TERMS OF USE

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You may submit personal health information through this site for Hytek to transmit to physician, which is subject to protection under the Federal Health Insurance Portability and Accountability act of 1996 (“HIPAA”) and various state laws to as “protected health information “or PHI.

Hytek will use your PHI, as coupled with Personal Identifying Information, only as you specifically direct or as otherwise may be permitted under HIPAA. For example, if you request us to assist you in scheduling a consultation with a doctor or clinic pertaining to a health condition you specify, we will request PHI (such as your health condition) and provide that information to the doctor or clinic in conjunction with the appointment request unless you direct us not to disclose such information. In addition if a doctor recommends certain test or procedures in connection with certification or registration of you as eligible for medical marijuana use, we will store and disclose that information (which may include PHI related to your condition) to laboratories or other providers who will provide services ordered by the physician. We may also use PHI, without disclosing it to others, to personalize and enhance your experience when visiting Hytek website.  Below this add “Copyright @ 2018” Effective date June 1st 2018
 

 

MEDICAL DISCLAIMER

 

The HyTek website is intended to provide general information about HyTek, its services, and other affiliates, as applicable. The information on this website is written and provided by the staff of HyTek.  This website also provides links to the websites of HyTek affiliates, which may or may not provide health information that may be written by their respective staff, physicians or health care providers, or contracted from outside providers.  We also provide access (links) to some external web sites for your convenience.  HyTek is not responsible for the availability, accuracy, or content of those outside websites, nor does it endorse them.

 

The information and content in the Services, including but not limited to text, graphics, images, videos, and other material contained in the Services is for informational purposes only and is not intended as a substitute for professional medical advice, help, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you have regarding your medical care, and never disregard professional medical advice or delay seeking it because of something you have read on or via the Services. Nothing contained in the Services is intended to constitute a medical diagnosis or treatment. Nothing in the Services is intended as a recommendation or endorsement of any specific test, product, procedure, opinion, or other information that may be mentioned in the Services. Reliance on any information appearing in the Services, including but not limited to information provided by HyTek personnel or by other users of the Services, is solely at your own risk.

 

This website is not an attempt to practice medicine or provide specific medical advice, nor does use of the site establish:  (i) a doctor-patient relationship; (ii) guarantee medical treatment or the provision of medical services of any kind; or (iii) .  Should you request a referral to a HyTek-affiliated medical provider, we will use the information you submit to arrange for care where appropriate.  For emergency medical treatment or answers to personal questions, we strongly encourage and/or recommend that you consult with a qualified health care provider.

 

If you think you may have a medical emergency, call your doctor or 911 immediately. HyTek does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned in the Services. Reliance on any information provided by HyTek, HyTek employees, others appearing on the website at the invitation of HyTek, or other visitors to the website is solely at your own risk.

 

HyTek does not warrant the accuracy, completeness, timeliness or usefulness of the content, services or other information provided through the Services or on the Internet generally. The Services may contain health or medical-related materials or information that you may find sexually explicit or otherwise offensive.

 

HyTek and its affiliates, licensors, and suppliers have no control over and accept no responsibility for your compliance with the laws applicable to your country or state of residence.

 

INTELLECTUAL PROPERTY RIGHTS

 

All Services, except all User Submissions (hereinafter defined), including, without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials, which are or may be included as a part of the Services (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of HyTek and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site and within HyTek’s products is the exclusive property of HyTek and is protected by U.S. and international copyright laws, as applicable. Content accessible through our Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, without the express prior written consent of the respective owners.  HyTek reserves all rights not expressly granted in and to the Content.  You expressly agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted by HyTek.

 

USE AND PROTECTION OF PASSWORD AND ID

 

Portions of our Services may require you to open an account.  Accordingly, HyTek may assign users a password and account identification (the “ID”).  In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.  HyTek shall have no obligation to investigate the source of any information provided.  You are entirely responsible for maintaining the confidentiality of your password and account.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  In other words, you will be responsible for any activity conducted under your assigned password or ID.

 

You agree to notify HyTek immediately of any unauthorized use of your account or any other breach of security.  HyTek will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, under any circumstance, either with or without your consent and/or knowledge.  You may be held liable, however, for losses incurred by HyTek or another party due to someone else using your account or password.

 

IT IS THE EXPRESS POLICY OF HYTEK THAT YOU MAY NOT USE ANYONE ELSE’S ACCOUNT AT ANY TIME, WITHOUT THE WRITTEN CONSENT OF SUCH ACCOUNT HOLDER.  YOU ACKNOWLEDGE AND AGREE, HOWEVER, THAT AS BETWEEN YOU AND HYTEK, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR SERVICES BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR SERVICES IS OR WAS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE SERVICES) THAT MAY RESULT FROM SUCH ACCESS OR USE.

 

TERMINATION

 

The products, content, information and services included in or accessed through our Services are provided on an “AS IS” basis without warranty of any kind.  You may terminate your account at any time by sending an e-mail to us at .  You further agree that HyTek, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason including, without limitation, breach or assignment of these Terms of Use.  Further, you agree that HyTek shall not be liable to you or any third-party for any termination of your access to the Services.  Further, you agree not to attempt to use the Services after said termination.

 

You expressly acknowledge, consent, and agree that HyTek may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:  (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any User Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of HyTek, its users and the public, as applicable.


 

THIRD PARTY CONTENT, SITES, AND SERVICES

 

The Services may contain features and functionalities that may link you or provide you with access to third party content, which is completely independent of HyTek, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet, as a whole.

 

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties.

 

You expressly agree that HyTek shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third-party, then you understand and agree that HyTek is under no obligation to become involved, at any time.  In the event that you have a dispute with one or more other users, the you hereby release HyTek, its officers, managers, members, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Services or use thereof.

 

CLAIMS OF COPYRIGHT INFRINGEMENT

 

HyTek respects the intellectual property rights of others.  Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing sending an email to  with the following information consistent with 17 U.S.C 512(c)(3):

 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

 

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

 

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

 

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, THEN YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying HyTek that your copyrighted material has been infringed. The preceding requirements are intended to comply with HyTek’s rights and obligations under the DMCA, but do not constitute legal advice in any form or fashion.  In accordance with the DMCA and other applicable law, HyTek has adopted a policy of terminating, in appropriate circumstances and at HyTek’s sole discretion, members who are deemed to be repeat infringers. HyTek may also in its sole and absolute discretion limit access to and/or terminate the member accounts of any Users, who infringe any intellectual property rights of others, whether or not there is any repeat infringement.


 

USER CONDUCT

 

By using, viewing or accessing the Services, you expressly agree to not use the Services to:

 

(i) Upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, pornographic, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

 

(ii)   Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(iii) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;

 

(iv) Upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

 

(v) Upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

(vi) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “multilevel marketing,” i.e., MLMs, or any other form of solicitation;

 

(vii) Upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(viii) Interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;

 

(ix) Intentionally or unintentionally violate any applicable local, state, national or international law; and/or "stalk," “prey upon,” “bully,” “intimidate” or otherwise harass another; and

 

(x)   Collect content or information, or otherwise access HyTek, using automated means (such as harvesting bots, robots, spiders, or scrapers), without express prior written consent.

 

PROHIBITED USES

 

As a condition of your use of our Services, you agree that you will not use our Services for any purpose that is unlawful or prohibited by these Terms of Use or under applicable state and federal law.  You may not use our Services in any manner that could damage, disable, overburden, or impair any HyTek server, or the network(s) connected to any HyTek server, or interfere with any other party’s use and enjoyment of our Services.  You may not attempt to gain unauthorized access to our Services, other accounts, computer systems or networks connected to any HyTek’s server or our Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our Services.

 

NO SPAM POLICY

 

You expressly understand and agree that sending unsolicited email advertisements to HyTek email addresses or through HyTek computer systems is expressly prohibited.  Any unauthorized use of HyTek’s computer systems is a violation of these Terms of Use and certain federal and state laws, including, without limitation, the Computer Fraud and Abuse Act (18 U.S.C.A. § 1030 et seq.), as well as applicable state statutes and regulations.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

 

ASSIGNMENT

 

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, under any circumstance, but may be assigned only by HyTek, without restriction.

 

WARRANTY DISCLAIMER

 

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW, HYTEK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.  HYTEK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:  (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.  HYTEK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HYTEK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  AS IS THE CASE WITH RESPECT TO ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL HYTEK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:  (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY AND EXPRESSLY ACKNOWLEDGE THAT HYTEK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Our Services are controlled and offered by HyTek from its facilities in the United States of America.  HyTek makes no representations that our Services are appropriate or available for use in other locations.  Those who access or use our Services from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

 

INDEMNITY

 

By using, viewing or accessing the Services, you agree to indemnify and hold HyTek and its officers, managers, directors, members, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the HyTek Privacy Policy, or your violation of any law or the rights of a third-party.

 

 

CALIFORNIA RESIDENTS

 

If you are a California resident, then in connection with releases or other obligations set forth herein, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:  “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

 

 

ADVERTISERS OR SPONSORS

 

Your correspondence or business dealings with, or participation in promotions, discounts or offers made by advertisers or sponsors found on or through our Services, 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 sponsor.  You expressly agree that HyTek shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our Services.

 

MODIFICATIONS

 

HyTek reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services, or any part thereof, with or without notice.  You agree that HyTek shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any service (whether such service was offered by HyTek or any business or merchant utilizing the Services).  Likewise, we reserve the right, in our sole and absolute discretion, to change, modify or otherwise alter the terms and conditions or our Terms of Use or Privacy Policy.  Such modifications shall become effective immediately upon the posting thereof.  You must review such information and modifications on a regular basis to keep yourself apprised of any changes.

 

HyTek is not responsible for any modification, addition or removal of any service, promotion, loyalty program, feature, product or information offered by any business or merchant affiliate.   Businesses and merchants utilizing the Services have the exclusive right to modify, remove or discontinue any loyalty program, promotion, service, feature, product or offer at any time and in their sole and absolute discretion.  Likewise, businesses and merchants utilizing the Services have the exclusive ability to set any expiration or termination date or terms on any store credit, promotion, or offering at any time and in their sole and absolute discretion.

 

 

GENERAL

 

By using, viewing or accessing HyTek’s Services, you expressly acknowledge and agree that:  (i) our Services shall be deemed solely based in Nevada; and (ii) our website and associated Services is a passive website that does not give rise to personal jurisdiction over HyTek, either specific or general, in jurisdictions other than Nevada.  These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles.  Venue for any legal action concerning any claim or dispute between you and HyTek that arises in whole or in part from our Services or any other transaction between you and HyTek shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing and/or accessing the Services you expressly consent to jurisdiction and venue in such court.

 

These Terms of Use, together with the HyTek Privacy Policy and any other legal notices published by HyTek on our website, shall constitute the entire agreement between you and HyTek concerning our website.  If any provision of these Terms of Use or the HyTek Privacy Policy is deemed invalid by a court of competent jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect.  No waiver of any term of these Terms of Use or the HyTek Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and HyTek’s failure to assert any right or provision under these Terms of Use or the HyTek Privacy Policy shall not constitute a waiver of such right or provision.  HyTek expressly reserves the right to amend these Terms of Use or the HyTek Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the HyTek Privacy Policy for any changes.  Your use of our Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.  You expressly agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

 

ACCEPTANCE OF TERMS OF USE

 

You affirm that you are:  (i) at least 18 years of age; (ii) an emancipated minor; or (iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the HyTek Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

 

 

CONTACTING US

 

If there are any questions regarding these Terms of Use or your would like to report a violation of the terms set forth herein, you may contact us by sending an email to.

 

Effective date:  March 15, 2017.