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Terms of Use

Welcome to the hanold.net website ("Site"). If you do not accept these Terms ("Terms") immediately cease any further use this website. The user or viewing individual is "you" and "your." Please review the following basic rules that govern your use of the Site (the "Agreement"). Please note that your use of the Site constitutes your agreement to follow and be bound by said rules.

GENERAL

We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time. We may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Should any Terms be found unenforceable the remaining Agreement will remain in force a suitably worded amendment added holding the essence of the unenforceable Terms. While we make reasonable efforts to provide accurate and timely information about on this site, you should not assume that the information is always up to date or that the Site contains all relevant information regarding Barry Hanold. Barry Hanold is not responsible for any errors or omissions contained at the Site.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Barry Hanold. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Barry Hanold. The trademarks appearing at this Site are trademarks of Barry Hanold unless otherwise noted. The Contents of the Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of, any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

You agree not to provide a link to this Site nor to use Barry Hanold logos or images or photographs or likeness to hot-link to other sites or as hot-links to this Site without the prior written approval of Barry Hanold. You may not use Barry Hanold service marks or images or trademarks for any public or commercial purpose without the prior written consent of Barry Hanold.

Barry Hanold marks on this Site represent some of the marks currently owned or controlled in the United States and/or in one or more countries by Barry Hanold or under license to Barry Hanold. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Barry Hanold worldwide proprietary ownership rights, and Barry Hanold may own or control other proprietary rights in one or more countries outside of the United States. All rights are reserved.

USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Barry Hanold on, through or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Barry Hanold’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Barry Hanold of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Barry Hanold will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Any appearance of submission or receipt does not constitute Comments notice, service or receipt by Barry Hanold or agent. Barry Hanold is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Barry Hanold may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. Barry Hanold will have the right to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute any Comments throughout the world in any medium and through any method of transmission or distribution, whether now known or hereafter derived. You warrant that all "moral rights" in the Comments have been waived.

No Comments should be posted by minor children without parental consent.

PRODUCT INFORMATION

Barry Hanold products displayed at the Site are available while supplies last (no supply status information will be sent). Any prices or amounts displayed at the Site are quoted in U.S. Dollars unless other currency noted and are valid and effective only in the United States. Barry Hanold will deliver products displayed on this site only in the United States.

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site.  We have not utilized Pantone® or other standard system for color registration and reproduction.  However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEB SITES AND SERVICES

This Site contains links to outside services and resources are provided as a courtesy, the availability and content of which Barry Hanold does not control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. The appearance of a link does not imply that Barry Hanold endorses it or a connection between Barry Hanold, this Site and a link. You access linked sites at your own risk.

PRIVACY

We try to ensure that your ordering information, including your credit card number, is protected while you are on our site. However, we cannot make any blanket representations or guarantees concerning your privacy and security in the rapidly changing Internet environment. In the event of an unauthorized use of your credit card, notify your credit card provider or issuing bank in accordance with its stated reporting rules and procedures.

DISCLAIMER

THIS SITE AND ALL CONTENTS AND/OR ANY SERVICES OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT BARRY HANOLD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold Barry Hanold harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or any unauthorized use you may make of the materials on this Site. You acknowledge that your unauthorized use of these materials may cause irreparable harm to Barry Hanold and that in the event of an unauthorized use, Barry Hanold shall be entitled to an injunction in addition to any other remedies available in law or in equity.

TRADEMARKS

Microsoft and Windows belong to Microsoft Corporation.  WebEx belongs to WebEx.  There are other trademarks and they belong to their respective owners.

MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Barry Hanold's products and services available in the United States and select foreign markets. This Site is controlled and operated by Barry Hanold from its corporate office in New York, New York.  This Agreement shall be construed in accordance with the laws of The State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of The State of New York.

A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

TERMINATION

This Agreement is effective unless and until terminated by either you or Barry Hanold. You may terminate this Agreement at any time.  Your return at any point to this Site binds you by the Site Agreement. Barry Hanold also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Barry Hanold's sole discretion you fail to comply with any term or provision of this Agreement.  If you breach any Terms, your authorization to use this Site automatically terminates. Upon any termination of this Agreement by either you (any method) or Barry Hanold, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

CONSENT

By using hanold.net to purchase products, you consent to the collection and use of your purchasing information by Barry Hanold. This information is used to make your shopping experience more convenient.

revised 2007 November 1


 

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