Ownership of Site; Agreement to Terms & Conditions of Service & Use
HBB reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, HBB grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Web Site.
These terms and conditions of use represent the entire understanding relating to the use of this Web Site and prevail over any prior or contemporaneous, conflicting or additional communications. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Web Site is strictly prohibited. HBB reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights HBB may have. Specific areas or pages of this Web Site may include additional or different terms relating to the use of this Web Site. In the event of a conflict between such terms and these Terms of Service, such specific terms shall control.
Disclaimer of Warranty
Hamilton Beach Brands, Inc. ("HBB") MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE OR ACCESS TO OR USE OF THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HBB HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS ARISING OUT OF THIS INFORMATION AND ACCESS TO, OR USE OF, THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HBB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, OR THE USE OF OR RELIANCE ON THE INFORMATION CONTAINED IN THIS WEB SITE, EVEN IF HBB OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. HBB MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS WEB SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE. HBB SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THIS WEB SITE OR HBB'S COMPUTER SYSTEMS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE AND YOU AGREE TO HOLD HBB HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES, OUTDATED INFORMATION OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
THE USER AGREES THAT USE OF THE WEB SITE IS AT THE USER'S SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEB SITE.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web Site or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or its Content, to obtain or attempt to obtain any materials, documents or information through any means not expressly made available through the Web Site. HBB reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Web Site, or its other systems or networks connected to the Web Site or to any HBB server, or to any of the services offered on or through the Web Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Web Site or any network connected to the Web Site, nor breach the security or authentication measures on the Web Site or any network connected to the Web Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web Site, or any other customer of HBB, including any HBB account not owned by you, to its source, or exploit the Web Site or any service or information made available or offered by or through the Web Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or HBB's systems or networks, or any systems or networks connected to the Web Site or to HBB.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any transaction being conducted on the Web Site, or with any other person's use of the Web Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to HBB on or through the Web Site or any service offered on or through the Web Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Web Site or its Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of HBB or others.
Intellectual Property Rights
(a) All intellectual property rights included in or related to the web site (including but not limited to copyrights, trademarks, trade dress and service marks), are owned or licensed by HBB. Users acknowledge that all data developed and/or collected by HBB in connection with the operation of the Web Site shall be the exclusive property of HBB. Users are prohibited to reproduce, reverse engineer, transmit, disassemble, modify or create derivative works with respect to the Web Site. Nothing on this Web Site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Web Site, without the prior written permission of HBB. Any rights not expressly granted herein are reserved.
(b) All third party content published on the Web Site is the property of respective third party owners and may not be copied or distributed in any way by Users for any commercial purposes.
(c) TRADEMARKS. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of HBB and other third parties that have authorized the use of such Trademarks on the Web Site. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web Site without the written permission of HBB or the appropriate third party. Your use of the Trademarks displayed on the Web Site, or any other content on the Web Site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that HBB will aggressively enforce its intellectual property rights to the fullest extent of the law.
"Hamilton Beach" and "Proctor-Silex" and/or all other HBB marks referenced herein are either trademarks or registered trademarks of HBB. Other marks may be the trademarks of their respective owners.
Privacy of User Information
Availability of Products and Services
The information provided at this Web Site can be accessed throughout the world. HBB controls and manages this Web Site from its facilities in the United States of America. Unless otherwise stated, materials and content on this Web Site are presented solely for promoting products and services in the United States of America. Information published on this Web Site may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this Web Site are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.
HBB may provide links to other web sites on the World Wide Web, which let the User leave HBB's site. The linked sites are not under the control of HBB and the User acknowledges and agrees that access to any other Internet site linked to this Web Site is at the user's own risk and that HBB is not responsible for the availability of such external sites, and does not endorse and is not liable for any content, advertising, products or other materials on or available on such third party sites. HBB expressly disclaims any responsibility to filter any such content.
HBB is pleased to hear from its customers. However we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Please do not send us any original creative materials such as product ideas or suggestions except in compliance with procedures that we may specifically state on the Web Site. Anything you disclose or offer to us by or through this Web Site ("Communications"), including e-mails to HBB or postings on interactive portions of this Web Site, shall be deemed and shall remain the property of HBB. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. HBB is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. BY SUBMITTING COMMUNICATIONS TO US THROUGH THIS WEB SITE, THROUGH E-MAIL, OR THROUGH ANY MEANS OTHER THAN THROUGH THE PROCEDURES OUTLINED ELSEWHERE IN THIS WEB SITE, YOU HEREBY RELEASE HBB FROM ANY LIABILITY UNDER ANY LEGAL THEORY IN CONNECTION WITH THE USE, MODIFICATION, SALE, OR DISCLOSURE OF ANY COMMUNICATIONS. By uploading or otherwise providing any Communications to this Web Site or HBB, you hereby grant HBB, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
Interactive Areas and Code of Acceptable Conduct
HBB does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this Web Site, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this Web Site, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:
- You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
- You will not upload viruses or harmful components.
- You will not use the website to further any illegal purpose or to violate the rights of any party.
- You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
HBB will assist law-enforcement officials investigating illegal activity or violations of these Terms of Service.
Products, Services and Software
A description or reference to a product, service or publication on this Web Site (including any description or reference via hyperlink) does not imply endorsement by HBB of that product, service or publication. Products and software offered through this Web Site shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. Downloading software from this Web Site does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this Web Site is copyrighted by HBB or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.
Copyright or Other Intellectual Property Infringement Notification
If you believe that any of the information posted to this web site infringes a copyright, trademark, patent or other right of another party, please contact HBB's Designated Agent via e-mail at email@example.com, by mail to Attn: Webmaster, Hamilton Beach Brands, Inc., 4421 Waterfront Drive, Glen Allen, Virginia 23060. Or you can contact us by telephone at 1-877-474-1122 (US) or (804) 273-9777.
You agree to indemnify and hold HBB its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, damages, claims or expenses (including attorneys' fees), made against HBB by any third party due to or arising out of or in connection with your use of the Web Site.
Jurisdiction and Choice of Law
These Terms of Service and Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States of America, without giving effect to any laws or principles of choice of law. You and HBB irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Henrico County and Richmond, Virginia, in connection with any action arising out of or related to these terms and conditions of use or their subject matter. You and HBB waive any objections based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
If any provisions of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Service and shall not affect the validity and enforceability of any of the remaining terms.
Last Updated: September 10, 2006