Terms
of Use
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The following
Terms of Use contain the complete terms and conditions that apply
to an individual's or entity's use of the Henry's Half-Tons Ltd. site.
As used in this Agreement, "We," "Us" or "Our"
refers to Henry's Half-Tons Ltd. and "You" or "Your"
refers to the user. "Site" means any Henry's Half-Tons Ltd.
site posted on the World Wide Web.
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Acceptance
of Terms and Conditions
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Use
of Our Site constitutes Your acceptance of these terms and conditions
and Your waiver of any and all claims against Henry's Half-Tons
Ltd. its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our
Site or any materials, information, opinions or recommendations
contained on Our Site.
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Modification
We may modify any of the terms and conditions in these Terms of Use,
at any time and in Our sole discretion, by posting a change notice
or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR
CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
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Copyright
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Use.
All content included on Our Site, such as text, graphics,
logos, button icons, images, audio clips and software, is Our
property or that of Our content suppliers and is protected by
U.S. and international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all content on Our
Site is Our property protected by U.S. and international copyright
laws. All software used on Our Site is Our property or that of
Our software suppliers and is protected by U.S. and international
copyright laws. You may electronically copy and print in hard
copy portions of Our Site for the limited purpose of placing an
order with Us or using it as a shopping resource. Any other use-including
reproduction for purposes other than those noted above, modification,
distribution, transmission, republication, display or performance-of
the content on a Site without Our prior written permission is
strictly prohibited.
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Penalty.
Unauthorized copying of the software, or failure to comply with
the above restrictions, may result in severe civil and criminal
penalties. Unauthorized duplication of the software constitutes
copyright infringement and, in the United States, is punishable
in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil
penalties allow the recovery of actual damages based on the number
of copies produced plus the profits of the infringer, or statutory
damages of up to U.S.$100,000 for willful copyright infringement.
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Disclaimer
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS
AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES
ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN
ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE
OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
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Confidential
Information
We do not accept or consider unsolicited material, product suggestions
or original or creative ideas (collectively, "Materials")
submitted through Our Site. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the
Materials as confidential, and We will not be liable for any use or
disclosure of such Materials. Without limitation, We will own the
exclusive rights to the Materials and will be entitled to unrestricted
use of the Materials for any purpose, commercial or otherwise, without
compensation to the submitter of such Materials.
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Limitation
of Liability
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION
WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT
TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY,
FOR ACCESSING OUR SITE.
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Indemnification
You will defend and hold harmless Henry's Half-Tons Ltd its parents,
subsidiaries, affiliates, contractors, agent, officers, directors
and employees against all claims, losses, damages, liabilities, costs
and expenses (including reasonable attorneys' fees and costs) made
due to or arising out of a violation of these Terms of Use or Your
use of this Site, including, without limitation, any claim arising
out of unauthorized links to Our Site.
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Miscellaneous
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Nonwaiver. If we fail to insist upon or enforce strict performance
of any provision or right under the terms and conditions of these
Terms of Use, it will not be construed as a waiver of any provision
or right; rather, the same will be and remain in full force and
effect.
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Choice
of Law. These Terms of Use will be interpreted, construed
and enforced in all respects in accordance with the laws of the
State of Washington to the exclusion of any other law which may
be imputed in accordance with choice of law rules applicable in
any jurisdiction. The 1980 U.N. Convention on Contracts for the
International Sale of Goods or any successor thereto does not
apply to these Terms of Use. For any suit or claim pertaining
to these Terms of Use or any information furnished hereunder,
You irrevocably consent to the jurisdiction and venue of any state
or federal court sitting in King County, Washington, USA, and
You will not commence an action or proceeding relating to the
subject matter of these Terms of Use in any other jurisdiction.
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English
Language Governs. It is the express wish of the parties that
these Terms of Use be drawn up in English. C'est la volonté
explicite des parties que ces termes d'usage soient rédiger
en anglais.
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Independent
Contractor. These Terms of Use will not be interpreted or
construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership
or franchiser obligation or liability on either party.
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Compliance
With Laws. You will comply at Your own expense with all statutes,
regulations, rules, ordinances and orders of any governmental
body, department or agency that apply to or result from Your use
of Our Site.
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Severability.
If any provision of these Terms of Use will be unlawful, void
or for any reason unenforceable, then that provision will be deemed
severable from and will not affect the validity and enforceability
of any remaining provisions.
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Privacy.
Henry's Half-Tons Ltd. is committed to providing our readers
with outstanding content quality. Our Privacy Policy continues
our commitment to serve you and to protect your privacy online.
This privacy statement discloses the privacy practices for the
Henry's Half-Tons Ltd. website.
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"All
of the information you provide will be held in strict confidence!
We will not sell, rent or provide any of it to any outside
source. When you email us, your email address will be held
in strict confidentiality."
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8.7.1
Policy Statement Changes. We reserve the right to change our
Privacy Policy from time to time without prior notice.
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