Hayes Fusion Online Terms and Conditions
Hayes IS INC (“hayesfusion.com”) offers and provides the web pages available at this world wide web site at www.hayesfusion.com (the “Website”) to Hayesfusion.com members and the general public.
Please read these terms and conditions of use carefully when accessing the website. By accessing the website, you signify your agreement to these terms and conditions. If you do not agree to these terms and conditions, please do not use or access this website. In addition, if you register as a member of the website or any portion thereof, you are expressly agreeing to these terms and conditions in the registration process.
The Internet and this Website are constantly evolving. Hayesfusion.com reserves the right to at any time change or modify these Terms and Conditions of Use or to impose new conditions with respect to your use of this Website. Hayesfusion.com shall also have the right at any time to change or discontinue any aspect of or feature of this Website, including but not limited to content, functionality, and means of access or use. Such changes, modifications, or additions shall be effective immediately upon notice to you, which may be given by means including but not limited to posting on these Terms and Conditions of Use or elsewhere on the Website, electronic mail, or any means by which you obtain actual knowledge.
Registration:
When you register for a My Account you gain access to many helpful online tools such as express checkout, address book, manage email, online orders and much more. To use these tools you may be asked to provide additional information about you and your company. The information that you provide as a registered My Account user is sometimes referred to as “User Content”. As a My Account user you also have the opportunity to register your credit cards to help make your online shopping on our website quicker and easier. These tracked and recorded purchases are called your “Purchase History”.
Your registration and use of your My Account is governed at all times by our Terms and Conditions, our Privacy Policy and our Warranty and Returns Policy.
Privacy Policy: Hayesfusion.com collects and uses personally identifiable information in accordance with the Privacy Policy posted at www.hayesfusion.com/privacy-policy/
User Conduct:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted (including e-mail), are the responsibility of the person from which such Content originated. You acknowledge and agree that you, and not hayesfusion.com, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the to the Website. You hereby grant hayesfusion.com an irrevocable, perpetual, royalty-free, worldwide non-exclusive license to use, reproduce, distribute and crate derivative works from any Content which you post or otherwise submit to hayesfusion.com via the Website. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the Content posted to the Website. By way of example, and not as a limitation, you agree not to take the following actions, or allow another person to use your account, to take the following actions:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- impersonate any person or entity, including, but not limited to, a representative of hayesfusion.com
- Post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Post or otherwise transmit any material that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Interfere with or disrupt the operation of the Website or servers or networks hosting or connected to the Website.
Trademarks:
HAYES® and Hayeswelding® logo, the color(s) orange and grey is/are claimed as feature of the mark and registered trademarks of Hayes IS inc. The marks include the words “HAYES” in grey font, the “H” in the center of an orange bullseye design which is bisected by the letter.
Disclaimers:
You acknowledge that hayesfusion.com does not own, operate or manage the Internet; the Internet is a separate network of computers, independent of and not subject to the control of hayesfusion.com; communications on the Internet may not be secure and may be subject to interception or loss; certain Content available on the Internet is copyrighted and may have been distributed in violation of copyright laws. You further acknowledge that hayesfusion.com has no obligation to review the Content posted on the Website.
You acknowledge and agree that your use of the Site is entirely at your own risk. Under no circumstances will hayesfusion.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Website. In no event shall hayesfusion.com or any other party involved in creating, producing, maintaining, or delivering the Site be liable in any manner for any damages nor for any other remedies or liabilities, in any manner arising out of or in connection with your use of the Site.
Accordingly, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You expressly accept and assume all risks associated with all of the foregoing. hayesfusion.com does not guarantee continuous, uninterrupted or secure access to the Website, and operation of the Website may be interfered with by numerous factors outside of our control. Hayesfusion.com also assumes no responsibility and shall not be liable for any damages or loss due to computer viruses or similar hazards that may infect your computer equipment or other property in connection with your use of the Site or any Content. You expressly accept and assume all such risk.
Please note that some jurisdictions may not allow all of the above exclusions of implied warranties, so certain of the foregoing exclusions may not apply to you (although you agree to be bound by such exclusions to the fullest extent permitted by applicable law). These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law provisions. Any legal action or proceeding arising out of or relating to these Terms and Conditions or the Website shall be exclusively subject to the jurisdiction of the federal courts of the United States of America. Use of this Website is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms and Conditions of Use, including without limitation this paragraph.
If you are dissatisfied with any portion of the website, or with any of these terms and conditions of use, your sole and exclusive remedy is to discontinue using this website.
Website Disclaimer
Improvement
Hayes Industrial Solutions, Inc. reserves the right to make any changes in or improvements on its products without incurring any liability or obligation to update or change previously sold machines and/or the accessories.
Property Rights
All proprietary rights pertaining to the design, colors, and branding, are exclusively the property of Hayes Industrial Solutions, Inc.
Disclaimer of Liability
Hayes Industrial Solutions, Inc. accepts no responsibility of liability for fusion joints. Operation and maintenance of the product is the responsibility of operators. We recommend qualified joining procedures to be follow when using Hayes fusion equipment. Hayes makes no further warranty of any kind whatsoever, express or implied; and all implied warranties of merchantability and fitness for a particular purpose which exceed the obligation are hereby disclaimed by Hayes Industrial Solutions, Inc.