Holmes Garage Door Company (“HGDC”) requires that each visitor (the “User”) to its site on the World Wide Web, having a home address of www.holmesgd.pvcomm.net (the “Site”) adhere to the following terms and conditions of use. By accessing this Site, the User acknowledges his, her or its acceptance of and agreement to these terms and conditions, and each amendment made to them from time to time by HGDC.
INVITATION TO USE; RESTRICTIONS
All Users are invited to display the information, content or advertisements (the “Materials”) contained on this Site on a single monitor of a computer accessing this Site over the Internet. Users, such as architects, contract specifiers and commercial contractors, who intend on specifying or incorporating HGDC’s commercial door products in bids or contracts for a commercial project (Authorized Users) are invited to download and use the drawings and specifications for HGDC’s products (Drawings and Specifications) available from this Site, solely for such specific commercial purposes. Without the express written consent from HGDC, all Users, which are not Authorized Users, are not permitted to copy (other than for displaying on a single monitor of a computer accessing this Site over the Internet), download, modify, distribute, transmit, publish, create derivative works from, print or sell any Materials, Drawings or Specifications for any reason or for any purpose.
User acknowledges that any reliance upon Materials from this Site shall be at User’s risk, except as otherwise required by law. HGDC reserves the right, in its sole discretion, and without any obligation, to correct any error or omission in any Materials on this Site or to change any drawings or specifications, or other information without notice.
Although HGDC believes the Drawings and Specifications available on this Site are accurate, HGDC does not warrant or endorse the accuracy or reliability of Materials contained on, distributed through or linked to or downloaded or accessed from this Site and does not warrant or endorse the quality of any software or other products, information or other materials displayed, purchased or obtained by a User as a result of any advertisement or any information or offer made in or through this Site. HGDC further does not warrant the Drawings and Specifications available from this Site with respect to compliance with any applicable safety or building codes, such as windload requirements, for any particular application or in any particular jurisdiction, without HGDC’s express written agreement.
Any purchase by User of any products or services manufactured or supported by HGDC shall be subject to all of the standard terms and conditions set forth in HGDC’s contract documents in effect at the time of such purchase.
COPYRIGHT AND TRADEMARKS
The content on this Site, including the Materials, Drawings and Specifications, is protected by applicable copyright laws. The terms set forth in the “INVITATION TO USE; RESTRICTIONS” section, above, provide and define a limited license to such copyrights. The trademarks, logos and service marks displayed on this Site, including, but not limited to, HOLMES GARAGE DOOR COMPANY®, and ULTRA-GRAIN® (collectively, the “Marks”), are the property of HGDC. Users are prohibited from using any Mark for any purpose not within the limited authorization stated in the above “INVITATION TO USE; RESTRICTIONS” section.
These Terms will terminate immediately without notice from HGDC if in HGDC’s sole discretion, a User fails to comply with any term or provision of these Terms. Upon termination, the User must immediately destroy all Materials obtained from this Site and must discontinue any other use of the information obtained from, or through Users’ access to, this Site. Any license to any copyright or trademark provided by these Terms, whether express or implied, terminates immediately upon termination of these Terms.
LINKED INTERNET WEB SITES
HGDC has provided Internet links to other Web sites for User’s convenience. HGDC does not endorse or accept responsibility for any such Web site. HGDC makes no representations about any Web site a User may access through HGDC’s site. Many Web sites linked to this Site are owned and operated independently of HGDC. As a result, HGDC has no control over the products, materials, services or other information contained in or available through these third-party Web sites. The quality and reliability of these third party Web sites may vary as they are updated or altered. The User acknowledges that access to any other Web sites linked to this Site is at the User’s own risk.
EXCEPT FOR AVAILABLE WRITTEN EXPRESS WARRANTIES FOR HGDC’S PRODUCTS DESCRIBED ON THIS SITE, THE MATERIALS, DRAWINGS, SPECIFICATIONS, PRODUCTS AND OTHER RESOURCES AVAILABLE FROM THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. HGDC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND HGDC DOES NOT WARRANT THAT THE DISSEMINATION OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS WILL BE ERROR FREE OR UNINTERRRUPTED. HGDC DOES NOT WARRANT THAT THE MATERIALS, DRAWINGS, SPECIFICATIONS OR THE SERVER THAT MAKES THEM AVAILABLE WILL NOT CONTAIN ANY COMPUTER VIRUSES THAT MAY INFECT THE USER’S COMPUTER EQUIPMENT, NETWORK OR RELATED SOFTWARE. HGDC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS AND THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, TO THE EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HGDC BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS) ARISING OUT OF OR RELATED TO THESE TERMS OR ANY NEGLIGENCE BY HGDC WITH RESPECT TO THE SITE OR THESE TERMS, EVEN IF HGDC OR ANY PROVIDER OF THE MATERIALS, DRAWINGS OR SPECIFICATIONS HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO THE USER. IN NO EVENT SHALL HGDC’S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THE USER, IF ANY, FOR ACCESSING THIS SITE.
The User agrees to indemnify and hold HGDC and its affiliates harmless from and against any and all claims, losses, liability, costs, and expenses (including, but not limited to, attorneys’ fees) arising from the User’s violation or breach of these Terms, arising from the User’s violation of any third party’s rights including, but not limited to, copyrights, proprietary and privacy rights, or arising from User’s violation of any applicable federal, state or local law, regulation or ordinance. This indemnification and hold harmless obligation will survive the termination of these Terms.
APPLICABLE LAW; FORUM
The User’s access to and use of this Site and any Materials, Drawings and Specifications available on or through this Site are subject to and shall be governed by and construed in accordance with all applicable federal laws of the United States and applicable laws of the State of Ohio and local governmental entities. HGDC and User irrevocably consent to the exclusive jurisdiction of the courts of the State of Ohio and the federal courts situated in the State of Ohio in connection with any action arising under or in connection with these Terms or relating to the User’s access of this Site, or any Materials, Drawings and Specifications available on or through this Site.