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We are The 804 Group, LLC, doing business as Harkins Safety (“Company,” “we,” “us,” “our”),
a company registered in Iowa, United States, Pella, IA 50219. We operate the website
http://www.harkinssafety.com (the “Site”), as well as any other related products and products
and/or Services that refer or link to these legal terms (the “Legal Terms”) (collectively, the
“Products and/or Services”). You can contact us by phone at 1-855-423-7824 or by email at
[email protected].
These Legal Terms constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”), and The 804 Group, LLC, concerning your access to
and use of the Products and/or Services. You agree that by accessing our Products and/or
Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE PRODUCTS AND/OR SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Products and/or
Services from time to time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Legal Terms at any time
and for any reason. We will alert you about any changes by updating the “Last updated” date of
these Legal Terms, and you waive any right to receive specific notice of each such change. It is
your responsibility to periodically review these Legal Terms to stay informed of updates. You
will be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Products and/or Services after
the date such revised Legal Terms are posted.
The Products and/or Services are intended for users who are at least 18 years old. Persons under
the age of 18 are not permitted to use or register for the Products and/or Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Products and/or Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Products and/or Services from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable. The Products and/or Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), OSHA, FSMA, etc.), so if your interactions would be
subjected to such laws, you may not use the Products and/or Services and claim that these
products are solely your means of compliance to such laws. You may not use the Products and/or
Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
We are the owner or the licensee of all intellectual property rights in our Products and/or
Services, including all source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Products and/or Services (collectively, the
“Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and/or trademark laws (and various other
intellectual property rights and unfair competition laws) and treaties in the United States and
around the world.
The Content and Marks are provided in or through the Products and/or Services “AS IS” for your
personal, business, non-commercial use or internal business purpose only.
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to: access the Products and/or Services; and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Products and/or Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Products and/or Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permission to post, reproduce, any part of our Products and/or Services or Content, you must identify us as the owners or licensors of the Products and/or Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Products and/or Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Products and/or Services will terminate immediately.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using
our Products and/or Services to understand the (a) rights you give us and (b) obligations you
have when you post or upload any content through the Products and/or Services. Submissions:
By directly sending us any question, comment, suggestion, idea, feedback, or other information
about the Products and/or Services (“Submissions”), you agree to assign to us all intellectual
property rights in such Submission. You agree that we shall own this Submission and be entitled
to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You are responsible for what you post or
upload: By sending us Submissions through any part of the Products and/or Services you:
confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post,
send, publish, upload, or transmit through the Products and/or Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such
Submission; warrant that any such Submission are original to you or that you have the necessary
rights and licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions; and warrant and represent that your
Submissions do not constitute confidential information. You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c)
applicable law.
By using the Products and/or Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as necessary; (3)
you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Products and/or
Services through automated or non-human means, whether through a bot, script or otherwise; (6)
you will not use the Products and/or Services for any illegal or unauthorized purpose; and (7)
your use of the Products and/or Services will not violate any applicable law or regulation. If you
provide any information that is untrue, inaccurate, not current, or incomplete, we have the right
to suspend or terminate your account and refuse any and all current or future use of the Products
and/or Services (or any portion thereof).
You may be required to register to use or purchase our Products and/or Services. You agree to
keep your password confidential and will be responsible for all use of your account and
password. We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and
details of the products available on the Products and/or Services. However, we do not guarantee
that the colors, features, specifications, and details of the products will be accurate, complete,
reliable, current, or free of other errors, and your electronic display may not accurately reflect the
actual colors and details of the products. All products are subject to availability, and we cannot
guarantee that items will be in stock. We reserve the right to discontinue any products at any time
for any reason. Prices for all products are subject to change.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all
purchases made for Products and/or Services. You further agree to promptly update account and
payment information, including email address, payment method, and payment card expiration
date, so that we can complete your transactions and contact you as needed. Sales tax will be
added to the price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in US dollars. You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. We reserve the right to correct any errors
or mistakes in pricing, even if we have already requested or received payment. We reserve the
right to refuse any order placed for Products and/or Services. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household, or per order. These restrictions
may include orders placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
distributors. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to
be placed using fraudulent or suspicious activity or with fraudulent or suspicious payment
methods.
Please review our Return Policy posted on the Products and/or Services prior to making any purchases.
You may not access or use the Products and/or Services for any purpose other than that for which
we make the Products and/or Services available. The Products and/or Services may not be used
in connection with any commercial endeavors except those that are specifically endorsed or
approved by us. As a user of the Products and/or Services, you agree not to: Systematically
retrieve data or other content from the Products and/or Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords. Circumvent, disable, or otherwise interfere with security-
related features of the Products and/or Services, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the Products and/or Services
and/or the Content contained therein. Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Products and/or Services. Use any information obtained from the Products and/or
Services in order to harass, abuse, or harm another person. Make improper use of our support
products and/or Services or submit false reports of abuse or misconduct. Use the Products and/or
Services in a manner inconsistent with any applicable laws or regulations. Engage in
unauthorized framing of or linking to the Products and/or Services. Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of repetitive text), that interferes with
any party’s uninterrupted use and enjoyment of the Products and/or Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance
of the Products and/or Services. Engage in any automated use of the system, such as using scripts
to send comments or messages, or using any data mining, robots, or similar data gathering and
extraction tools. Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user. Upload or
transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as “spyware” or “passive collection mechanisms” or “pcms”). Interfere with, disrupt,
or create an undue burden on the Products and/or Services or the networks or products and/or
Services connected to the Products and/or Services. Harass, annoy, intimidate, or threaten any of
our employees or agents engaged in providing any portion of the Products and/or Services to
you. Attempt to bypass any measures of the Products and/or Services designed to prevent or
restrict access to the Products and/or Services, or any portion of the Products and/or Services.
Copy or adapt the Products and/or Services’ software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code. Except as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising or in any way making up a part
of the Products and/or Services. Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Products
and/or Services, or use or launch any unauthorized script or other software. Use a buying agent
or purchasing agent to make purchases on the Products and/or Services. Make any unauthorized
use of the Products and/or Services, including collecting usernames and/or email addresses of
users by electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses. Use the Products and/or Services as part
of any effort to compete with us or otherwise use the Products and/or Services and/or the Content
for any revenue-generating endeavor or commercial enterprise. Use the Products and/or Services
to advertise or offer to sell goods and products and/or Services. Sell or otherwise transfer your
profile.
The Products and/or Services does not offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Products and/or Services, including but not
limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions may be viewable by
other users of the Products and/or Services and through third-party websites. When you create or
make available any Contributions, you thereby represent and warrant that: The creation,
distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but
not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Products and/or Services, and other users of the
Products and/or Services to use your Contributions in any manner contemplated by the Products
and/or Services and these Legal Terms. You have the written consent, release, and/or permission
of each and every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of your
Contributions in any manner contemplated by the Products and/or Services and these Legal
Terms. Your Contributions are not false, inaccurate, or misleading. Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters,
spam, mass mailings, or other forms of solicitation. Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as
determined by us). Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone. Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people. Your
Contributions do not violate any applicable law, regulation, or rule. Your Contributions do not
violate the privacy or publicity rights of any third party. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-
being of minors. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap. Your Contributions do
not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any
applicable law or regulation. Any use of the Products and/or Services in violation of the
foregoing violates these Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Products and/or Services.
You agree that we may access, store, process, and use any information and personal data that you
provide and your choices (including settings). By submitting suggestions or other feedback
regarding the Products and/or Services, you agree that we can use and share such feedback for
any purpose without compensation to you. We do not assert any ownership over your
Contributions. You retain full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your Contributions. We are not liable
for any statements or representations in your Contributions provided by you in any area on the
Products and/or Services. You are solely responsible for your Contributions to the Products
and/or Services and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We may provide you areas on the Products and/or Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not contain offensive
profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether positive or negative. We may accept, reject, or remove reviews in our sole discretion.
We have absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not
necessarily represent our opinions or the views of any of our affiliates or partners. We do not
assume liability for any review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, nonexclusive, worldwide, royalty-free,
fully paid, assignable, and sublicensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating to review.
The Products and/or Services may contain (or you may be sent via the Site OR in connection
with our Products and/or Services) links to other websites (“Third-Party Websites”) as well as
articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties
(“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we
are not responsible for any Third-Party Websites accessed through the Products and/or Services
or any Third-Party Content posted on, available through, or installed from the Products and/or
Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices,
or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If you decide to
leave the Products and/or Services and access the Third-Party Websites or to use or install any
Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no
longer govern. You should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Products and/or Services or
relating to any applications you use or install from the Products and/or Services. Any purchases
you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and acknowledge that we do
not endorse the products or products and/or Services offered on Third-Party Websites and you
shall hold us blameless from any harm caused by your purchase of such products or products
and/or Services. Additionally, you shall hold us blameless from any losses sustained by you or
harm caused to you relating to or resulting in any way from any Third-Party Content or any
contact with ThirdParty Websites.
We reserve the right, but not the obligation, to: (1) monitor the Products and/or Services for
violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Legal Terms, including without limitation, reporting such
user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any
of your Contributions or any portion thereof; (4) in our sole discretion and without limitation,
notice, or liability, to remove from the Products and/or Services or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise
manage the Products and/or Services in a manner designed to protect our rights and property and
to facilitate the proper functioning of the Products and/or Services.
We care about data privacy and security. By using the Products and/or Services, you agree to be
bound by our Privacy Policy posted on the Products and/or Services, which is incorporated into
these Legal Terms. Please be advised the Products and/or Services are hosted in the United States
and Canada. If you access the Products and/or Services from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States and Canada, then through your continued use of the Products
and/or Services, you are transferring your data to the United States and Canada, and you
expressly consent to have your data transferred to and processed in the United States and
Canada.
These Legal Terms shall remain in full force and effect while you use the Products and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PRODUCTS AND/OR SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PRODUCTS AND/OR SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or suspending your account,
we reserve the right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Products and/or Services at
any time or for any reason at our sole discretion without notice. However, we have no obligation
to update any information on our Products and/or Services. We also reserve the right to modify
or discontinue all or part of the Products and/or Services without notice at any time. We will not
be liable to you or any third party for any modification, price change, suspension, or
discontinuance of the Products and/or Services. We cannot guarantee the Products and/or
Services will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Products and/or Services, resulting in
interruptions, delays, or errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Products and/or Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Products and/or Services during any
downtime or discontinuance of the Products and/or Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Products and/or Services or to supply any
corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Products and/or Services are governed by and construed in accordance with the laws of the State of Iowa applicable to agreements made and to be entirely performed within the State of Iowa, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Marion County, Iowa. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate,
or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in
court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Marion County, Iowa, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any Dispute brought by either Party related in any way to the Products and/or Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Products and/or Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Products and/or Services at any time, without prior notice.
THE PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PRODUCTS AND/OR SERVICES WILL BE AT YOUR SOLE RISK. WE MAKE NO CLAIM TO MEET OR ADHERE TO ANY GOVERNING STANDARD, AND IT IS YOUR RESPONSIBILITY TO DETERMINE IF THE PRODUCTS AND/OR SERVICES MEET THE REQUIREMENTS
YOU ARE TRYING TO ACHIEVE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PRODUCTS AND/OR SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE PRODUCTS AND/OR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE PRODUCTS AND/OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS AND/OR SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS AND/OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCTS AND/OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS AND/OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR PRODUCTS AND/OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PRODUCTS AND/OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $150.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Products and/or Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Products and/or Services with whom you connected via the Products and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Products and/or Services for the purpose of
managing the performance of the Products and/or Services, as well as data relating to your use of the Products and/or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Products and/or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Products and/or Services via our website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Products and/or Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PRODUCTS AND/OR SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Products and/or Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Products and/or Services or in respect to the Products and/or Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Products and/or Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Products and/or Services or to receive further information regarding use of the Products and/or Services, please contact us at:
The 804 Group, LLC
Pella, IA 50219
United States
Phone: 1-855-423-7824
[email protected]
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