Hoffmann Inc.

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Terms of Use

Last Modified: November 1, 2012

HOFFMANN, INC.
WEBSITE LEGAL INFORMATION

Website Terms of Use

Generally:
Welcome to www.hoffmanninc.com, the Website for Hoffmann, Inc. If you visit this Website you accept these Terms of Use and all polices posted on our Website (such as our Privacy Policy). We may change or update these Terms of Use at anytime and, if we do so, we will post the revised Terms of Use on the Website. The date of the most recent revision will always be shown at the end of the Terms of Use. Please review our Terms of Use as often as you feel necessary since each use of our Website will serve as your confirmation that you agree with and accept the most recent version of these Terms of Use. If you do not agree with our Terms of Use or any modifications, please do not use our Website.

Privacy Policy:
At Hoffmann, we respect your privacy and the security of your personal information. We encourage you to read our Privacy Policy so that you understand how we collect and use your personal information and can make informed choices about using our Website.

How to Contact Us:
If you have any questions concerning this Privacy Policy you can contact us at:
Hoffmann, Inc.
6001 49th Street South
Muscatine, Iowa 52761
Or by e-mail at - hoffmann@hoffmanninc.com

Trademarks & Copyrights:
The name Hoffmann, Inc. and our logo are trademarks of Hoffmann, Inc. The unauthorized use of the Hoffmann, Inc. trademark or logos is prohibited by law. All designs, web pages and the source code Hoffmann created comprise the Website and are the sole property of Hoffmann, Inc. Content from the Website may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Hoffmann, Inc.

User Representations & Warrantees:
By submitting content to Hoffmann, Inc. through this Website, you automatically represent and warrant that you have the right to grant, and do hereby grant, Hoffmann, Inc. the paid-up, royalty free, perpetual, irrevocable, sub-licensable and non-exclusive right and license to:

  1. Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and/or display Content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any third party that may exist in such Content; and
  2. Use the Content, including without limitation, the right and license to make, use, sell, offer to sale and import any products and/or services that practices or embody or are configured for the use in practicing, all or any portion of the Content.

Under no circumstances will Hoffmann, Inc. be required to treat any Content as “confidential”, except to the extent that the Website’s Privacy Policy applies. Hoffmann, Inc. will be entitled to use the Content for any purpose whatsoever (consistent with the Website’s privacy Policy) without compensation to you or any other person. For avoidance of doubt, Hoffmann, Inc. will not be liable to you or any other person for any ideas (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of Hoffmann, Inc.

You acknowledge that you are responsible for whatever content you submit, and you, not Hoffmann, Inc., shall have the full responsibility for the Content, including its legality, reliability, appropriateness, originality and non-interference with third party rights. Hoffmann, Inc. shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, Hoffmann, Inc. shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).

Indemnification:
You hereby agree to indemnify, defend and hold harmless Hoffmann, Inc. and it subsidiaries and affiliates and each of their officers, directors, representatives, agents and employees (collectively referred to as the “Indemnities”) from and against and all liability, damages and costs (including attorney’s fees) incurred by the Indemnities in connection with your use of the Website, including without limitation with respect to any claim arising out of any Content that you submit or breach or allegedly breach of any of your obligations set forth in these Terms of Use. Hoffmann, Inc. reserves the right, ay its own expense, to assume to exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event settle any matter without the written consent of Hoffmann, Inc. Further, you shall cooperate as fully as reasonably required in the defense of any claim.

Site Disclaimer:
The Website is provided on an “as-is” and “as available” basis. Use of the Website is at your own risk. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purposes, or non-infringement. Without limiting the foregoing, Hoffmann, Inc., its subsidiaries and its licensors do not warrant that the Content is accurate, or correct: that the Website will meet your requirements: that the Website will be available at any particular time or location; uninterrupted or secure; that any defects or errors will be corrected; or that the Website is free of viruses or other harmful components. Any content downloaded or accessed through the Website is downloaded or accessed at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or access.

Limitation of Liability:
Hoffmann, Inc. will not be liable for any damages, including, but not limited to, special, indirect, incidental or consequential, caused by the Website or any Content on the Website or any use of or inability to use the Website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus, even if an authorized representative of Hoffmann, Inc. has been advised of the possibility of such damages. Hoffmann, Inc. will not be liable for any damages or injury, including, but not limited to, special, indirect, incidental, or consequential damages, that may result from linking to any third party Website.

Exclusions and Limitations:
Some jurisdictions do not allow the exclusion of implied warranties or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to certain users. In such an event, the limitations outlined herein shall be applied to the maximum extent possible as allowed by that State’s laws.

Termination:
Hoffmann, Inc. may terminate any rights granted hereunder at anytime. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Website, and (b) all related documentation and all copies, printouts and installations. Hoffmann, Inc. may prevent your access to the Website immediately and without notice if, in its sole judgment, you breach any of provision of these terms of Use or for any other reason (or no reason) whatsoever.

Miscellaneous:
This Agreement constitutes the entire agreement between you and Hoffmann, Inc. regarding your use of the Website and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any Court, the invalidly of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waive shall be construe as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the State of Iowa applicable to contracts entered into and performed exclusively in Iowa. Any Court of competent jurisdiction setting within Muscatine, County, Iowa will have exclusive jurisdiction and venue for any dispute arising out of or relating to the website or this Agreement and you hereby waive any argument that any such Court does not have jurisdiction over you or such a dispute of that venue is not appropriate or convenient.

Minors:
Hoffmann, Inc. does not sell products for children. If you are under 18, you may use www.hoffmanninc.com only with the involvement of a parent or guardian.

Last Update (“Revision Date”):
This Privacy Policy was last updated/revised and is effective as of November 1, 2012.




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