Terms of use
Hendrick Inc. (the “Company”, “we”, “us” or “our”) provides this Company website and any related mobile applications (collectively, the “Site”) for its permitted users. We’ve worked hard to give you the essential information here and elsewhere on our Site to get you comfortable with the Site and to make it useful to you. These Terms of Use (the “Terms”) help enable us to provide you with the services, information, other content and features available through our Site, and shall govern your use of the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS GOVERN YOUR USE OF THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND OUR COMPANY AND GOVERN YOUR ACCESS TO, AND USE OF, THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. THE COMPANY MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED ON THIS SITE AT ANY TIME.
1. Scope of Access to Site
Subject to these Terms, the Company grants you a limited, personal, non-exclusive and non-transferable license to download and use the Site solely for your personal or internal business use.
You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of the Site. Further, you may not reproduce all or any portion of the Site. This Site is owned by, the Company. The Company reserves the right at any time to suspend or terminate use of this Site or its functionality and tools by you or other users in the Company’s sole discretion.
In the event that you are given access to certain password protected areas of the Site. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify the Company immediately of any unauthorized use of your password or any other breach of security relating to the Site. You shall not, and shall not attempt to, access any data of another the Company customer if you are not an authorized user under the applicable account.
2. Company Content
The content that is originally provided by the Company (the “Content”) on this Site is made available to you by the Company and is the copyrighted work (and in some cases logos and other marks) of the Company. The Company grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Content and to use the Site solely for your personal or internal business use.
Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content or the Site in any manner. You shall not distribute the Content or the Site in any manner to any third party.
3. Proprietary Rights
The Company logos (including the “Hendrick” name and mark) and other marks used by the Company to identify it and its services are protected trademarks of the Company. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, Site, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Company or its licensors. This Site is Copyright © Hendrick Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
4. Third Party Content
Certain information and other content appearing in product descriptions or advertisements on the Site may be the material of third party licensors and suppliers to the Company ("Third Party Content"). Third Party Content does not include User Contributions (as defined below). Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer solely for your personal use or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. THE COMPANY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. User Contributions
Any text, feedback on the Site, content, materials or other information that you or other users contribute on, submit, post or otherwise make available on the Site (as applicable, "User Contributions").
You, and not the Company, have full responsibility for each such User Contribution you make, including its legality, accuracy, appropriateness, and trademark and copyright ownership. You agree that any User Contributions provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. Please note that, generally, User Contributions on publicly viewable areas of the Site will be accessible by other users on the Site. You agree that the Company is free to use your User Contributions on an unrestricted basis for any purpose and you grant the Company a sublicensable, non-exclusive, fully-paid and royalty-free, worldwide license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of your User Contributions.
You agree that the Company may incorporate Third Party Content on, in and/or around your User Contributions. Subject to the other provisions of these Terms, you retain ownership of any copyrights or other intellectual property rights applicable to any User Contributions and information you submit to the Company. If you use software tools to import content from other sources on the Internet to create User Contributions, you agree that you have all necessary rights and permissions to use such content and to create the User Contributions using that third party content and that you will only submit and use User Contributions in any account that you register for or have access to in a manner that complies with all applicable laws and regulations. You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right of a third party without the express permission of the owner of such copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from your User Contributions that you make. You represent and warrant that: (i) you own all User Contributions posted by you on or through this Site or otherwise have the right to grant the licenses to the Company set forth in this Section 5 of the Terms, and (ii) the posting of your User Contributions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity.
6. Links to Third Party Sites
The Site may be linked to other sites or apps that are not the Company sites or apps. the Company is providing these links to you only as a convenience, and the Company is not responsible for such linked sites or apps, including, without limitation, the content or links displayed on such sites or apps.
7. Term and Termination
Your rights to use the Site continue until terminated by the Company in our discretion. If you violate these Terms, the Company may terminate and/or suspend your access to this Site without notice.
8. Privacy Policy
Your use of this Site is subject to the Company’s Privacy Policy (the "Privacy Policy") which may be accessed at this link: [add link to Privacy Policy].
9. Unauthorized Activities
Unauthorized use of the Site, including any User Contributions of other users or of any Third Party Content contained on this Site, may violate certain laws and regulations. You agree to indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) the Company or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party based on your submitted User Contributions and/or that your use of the Site or Third Party Content or the use by any person using your user name and/or password violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site, the Site or on the Internet.
10. Disclaimer of Warranties
The Site is made available to users on an “As Is” basis and without any warranties. The Company reserves the right to discontinue operating the Site or offering any particular service noted on the Site and at any time, with or without notice.
Your use of this Site and its contents is at your own risk. Neither the User Contributions or Third Party Content have been verified or authenticated in whole or in part by the Company, and may include inaccuracies or typographical or other errors. The Company does not warrant the accuracy or timeliness of the User Contributions or the Third Party Content contained on this Site. the Company has no liability for any errors or omissions in the User Contributions and/or the Third Party Content, whether provided by the Company or our licensors.
EXCEPT AS OTHERYWISE EXPRESSLY PROVIDED IN WRITING AS TO SERVICES OFFERED BY THE COMPANY: (A) THE COMPANY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED BY THE COMPANY, THIS SITE, ANY MATERIALS, USER CONTRIBUTIONS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, USER CONTRIBUTIONS AND THE THIRD PARTY CONTENT; AND (B) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY SERVICES OFFERED BY THE COMPANY, THIS SITE, MATERIALS, USER CONTRIBUTIONS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR DEVICE AS A RESULT OF USING THIS SITE, AND THE COMPANY DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SITE.
11. Limitation of Liability
THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, USER CONTRIBUTIONS, OR THIRD PARTY CONTENT TO OR FROM THIS SITE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) RELATING TO THIS SITE OR ITS USE< HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE AND THE COMPANY SHALL NOT BE LIABLE IN THE AGGREGATE FOR THE GREATER OF: (I) THE PAYMENT AMOUNTS, IF ANY, PAID BY YOU TO THE COMPANY IN TO ACCESS THE SITE DURING THE PRIOR SIX (6) MONTHS OR (II) FIFTY DOLLARS ($50.00).
12. Local Laws; Export Control
Company Content, User Contributions and/or Third Party Content may not be appropriate or available for use outside of the United States of America. If you use this Site outside the United States of America, you are responsible for following applicable local laws and regulations, including any applicable export controls laws.
13. Changes To These Terms
These Terms may be changed, modified, supplemented or updated by the Company from time to time. The date that these Terms were last revised is identified at the top of the page and you will be bound by any changed, modified, supplemented or updated Terms if you choose to continue to use the Site after such changes to the Terms are posted.
14. Governing Law
The provisions of Georgia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.
15. Force Majeure Conditions.
The Company shall not be responsible for any delays or failures of performance resulting from acts beyond its control, including, without limitation, acts of God, acts of war, riots, acts of terror, public health emergencies, epidemics, pandemics, and other acts or omissions of third parties such as interruptions, delays, or malfunctions of service by third-party service providers.
16. Other General Matters
If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The Company’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and the Company and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Company about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.