1. ACCEPTANCE OF TERMS
We at Hyground Consulting Ltd (Hyground) provide our service to you, subject to the following Terms and Conditions ("TANDC"), which may be updated by Hyground from time to time without notice to you. In addition, when using particular Hyground services, you and Hyground shall be subject to any guidelines and rules applicable to such services which may be posted by Hyground from time to time. All such guides and rules are hereby incorporated by reference into the TANDC. In most cases the guides and rules are specific to a particular part of the Service and will assist you in applying the TANDC to that part, but to the extent of any inconsistency between the TANDC and any guide or rule, the TANDC will prevail. Hyground may also offer services from time to time that are governed by other terms of service. In such cases the other terms of service will be posted on the relevant service to which they apply.

2. DESCRIPTION OF SERVICE
Hyground currently provides users with access to on-line information and resources, both in publicly accessible and subscriber sections (the "Service"). Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new Hyground properties, shall be subject to the TANDC. You acknowledge and agree that the Service is provided "as is" and that Hyground assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings.
In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the subscriber section of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Hyground has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Hyground has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. HYGROUND PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
To access the subscriber section of our website, you will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Hyground of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Hyground cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER ACCOUNT ACCESS
You agree that Hyground may access, preserve, and disclose your account information and Content (if applicable):
(a) to its affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner;
(b) for the purpose of properly administering your account in accordance with the standard operating procedures of Hyground or its affiliated companies; and
(c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process;    (ii) enforce the TANDC   (iii) respond to claims that any Content violates the rights of third-parties;    (iv) respond to your requests for customer service; or   (v) protect the rights, property, or personal safety of Hyground, its users and the public.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Hyground reserves the right to terminate your access to some or all parts of its Service if you withdraw your consent in this paragraph at any time.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States and the country in which you reside (if different from the aforementioned). When you are on any international Hyground property, you are bound by the TANDC and applicable laws governing that Hyground property.

8. PUBLIC CONTENT POSTED TO HYGROUND
(a) For purposes of the TANDC, "publicly accessible areas" of the Service are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas that consists of photos or other graphics you elect to post to any other publicly accessible area of the Service, you grant Hyground a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting Hyground or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This licence exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Service, you grant Hyground the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

9. INDEMNITY
You agree to indemnify and hold Hyground and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TANDC, or your violation of any rights of another.

10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the subscriber section of the Service.

11. GENERAL PRACTICES REGARDING USE
You acknowledge that Hyground reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Hyground reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE
Hyground reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hyground shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION
You agree that Hyground in its sole discretion, may terminate your password, account (or any part thereof) or use of the subscriber section of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Hyground believes that you have violated or acted inconsistently with the letter or spirit of the TANDC. Hyground may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TANDC may be effected without prior notice, and acknowledge and agree that Hyground may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Hyground shall not be liable to you or any third-party for any termination of your access to the Service.

14. DEALINGS WITH ADVERTISERS AND MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that:
(a) Hyground shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service, and
(b) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant Merchant.

15. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Hyground has no control over such sites and resources, you acknowledge and agree that Hyground is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Hyground shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. HYGROUND'S PROPRIETARY RIGHTS
(a) You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Hyground or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
(b) Hyground grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Hyground for use in accessing the Service.

17. DISCLAIMERS
You expressly acknowledge and agree that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Hyground expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantibility, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care ad skill or as to non-infringement of any intellectual property right.
(b) Hyground makes no warranty or representation that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure or error-free, (iii) the results which may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you form Hyground or through or from the Service shall create any warranty or other obligation expressly stated in the TANDC.

18. LIMITATION OF LIABILITY
You expressly acknowledge and agree that Hyground shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Hyground has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
You agree that regardless of any statute or law to the contrary, any claim or cause or action arising out of or related to use of the Service of these TANDC must be filed within one (1) year after such claim or cause of action arose or be forever abandoned.

19. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability fro incidental or consequential damages. Accordingly, some of the above limitations of Section 17 and 18 may not apply to you.
In particular, nothing in these TANDC shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Hyground.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Hyground shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TANDC or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION
Hyground Consulting, the Hyground logo and product and service names are trademarks of Hyground Consulting Ltd. Without Yahoo's prior permission, you agree not to display or use in any manner, the Hyground trademarks.

23. COPYRIGHTS and COPYRIGHT AGENTS
Hyground respects the intellectual property of others, and we ask our users to do the same.

24. GENERAL INFORMATION
These TANDC (including the guides and rules referred to herein) constitute the entire agreement between you and Hyground and govern your use of the Service, superseding any prior agreements between you and Hyground. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TANDC and the relationship between you and Hyground shall be governed by the laws of England. You and Hyground agree to submit to the exclusive jurisdiction of the English courts. Any failure by Hyground to exercise or enforce any right or provision of the TANDC shall not constitute a waiver of such right or provision. If any provision of the TANDC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TANDC remain in full force and effect.
The section titles in the TANDC are for convenience only and have no legal or contractual effect.