Terms of Use

1. Agreement to these terms

These Terms of Use ("Terms") govern your use of the website at hypercity.org (including www.hypercity.org) (the "Site"), and of text messages and phone calls with HyperCity West Memphis LLC ("HyperCity," "we," "us" or "our"), including those handled by our AI assistant, Sloane (together, the "Services"). By using the Services, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Services.

2. Changes to these terms

We may revise these Terms from time to time. The updated version will be posted on this page with a new "Last updated" date. Changes take effect when posted. If you keep using the Services after a change, you accept the revised Terms.

3. Who may use the Services

You must be at least 18 years old, and able to form a binding contract, to use the Services. If you use the Services for a company or other organization, you confirm that you are authorized to act for it.

4. Text Messaging Program

Program description. HyperCity's text messaging program sends conversational messages and scheduling and coordination messages related to HyperCity business, such as replies to your questions, meeting requests, confirmations, reminders and follow-ups. Messages may be written and sent by Sloane, an AI assistant acting on behalf of John Watson, Managing Partner, so you may be texting with automated software rather than a person. We do not send marketing or promotional texts through this program.

Consent. You give your express consent to receive text messages from HyperCity West Memphis when you (a) check the SMS consent box on our contact form after entering your mobile number; (b) text our number first, in which case we reply to your message; or (c) reply YES or START to a text from us after we have contacted you by prior arrangement (for example, after you gave us your mobile number and agreed to be contacted by text). Consent is not a condition of any purchase.

Message frequency. Message frequency varies depending on the conversation and your requests.

Rates. Message and data rates may apply. Check your mobile plan for details.

Opt out. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any message to cancel and stop receiving texts from us. We will send one message confirming that you have opted out, and we will not send further texts unless you opt in again by replying START or YES, or by texting us first.

Help. Text HELP for help, or contact us at (561) 898-0077 or jwatson@hypercity.org.

Carriers. Mobile carriers and their affiliates are not liable for delayed or undelivered messages. Delivery depends on your carrier and device and is not guaranteed.

Your number. You confirm that you are the subscriber or authorized user of the mobile number you use with us. If you change or give up that number, please text STOP from it or tell us so we can update our records.

Privacy. No mobile information or SMS opt-in data or consent will be shared with third parties or affiliates for marketing or promotional purposes. We share it only with the service providers that deliver our messages, solely for that purpose. See our Privacy Policy for details.

5. AI assistant

Some calls and texts are handled by Sloane, an AI assistant, rather than a person. AI-generated responses can be incomplete or wrong. Treat information from the assistant as preliminary. The assistant cannot make offers, accept terms, reserve capacity, or bind HyperCity or John Watson to any agreement or commitment. Any commitment must be confirmed in writing by an authorized person. You can ask to speak with a person at any time. Calls are recorded and transcribed for quality and similar purposes, as described in our Privacy Policy. Recording laws in some places require the consent of everyone on the call; we inform callers at the start of the call that it is being recorded, and by continuing the call you consent to the recording. If you tell us you do not consent to recording, we will stop recording or end the call and offer another way to reach us.

6. Planning and forward-looking information

The Site describes plans for development in West Memphis, Arkansas. Those plans are preliminary. Planning information remains subject to studies, approvals, definitive agreements, financing and construction, and may change or not happen at all. Statements about future projects, capacity, timing, partners, community programs or benefits are forward-looking. They reflect our current expectations and involve risks and uncertainties, and actual results may differ materially. We have no obligation to update them.

Nothing on the Site or in any message is an offer to sell, or a solicitation of an offer to buy, any security, or an offer of utility service. Submitting an inquiry does not reserve capacity, set pricing or create any service commitment or other obligation for either party. Only a definitive written agreement signed by an authorized representative of HyperCity West Memphis LLC can do that.

7. Information you submit

You are responsible for the information you send us through our forms, by text, by phone or by email. Please make sure it is accurate and that you have the right to share it. Do not send confidential information you are not authorized to disclose, or highly sensitive personal information. Unless we have signed a separate confidentiality agreement with you, we do not treat unsolicited ideas or submissions as confidential, and we may use any feedback or suggestions you send us without obligation to you.

8. Acceptable use

You agree not to:

• use the Services for any unlawful, fraudulent or harmful purpose;
• submit false, misleading or impersonating information;
• send spam, malware or automated submissions, or try to get around our spam protection, rate limits or security measures;
• try to gain unauthorized access to the Services, our systems or our data;
• interfere with or disrupt the Services; or
• harass, threaten or abuse our team or our AI assistant, or try to manipulate the assistant into revealing information or acting outside its purpose.

We may block, suspend or stop communicating with anyone who violates these Terms.

9. Intellectual property

The Site and its content, including text, graphics, logos, images and the HyperCity name and marks, are owned by HyperCity or its licensors and are protected by intellectual property laws. You may view and print pages for your personal or internal business reference. You may not copy, modify, distribute or commercially use Site content without our prior written permission. These Terms do not grant you any license to our trademarks.

10. Third-party links and services

The Site may link to, or rely on, websites and services operated by others (for example, the City of West Memphis, West Memphis Utilities or our service providers). We do not control them and are not responsible for their content, policies or practices. Your use of them is at your own risk and subject to their terms.

HyperCity West Memphis LLC is an independent company. Nothing on the Site states or implies that the City of West Memphis, West Memphis Utilities or any other public body endorses, sponsors, is a partner of, or has approved HyperCity or any project, or that any project designation has been granted. Public statements about any such matter will be made only as mutually agreed with the relevant parties.

11. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Services will be uninterrupted, error-free or secure, that messages will be delivered, or that any information (including AI-generated responses) is accurate, complete or current.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HYPERCITY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). Nothing in these Terms limits liability that cannot be limited by law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

13. Indemnity

You agree to defend, indemnify and hold harmless HyperCity and its members, managers, officers, employees and agents from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising from your misuse of the Services, your violation of these Terms, or your violation of anyone else's rights.

14. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in the State of Delaware, except that either party may bring an individual claim in small-claims court where it qualifies. You and HyperCity consent to the personal jurisdiction of those courts.

15. General

These Terms, together with our Privacy Policy, are the entire agreement between you and HyperCity about the Services, and they replace any prior understandings on that subject. A separate written agreement signed by an authorized representative of HyperCity West Memphis LLC controls over these Terms where the two conflict. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them. Sections that by their nature should survive termination (including Sections 6, 7, 9 and 11 through 15) will survive.

16. Contact us

HyperCity West Memphis LLC
Attn: John Watson, Managing Partner
Email: jwatson@hypercity.org (or contact@hypercity.org)
Phone: (561) 898-0077
Website: hypercity.org