Terms of Use
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 Website” or the “Website”) provide general information
about Hobart and its products and services free of charge to guests in the United
States.
All guests of the Hobart Website 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
Website. By accessing or using this Website, 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 Website.
Hobart may modify or supplement these Terms of Use at any time without notice by
posting the amended terms to this Website. Your continued use of the Hobart Website
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 Website,
your sole and exclusive remedy is to discontinue using this Website.
USE OF THE HOBART WEB SITE
You agree to use the Hobart Website only for lawfulpurposes:
(a) Specifically you agree not to do any of the following: (1) communicate to Hobart
or upload to or transmit on the Hobart Website 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 Website 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 Website any advertisements or solicitations of business; (6) restrict or
inhibit use of the Hobart Website 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 Website or that you have a contractual
obligation to keep confidential (notwithstanding its availability on the Hobart
Website); (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 Website, or which, as determined by
Hobart, may harm Hobart or guests of the Hobart Website or expose them to liability.
Top of page
(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
Website (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 Website,
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 Website. You grant to Hobart the right
to use all content you upload or otherwise transmit to Hobart or the Hobart Website
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 Website 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 guest’s access to all or part of the Hobart Website.
However, Hobart can neither review all material before it is posted on the Hobart
Website 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 guests of this
Website 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 Website. Your failure to comply with the provisions
of (a) or (b) above may result in the termination of your access to the Hobart Website
and may expose you to civil and/or criminal liability.
Top of page
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Website (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 Website 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 Website; 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 Website 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 Website, (b) access to this Website or (c) use of this Website
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 Website, 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.
Top of page
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 Website (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 Website. 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 Website 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 Website or any linked web site or the Internet generally.
Top of page
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 Website or the delivery of products, services or information over
the Hobart Website, 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 Website 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.
Top of page
COMMENTS AND SUBMISSIONS
Anything that you submit to Hobart or post on publicly available portions of the
Hobart Website 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
guest 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 Website,
and a guest may be contacted by Hobart or unrelated third parties by e-mail or otherwise,
within or outside of this Website. In addition, while there is no limitation on
how a guest’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 Website 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 Website 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 Website 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.
Top of page
COMPLIANCE
The owner of this Website is based in the State of Ohio, USA. Hobart makes no representation
that materials in this Website are appropriate or available for use in other locations.
If you access this Website from other locations, you are responsible for complying
with local laws.
CONTACT
Please contact us through
Website Feedback
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 Website on the World Wide Web is a passive activity in itself.
Access to this Website 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 Website 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 Website 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 Corporation from within the United States.
Hobart Corporation 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
States 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.
Top of page
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.
