don't send sensitive information through public channels. The contact and hiring forms and general email are not secure channels. Do not submit passwords, access credentials, encryption keys, authentication codes, one-time passcodes, detailed information about security vulnerabilities or system configurations, protected health information, payment-card data, or other highly sensitive information through a public Site form or by unsecured email. Send us only what we need to route your inquiry, and we'll tell you the secure way to share anything sensitive.

The contact form is not an emergency or guaranteed support channel. We don't monitor it around the clock, and we can't promise a response within any particular time. If you're already a client and need support, please use the support methods set out in your Client Contract or onboarding materials.

We'll use your inquiry to respond to you. When you contact us, we'll use your information to respond and to follow up about your inquiry. We will not treat your inquiry as consent to receive promotional calls or text messages. Any marketing communications would require your separate, appropriate consent.

We grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Site for lawful informational and business purposes, subject to these Terms.

You agree not to:

• use the Site in any way that violates any applicable law or regulation, or for any illegal or fraudulent purpose;
• impersonate any person or entity, or submit false, misleading, or inaccurate information;
• interfere with, disrupt, overburden, or impair the Site or the servers or networks that make it available;
• introduce any viruses, malware, or other harmful or malicious code;
• attempt to gain unauthorized access to any part of the Site, any account, or any connected system or network;
• conduct any vulnerability scanning, penetration testing, or other security testing of the Site without our prior written permission;
• circumvent, disable, or interfere with any security or access-control features of the Site;
• make excessive automated requests to, or otherwise place an unreasonable load on, the Site;
• use any robot, spider, scraper, or other automated means to access, monitor, harvest, mine, or copy any part of the Site or its content without our prior written permission;
• use any Site content to train, develop, or improve any machine-learning or artificial-intelligence model or system without our prior written permission;
• remove, obscure, or alter any copyright, trademark, or other proprietary notice on the Site;
• copy, reproduce, republish, or commercially exploit any part of the Site except as these Terms expressly allow;
• infringe our or anyone else's intellectual-property, privacy, or other rights; or
• take any action that burdens, damages, or disrupts the Site or that we reasonably determine may harm Hi! Tech or other Site users.

The Site and its content — including our text and copy, graphics, illustrations, photographs, video, layout, look and feel, and design, and the selection and arrangement of all of it — are owned by Hi! Tech or our licensors and are protected by copyright, trademark, and other intellectual-property laws. We give you permission to view and use the Site for your own internal informational and business purposes, and to print or download a reasonable number of pages for that purpose, as long as you keep all proprietary notices intact. We reserve all rights we don't expressly grant you.

"Hi! Tech," our logo, and our other names, logos, and slogans are our trademarks. You may not use them without our prior written permission.

The Site also displays names, logos, marks, and links belonging to other companies — including our clients and technology partners and providers such as Apple and Mosyle, and other third parties. All of those marks belong to their respective owners. We display them to identify our clients, partners, and the technologies we work with. Displaying a client or third-party name, logo, or link does not give you any right or license to use it, and it does not mean that every company shown sponsors or endorses Hi! Tech, or that we own their marks. If you want to use any mark shown on the Site, you'll need permission from its owner.

When you use the contact form, the hiring form, or otherwise send us information through the Site, the following applies.

Your responsibility. You agree that the information you submit is accurate in all material respects and that you have the rights necessary to submit it. Please don't submit anyone else's confidential or personal information unless you're allowed to.

How we may use it. You grant Hi! Tech and our service providers a limited, non-exclusive license to receive, store, reproduce, review, and use the information you submit only as reasonably necessary to:

• operate and maintain the Site;
• respond to and follow up on your inquiry;
• evaluate a potential business relationship with you or your organization;
• evaluate your application if you are applying for a job;
• keep appropriate business records; and
• comply with applicable law.

We do not claim any broad or commercial ownership of your résumé, portfolio, application materials, or the substance of your inquiry, and we will not use them for purposes beyond those above without your permission.

Submissions are not confidential (unless we've agreed otherwise). Unless we have signed a separate written confidentiality agreement covering the information, anything you submit through the Site is not confidential. Please keep that in mind, and use a secure channel for anything sensitive.

Feedback. If you voluntarily send us ideas, suggestions, or feedback about the Site or our offerings, you agree that we may use that feedback for any purpose without any obligation or payment to you. This applies only to genuinely voluntary suggestions about the Site or our business — it does not apply to job-application materials or to confidential information a prospective client shares with us.

We're glad you're interested in working with us. Our job postings, recruiting content, and related communications are for informational purposes. They are not offers of employment and are not promises that a position exists or will remain open.

We may change, fill, or withdraw any opportunity at any time. If we do offer you a position, the terms of any employment relationship will be set out in separate written documents and governed by applicable law. Nothing on the Site creates an employment relationship or a guarantee of employment.

These Terms are not a privacy notice for job applicants. Our handling of applicant information is described separately.

Our collection and use of personal information through the Site is described in our Privacy Policy. Please review it to understand how we handle personal information.

The Site contains links to, and references to, websites, technologies, and services operated by others — including our clients and technology partners and providers such as Apple, Mosyle, and Dialpad, and other third parties. We provide these links and references for your convenience and information only.

We do not control those third-party websites or services, and we are not responsible for their content, terms, privacy practices, availability, or security. If you visit a linked website or use a third-party service, you do so at your own risk and subject to that third party's own terms and privacy practices.

This section is about third-party websites and services you reach through the Site. It does not limit our responsibility for our own conduct, or for any third-party service that we expressly agree to manage for you under a Client Contract.

We work to keep the Site available and secure, but we can't promise that it will always be uninterrupted, timely, error-free, or completely secure. Like any public website, it may be unavailable from time to time, and no method of transmitting or storing information over the internet is perfectly secure.

We may perform maintenance, and we may take the Site or parts of it offline to respond to security, technical, or operational issues, at any time and without notice.

PLEASE READ THIS SECTION CAREFULLY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT AND MATERIALS ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU ARE RESPONSIBLE FOR YOUR OWN ANTI-VIRUS PROTECTION AND FOR BACKING UP YOUR OWN DATA.

This disclaimer applies to the Site only. It does not disclaim or limit any warranty or obligation that Hi! Tech agrees to provide under a Client Contract. And it does not exclude or limit any warranty or right that cannot be excluded or limited under applicable law.

TO THE FULLEST EXTENT PERMITTED BY LAW, HI! TECH AND OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, TO ACCESS OR USE THE SITE, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

These limits apply to your use of the public Site. They do not apply to, and do not supersede, any liability terms in a Client Contract. And they do not exclude or limit any liability that cannot be excluded or limited under applicable law — including liability for fraud, willful misconduct, or gross negligence, or any other liability that applicable law does not allow us to limit.

You agree to defend, indemnify, and hold harmless Hi! Tech and our affiliates, and our and their respective officers, directors, employees, contractors, agents, licensors, and service providers, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your unlawful use of the Site; (b) your violation of these Terms; (c) any content or information you submit through the Site that infringes or violates the rights of another; or (d) your intentional interference with the Site or its operation. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us.

We may restrict, suspend, or terminate your access to all or part of the Site at any time, with or without notice, if we reasonably believe you have violated these Terms, if your use creates a security or operational risk, if your conduct is unlawful, or as we otherwise reasonably determine is necessary. You may stop using the Site at any time.

The provisions of these Terms that by their nature should survive termination will survive — including Sections 4 (no professional reliance), 7 (our content and trademarks), 8 (information you submit), 13 (disclaimer of warranties), 14 (limitation of liability), 15 (indemnification), 17 (governing law and disputes), and 18 (general provisions).

These Terms, and any dispute or claim arising out of or relating to them or to the Site (including non-contractual disputes or claims), are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

You and Hi! Tech agree that any legal action or proceeding arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts and waive any objection to venue there.

Nothing in this section deprives you of the protection of any mandatory statutory right, or of the courts of any jurisdiction, that applicable law does not allow to be waived.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full effect.

Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or otherwise.

Entire agreement. These Terms are the entire agreement between you and Hi! Tech regarding your use of the public Site, and they supersede any prior understandings on that subject. They do not govern paid services, which are governed by the applicable Client Contract.

Relationship of the parties. These Terms do not create any partnership, joint venture, agency, employment, or fiduciary relationship between you and Hi! Tech.

No third-party beneficiaries. These Terms do not create any rights in anyone other than you and Hi! Tech, except that our affiliates and the other parties named in Sections 14 and 15 may rely on the protections given to them.

Headings. Headings are for convenience only and do not affect interpretation.

Electronic communications. When you use the Site or send us communications, you agree that we may communicate with you electronically, and that our electronic communications satisfy any legal requirement that a communication be in writing.

Equitable relief. You acknowledge that a breach of Sections 6, 7, or 8 may cause us irreparable harm for which money damages would be inadequate, and that we may seek injunctive or other equitable relief in addition to any other remedy.

If you have any questions about these Terms, please contact us at:

Hi! Tech NYC LLC

262 West 38th Street, Suite 701 New York, New York 10018

401 West A Street, Suite 200 San Diego, California 92101

Email: info@hitech.is

Phone: (917) 512-6443