Restrictions on Use of Our Online Materials
All Online Materials on the Hayes-graphics.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, music, and site functionality are copyrighted intellectual property. All usage rights are owned and controlled by Hayes-graphics.com. You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark, and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events, or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes except to design and purchase products from Hayes-graphics.com. You may not, however, copy, reproduce, republish, upload, post, transmit, or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, remove, distort, or misrepresent any content on the Hayes-graphics.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features are prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it are considered Online Materials, and are considered licensed to you by Hayes-graphics.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to, and ownership of, the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we don’t have to treat any such Submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Hayes-graphics.com mission, without compensating you or anyone else for them. Hayes-graphics.com has the unrestricted authority to publish, transmit, display, or otherwise use the Submissions for any purpose including, but not limited to, advertising and promotional purposes.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
MATERIALS ON THE SITE ARE BEING TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Hayes-graphics.com DOES NOT MAKE ANY WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS ON THE WEBSITE.
Hayes-graphics.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WOULD THEN MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE. TO PURCHASE PRODUCT ON OUR SITE.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such links are not an endorsement, approval, or agreement with any information or resources offered at sites you can access through our site. The links are provided for your convenience, and you access them at their own risk. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Hayes-graphics.com -operated site or have moved to another site. Hayes-graphics.com is not responsible for the content or practices of third party sites that may be linked to our site. When Hayes-graphics.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Hayes-graphics.com is connected with, operates, or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship, or support of any Hayes-graphics.com site or endorsement, sponsorship, or support of Hayes-graphics.com, including its respective employees, agents, or directors.
By using this website and/or transmitting any Submissions to Hayes-graphics.com, you agree to indemnify Hayes-graphics.com, as well as its officers, directors, employees, agents, affiliates, subsidiaries, and related companies against any and all claims, damages, losses, and causes of action arising out of your breach or alleged breach of this Agreement.
Termination of This Agreement
One of the reasons that Hayes-graphics.com may terminate this agreement at any time and without notice to you is, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination of this agreement, all warranties, indemnities, and limitations of liability will survive. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Hayes-graphics.com m is entitled to terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
This site is controlled and operated by Hayes-graphics.com from its offices located in De Pere, Wisconsin. Hayes-graphics.com does not represent or warrant that the materials on its site are appropriate or available for use in any other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for the compliance with any and all local laws. If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate Hayes-graphics.com and/or its affiliates’ intellectual property rights, Hayes-graphics.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Mosinee, Wisconsin. Any costs and fees other than attorney fees associated with the mediation will be shared equally by all parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Mosinee, Wisconsin, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, the parties agree that provision will be severed from this Agreement and the remaining provisions will remain in full force and effect.