The Handi-Foil website ("Handi-Foil Website") is owned, operated, and maintained by Handi-Foil Corporation, an Illinois corporation located at 135 Hintz Road, Wheeling, Illinois 60090 and provides information pertaining to Handi-Foil Corporation, HFA Inc., Handi-Foil Aluminum Corporation, and Ensar Corporation (collectively, "Handi-Foil").
ACCEPTANCE OF TERMS
The Handi-Foil Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Handi-Foil Website constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Handi-Foil Website included within the Handi-Foil Website may also be subject to additional terms as set forth in such section ("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 section of the Handi-Foil Website, then these terms shall control.
SITE LICENSE AND ACCESS
Handi-Foil grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Handi-Foil. This license does not include any derivative use of this 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 (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 Website, you will not use the Handi-Foil Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Handi-Foil Website in any manner which could damage, disable, overburden, or impair the Handi-Foil Website (or the network(s) connected to the Handi-Foil Website) or interfere with any other party's use and enjoyment of the Handi-Foil Website. You may not attempt to gain unauthorized access to the Handi-Foil Website, other accounts, computer systems or networks connected to the Handi-Foil Website, 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 Website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Handi-Foil Website is 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 the Handi-Foil Website. 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 Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Handi-Foil Website. Your continued use of the Handi-Foil Website 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 of the Handi-Foil Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to submit any Personal Information, as defined in the Handi-Foil Website Statement of Privacy, 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 WEBSITE 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 the Handi-Foil Website.
MATERIALS PROVIDED TO HANDI-FOIL OR POSTED AT HANDI-FOIL WEBSITE
If you post, upload, input, provide or submit any feedback, suggestions, recipes or other communications (each a "Submission" and collectively "Submissions") to the Handi-Foil Website 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 Website ("Trademarks"), including but not limited to the "Where to Buy" section, 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 the Handi-Foil Website, 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 Website 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
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Send notifications to: L. Daniel Liutikas, Esq.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain users, under a Business Agreement, may receive a password from Handi-Foil to access restricted information on the Handi-Foil Website. 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 Website 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 the Handi-Foil Website 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 Website contains restricted account information and reports ("Information") for certain users of the Handi-Foil Website 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 Website 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 Handi-Foil Website Statement of Privacy 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 WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE HANDI-FOIL WEBSITE AND TO THE INFORMATION THEREIN. HANDI-FOIL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HANDI-FOIL WEBSITE 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 THE HANDI-FOIL WEBSITE 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 THE HANDI-FOIL WEBSITE. 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 THE HANDI-FOIL WEBSITE 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 THE HANDI-FOIL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE HANDI-FOIL WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE HANDI-FOIL WEBSITE , OR OTHERWISE ARISING OUT OF THE USE OF THE HANDI-FOIL WEBSITE , 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 HANDI-FOIL WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST HANDI-FOIL. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HANDI-FOIL WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HANDI-FOIL WEBSITE.
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 Website and/or any information (text or graphical), software, or products obtained through the Handi-Foil Website 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 Website 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 Website.
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 our web-site.
