Terms of Use

TERMS OF USE AND NOTICES

HANDI-FOIL SITES

As used herein, “Handi-Foil Sites” means, collectively, the Handi-Foil website located at www.handi-foil.com ("Handi-Foil Website") and any and all other Web sites and Web pages operated, maintained and/or controlled by Handi-Foil Corporation, an Illinois corporation located at 135 Hintz Road, Wheeling, Illinois 60090, HFA Inc., Handi-Foil Aluminum Corporation, and Ensar Corporation (collectively, "Handi-Foil").

ACCEPTANCE OF TERMS

The Handi-Foil Sites and their related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of any Handi-Foil Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Handi-Foil Site or any portion(s) thereof may also be subject to additional terms as set forth therein or linked therefrom ("Additional Terms").

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Handi-Foil Site or any portion thereof, then these Terms of Use and Notices shall control.

SITE LICENSE AND ACCESS

Handi-Foil grants you a limited license to access and make personal use of the Handi-Foil Sites and not to download (other than page caching) or modify any Handi-Foil Site, or any portion of any Handi-Foil Site, except with the express written consent of Handi-Foil. This license does not include any derivative use of any Handi-Foil Site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Handi-Foil and/or its affiliates without express written consent of Handi-Foil. You may not use any meta tags or any other "hidden text" utilizing Handi-Foil's name or trademarks without the express written consent of Handi-Foil. Any unauthorized use terminates the permission or license granted by Handi-Foil.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Handi-Foil Website home page at www.handi-foil.com so long as the context within which the link is displayed does not portray Handi-Foil, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Handi-Foil logo or other proprietary graphic or trademark as part of the link without express written permission of Handi-Foil.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Handi-Foil Sites, you will not use any Handi-Foil Site for any purpose that is unlawful or prohibited by these Terms of Use and Notices. You may not use any Handi-Foil Site in any manner which could damage, disable, overburden, or impair the Handi-Foil Sites (or the network(s) connected to the Handi-Foil Sites) or interfere with any other party's use and enjoyment of the Handi-Foil Sites. You may not attempt to gain unauthorized access to any Handi-Foil Site, other accounts, computer systems or networks connected to any Handi-Foil Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Handi-Foil Sites.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Handi-Foil Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from any Handi-Foil Sites. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Handi-Foil and Handi-Foil's business partners and customers ("Business Agreement"), the Business Agreement shall control.

MODIFICATION OF THESE TERMS OF USE

Handi-Foil reserves the right to change the terms, conditions, and notices concerning use of the Handi-Foil Sites without notice. You are responsible for regularly reviewing these Terms of Use and Notices and any Additional Terms posted on any particular Handi-Foil Site or portion thereof. Your continued use of the Handi-Foil Sites constitutes your agreement to all such terms, conditions, and notices.

TERMINATION/ACCESS RESTRICTION

Handi-Foil reserves the right, in its sole discretion, to terminate or limit your access to any or all Handi-Foil Sites or any portion(s) thereof at any time, without notice.  Without limiting the foregoing, your access to the Handi-Foil Sites may be terminated if you post, upload or make available material that infringes a copyright.

You must be at least 18 years of age to submit any Personal Information, as defined in the Privacy Policy available at the Handi-Foil Website (“Privacy Policy”), to Handi-Foil. As such, if you attempt to submit any Personal Information to Handi-Foil, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE HANDI-FOIL SITES IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or account(s) to access any Handi-Foil Site.

MATERIALS PROVIDED TO HANDI-FOIL OR POSTED AT A HANDI-FOIL SITE

If you post, upload, input, provide or submit any feedback, suggestions, recipes or other communications (each a "Submission" and collectively "Submissions") to any Handi-Foil Site or to Handi-Foil, you are irrevocably granting Handi-Foil, its affiliated companies and its designees and sub licensees permission and license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works from, and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Handi-Foil is under no obligation to post or use any Submission you may provide and Handi-Foil may remove any Submission at any time in its sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works from, and reformat your Submission.

TRADEMARKS

All trademarks that appear on the Handi-Foil Sites ("Trademarks"), including but not limited to the "Where to Buy" section of the Handi-Foil Website, are trademarks or registered trademarks of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Handi-Foil or its subsidiaries.

HANDI-FOIL

is a registered trademark of Handi-Foil in the United States and a common law trademark of Handi-Foil in other countries.

The Trademarks are valuable assets of their respective owners and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to their respective owners and, as such, may only by used by their respective owners, licensees or other authorized persons or entities for the benefit of their respective owners and only in connection with the products and services authorized by their respective owners. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Handi-Foil, its affiliates or subsidiaries is strictly prohibited.

You may not use any of the Trademarks in any manner without the prior written consent of their respective owners. Any unauthorized use is expressly prohibited by law and violators will be prosecuted to the maximum extent possible according to applicable law, without notice.

COPYRIGHT

All content that is made available to view and/or download in connection with any Handi-Foil Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations, ("Content") and software ("Software"), is wholly owned by and is the copyrighted work of Handi-Foil and/or its suppliers and is protected by United States copyright laws and international treaty provisions. Unless otherwise indicated, the compilation of all content on the Handi-Foil Sites is the exclusive property of Handi-Foil and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Handi-Foil and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.

Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Handi-Foil respects the rights of copyright holders and has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Handi-Foil Sites who repeatedly infringe the rights of copyright holders.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide the following information as required by Title 17, United States Code, Section 512:

•           a physical or electronic signature of a person authorized to act on behalf of the copyright owner;

•           identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works are covered by a single notification, a representative list of such works);

•           identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Handi-Foil to locate the material;

•           information reasonably sufficient to allow Handi-Foil to contact you, such as an address, telephone number, and e-mail address;

•           a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•           a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Handi-Foil’s Designated Agent. Send notifications to:

Glenn D. Taxman, Esq.

Much Shelist Denenberg Ament & Rubenstein, P.C.
8001 Irvine Center Drive, Suite 400
Irvine, CA  92618
949-851-7475 Tel.
312.521.2100 Fax.
gtaxman@muchshelist.com

MEMBER ACCOUNT, PASSWORD, AND SECURITY

Certain users, under a Business Agreement, may receive a password from Handi-Foil to access restricted information on one or more Handi-Foil Sites. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Handi-Foil immediately of any unauthorized use of your account or any other breach of security or if any of your officers, employees, or anyone else who has access to the password is no longer employed by or affiliated with you. Handi-Foil will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may and will be held liable for losses incurred by Handi-Foil or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Handi-Foil. You acknowledge that your failure to adhere to this MEMBER ACCOUNT, PASSWORD, and SECURITY provision may cause serious and potentially irreparable injury to Handi-Foil. As such, breach of this provision shall be construed as a material breach of this Terms of Use and Handi-Foil shall pursue any and all legal recourse available to remedy such breach, including but not limited to monetary damages, specific performance, and other injunctive relief.

LINKS TO THIRD PARTY SITES

The Handi-Foil Sites may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Handi-Foil and Handi-Foil is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Handi-Foil is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Handi-Foil responsible if the Linked Site is not working appropriately. Handi-Foil is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Handi-Foil of the site or any association with its operators. You are responsible for viewing, being aware of and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings by you with third parties (including advertisers, sponsors, or affiliates) included within any Handi-Foil Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Handi-Foil shall not be responsible or liable for any part of any such dealings or promotions.

PRODUCT DESCRIPTIONS, ACCOUNT INFORMATION, AND REPORTS

Handi-Foil and its affiliates attempt, in good faith, to be as accurate as possible with product descriptions. However, Handi-Foil does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product offered by Handi-Foil is not as described, your sole remedy is to return the unused product to the place of purchase for a refund in accordance with the applicable return policy.

The Handi-Foil Sites contains restricted account information and reports ("Information") for certain users of the Handi-Foil Sites accessible with the appropriate user name and password combination. Although Handi-Foil attempts to be as diligent as possible in providing current and accurate information, Handi-Foil does not warrant that the Information is accurate, complete, reliable, current, or error-free.

AVAILABILITY OF PRODUCTS

Handi-Foil strives to maintain a consistent selection of products and to maintain the availability of such products. However, Handi-Foil may change the range and type of products offered for sale on the Handi-Foil Sites and/or limit quantities of available product at Handi-Foil's own discretion and without any obligation to provide advance notice.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy for disclosures relating to the collection and use of your Personal Information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE HANDI-FOIL SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HANDI-FOIL SITES AND TO THE INFORMATION THEREIN. HANDI-FOIL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN ANY  HANDI-FOIL SITE AT ANY TIME.

HANDI-FOIL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN ANY HANDI-FOIL SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HANDI-FOIL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT HANDI-FOIL SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY HANDI-FOIL SITE. YOU SPECIFICALLY AGREE THAT HANDI-FOIL IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT HANDI-FOIL IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ANY  HANDI-FOIL SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL HANDI-FOIL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF ANY HANDI-FOIL SITE, WITH THE DELAY OR INABILITY TO USE ANY HANDI-FOIL SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH ANY HANDI-FOIL SITE, OR OTHERWISE ARISING OUT OF THE USE OF ANY HANDI-FOIL SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HANDI-FOIL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, HANDI-FOIL'S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO HANDI-FOIL TO ACCESS THE APPLICABLE HANDI-FOIL SITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST HANDI-FOIL. IF YOU ARE DISSATISFIED WITH ANY HANDI-FOIL SITE OR PORTION THEREOF, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICABLE HANDI-FOIL SITE.

INDEMNIFICATION

You agree to indemnify and hold Handi-Foil, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Handi-Foil Sites and/or any information (text or graphical), software, or products obtained through any Handi-Foil Site and/or from Handi-Foil.

APPLICABLE LAW

All disputes against Handi-Foil, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Handi-Foil's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; product descriptions; account information; reports; pricing; and disclaimer of warranties shall be governed under the laws of the State of Illinois.

ARBITRATION

Any controversy or claim arising out of or relating to any disputes between the parties hereto, including the disputes listed in the Applicable Law section above and any claim or controversy as to the arbitrability of any claim or controversy and any claim for rescission, which the parties are unable to resolve after using their best efforts to resolve, shall be settled by arbitration by a panel of three impartial arbitrators in Chicago, Illinois in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators shall be chosen as follows: Each party shall select an arbitrator, and a third arbitrator shall be selected jointly by Handi-Foil and you. In the event that Handi-Foil and you are unable to select jointly a third arbitrator, then the two arbitrators selected independently by Handi-Foil and you shall select a third arbitrator. Each arbitrator shall have no less than two years' experience in the Internet and manufacturing industries. No person shall be appointed an arbitrator if the person has a conflict between his personal, business or employment interests and the interests of Handi-Foil and you in their business or the protection of their confidential information. Arbitration shall be conducted in accordance with the Federal Rules of Civil Procedure of the United States of America, including the availability of discovery, and the Federal Rules of Evidence of the United States of America. In all circumstances, arbitration shall be conducted on an individual, not a class-wide, basis. Judgment upon the award rendered by the arbitrators may be entered and enforced in any court having jurisdiction thereof.

SEVERABILITY

If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

LANGUAGE

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

ENTIRE AGREEMENT

Unless otherwise specified herein, this Terms of Use constitutes the entire agreement between the user and Handi-Foil with respect to the Handi-Foil Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Handi-Foil with respect to the Handi-Foil Sites.

ELECTRONIC RECORDS AND COMMUNICATIONS

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CUSTOMER SERVICE

If you have any questions, comments, or concerns, please contact our customer service department via e-mail by going to the contact us section of the Handi-Foil Website.