Legal
Clear, straightforward legal information for your peace of mind
TERMS OF SERVICE
Effective Date: August 5, 2026
Last Updated: August 5, 2026
1. AGREEMENT TO THESE TERMS
These Terms of Service constitute a legally binding agreement between you and Hyertier LLC, doing business as Hyertier Media (“Hyertier Media,” “we,” “us,” or “our”). These terms govern your access to and use of https://hyertier.com, including its content, forms, scheduling tools, digital resources, communications, purchases, and related services.
By accessing or using this website, submitting information, scheduling a consultation, purchasing a service, or otherwise interacting with Hyertier Media, you acknowledge that you have read, understood, and agreed to these Terms of Service and our Privacy Policy.
If you do not agree to these terms, do not use this website or its services.
IMPORTANT: These terms contain a mandatory arbitration agreement, class-action waiver, and jury-trial waiver that affect your legal rights. Please review the Dispute Resolution and Binding Arbitration sections carefully.
2. ABOUT HYERTIER MEDIA
Hyertier Media provides AI systems and automation consulting, strategic marketing, video and messaging strategy, content development, digital marketing, business consulting, assessments, digital reports, and related professional services. Hyertier Media serves clients nationally and internationally.
Specific client services, deliverables, prices, schedules, responsibilities, and performance expectations may be governed by a separate proposal, service agreement, statement of work, order form, checkout page, or contract.
If these Terms of Service conflict with a signed client agreement, the signed agreement will control for that specific engagement.
3. ELIGIBILITY AND AUTHORITY
You must be at least 18 years old and legally capable of entering into a binding agreement to use this website or purchase services.
If you act on behalf of a business, government agency, nonprofit organization, or other entity, you represent that you have authority to bind that entity to these terms.
4. CONSULTATIONS AND CLIENT ENGAGEMENTS
Submitting an inquiry, completing a form, scheduling a consultation, communicating with Hyertier Media, or receiving preliminary information does not automatically establish a client, advisory, fiduciary, partnership, employment, or agency relationship.
A formal client relationship begins only when Hyertier Media accepts an engagement or the parties enter into a written agreement.
Hyertier Media may accept or decline any inquiry, project, purchase, or engagement at its discretion.
Clients are responsible for providing timely, complete, lawful, and accurate information, access, approvals, content, credentials, and decisions required to perform the services.
5. PAYMENTS, CANCELLATIONS, AND REFUNDS
Prices, deposits, payment schedules, cancellation terms, rescheduling terms, and refund eligibility are determined by the offer selected, applicable checkout page, or written client agreement.
You agree to provide accurate billing information and authorize all charges associated with your purchase. Failure to make a required payment may result in delayed, suspended, or terminated services.
Nothing in these general website terms replaces payment, cancellation, or refund provisions contained in a signed client agreement, proposal, statement of work, order form, or checkout page.
6. NO GUARANTEE OF RESULTS
Hyertier Media provides strategy, systems, creative services, assessments, consulting, and implementation support based on the information available and the agreed scope.
Results depend on factors outside Hyertier Media’s control, including market conditions, platform changes, client implementation, budgets, staffing, data quality, customer behavior, competition, and third-party technology.
Hyertier Media does not guarantee specific revenue, profits, sales, leads, rankings, engagement, cost savings, regulatory approval, business growth, platform performance, or artificial-intelligence outcomes unless expressly stated in a signed written agreement.
You remain responsible for your business decisions, legal compliance, implementation choices, employee use, data quality, and approval of final outputs.
7. ARTIFICIAL INTELLIGENCE AND AUTOMATED SYSTEMS
Some services may incorporate artificial intelligence, automation platforms, analytics systems, communication providers, or other third-party technology.
AI-assisted systems may produce incomplete, inaccurate, biased, outdated, or unexpected results. You must independently review and approve AI-assisted content, recommendations, calculations, data, and outputs before relying on, publishing, distributing, or implementing them.
Hyertier Media does not control and is not responsible for third-party outages, security incidents, policy changes, service limitations, discontinued features, algorithm changes, or independent actions.
8. INTELLECTUAL PROPERTY
Unless otherwise stated, this website and its original content—including text, trademarks, branding, graphics, videos, designs, frameworks, downloads, methodologies, and processes—are owned by or licensed to Hyertier LLC and are protected by applicable intellectual-property laws.
You may access these materials for lawful personal or internal business use. Without written permission, you may not copy, reproduce, republish, modify, sell, license, redistribute, scrape, commercially exploit, or create derivative works from them.
Ownership and permitted use of client-specific deliverables will be governed by the applicable client agreement.
9. INFORMATION AND MATERIALS YOU PROVIDE
You represent that information and materials you provide are accurate, lawful, and supplied with all necessary rights, licenses, permissions, and authorizations.
You retain ownership of your original materials. You grant Hyertier Media permission to access, process, store, reproduce, and modify them as reasonably necessary to respond to your request, perform services, or fulfill an agreement.
You are responsible for claims arising from materials you provide, including claims involving copyright, trademark, confidentiality, privacy, publicity, or contractual rights.
10. ACCEPTABLE USE
You may not use this website to:
• Violate any applicable law or regulation.
• Infringe another party’s intellectual-property, privacy, or contractual rights.
• Submit unlawful, false, deceptive, defamatory, or harmful material.
• Transmit malware, spam, or unauthorized solicitations.
• Attempt unauthorized access to systems, data, or accounts.
• Interfere with website operation, security, or availability.
• Scrape or collect information through unauthorized means.
• Impersonate Hyertier Media or misrepresent an affiliation.
• Engage in fraud, abuse, harassment, or other unlawful conduct.
Hyertier Media may restrict or terminate access when we reasonably believe these terms have been violated.
11. HYERTIER MEDIA SMS AND MMS MESSAGING PROGRAM
Program Description
By voluntarily opting in, you authorize Hyertier Media to send SMS or MMS messages to the mobile number you provide. Messages may be sent using automated technology.
Messages may include:
• Responses to inquiries.
• Appointment confirmations and reminders.
• Scheduling and follow-up communications.
• Customer-care communications.
• Service, project, or account updates.
• Requested information and resources.
• Marketing messages, special offers, or promotional updates when separately authorized.
Consent
Users may opt in through an unchecked SMS-consent checkbox on a Hyertier Media website form or through another clearly presented and documented consent method.
Checking an SMS-consent box or otherwise affirmatively opting in constitutes consent to receive the types of messages described at the point where consent is provided.
Consent to receive marketing text messages is not a condition of purchasing any product or service. Marketing messages will only be sent when the recipient has provided the appropriate authorization.
SMS consent applies specifically to Hyertier Media and is not transferable to another business or organization.
Message Frequency and Charges
Message frequency varies depending on your inquiries, appointments, requested services, account activity, and communication preferences.
Message and data rates may apply. Your mobile carrier’s rates and terms govern charges associated with sending or receiving text messages.
Opting Out
You may opt out of SMS messages at any time by replying STOP to any message from Hyertier Media.
After submitting an opt-out request, you may receive one final message confirming that your request has been processed. You will not receive additional marketing text messages unless you provide new consent.
Opting out of SMS does not prevent Hyertier Media from contacting you by email, telephone, or another method when necessary to respond to an inquiry, fulfill a contract, or provide services you requested.
Help and Support
For assistance with the Hyertier Media messaging program:
• Reply HELP to any text message.
• Email info@hyertier.com.
• Call 301-888-6910.
Delivery and Carrier Responsibility
Wireless carriers are not responsible for delayed or undelivered messages.
Message delivery may be affected by your device, carrier, network availability, location, or other circumstances outside Hyertier Media’s control. Hyertier Media cannot guarantee that every message will be delivered or received within a specific period.
You are responsible for providing a valid mobile number that you own or are authorized to use. If your number changes, is disconnected, or is reassigned, you should notify Hyertier Media or opt out before discontinuing use of that number.
Mobile Information and Consent Data
Mobile information will not be shared, sold, rented, or disclosed to third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties, except vendors that support message delivery and are prohibited from using the data for any other purpose.
For more information about how Hyertier Media collects, uses, retains, and protects personal information, review our Privacy Policy at https://hyertier.com/privacy-policy.
Messaging Program Changes
Hyertier Media may modify, suspend, or discontinue all or part of its messaging program at any time. Material changes will be reflected in these Terms of Service or communicated where required.
12. PRIVACY AND COOKIES
Your use of this website is also governed by the Hyertier Media Privacy Policy, available at:
https://hyertier.com/privacy-policy
The website may use required and optional cookies, analytics tools, embedded content, and similar technologies. Information about these technologies and your available choices is provided in the Privacy Policy and applicable cookie-consent controls.
13. THIRD-PARTY SERVICES
The website may contain links to or integrations with payment processors, scheduling services, communication platforms, analytics providers, social networks, or other third parties.
Hyertier Media does not control and is not responsible for third-party availability, content, security, policies, data practices, actions, or omissions. Your use of third-party services is subject to their separate terms and policies.
14. WEBSITE AVAILABILITY AND CORRECTIONS
Hyertier Media does not guarantee that website content will always be complete, accurate, current, secure, or available.
We may correct errors or modify, suspend, or discontinue any website feature without notice. Access may be interrupted by maintenance, technical problems, cyber incidents, third-party outages, or circumstances outside our control.
15. DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website, content, digital resources, communications, and services are provided on an “as is” and “as available” basis and are used at your own risk.
Hyertier Media disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, security, and uninterrupted availability.
Nothing on this website constitutes legal, financial, tax, medical, cybersecurity, employment, regulatory, or other licensed professional advice. You should consult an appropriately qualified professional before making decisions requiring specialized advice.
16. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Hyertier LLC, Hyertier Media, and their owners, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, consequential, special, exemplary, enhanced, or punitive damages.
This exclusion includes lost profits, lost revenue, lost opportunities, loss of goodwill, business interruption, loss or corruption of data, replacement-service costs, reputational harm, and damages arising from reliance on website content, communications, AI-generated outputs, third-party services, or unavailable systems, even if advised that such damages were possible.
To the fullest extent permitted by law, Hyertier Media’s aggregate liability arising from or relating to this website or these terms will not exceed:
• The amount you paid directly to Hyertier Media for the specific service giving rise to the claim during the six months preceding the event giving rise to liability; or
• If you paid nothing for that service, one hundred U.S. dollars.
Each limitation is intended to apply independently and to the maximum extent legally permitted.
These limitations do not exclude liability that cannot legally be excluded, including liability established by final judgment for fraud, willful misconduct, gross negligence, or another nonwaivable statutory obligation.
Liability relating to a paid client engagement may also be governed by the applicable signed client agreement.
17. ASSUMPTION OF RISK
You acknowledge that business strategy, marketing, technology, automation, AI systems, digital platforms, and entrepreneurial activities involve inherent risks.
You voluntarily assume the risks associated with your business decisions, implementation, use of third-party tools, reliance on AI-assisted outputs, and application of information provided through the website or services.
18. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Hyertier LLC, Hyertier Media, and their owners, officers, employees, contractors, agents, affiliates, licensors, and service providers from claims, demands, proceedings, damages, judgments, liabilities, losses, penalties, and reasonable attorneys’ fees arising from:
• Your violation of these terms.
• Your unlawful, unauthorized, negligent, or improper conduct.
• Information or materials you submit.
• Your infringement of another party’s rights.
• Your misuse of the website, services, deliverables, or AI-assisted outputs.
• Decisions or actions based on the website or services.
• Your violation of applicable laws, regulations, or industry requirements.
Hyertier Media may assume control of the defense of a covered claim, and you agree to provide reasonable cooperation.
19. FORCE MAJEURE
Hyertier Media will not be liable for delays, interruptions, or failure to perform caused by events beyond its reasonable control.
These events may include natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disputes, public-health emergencies, utility failures, internet or telecommunications outages, cyberattacks, government actions, supply-chain disruptions, or failures of third-party providers.
Affected deadlines will be extended for a reasonable period based on the circumstances.
20. INFORMAL DISPUTE RESOLUTION
Before initiating arbitration or another permitted legal proceeding, the complaining party must send a written dispute notice to info@hyertier.com.
The notice must include:
• The person or entity’s name and contact information.
• A description of the dispute.
• The relevant transaction, service, or communication.
• The legal and factual basis of the claim.
• The specific relief requested.
The parties will attempt in good faith to resolve the dispute informally for at least 45 days after receipt of a complete notice.
Applicable limitation periods will be paused during this 45-day period.
21. BINDING INDIVIDUAL ARBITRATION
Except for the limited exceptions stated below, every dispute, claim, or controversy arising from or relating to this website, these Terms of Service, the Privacy Policy, communications with Hyertier Media, purchases, or services will be resolved exclusively through final and binding individual arbitration—not in court.
This arbitration agreement involves interstate commerce and is governed by the Federal Arbitration Act.
Consumer disputes will be administered by the American Arbitration Association under its Consumer Arbitration Rules and Consumer Due Process Protocol. Business-to-business disputes will be administered under the AAA Commercial Arbitration Rules.
If the AAA is unavailable or unwilling to administer the dispute, the parties or a court with proper authority will select another nationally recognized arbitration administrator.
The arbitrator has exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, formation, or scope of this arbitration agreement, except that a court will decide disputes specifically concerning the enforceability of the Class-Action Waiver.
The arbitrator may award the same individual remedies that a court could award, subject to these terms and applicable law. The arbitrator’s decision will be final and binding, and judgment may be entered in any court with jurisdiction.
Arbitration fees will be allocated according to applicable AAA rules. Hyertier Media will pay fees it is legally or contractually required to pay. Each party will otherwise be responsible for its own attorneys’ fees unless applicable law or the arbitrator’s award provides otherwise.
Arbitration may be conducted through written submissions, telephone, video conference, or an in-person hearing as permitted by the applicable rules.
The parties will maintain the confidentiality of arbitration proceedings and awards except as necessary to conduct the arbitration, enforce an award, comply with law, or protect a legal right.
22. CLASS-ACTION AND REPRESENTATIVE-ACTION WAIVER
To the fullest extent permitted by law, you and Hyertier Media agree that every claim must be brought solely in an individual capacity.
Neither party may bring, participate in, administer, or seek relief through a class action, collective action, consolidated action, coordinated action, mass action, private-attorney-general action, or other representative proceeding.
The arbitrator may not combine or consolidate claims involving different individuals or entities and may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.
If a court determines that this waiver is unenforceable for a particular claim or form of relief, only that claim or request for relief will proceed in court after all arbitrable matters have been completed. All remaining claims will remain subject to individual arbitration.
23. WAIVER OF JURY TRIAL
To the fullest extent permitted by law, you and Hyertier Media knowingly and voluntarily waive any constitutional or statutory right to have a dispute heard or decided by a judge or jury in court.
If a dispute is determined not to be subject to arbitration, both parties waive trial by jury to the fullest extent legally permitted.
24. ARBITRATION EXCEPTIONS
Either party may:
• Bring an eligible individual claim in small-claims court.
• Seek temporary or emergency injunctive relief to prevent intellectual-property infringement, unauthorized system access, data misuse, confidentiality violations, or immediate irreparable harm.
• Ask a court to compel arbitration, stay litigation, confirm an arbitration award, or enforce an arbitration award.
• Pursue a remedy that applicable law expressly prohibits from being subjected to predispute arbitration.
Seeking one of these limited remedies does not waive arbitration of other claims.
25. RIGHT TO OPT OUT OF ARBITRATION
You may opt out of Sections 21 through 23 by emailing info@hyertier.com within 30 days after you first become subject to these Terms of Service.
The subject line must state “Arbitration Opt-Out.” Your notice must include your full name, email address, mobile number if provided to Hyertier Media, and an explicit statement that you are opting out of the arbitration agreement.
Opting out will not affect the remaining Terms of Service or your ability to use the website or purchase services.
Opt-out requests submitted after the 30-day period will not be effective.
26. CONTRACTUAL LIMITATION PERIOD
To the fullest extent permitted by law, any claim arising from or relating to the website, these terms, communications, purchases, or services must be filed within one year after the event giving rise to the claim.
Claims not filed within that period are permanently barred.
This section does not shorten a limitation period that applicable law prohibits the parties from shortening.
27. GOVERNING LAW AND COURT VENUE
The Federal Arbitration Act governs the arbitration provisions.
For matters not governed by the Federal Arbitration Act, these terms are governed by Maryland law, without regard to conflict-of-law principles.
Any court proceeding permitted under these terms must be brought in a state or federal court with proper jurisdiction in Maryland, unless applicable consumer law requires otherwise. Each party consents to the jurisdiction of those courts.
International users remain responsible for complying with laws applicable in their jurisdictions.
28. ELECTRONIC COMMUNICATIONS AND SIGNATURES
You consent to receiving agreements, notices, disclosures, and other communications electronically.
Electronic acceptance, checked boxes, digital signatures, and electronic records have the same legal effect as paper documents and handwritten signatures to the fullest extent permitted by law.
29. SUSPENSION AND TERMINATION
Hyertier Media may restrict, suspend, or terminate website access or services when a user violates these terms, creates legal or security risks, fails to make required payments, or interferes with business operations.
Provisions that logically should survive termination—including intellectual property, payment obligations, disclaimers, liability limitations, indemnification, arbitration, class-action waiver, jury waiver, and governing law—will remain effective.
30. CHANGES TO THESE TERMS
Hyertier Media may update these terms when its website, services, technology, messaging practices, or legal obligations change.
The updated version will be posted with a revised “Last Updated” date. Continued use of the website after the updated terms become effective constitutes acceptance of the revised terms.
Material changes to the arbitration provisions will apply prospectively to disputes arising after the updated terms become effective unless applicable law permits otherwise.
31. SEVERABILITY
If any provision is found unlawful or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
The specific severability rules in the Class-Action Waiver control over this general provision if a conflict exists.
32. NO WAIVER
Failure to enforce a provision does not waive the right to enforce it or another provision later.
33. ENTIRE AGREEMENT
These Terms of Service and the Hyertier Media Privacy Policy constitute the complete agreement governing general website use.
Separate client agreements, proposals, statements of work, order forms, and checkout terms may establish additional or controlling terms for specific purchases or services.
34. CONTACT HYERTIER MEDIA
Questions, legal notices, or requests concerning these Terms of Service or the Hyertier Media messaging program may be directed to:
Hyertier Media
A DBA of Hyertier LLC
Email: info@hyertier.com
Phone: 301-888-6910
Website: https://hyertier.com