Terms of use (US)

TERMS OF USE

Last Updated: January 11, 2023

By using HARDI North America Inc. (“HARDI NA”) website https://www.hardi-us.com (the “Site”), you agree to be bound by all terms, conditions and notices contained or referenced herein (the “Terms”). We reserve the right to change the Terms by posting revisions to the Site at any time. Your continued use of the Site indicates your agreement to any revised terms. Accordingly, we urge you to review the Terms at the start of each use of the Site. If you do not agree to abide by these or any future Terms of Use or our Privacy Policy, DO NOT PROCEED WITH THIS AGREEMENT, AND DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES, VIEW, DOWNLOAD, OR OTHERWISE USE ANY HARDI NA WEBPAGE, INFORMATION OR SERVICES. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes.

License and User Conduct

HARDI NA grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of HARDI NA. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HARDI NA. Any unauthorized use of the Site shall automatically terminate the license granted to you by HARDI NA for such use.

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that HARDI NA may terminate your use of the Site in HARDI NA’s sole discretion for any reason.

Intellectual Property

You acknowledge that materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights (“Intellectual Property”) and are owned by HARDI NA or are used by permission. You may download or print copies of portions of the materials on the Site, provided that you only use such copies for your own personal, non-commercial use and do not modify or alter these copies in any way, or delete or change any copyright, trademark or patent notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on the Site. You may only use the materials and the Intellectual Property on the Site as expressly permitted in these Terms and for no other purpose. All other products, services and company names mentioned herein are the trademarks of their respective owners.

Links

This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. HARDI NA does not endorse, and HARDI NA is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site.

Prohibited Conduct

You expressly agree to refrain from doing, either personally or through an agent, any of the following:
a. Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Site.
b. Transmit, install, upload, or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment, or service of the Site.
c. Transmit, install, upload, or otherwise transfer any virus, malware, or other item to the Site that in any way affects the use, enjoyment or service of any user’s or HARDI NA employee’s computer or other medium used to access the Site.
d. Transmit, install, upload, or otherwise transfer any material to the Site that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive. HARDI NA reserves the sole discretion to determine the nature of the material.
e. Transmit, install, upload, or otherwise transfer to the Site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights).
f. Modify the information, including headers, found on the Site.
g. Transmit, install, upload, or otherwise transfer to the Site any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
h. Engage in any action that imposes an unreasonable or disproportionately large load on the Site, or that HARDI NA determines is detrimental to the use and enjoyment of the Site.
i. Use the Site for any unlawful means.
j. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.

Liability Disclaimer

The information, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HARDI NA and/or its suppliers may make improvements and/or changes to the Site at any time.
HARDI NA and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services, related graphics and videos contained on the Site either created by the HARDI NA team or supplied by third parties for any purpose.

To the maximum extent permitted by applicable law, all such information, products, services and related graphics are provided “as is” without warranty or condition of any kind. HARDI NA and its suppliers hereby disclaim all warranties and conditions with regard to this information, products, services and related graphics, including, but not limited to, all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall HARDI NA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if HARDI NA or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

Pricing Policy, Payment Terms, Terms of Sale, Privacy Policy, Warranty Policy, Shipping Policy, and Return Policy

While HARDI NA strives to provide accurate product and pricing information, pricing or typographical errors may occur. HARDI NA cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, HARDI NA shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, HARDI NA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

By placing an order on the Site, you authorize HARDI NA to collect payment from your credit card for all charges you incur. Prices listed on the Site do not include shipping, handling, taxes or insurance unless otherwise specified.
Information regarding HARDI NA’s:
• Terms & Conditions for the sale of goods on the Site can be found at the following link: [LINK TO HARDI NA TERMS OF SALE];
• Privacy Policy can be found at the following link: [LINK TO HARDI NA PRIVACY POLICY];
• Limited Warranty Policy can be found at the following link: [LINK TO HARDI NA LIMITED WARRANTY POLICY];
• Shipping Policy can be found at the following link: [LINK TO HARDI NA SHIPPING POLICY]; and
• Return Policy can be found at the following link: [LINK TO HARDI NA RETURN POLICY].

Indemnification

You agree to defend, indemnify, and hold HARDI NA, and all HARDI NA affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site or the content therein.

Notices

Where required, HARDI NA may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to HARDI NA by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with HARDI NA, please e-mail or write to:
HARDI North America Inc.
7301 Vine Street Court
Davenport, IOWA, USA, 52806
Phone:(563) 386-1730
Fax: 563-386-1280
[email protected]

We welcome your questions and comments.

Miscellaneous

The laws of the State of Iowa shall govern the validity, performance, enforcement, interpretation, and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts in Iowa for any action arising out of these Terms. HARDI NA may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Site is for your personal and non-commercial use.
HARDI NA shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and HARDI NA regarding your relationship with HARDI NA and your use of the Site. These Terms supersede all previous written or oral agreements between you and HARDI NA with respect to such subject matter. Notwithstanding any provision of these Terms, HARDI NA has available all remedies at law or equity to enforce these Terms.