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Welcome to Haymat Enterprises Inc.'s web site, haymatent.com. The goal of this web site is to provide access to our selection of self defense products for home, auto, and personel use to as wide an audience as possible. To ensure a safe, pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. By accessing any areas of haymatent.com, you agree to be legally bound and to abide by the terms set forth below. We hope you enjoy your visit to the site. Disclaimers and Limitation of Liability YOU EXPRESSLY AGREE THAT USE OF haymatent.com IS AT YOUR SOLE RISK. YOU MUST BE 18 YEARS OR OLDER TO REGISTER AS A MEMBER. NEITHER THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT haymatent.com WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF haymatent.com, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH haymatent.com; EXCEPT THAT THE COMPANY DOES GUARANTEE (THROUGH ITS "100% SATISFACTION GUARANTEE") THAT IF, FOR ANY REASON, AT ANY TIME, YOU ARE LESS THAN 100% SATISFIED WITH A PRODUCT YOU HAVE PURCHASED FROM US, YOU MAY RETURN IT FOR EXCHANGE OR FULL REFUND. haymatent.com IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE ANY WARRANTY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING haymatent.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE haymatent.com, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM haymatent.com OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH haymatent.com. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CONTENT Proprietary Rights You acknowledge that haymatent.com contains information, data, software, photographs, graphs, typefaces, graphics, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. Distribution/Uploading of Third Party Content Except as set forth in the section above entitled "Proprietary Rights," you may upload to or otherwise distribute on haymatent.com only Content that is not subject to any copyright or other proprietary rights protection of any third party (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit. You, not the Company, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any user, you automatically grant, or warrant that the owner of such Content has expressly granted the Company the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, adapt, create derivative works from and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. You also permit any other user to access, store, or reproduce the Content solely for that user's personal use. Subject to this grant, the owner of Content placed on haymatent.com retains any and all rights which may exist in such Content. Copyright Agent The Company respects the rights of all copyright holders and in this regard it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Company's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; d. Information reasonably sufficient to permit us to contact the complaining party; e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f. A statement that the information in the notifications accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Company's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Third Party Content The Company is a distributor and not a publisher of the Content supplied by third parties and you. The Company does not have editorial control over such Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Content expressed or made available by third parties, including Providers, Merchants, Sponsors, Licensors, or any other user of haymatent.com are those of the respective authors or distributors and not of the Company or its affiliates or any of its officers, directors, employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER USER OF haymatent.com, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. In many instances, the Content available through haymatent.com represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor, or user not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on haymatent.com by anyone other than authorized Company employees. Under no circumstances shall the Company, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by your reliance on information obtained through haymatent.com. It is your responsibility to evaluate the information, opinion, advice, or other Content available through haymatent.com. The Company's Rights The Company may elect, but is not obligated, to electronically monitor areas of haymatent.com and may disclose any Content, records, or electronic communication of any kind and information you provide to haymatent.com (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of the Company, its users, Sponsors, Providers, Licensors, or Merchants. The Company is not responsible for screening, policing, editing, or monitoring such Content. Subject to the provisions above under "Copyright Agent", if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from haymatent.com. The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither the Company, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on haymatent.com. Online Conduct Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying haymatent.com will not be permitted. You agree to use haymatent.com in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through haymatent.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content, or attempt to do any such acts. You agree that you will not use haymatent.com to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of the Company, its affiliates its Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. Public and Private Communications The Company does not screen public communications on the site by its users in advance. The Company is not responsible for your submissions or responses. Any product concept or ideas submitted by you to haymatent.com will be considered public and nonproprietary. The Company will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. The Company reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law or in violation of these Terms of Use. Privacy Policy At the Company, we recognize and respect the importance of maintaining the privacy of our customers and members and have established a privacy policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. We encourage you to carefully read our Privacy Policy. Click here to link to our Privacy Policy. Your Security and Privacy Indemnity You agree to indemnify, defend and hold harmless the Company and its Associates from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), alleging or resulting from your use (or use by any third party using your account) of haymatent.com violation or breach of the Terms of Use. Termination of Usage The Company may terminate your access, or suspend your access to all or part of haymatent.com, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party Provider, Merchant, Sponsor, Licensor, content or service provider, or the Company. Applicable Laws haymatent.com is controlled by the Company from its offices within the United States of America. The Company makes no representation that Content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this site, the services provided through this site or the Content shall be governed by the internal substantive laws of the State of Illinois. Agreement to Terms of Use and Changes This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and haymatent.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the haymatent.com site. We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting. By accessing haymatent.com after changes are made to the Terms of Use and posted on the site, you agree to be legally bound and to abide by the amended terms. Priv At Haymat Enterprises Inc., we recognize and respect the importance of maintaining the privacy of our customers and registered users (members). This Privacy Policy describes why we gather customer and member information, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of that information. This Privacy Policy is part of the Terms of Use, which governs your use of haymatent.com. Note:You must be 18 years or older to register as a member of www.haymatent.com. Why do we gather information? Since our inception, Haymat Enterprises Inc. has consistently provided our customers with quality goods and excellent customer service. We gather personal information to allow us to process your orders, to enhance and personalize your shopping experience and to inform you of special offers and discounts. What information do we gather? When you order from our Web site, we collect the following information: your name, telephone number, email address, billing information (credit card number, expiration date and billing address), products purchased, any relevant promotion code and information and, if relevant, the recipient's name, address and telephone number. Information you enter is collected even if you cancel or do not complete an order. Also, if you register as a member, we request your name, address, phone number, email address, and other information set forth on the Member Registration Page. How we use "cookies"? A "cookie" is a small file stored on your computer by a Web site that gives you a numeric user ID and stores certain information about your activity on the site. We use cookies to let us know if you are a previous customer and also to provide certain features to you, such as storing information on your product selections as you shop on our site. We do not store any personal or financial information about you using cookies. Most web browsers automatically accept cookies, and most also allow you to instruct your browser to prevent the use of cookies. However, if you disable this feature certain aspects of www.haymatent.com, such as the shopping basket, will not function properly. How we use the information we collect about you? We use information we collect from you to process your orders, to provide an enhanced and more personalized shopping experience and to inform you of offers and discounts from Haymat Enterprises Inc., or other sites and companies owned by Haymat Enterprises Inc. In addition, we periodically make such information, including aggregated information, available to selected third parties including but not limited to, those who trade or rent information for direct marketing purposes. We may disclose any information you provide to Haymat Enterprises Inc. when we believe disclosure to be appropriate to comply with any law, regulation, or governmental request, or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this web site; or (iii) to protect the rights or property of Haymat Enterprises Inc., its users, Sponsors, Providers, Licensors, or Merchants. Links Haymat Enterprises Inc. wants you to be aware that when you click on links and/or ad banners that take you to third-party Web sites, you will be subject to the third parties' privacy policies, not ours. While we support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties. We encourage you to read the posted privacy statement and user terms and conditions whenever interacting with, and prior to providing any personal information to, any other Web site. Your Security Our Web site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the site is viewed using Microsoft's Internet Explorer or Netscape Navigator. However, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. Although we make reasonable efforts to safeguard your personal information once we receive it, we cannot warrant the security of information you transmit to us. Corrections If you would like to update or correct information previously provided to us, please send an e-mail with your new information to info@haymatent.com. Your Consent and Changes to this Policy Subject to the above provisions, by using our Web site, you consent to the collection and use of information by us and the terms of this Privacy Policy. We may change our Privacy Policy from time to time and we will post those changes so that you are always aware of what information we collect, how we use it, and under what circumstances we may disclose it. In addition, if you would like notice of changes to the Privacy Policy or Terms of Use, email us at info@haymatent.com from the email address to which you would like notice sent. By using haymatent.com after such changes and posting, you agree to be legally bound and to abide by the changes and other provisions contained in the Privacy Policy and Terms of Use Your Comments Haymat Enterprises Inc. welcomes feedback concerning its privacy policy. Please send your comments and questions to info@haymatent.com. Copyright (c) 2008 Haymat Enterprises Inc. |