Welcome to the web site of Hobart and its affiliates, subsidiaries and divisions (collectively “Hobart”). This web site and other Hobart web sites (collectively, the “Hobart Web Site” or the “Web Site”) provide general information about Hobart and its products and services free of charge to users in the United States.
All users of the Hobart Web Site are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Hobart Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
Hobart may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Hobart Web Site means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
USE OF THE HOBART WEB SITE
You agree to use the Hobart Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) communicate to Hobart or upload to or transmit on the Hobart Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Hobart Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Hobart Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Hobart Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Hobart Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Hobart Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Hobart Web Site, or which, as determined by Hobart, may harm Hobart or users of the Hobart Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom, online magazine or any other publicly available section of the Hobart Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Hobart, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Hobart. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Hobart, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Hobart or to any area of the Hobart Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Hobart and/or post it to the Hobart Web Site. You grant to Hobart the right to use all content you upload or otherwise transmit to Hobart or the Hobart Web Site in any manner Hobart chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) Hobart reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Hobart Web Site which Hobart, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Hobart has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Hobart Web Site. However, Hobart can neither review all material before it is posted on the Hobart Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Hobart assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Hobart reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Hobart has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Hobart reserves the right to modify, reject or eliminate any information residing on or transmitted to the Hobart Web Site.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Hobart Web Site and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Hobart or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Hobart Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or dealer of Hobart. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Hobart, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Hobart Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with Hobart or the applicable owner of such content. Except as expressly authorized by Hobart in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.
TRADEMARKS
The names, logo, product and service names, design marks and slogans of Hobart are the trademarks, service marks or registered trademarks of Hobart. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Hobart name and logo may not be used in any commercial manner without the prior written consent of Hobart.
DEALINGS WITH DEALERS AND OTHER MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any dealer or other merchant found on or through this Web Site, including, without limitation, any dealer participating in Hobart’s Preferred Online Dealer program, you acknowledge and agree that Hobart is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Hobart will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.
LIABILITY OF HOBART AND ITS LICENSORS
You assume all responsibility and risk for the use of this Web Site and the Internet. Hobart does not assume any liability for the materials, information and opinions provided on, or available through, the Hobart Web Site (the “Site Content”). Any of the Site Content may include technical, accuracy and typographical errors. Hobart has the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Hobart or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk. Hobart disclaims any liability for injury or damages resulting from the use of thereof.
THE HOBART WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER HOBART NOR ANY PERSON ASSOCIATED WITH HOBART MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE HOBART WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER HOBART NOR ANYONE ASSOCIATED WITH HOBART WARRANTS OR REPRESENTS THAT THE HOBART WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE HOBART WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE HOBART WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. HOBART DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Hobart shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this Web Site. Hobart assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL HOBART OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE HOBART WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE HOBART WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY HOBART AND WHETHER OR NOT HOBART HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless Hobart and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Hobart Web Site or the delivery of products, services or information over the Hobart Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Hobart Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
Hobart’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Hobart Privacy Policy, which is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
Anything that you submit to Hobart or post on publicly available portions of the Hobart Web Site is non-confidential for all purposes and will not be held in confidence. Hobart does not want to receive confidential or proprietary information from any user through its web sites. Should you provide Hobart or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Web Site, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of Hobart and you agree that all intellectual property rights therein are transferred to Hobart. Hobart assumes no obligation to protect such information from disclosure. The submission of such information to Hobart shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Hobart for any purpose whatsoever and Hobart shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. Hobart cannot prevent the “harvesting” of information from this Web Site, and a user may be contacted by Hobart or unrelated third parties by e-mail or otherwise, within or outside of this Web Site. In addition, while there is no limitation on how a user’s information may be used, we may use your IP address to help diagnose problems with our server and administer this Web Site, or to help identify you and your shopping cart and to gather broad demographic information.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Hobart Web Site contains links to other web sites on the Internet. Hobart is not responsible for and does not endorse the content, products, services or privacy practices of any third-party web sites, including, without limitation, sites framed within the Hobart Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Further, a reference on the Hobart Web Site to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply Hobart’s endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and Hobart does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such vendors’ products, trademarks, trade names or trade dress.
COMPLIANCE
The owner of this Web Site is based in the State of Ohio, USA. Hobart makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
CONTACT
Please contact us at Director of E-Business, 937-332-3000, webmaster@hobartcorp.com, if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.
GOVERNING LAW; JURISDICTION
The posting of this Web Site on the World Wide Web is a passive activity in itself. Access to this Web Site by persons in any jurisdiction does not imply that Hobart intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that Hobart invokes the benefits and protections of the law of such jurisdiction. This site was developed in the United States of America in accordance with, and shall be governed by, and your browsing in and use of this Web Site shall be deemed acceptance of, the laws of the State of Ohio and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Hobart Web Site shall be in the state or federal courts located in Cincinnati, Ohio. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Hobart intends to make such products and services available in such countries.
Limitations of Use by Visitors from Outside the United States
This Web site is presented by Hobart from within the United States. Hobart makes no representation that materials in the Web site are appropriate or available for use in locations outside the United States. Neither the Web site, nor any underlying information or technology may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United Sates has embargoed goods (for example, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria) or to anyone on the U. S. Treasury Department’s list of Specially Designated Nations or the U. S. Commerce Department’s Table of Denial Orders. By downloading or using any element of the Web site, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction which may impact your right to use the Web site.
MISCELLANEOUS
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect. Hobart’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and Hobart nor any trade practices shall be deemed to modify these Terms of Use.