These Website Terms are intended to govern your access to the Websites. If you choose to enter into the Service Terms to become a registered user of Hammerton and utilize its product offerings and services, you will be required to enter into the Service Terms with Hammerton. Please note that if you should choose to enter into the Service Terms with Hammerton, in the event of a conflict in the terms and conditions of the Service Terms and these Website Terms, the Service Terms will control with respect to any matters related to your use of the product offerings or services of Hammerton. In the event that both the Website Terms and the Service Terms are applicable and there is a conflict between the Website Terms and the Service Terms, the Service Terms shall control.
These Website Terms set forth the terms and conditions which apply to your use of the Websites (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads that are accessible on, downloadable through, or related to the Websites. Subject to the terms and conditions of these Website Terms, Hammerton grants you a non-exclusive, non-transferable, limited license to use and display the Websites for your personal or internal non-commercial use and not for resale or further distribution (“Limited License”). Without limiting the foregoing, you agree not to use the contents of the Websites for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Websites to any other person unless specifically permitted in writing by Hammerton. Except for this Limited License granted to you, we retain all right, title, and interest in and to the Websites, including all related Intellectual Property Rights (as defined below). The Websites and the Site Materials are protected by applicable intellectual property laws, including United States copyright law and international treaties. The term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights.
Hammerton reserves the right, at its sole discretion, to modify or replace these Website Terms at any time. If the alterations constitute a material change to these Website Terms, Hammerton will notify you by posting an announcement on the Websites. What constitutes a “material change” will be determined in Hammerton’s sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. USE OF THE WEBSITES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE WEBSITE TERMS AS MODIFIED. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE WEBSITE TERMS (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE WEBSITES.
Hammerton will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Websites. Hammerton reserves the right to modify, change, suspend or discontinue, temporarily or permanently, all or a part of the Websites at any time without notice, including, without limitation, the availability of any feature or content. Hammerton may also impose limits on certain features or restrict your access to any parts of the Websites without notice or liability to you. Hammerton will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Websites or the offerings on the Websites.
Hammerton does not provide you with the equipment to access the Websites. You are responsible for all fees charged by third parties to access the Websites (e.g., charges by internet service providers). You understand that the Internet is an unsecure medium and some websites may be hostile and attempt to infect your computer system or software, or trick you into divulging personal information for illegal purposes. Use of the Websites is at your own risk and Hammerton is not responsible for (i) any loss to you caused during or as a result of your visit to a third party web site; (ii) any fraudulent e-mail or any other fraudulent activity on the Internet; or (iii) any adverse consequences resulting from any virus, spyware or malware infecting your computer system, including without limitation, any loss of data, damage to your computer system, disclosure of personal information, identity theft or other adverse consequence. You understand that browser protection, anti-spyware, and anti-virus software can reduce risk on the Internet, but not eliminate it. You agree to take appropriate measures to protect yourself from web and e-mail fraud. You should not visit the Websites or any third party websites if you are not comfortable that your computer system will be able to detect and protect itself from malware and that you will be able to protect yourself from fraud on the Internet.
You must comply with all applicable laws and all provisions of these Website Terms when using the Websites. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:
• store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other Site Materials or compile or collect any Site Materials as part of a database or other work;
• use any automated tool, programs, robotic algorithms or products to automatically download or “spider” the Websites or any portion thereof;
• use the Websites or Site Materials for any purpose except for your own personal use;
• take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of the Websites or conduct any activities on the Websites intended to circumvent, bypass or disable any digital rights management, usage rules, or other security features of the Site or bypass any measures we may use to prevent or restrict access to the Websites;
• use the Websites in a manner that threatens the integrity, performance, or availability of the Websites;
• remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Websites or the Site Materials;
• “deep-link” to the Websites or any portion there-of, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) pages of the Websites for any purpose;
• create any frames at any other web sites pertaining to or using any of the Site Materials for any purpose;
• use the Websites for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
• transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
• create or submit unwanted email or spam to any other users or any URL;
• violate any laws in your jurisdiction (including but not limited to copyright laws);
• use any information obtained from the Websites in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
• attempt to impersonate another user or person.
Hammerton reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates these Website Terms and terminate your access to the Websites.
You are prohibited from violating or attempting to violate the security of the Websites. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) attempt to interfere with the Websites to any user, host or network, including without limitation, by means of submitting a virus to the Websites, overloading, “flooding,” “mailbombing” or “crashing” the Websites. Violations of system or network security may result in civil or criminal liability. Hammerton reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
Links and Third Party Content
The Websites may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them. You agree Hammerton is not responsible or liable for any content, advertising, or other materials available through any third party websites, or any products, services or offerings provided by such third party websites. You also agree that Hammerton is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Ownership of IP
Unless otherwise specified in writing on the Website, the Site Materials are owned, controlled or licensed by Hammerton and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Site Materials is governed by these Website Terms. The entire contents of the Websites (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Hammerton owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Hammerton. Third-party content providers own the copyright in content that is original to them. All software used on these Websites is the property of Hammerton or its software suppliers and protected by United States and international copyright laws.
Hammerton™, Hammerton Studio™, Hammerton Signature™ and Hammerton Heritage™ are trademarks of Hammerton Inc. All rights are reserved. All other trademarks and service marks appearing on the Websites are the property of their respective owners, including, in some instances, Hammerton. All rights are reserved. Hammerton ‘s trademarks and trade dress may not be used in connection with any product or service that is not Hammerton’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Hammerton. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Websites or Site Materials in frames or “in-line links” without express written permission from Hammerton. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the Site Materials or content of the Websites, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material you download from the Websites, except as expressly permitted herein, without the express prior written permission of Hammerton and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights (including any rights to license such material) by downloading material from the Websites.
Disclaimer of Warranties
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. ACCESS TO THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAMMERTON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE WEBSITES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE WEBSITES. YOUR RELIANCE ON THE WEBSITES IS AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA OR OTHER ADVERSE CONSEQUENCES RESULTING FROM YOUR ACCESSING THE WEBSITES OR DOWNLOADING ANY MATERIAL THROUGH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAMMERTON OR THROUGH OR FROM THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE WEBSITE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, HAMMERTON’S NEGLIGENCE, SHALL HAMMERTON BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEBSITES EVEN IF HAMMERTON OR AN AUTHORIZED REPRESENTATIVE OF HAMMERTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE WEBSITE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL HAMMERTON’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify, defend and hold harmless Hammerton and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from (i) your use of the Websites in violation of these Website Terms, (ii) your violation of the rights of another; and (iii) the infringement by you of any Intellectual Property Rights of any person or entity.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible through the Websites, please notify Hammerton’s copyright agent at the following address:
c/o Hammerton Inc.
217 North Wright Brothers Drive
Salt Lake City, UT 84116
Or email: firstname.lastname@example.org
Any notice alleging that materials hosted by or distributed through the Websites infringe intellectual property rights must include the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Websites;
4. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Websites of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
When you visit the Websites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that these Website Terms combined with your act of using the Websites have the same legal force and effect as a written contract with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of these Website Terms on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print these Website Terms.
Enforcement of these Website Terms will be governed by Utah law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Website Terms or your use of the Websites will lie in the State and Federal courts located in Salt Lake City, Utah, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Hammerton to enforce any right or provision in these Website Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Hammerton in writing. If any provision of these Website Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
CALIFORNIA PROPOSITION 65 NOTIFICATION
WARNING: Hammerton products can expose you to Di(2-ethylhexyl) phthalate (DEHP), which is known to the State of California to cause cancer and reproductive harm. For more information, go to www.p65warnings.ca.gov.
California law requires this warning be provided to customers in the State of California.