These Terms of Use were last updated on 09/03/2019.
PLEASE READ CAREFULLY! BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
Welcome to the Terms of Use for Heavy Equipment Armor, LLC (“we” or “us” or “Heavy Equipment Armor”) website located at www.hearmor.com (this “Website”). By using this Website, you agree to be bound by the terms and conditions set forth in these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website.
Modifications
We may update or modify these Terms of Use at any time. When we modify these Terms of Use, we will incorporate the modifications into this document and will revise the “last updated” date at the top of this web page. Modifications to these Terms of Use will automatically be effective two (2) days after they are initially posted on this Website. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posted changes to the Terms of Use constitutes acceptance of those changes.
We may update this Website at any time. While we endeavor to keep this Website’s descriptions of our products and related services up to date, you should verify this information with your local dealer. To locate your closest dealer, visit www.hearmor.com and select on dealer locator.
Scope of Use
We invite you to view, use and download small portions of the product descriptions, other data, text, graphics, software, audio and video files and photos on this Website (“Content”) for your informational, non-commercial use, provided that you leave all the copyright, trademark, and other proprietary notices intact. You shall not modify, display or distribute this Website or any portion thereof without written permission.
Rules of Conduct
Certain areas of this Website may permit you to upload or post Content (such as messages and feedback), or to otherwise interact with this Website and its participants. It is a violation of these Terms of Use for any user (including you), when using this Website to:
(a) use this Website for illegal purposes or in violation of any applicable laws or regulations;
(b) upload, post, e-mail or distribute any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, post, e-mail or distribute the proprietary information of another (whether protected by copyright, trademark, trade secret, right of publicity or other proprietary right) without the express permission of the owner of such right; any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from accessing or using this Website;
(d) copy, sell, resell or exploit for commercial purposes, any portion of this Website, provided that you may use items of Content in accordance with the Scope of Use section above;
(e) upload, post, e-mail or distribute any Content that is unlawful, deceptive, misleading, false, counterfeit, stolen, threatening, harassing, abusive, obscene, pornographic, defamatory, racially or ethnically objectionable, or in violation of the personal privacy rights of another;
(f) intentionally forge headers, manipulate identifiers or otherwise engage in any activities intended to withhold or cloak a user’s identity or contact information;
(g) upload, post, e-mail or distribute any Content that contains software viruses, trap doors, hot keys, time bombs or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website;
(i) use any robot, spider, other automatic device, or manual process to monitor or copy any Website pages or any Content without our prior express written permission;
(j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure as determined by us in our sole discretion;
(k) send unsolicited commercial messages or communications in any form (spam);
(l) de-compile, disassemble, reverse engineer or otherwise attempt to discover the source code or trade secrets of this Website; or
(m) assist or permit any persons in engaging in any of the activities described above.
Each user of this Website, including you, (a) is responsible for the Content that he or she creates and submits to this Website, and the consequences of its use or submission; (b) is responsible for ensuring that the Content that the user transmits and receives through this Website complies with all applicable laws and regulations (including those relating to export control) and these Terms of Use; and (c) is responsible for ensuring that all Content the user transmits to this Website is accurate, truthful, up-to-date and complete.
We may preserve Content and may also disclose Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Website users, the public and us.
User Submissions
By submitting Content to this Website (such as feedback), you grant to us a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Content for any purpose, and waive any moral rights and publicity rights in such Content.
Usage Monitoring
Heavy Equipment Armor does not pre-screen the Content you submit to this Website, and Heavy Equipment Armor shall not be responsible for policing, monitoring or editing such Content. Heavy Equipment Armor shall have the right, but not the obligation, to monitor Content and use of this Website to improve its performance, for legal and regulatory requirements, and to determine compliance with these Terms of Use and other applicable policies and procedures of Heavy Equipment Armor. Heavy Equipment Armor shall have the right in its sole discretion to refuse to post or to remove any Content on this Website that it believes to be in violation of these Terms of Use or which it finds to be otherwise objectionable for any reason, without any liability to you. Heavy Equipment Armor will look into possible violations when information that is sufficient to warrant an investigation is brought to Heavy Equipment Armor’s attention.
Pricing
Heavy Equipment Armor may choose to list manufacturer suggested retail pricing or promotion pricing of its products and services. Heavy Equipment Armor, LLC reserves the right to change product prices, specifications or options at any time without prior notice. The listed prices do not include freight, dealer prep, surcharges, sales tax or options and accessories. The selling dealer will determine the final sales price. Pricing is country specific.
Specifications
Certain specification(s) are based on engineering calculations and are not actual measurements. Specification(s) are provided for comparison purposes only and are subject to change without notice. Specification(s) for your individual Heavy Equipment Armor equipment will vary based on normal variations in design, manufacturing, operating conditions and other factors.
Warranty
Products are warranted as set forth in the Limited Warranty terms found elsewhere on this website.
Trademark and Intellectual Property Protection
The Heavy Equipment Armor trademark and logo are registered trademarks of Heavy Equipment Armor, LLC. Unauthorized use of any Heavy Equipment Armor trademarks, service marks or logos may be a violation of federal and state trademark laws.
Heavy Equipment Armor and/or its licensors own all intellectual property rights in this Website. This Website is protected by U.S. and international copyright laws. Except as expressly described in the “Scope of Use” section above, you may not modify, reproduce, perform or display (a) the content on this Website; (b) the design or layout of this Website, or individual sections of the design or layout of this Website; or (c) Heavy Equipment Armor trademarks, service marks or logos without our written permission.
Please see this Website for our additional policies, including, without limitation, our procedures relating to Copyright Infringement all of which are incorporated herein by reference.
Links
This Website may contain links to websites operated by other parties. The linked sites are not under the control of Heavy Equipment Armor, and Heavy Equipment Armor is not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply Heavy Equipment Armor’s endorsement of material on any other site, Heavy Equipment Armor disclaims all liability with regard to your access to such linked sites. Heavy Equipment Armor provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.
Unless otherwise set forth in a written agreement between you and Heavy Equipment Armor, you may link your website to the home page of our Website, provided that you adhere to the following linking policy: (i) any link to Heavy Equipment Armor’s Website must be a text only link and clearly marked “Heavy Equipment Armor Company Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Heavy Equipment Armor’s name and trademarks, (iii) the link must “point” to the URL http://www.hearmor.com and not to other pages within the Heavy Equipment Armor Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Heavy Equipment Armor, LLC, (v) when selected by a user, the link must display the Heavy Equipment Armor Website on full-screen and not within a “frame” on the linking site, and (vi) Heavy Equipment Armor reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Violations
Heavy Equipment Armor reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including suspending or blocking your access to this Website.
Governing Law and Miscellaneous
The laws of the State of Idaho shall govern these Terms of Use. This Website is operated by Heavy Equipment Armor from the United States of America. Heavy Equipment Armor makes no representation that the information in this Website is appropriate or available for use in other locations, and access to the Heavy Equipment Armor Website from territories where the content of the Heavy Equipment Armor Website may be illegal is prohibited. Those who choose to access the Heavy Equipment Armor Website from other locations do so on their own initiative and are responsible for compliance
with applicable local laws. These Terms of Use constitute the entire agreement between Heavy Equipment Armor and you with respect to the http://www.hearmor.com Website.
Arbitration
Any controversy or claim arising out of or relating to these Terms or Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Kootenai County, Idaho, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, Heavy Equipment Armor s may obtain from a court any interim or provisional relief that may be necessary to protect Heavy Equipment Armor’s rights or property.
Questions
If you have any questions about our Terms of Use, please contact us.
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