Effective Date: March 9, 2018

Hans Power & Water LLC and its authorized business partners, affiliates, subsidiaries and agents (collectively, “HANS”) welcomes you to its website (“Site”). These Terms of Use (“Agreement”) constitute a legally binding agreement between HANS and you, whether personally or on behalf of an entity (“You”), so please read them carefully. By accessing or using this Site, You acknowledge that You have read, understand, and agree to be bound by these terms. If You do not agree to be bound by these terms, You may not use this site or purchase any products.

 

I. USE OF SITE

To access this Site or some of the resources it offers, You may be asked to provide certain registration details or other information. It is a condition of Your use of this site that all the information You provide on this Site will be correct, current, and complete. If HANS believes the information You provide is not correct, current, or complete, HANS has the right to refuse You access to this Site or any of its resources, and to terminate or suspend Your access at any time.

II. PROHIBITED USE OF THE SITE 

You may only use this Site for purposes expressly permitted by this Agreement. As a condition of Your use of HANS’s Site, You warrant to HANS that You will not use the Site for any purpose that is unlawful or prohibited by this Agreement. For example, You may not (and may not authorize any party to) (i) co-brand this site, (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of HANS. For purposes of this Agreement, “co-branding” means to display a name, logo, or trademark, in such a manner as is reasonably likely to give a user the impression that such party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with HANS in preventing any unauthorized co-branding, framing or hyper-linking. In addition, You may not use HANS’s Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.

III. INTELLECTUAL PROPERTY

Trademarks, service marks, logos, and copyrighted works (including the collection and arrangement of content) appearing in this Site are the property of Hans Power & Water LLC or the party that provided the trademarks, services marks, logos, and copyrighted works to HANS. Except as provided in this Agreement, HANS does not grant You any express or implied right to any patents, trademarks, copyrights, or trade secret information. In accordance with the Limited Liability section of this Agreement, as part of the use of this Site, You agree not to bring any claim against HANS, its affiliates, officers, directors, employees, agents, sponsors, third party content providers, licensors, licensees or the like for any claim of intellectual property infringement.

IV. HYPERLINKING/LINKED SITES

This Site may provide a link to other websites by allowing You to leave this Site to access third-party material (“Linked Site”). HANS is not related to, nor does it have discretion to alter, update, or control the content on a Linked Site. HANS has not reviewed such Linked Sites and is not responsible for the content of those sites. The fact that HANS has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. You access any Linked Sites at Your own risk. HANS makes no representations or warranties about the content, completeness or accuracy of these Linked Sites. You should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site. HANS is not responsible for such provisions and expressly disclaims any and all liability related to such provisions.

 

V. SALES OF PRODUCT

By providing a credit card or other payment method, You represent and warrant that you are authorized to use the designated payment method and You authorize HANS (or its third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.

Depending on the order, HANS calculates and charges sales tax in accordance with applicable laws.

All products offered on the Site are subject to availability, and HANS reserves the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain products without prior notice. Prices for the products on this site are subject to change at any time, but changes will not affect any order for Products you have already placed.

HANS strives to communicate accurate pricing and product information but HANS will not be held responsible for any pricing, typographical, or other errors in such communications. Your order is subject to cancellation by HANS, in HANS’s sole discretion. Unless otherwise agreed to by HANS, payment must be received by HANS prior to our acceptance of an order. HANS may process payment for and ship product or parts of an order separately.

 

VI. DISCLAIMER OF WARRANTY

You expressly agree that use of the Site is at Your sole risk. Neither HANS nor its affiliates, any of their officers, directors, employees, agents, third-party content providers, sponsors, or licensors (collectively, “Providers”), or the like, warrant that this Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site or as to the accuracy, completeness, reliability, or security of the Materials. This Site and the information, content, and materials on this Site are provided on an “as is,” “where is,” and “where available” basis. HANS makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or to the content, information, or the materials on this Site. HANS expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the materials, content, or information on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement.You, and on behalf of Your agents, attorneys, employees, predecessors-in-interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, hereby fully release, discharge, waive, and absolutely forgive HANS, and each of its respective agents, attorneys, employees, predecessors-in- interest, successors-in-interest, partners, associates, members, officers, directors, affiliates, subsidiaries, associations, shareholders, trusts, trustees, heirs, executors, assigns, and transferees, from any and all lawsuits, demands, controversies, disputes, actions, causes of action, rights to accountings, fees, invoices, billings, proceedings, obligations, debts, liabilities, costs, disbursements, expenses, attorneys’ fees, damages and other claims of whatever character, nature and kind, in law or in equity, past, present or future, know nor unknown, joint or several, suspected or unsuspected, arising from or relating to Your use of the Site and/or any works obtained therefrom (collectively, “Claims”). You covenant not to sue with respect to any Claim subject to the foregoing release, discharge or waiver.

You understand that HANS cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. HANS does not assume any responsibility or risk for Your use of the Internet.

 

VII. LIMITATION OF LIABILITIES

HANS, its subsidiaries, affiliates, licensors, service providers, attorneys, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss data, use, revenue or income, pain and suffering, emotional distress, or similar damages, even if HANS has been advised of the possibility of such damages.

The foregoing limitation applies to claims based on warranty, contract, tort (including negligence), liability, or any other legal theory. Some jurisdictions do not allow limiting liability for certain damages. In such jurisdictions, HANS’s liability shall be limited to the extent permitted by law. In no event will the collective liability of HANS and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount You have paid to HANS for the applicable content or service out of which liability arose.

VIII. INDEMNIFICATION

Each time You upload any user submitted content (“User Content”), You confirm Your acceptance of and agreement to be bound by this Agreement. You shall, and hereby do, indemnify, defend, and hold harmless HANS, its affiliates, agents, employees, sponsors, and licensors from and against all claims and expenses, including reasonable attorneys’ fees, arising out of, or related in any way, to Your User Content, use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right. This includes, but is not limited to, defense and indemnification of HANS for any unlawful or unpermitted uploading of any information by a user. This indemnification shall survive any termination or suspension of Your use of this Site.

 

IX. SUBMISSIONS

All User Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that You, and not HANS, are entirely responsible for all User Content that You upload, post, e-mail, or otherwise transmit via this Site.

By submitting any User Content, you represent and warrant that:

• You are the sole author and owner of the intellectual property rights thereto;
• All content that you post is accurate;
• You are at least 18 years old; and
• Use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any User Content:

• That is known by you to be false, inaccurate or misleading;
• That infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• That violates any law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, false advertising or FTC endorsement and testimonial guidelines);
• That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• without clearly and conspicuously disclosing your relationship with HANS and all compensation or benefit you receive from HANS, if any;
• That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; and
• That contains any computer viruses, worms or other potentially damaging computer programs or files.

You hereby waive all intellectual property rights, including copyright, and any other right to any User Content that You submit, and shall, and hereby do, grant to HANS and any other user, a fully paid-up, royalty-free, perpetual, irrevocable, non-exclusive right and license (with the right to sublicense through multiple tiers) to use, reproduce, copy, modify, publish, adapt, host, cache, index, archive, store, create derivate works from, translate, perform, display, and distribute such User Content, in whole or in part, worldwide and to incorporate it in other works in any form, media or technology now known or herein after developed without accounting, notification, credit, or other obligation to You.

HANS has the right but not the obligation to monitor submissions by users and reserves the right to modify, move, refuse or remove any content at any time and for any reason in its sole discretion. You grant HANS and other users of this Site the right to use any material, information, ideas, concepts, know-how, or techniques contained in any User Content You provide or otherwise submit to HANS for any purpose whatsoever, including but not limited to, educational purposes and developing and marketing commercial products (if any as HANS deems fit in its sole discretion) using such information. You will not be entitled to any compensation for any of the rights You grant in and to the User Content.

You authorize HANS to use Your name, likeness, and any other information in connection with use of the User Content You provide. You agree that HANS may use or disclose information about You or Your use of this Site, including User Content, to market its products, comply with laws and requests by governmental or regulatory agencies, to protect or defend HANS’s rights or property, or to protect the safety of HANS, HANS’s employees, agents, sponsors, membership, or the public.

 

X. TERM AND TERMINATION

HANS reserves the right to terminate Your access to any part or the entire Site at any time without notice for any reason whatsoever.  HANS also reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. HANS reserves the right to seek all remedies available at law and in equity for any violation of this Agreement. Sections VI–XVII shall survive the termination of this Agreement. 

XI. NO AGENCY OR THIRD PARTY BENEFICIARY 

You agree that no agency, partnership, joint venture, employee-employer, or franchiser- franchisee relationship exists as a result of this Agreement or Your use of the Site. You acknowledge that You do not have authority or power to bind HANS. In no event shall HANS be liable for any representation, act, or omission made by You. The parties further agree that nothing in this Agreement is intended, or shall be construed, as creating any rights in third parties.

 

XII. CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan without reference to its conflicts of laws provisions. You specifically consent to personal jurisdiction in Michigan in connection with any dispute between You and HANS arising out of this Agreement, use of this Site, or pertaining to the subject matter hereof.  You agree the exclusive venue for any dispute between the HANS and You arising out of this Agreement or Your use of this Site will be in the state and federal courts in Oakland County, Michigan or the United States District Court for the Eastern District of Michigan respectively.

HANS makes no representation that the materials are appropriate or available for use outside the United States. This Site is for residents of the United States only. This Site is not intended for use by, or to provide any information to, users outside of the United States. HANS reserves the right to require proof of residence from any user accessing the Site and requesting information. You agree to comply with all laws and regulations applicable to Your use of this Site.

 

XIII. ENTIRE AGREEMENT, SEVERABILITY, AND WAIVER

This Agreement constitutes the entire agreement between HANS and You with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and HANS with respect to this Site. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Any failure by HANS to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement.

 

XIV. MODIFICATIONS TO AGREEMENT

HANS may revise this Agreement at any time and You agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Site. It is Your responsibility to return to this Agreement from time to time to review the most current terms of Use. HANS does not, and will not, assume any obligation to notify You of changes to this Agreement.

You agree to be bound by any affirmation, assent, or agreement You transmit through this Site, including but not limited to any consent You give to receive communications from HANS solely through electronic transmission. You agree that, when in the future You click on an “I agree”, “I consent” or other similarly worded button or entry field on this Site, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

 

XV. VIOLATION OF TERMS OF USE

Any use of this Site in violation of the foregoing violates these Terms of Use and may result, among other actions, in termination or suspension of Your rights to use the Site. Any decision as to whether User Content violates these Terms of Use or HANS’s posting rules will be made in HANS’s sole discretion.

 

XVI. SECURITY

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, HANS reserves the right to release Your details to system administrators at other sites to assist them in resolving security incidents. HANS reserves the right to investigate suspected violations of this Agreement.

HANS reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing HANS to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HANS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HANS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HANS OR LAW ENFORCEMENT AUTHORITIES.

 

XVII. MISCELLANEOUS

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms of Use on this Site will govern the items to which they pertain.

This Site may contain general information relating to medical conditions and their treatment. The content on this Site is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult Your doctor or health provider with any medical questions You have.