Website Terms of Use

Website Terms of Use & Conditions of Order

This Website Terms of Use and Conditions of Order Agreement (“Agreement”) is made by and between ITSM1, Inc. d/b/a Hawtrey Inc and its subsidiaries, parent company, and affiliates, (“us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR ONLINE STORE (COLLECTIVELY “SERVICES”), YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. HAWTREY RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN HAWTREY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED ON THE HAWTREY WEBSITE.

 

TERMS OF USE

  • ACCESS TO THIS SITE

To access this website or some of the resources it offers, including contacting Hawtrey, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Hawtrey believes the information you provide is not correct, current, or complete, Hawtrey has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time.

 

  • RESTRICTIONS ON USE

You may use this website for purposes expressly permitted by this website. As a condition of your use of Hawtrey’s website, you warrant to Hawtrey that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Hawtrey. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Hawtrey in causing any unauthorized co-branding or framing immediately to cease. Competitors and third-party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of Hawtrey.

In addition, you may not use Hawtrey’s website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Hawtrey’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures. Your use of the website is strictly for your personal, non-commercial use only.

 

  • PROPRIETARY INFORMATION

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Hawtrey, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (whether displayed, downloadable or otherwise) (the “Content”) is the proprietary information of Hawtrey or the party that provided or licensed the Content to Hawtrey, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Hawtrey. Modification or use of the Content except as expressly provided in this Agreement violates Hawtrey’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

 

  • ADDITIONAL USE LIMITATION

You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to Hawtrey’s website, except as expressly permitted pursuant to applicable law.

 

  • HYPER-LINKS

This website may be hyper-linked to other websites which are not maintained by, or related to, Hawtrey and may contain information about products or services that are not related to or endorsed by Hawtrey. Hyper-links to such websites and information are provided as a service to you and are not sponsored by or affiliated with this website or Hawtrey. Hawtrey may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their products and services. Hawtrey is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Hawtrey makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their products and services. Hawtrey provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website or information does not necessarily imply endorsement by Hawtrey of that website, its products or services, or any association with its operators.

 

  • SUBMISSIONS

You hereby grant to Hawtrey a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, ideas, graphics, or other information communicated to Hawtrey by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You further agree that Hawtrey may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to Hawtrey through the website in conjunction and in relation to your Submission. Hawtrey will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Hawtrey operations.

You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

 

  • USE OF COMMUNICATION SERVICES

Hawtrey’s websites may contain forums, chat areas, blogs with comment capabilities, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service and, in the case of a blog topic or other similar post, that are related to that main post.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this website any material that:

    • you do not have the right to post, including proprietary material of any third party, such as content or files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
    • advocates illegal activity or discusses an intent to commit an illegal act;
    • is vulgar, obscene, pornographic, or indecent;
    • does not pertain directly to this website or the main post to which a comment is directed;
    • threatens or abuses others, libels, defames, invades privacy, stalks, is racist, sexist, or otherwise discriminatory, abusive, harassing, threatening, or offensive;
    • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
    • harvests or otherwise collects information about others, including e-mail addresses, without their consent;
    • violates any law or may be considered to violate any law;
    • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
    • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this website or by Hawtrey;
    • solicits funds, advertisers, or sponsors;
    • includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
    • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this website;
    • amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
    • disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this website or any networks connected to this website; or
    • contains hyper-links to other websites that contain content that falls within the descriptions set forth above.

Hawtrey reserves the right, but not the obligation, to monitor use of this website to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Hawtrey reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Hawtrey also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to protect Hawtrey rights and reputation, to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Hawtrey nor any third party that provides Content to Hawtrey will assume or have any liability for any action or inaction by Hawtrey or such third party with respect to any submission. Hawtrey cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. Hawtrey does not control or endorse the content, messages, or information found in any Communication Service and, consequently, Hawtrey specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service.

 

  • COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hawtrey’s copyright agent the written information specified below, or in the event of a conflict between what is set forth herein, in accordance with 17 U.S.C. Section 512. Please note that this procedure is exclusively for notifying Hawtrey and its affiliates that your copyrighted material has been infringed.

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on the website, including the URL, if applicable;
    • Your address, telephone number, and e-mail address;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you that the above information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

  • DISCLAIMERS

You understand that Hawtrey cannot and does not guarantee or warrant that the website or its Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Hawtrey does not assume any responsibility or risk for your use of the website, its Content, or the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Hawtrey. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. All product and service sales are pursuant to separate, written agreements or, if ordered through Hawtrey’s online store, the Conditions of Order as set forth in this Agreement. The Content should not be relied upon by you or any other party for personal, medical, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. HAWTREY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. HAWTREY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAWTREY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HAWTREY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT HAWTREY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. HAWTREY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS PURCHASED THROUGH HAWTREY’S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES INCLUDING WITHOUT LIMITATION OF IMPLIED WARRANTIES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Hawtrey does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

Like most websites, this website is accessible worldwide. However, not all products or services offered by Hawtrey are available to all persons or in all geographic locations. Hawtrey reserves the right to limit the provision of its products and services to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

Hawtrey attempts to display as accurately as possible the colors and images of the products shown on the website. However, because the colors and image rendering you see will depend on many factors, including your monitor or printer, Hawtrey cannot guarantee that the color and image you see matches the product look including color.

 

  • LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY CLAUSE ONLY APPLIES TO RESIDENTS OF NEW JERSEY TO THE EXTENT PERMITTED BY NEW JERSEY LAW, AND, WITHOUT LIMITATION, DOES NOT APPLY TO NEW JERSEY RESIDENTS TO THE EXTENT DAMAGE IS CAUSED TO YOU BY THE NEGLIGENT OR INTENTIONAL ACTIONS OF HAWTREY.

EXCEPT AS STATED IN THIS LIMITATION OF LIABILITY SECTION, HAWTREY, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF HAWTREY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HAWTREY AND ITS SUBSIDIARIES, AFFILIATES, PARENT CORPORATIONS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.

LIMITATIONS OF LIABILITY RELATED TO PRODUCTS AND SERVICES PURCHASED THROUGH HAWTREY’S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

SOME JURISDICTIONS, INCLUDING (AS TO CONSUMERS) NEW JERSEY, MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES TO PERSONAL OR PROPERTY DAMAGE, OR DAMAGES CAUSED BY THE NEGLIGENT OR WILLFUL ACTIONS OF HAWTREY. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

  • ADDITIONAL GOVERNING TERMS AND CONDITIONS

The website may contain additional disclosures, terms and conditions or other legal terms that apply to the goods and services being offered on the website. Wherever the website presents additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.

 

  • TERMINATION OR RESTRICTION OF ACCESS

Hawtrey reserves the right, in its sole discretion, to terminate your access to any or all of Hawtrey’s websites or any portion thereof at any time, without notice.

 

  • INDEMNITY

You will indemnify and hold Hawtrey, its subsidiaries, affiliates, parent company, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content, except to the extent such claim is due to the negligence or willful misconduct of Hawtrey.

 

  • TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Hawtrey or the party that provided the trademarks, services marks, logos, and copyrighted works to Hawtrey. Hawtrey and any party that provided trademarks, service marks, logos, and copyrighted works to Hawtrey retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website. Products sold by Hawtrey may also be subject to patent rights.

All Content is: Copyright © 2019 Hawtrey Inc, All rights reserved.

 

  • SECURITY

Any passwords used for this website including, without limitation, any customer profiles used in relation to the online store are for individual use only. You will be responsible for the security of your password (if any). Hawtrey will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Hawtrey considers insecure, Hawtrey will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Hawtrey reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Hawtrey reserves the right to investigate suspected violations of this Agreement.

Hawtrey reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Hawtrey to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS HAWTREY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HAWTREY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HAWTREY OR LAW ENFORCEMENT AUTHORITIES TO THE FULL EXTENT SUCH WAIVER IS ALLOWED BY LAW.

 

  • MISCELLANEOUS

The laws of the State of Minnesota shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or your use of the website or the Content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Hawtrey, Hawtrey may seek injunctive or other relief, including without limitation a suit for money damages, in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Hawtrey’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that Hawtrey’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the arbitrator or, where an action in court is allowed as stated in this Section 16 of the Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

No waiver by Hawtrey of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Hawtrey.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hawtrey as a result of this agreement or use of Hawtrey’s websites.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Hawtrey with respect to the website or the Content.

Hawtrey may revise this Agreement at any time by updating this posting.

Last Modified: March 27, 2019