(Date of Last Revision: August 23, 2018)
The website www.hayesperformance.com; hayesbrake.com; hayescomponents.com; AnswerProducts.com; manitoumtb.com; ProTaperMTB.com; sun-ringle.com; wheelsmith.com; and suncomponents.com (collectively or individually referred to as “the Site”) is owned and operated by HB Performance Systems, Inc. d/b/a Hayes Performance Systems and its Affiliates (collectively, “Hayes,” “we,” or “us”). The Site provides information regarding products offered by Hayes and the ability for interested customers to obtain information on the products and services provided by Hayes and in some cases, purchase goods through the Site (the “Services”). The “Affiliates” of Hayes include: Hayes Bicycle Group, Inc.; HB Powersports Group, Inc.; HB Specialty Products Group, Inc.; HB Performance Systems GmbH; and HB Government Systems, LLC.
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Hayes’, its licensors’, or the Site’s other user’s intellectual property rights. Hayes provides images of the products, and videos (“Product Information”) on the Site and grants you a limited license to make a copy and use Product Information solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute or publicly display Product Information for any other purpose or in any other public forum without the written consent of Hayes or the respective owner, including public forums such as other websites, web services, or print publications. Hayes or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Use of Personal Data
Your Communications to the Site
The following activities are expressly prohibited from the Site:
· Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
· Posting false, misleading, or fraudulent statements or content.
· Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
· Collecting personal information of other users of the Site without that user’s consent.
· Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
· Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
· Framing or deep linking into the Site.
· Accessing the Site by means of automated process, spiders, bots or similar device.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by Hayes, you must obey all applicable federal, state and local laws.
We do not allow persons under the age of thirteen (13) to use the Site. By using the Site, you represent and warrant that you are thirteen (13) years of age or over.
Disclaimer of Warranties
EXCEPT A OTHERWISE PROVIDED IN A HAYES PRODUCT WARRANTY, TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT PROVIDED BY LAW, HAYES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, HAYES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
By providing THE SERVICES on the Site, HAYES does not in any way promise that the SERVICEs will remain available to you. HAYES is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF HAYES and its affiliates, employees, agents, representatives and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRice of THE ProductS pURCHASED BY YOU OR ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL HAYES BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF HAYES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Hayes exercises no control. Hayes expressly disclaims any responsibility for the content or results from your use of such third-party websites.
Hayes respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hayes’ copyright agent with the following information.
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· Description of the copyrighted work that you claim has been infringed;
· The location on the Site of the material that you claim is infringing;
· Your address, telephone number and e-mail address;
· A statement that your claim of infringement is based on a good faith belief; and
· A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Hayes’ copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Hayes Performance Systems
5800 W. Donges Bay Road
Mequon, WI 53092 USA
Website Availability. Hayes cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although HAYES strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and HAYES disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Hayes does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Hayes Performance Systems
Attn: Marketing Department
5800 W. Donges Bay Road
Mequon, WI 53092 USA