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Terms of Use |
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PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this Web Site, you signify your acceptance of the provisions of HMH Offroad, Inc.'s (“HMH”) Terms and Conditions of Use, which follow. If you do not agree to the terms of this Agreement, please do not use the Site and exit the Site immediately. HMH reserves the absolute right to modify the terms of this Agreement. As well as the right to change or discontinue any aspect or feature of this Web Site or products and services offered by HMH. Your continued use of the Site following the posting of changes to these Terms and Conditions, the Web Site or products and services will mean that you accept the provisions and changes as made.
Privacy
By using this Web Site, you acknowledge having read and hereby agree to all terms and conditions of HMH’s Privacy Policy, which is hereby incorporated herein as though set forth in full.
Use
The materials on this Web Site are provided for informational purposes only. The materials on this Web Site are Copyright © 2007 HMH OFFROAD, INC. You are authorized to view, copy, print and distribute these materials subject to the terms and conditions set forth herein. The materials may not be used for any unlawful purpose or in violation of this Agreement.
Disclaimer of Warranties
HMH, its employees, agents, partners or affiliate companies make no representation as to the suitability of the information contained on this Web site for any purpose. No warranty is made that this Web Site and its operation will be error free, uninterrupted, reliable, or accurate.
Reliance on any material presented on this Web Site is at your own risk. HMH shall not be liable for the content of this Web Site, any information contained there in, any delay, failure, interruption, or corruption of any data transmitted in connection with the use of this site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. HMH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR HMH’S PRODUCTS OR SERVICES.
Limitation of Liability
In no event shall HMH be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages arising out of or in connection with the use of this Web Site or any other web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information even if HMH has been specifically advised of the possibility of such damages whether based on contract, tort, strict liability or otherwise. HMH shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. one hundred dollars ($100.00).
Non Confidentiality
Except as set forth in our Privacy Policy, all suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind sent to us shall be deemed and shall remain the sole and absolute property of HMH and such suggestions, ideas, notes, computer programs, data, drawings, concepts or other information shall not be subject to any obligation of confidence and HMH shall not be liable for any use or disclosure.
Termination
HMH may modify or discontinue this Site, with or without notice. Termination of use of this Site shall not affect any right or relief to which HMH is entitled, at law or in equity. HMH may immediately terminate your use of this Site if HMH reasonably believes that there has been a violation or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of HMH or any third party, or for any reason with or without further notice. HMH will not be liable to you or any third party resulting from such modification or discontinuation. The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law,” and “General Provisions” shall survive the termination of this Agreement.
Terms of Sale
All sales of products are expressly conditioned on your acceptance of HMH’s Standard Terms and Conditions of Sale, a copy of which is available on HMH’s website or by calling HMH and which terms and conditions are incorporated herein as though set forth in full.
Attorney's Fees
If HMH institutes action to enforce any of the provisions of these Terms and Conditions, HMH shall be entitled to recover in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys' fees and any costs of any litigation.
Choice of Law
These Terms and Conditions shall be governed by the laws of the state of
Ohio. To the extent allowed by applicable law, any claims or causes of action arising from or relating from the use of this Site as contemplated by
these Terms and Conditions must be instituted within one year from the
date upon which such claim or cause arose or accrued. Any such claim or
cause of action may only be brought in the state or federal courts
located in Summit County, Ohio.
General Provisions
If any provision of these Terms and Conditions is found to be invalid by
A court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals whether oral, written or electronic with respect to the Site and the subject matter of these Terms and
Conditions.
© HMH Offroad, Inc. All rights reserved.
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Last Updated ( Sunday, 11 March 2007 )
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terms of use 
