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Terms & Conditions

Acceptance of Terms and Conditions

The following are terms of a legal agreement between any user of this website ("User" or "You") and Hart & Cooley, Inc. ("Hart & Cooley"). By accessing, browsing and/or using this site ("Site"), User acknowledges having read, understood, and hereby agrees, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Hart & Cooley from its offices within the State of Michigan, United States. It can be accessed from all fifty (50) states and other countries of the world, but products are for sale or license on this Site only for U.S. customers and shipping destinations. Users who choose to access this Site from locations outside the U.S. do so on their own initiative and are responsible for compliance with applicable local laws.

Applicable Laws

Any claim relating to this Site, and the use of this Site and the materials contained herein is governed by the laws of the State of Michigan, United States, without regard to conflict of law principles. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Kent County, Michigan, with respect to such matters.


Trademarks and Copyrights

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Hart & Cooley and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Trademarks of Hart & Cooley may not be used in any way, without prior written permission of Hart & Cooley. Hart & Cooley prohibits use of any Hart & Cooley Trademark as a "hot" link to this Site or any Hart & Cooley site without prior written permission of Hart & Cooley.

Confidential Information

Certain qualified individuals and businesses (“Qualified Users”) may be entitled to access and/or download certain pricing information and other confidential information from this Site (collectively, “Confidential Information”). Qualified Users may include current employees of Hart & Cooley, and Hart & Cooley’s authorized distributors, authorized manufacturer's representatives, and authorized agents, however, Hart & Cooley reserves the right to determine, in its sole and absolute discretion, whether any particular user of this Site will be considered a Qualified User. Qualified Users will be given a username and password in order to access the Confidential Information and shall be required to keep all Confidential Information strictly confidential. In addition, by accepting these Terms of Use, all Qualified Users who access or download any Confidential Information expressly agree:

  1. not to directly or indirectly disclose any portion of the Confidential Information to any third party without the prior written consent of Hart & Cooley;
  2. not to copy or reproduce any portion of the Confidential Information;
  3. not to use or exploit the Confidential Information in anyway except for the evaluation of proposed purchases from Hart & Cooley;
  4. to promptly return all materials and documentation containing the Confidential Information upon request of Hart & Cooley;
  5. to take all necessary precautions to protect the confidentiality of the Confidential Information and exercise at least the same degree of care in safeguarding the Confidential Information as the Qualified User would with its own confidential information of like kind;
  6. to promptly advise Hart & Cooley in writing upon learning of any unauthorized use or disclosure of the Confidential Information; and
  7. not to alter, modify, disassemble, reverse engineer, or decompile the Confidential Information, except as specifically authorized in writing by Hart & Cooley.

Any Qualified User who breaches any of the foregoing provisions shall be liable to Hart & Cooley for all damages which Hart & Cooley may suffer as a result of such breach (including reasonable attorney fees and costs). In the event of such breach, Hart & Cooley shall also be entitled to injunctive relief, and any other relief to which it is entitled at law or in equity.

Links to Third Party Sites

This Site contains links to third-party sites. The linked sites are not under the control of Hart & Cooley and Hart & Cooley is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such linked sites, or any transmission from any linked site. Hart & Cooley is providing these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by Hart & Cooley of the site.

Use Restrictions

The copyright in all material provided on this Site is held by Hart & Cooley or by the original creator of the material. Except as stated herein, none of the material, and no Confidential Information, may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hart & Cooley or the copyright owner. You also may not, without prior written permission from Hart & Cooley, "mirror" any material contained in this Site on any other site.

Disclaimer of Warranty

WHILE HART & COOLEY USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, EACH OF WHICH IS HEREBY DISCLAIMED. HART & COOLEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. Hart & Cooley's obligations and responsibilities regarding Hart & Cooley products or services are governed solely by the agreements under which they are sold or licensed. Hart & Cooley does not guarantee availability of individual part numbered products listed herein. Product availability must be confirmed at time of order. Product orders are subject to acceptance or rejection by Hart & Cooley.

Limitation on Liability

IN NO EVENT SHALL HART & COOLEY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HART & COOLEY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE OR ANY INFORMATION CONTAINED ON IT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Site Registration Information Encryption/Security

The registration area of this Site offers industry standard security measures available through the Buyer's browser. Other areas of this Site are available to the general public. If a Site user obtains content requiring registration, a sales representative may contact the Site user to assist as requested or inferred by any request of information from Hart & Cooley.

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