- Acknowledgement and Acceptance of Terms of Service – The Haines web site (“Web Site”) is owned and operated by Haines & Company, Inc. (“Haines”), and is provided to you (“User”) under the terms and conditions of this Haines Terms of Service (“HTOS”) and any operating rules or policies that may be published or posted herein by Haines. The HTOS comprises the entire agreement between User and Haines and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT” BUTTON, THE USER IS INDICATING HIS OR HER AGREEMENT TO BE BOUND BY THE HTOS.
- Description of Web Site – Haines is granting User access to the Site in order to (i) enable User to obtain information about Haines’ products and services, and (ii) permit User to retrieve certain requested documents (“Job”) from Haines. All information requested on an original registration shall be referred to as registration data (“Registration Data”). If any Registration Data or other information provided by User is false or inaccurate, Haines retains the right to terminate User’s membership and rights to use the Web Site. User’s right to use the Web Site is personal to User and subject to the HTOS. User agrees not to sell, lease or otherwise dispose of its right or license to use the Web Site without the express prior written consent of Haines.
- Job Warranty – If Haines fails to process a Job in accordance with the specifications submitted by User and accepted by Haines, then Haines shall repeat the Job in whole or in part as the case may be, at no expense to User. If a repeat Job is not feasible, then Haines shall issue a credit to the extent of any portion of the Job not processed satisfactorily.
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE WEB SITE, AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. A REPEAT JOB IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, IS USER’S SOLE REMEDY FOR BREACH OF THIS WARRANTY.
THIS WARRANTY WILL NOT APPLY IN THOSE CASES WHERE FAILURE TO PERFORM THE JOB PROPERLY RESULTED FROM ERRORS IN INFORMATION SUPPLIED BY USER. HAINES DOES NOT ASSUME RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGES THAT USER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE, INCLUDING INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
- Information; Web Site Warranty – HAINES IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. HAINES DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, HAINES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THE WEB SITE AND THOSE WEB SITES THAT LINK FROM AND TO IT COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. IT IS USER’S RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT.
Price and availability information is subject to change without notice. User assumes all responsibility and risk for the use of the Web Site and the Internet generally. Except as specifically stated on this Web Site, neither Haines nor any of its directors, officers, employees, agents or other representatives will be responsible for any claims or liable for any damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, consequential or punitive damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- User Conduct – User is solely responsible for the contents of his or her transmissions through the Web Site. User’s use of the Web Site is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) not to use the Web Site for illegal purposes; (2) not to interfere or disrupt networks connected to the Web Site; (3) to comply with all regulations, policies and procedures of networks connected to the Web Site; (4) not to transmit through the Web Site any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; (5) not to transmit any material that encourages or aids and abets a criminal offense or gives rise to civil liability; or (6) not to gain unauthorized access to other computer systems. Haines may, in its sole discretion, immediately terminate User’s right to use the Web Site should User’s conduct fail to conform to the HTOS.
- Indemnification – User agrees to defend, indemnify and hold Haines, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User’s use of the Web Site, the violation of the HTOS by User, or the infringement by User, or other user of the Web Site using User’s computer, of any intellectual property or other right of any person or entity.
- Modification; Termination – Haines may modify or terminate the HTOS or Web Site with or without cause at any time. Haines shall not be liable to User or any third party for modification or termination of the Web Site or HTOS. User’s continued use of the Web Site constitutes an affirmative: (i) acknowledgement by User of the HTOS and/or Web Site and its modifications, and (ii) agreement by User to abide by and be bound by the HTOS and/or Web Site and its modifications. Should User object to the Web Site, the HTOS or any subsequent modifications thereto, User’s only recourse is to immediately: (x) discontinue use of the Web Site; (y) terminate Web Site membership; and (z) notify Haines of such termination. Upon termination of the Web Site membership, User shall cease all use thereof and shall have no right to receive, and Haines will have no obligation thereafter to forward, any unread or unsent messages to User or any third party.
- Notice – All notices to a party shall be in writing and be made either via email or conventional mail. Haines may post notices or messages through the Web Site to inform User of changes to the HTOS, the Web Site, or other matters of importance.
- Proprietary Rights to Content – User acknowledges that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material presented to User by the Web Site and resident thereon (“Content”), is protected by copyright, trademark, patent or other intellectual property or trade secret law. User is only permitted to use this Content as expressly authorized by the Web Site and may not copy (other than page caching), reproduce, distribute, modify, mirror or create derivative works from this Content without the express written authorization of Haines. “Haines & Company, Inc.”, the “Haines” logo, “Criss+Cross” and “Criss+Cross Plus” are registered trademarks of Haines & Company, Inc. User agrees not to use any meta-tags or any other “hidden text” utilizing Haines’ name or trademarks without the express written consent of Haines. Nothing contained herein shall be construed as conferring upon User any license or right under any Haines copyright, patent, trademark or trade secret.
- Confidentiality – Any material or information, including but not limited to, Job specifications, prices, quotes, status of Job orders, or delivery schedules, provided by Haines in connection with the use of this Web Site shall be proprietary and confidential information of Haines and neither User nor any other person shall use such information for their own benefit, and User shall not disclose any such information to any other person or entity unless specifically authorized to do so in writing by Haines.
- Linked Sites and Endorsements – This Web Site may contain links to other Internet sites not under the control of Haines and accordingly, Haines (x) makes no representations whatsoever concerning the content of those sites, and (y) specifically disclaims any endorsement, authorization or sponsorship thereof. Haines is providing these links only as a convenience to User.
User agrees: (i) not to use any of Haines’ names, logos, designs, slogans, trademarks, or service marks in or with User’s links; (ii) not to present a link to the Web Site in any way that suggests Haines has any relationship or affiliation with User’s site or endorses, sponsors or recommends the information, products or services on User’s site; (iii) to only link to the home page of this Web Site; and (iv) not to incorporate any content from this Web Site into its site through in-lining, framing, or any related technique.
- Miscellaneous – The HTOS shall be governed by and construed in accordance with the laws of the state of Ohio, excluding its conflict of law provisions. User and Haines agree to submit to the exclusive jurisdiction of the courts of Stark County, or any federal court located within the Northern District of Ohio, and User waives any objection based on forum non conveniens or venue with respect to such jurisdiction in Ohio. If any provision(s) of the HTOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Haines’ failure to exercise or enforce any right or provision of the HTOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Haines in writing. User agrees that any claim against Haines arising out of or related to this Web Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the HTOS are solely used for the convenience of the parties and have no legal or contractual significance.