Terms & Conditions for The Heimerdinger Cutlery Company Incorporated and its Subsidiaries and Affiliates (“Heimerdinger Cutlery”)
By using the websites hosted by Heimerdinger Cutlery Company Incorporated (“Heimerdinger Cutlery”) and its affiliates (collectively referred to as the “Heimerdinger Cutlery Website”), you agree to be bound by all of the terms and conditions outlined herein and to use the Heimerdinger Cutlery Website only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If you do not agree with these Terms and Conditions, you must immediately stop using the Heimerdinger Cutlery Website.
Heimerdinger Cutlery reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Heimerdinger Cutlery Website. Changes in these Terms and Conditions will be effective when such change is posted. Your continued use of the Heimerdinger Cutlery Website after any changes to these Terms and Conditions are posted on the Heimerdinger Cutlery Website will be considered acceptance of those changes. Heimerdinger Cutlery may terminate, change, suspend or discontinue any aspect of the Heimerdinger Cutlery Website, including the availability of any features of the Heimerdinger Cutlery Website , at any time. Heimerdinger Cutlery may also impose limits on certain features and services or restrict your access to parts or the entire Heimerdinger Cutlery Website without notice or liability. Heimerdinger Cutlery may terminate the authorization, rights and license given herein.
Heimerdinger Cutlery Intellectual Property:
All content included on the Heimerdinger Cutlery Website, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Heimerdinger Cutlery or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for your own personal use or in connection with any business relationship between yourself and Heimerdinger Cutlery and such materials may be downloaded to your own hard disk or sent to a printer solely for that purpose. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of these pages without the express written permission of Heimerdinger Cutlery. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of Heimerdinger Cutlery. All rights are hereby reserved.
Use of content:
All information and content included on the Heimerdinger Cutlery Website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Heimerdinger Cutlery strives to provide accurate and up-to-date material on the Heimerdinger Cutlery Website. However, Heimerdinger Cutlery makes no warranties or representations as to the accuracy or timeliness of the material provided through the Heimerdinger Cutlery Website. Heimerdinger Cutlery assumes no liability or responsibility for any errors or omissions on the Heimerdinger Cutlery Website.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Heimerdinger Cutlery Website, to alter the Heimerdinger Cutlery Website in any way, or to impede others’ access to and freedom to enjoy and use the Heimerdinger Cutlery Website.
For your convenience, Heimerdinger Cutlery may provide links to websites belonging to other companies, including affiliates of Heimerdinger Cutlery. Those websites are not under the control of Heimerdinger Cutlery and Heimerdinger Cutlery does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that Heimerdinger Cutlery has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present of those sites.
Each user of the Heimerdinger Cutlery Website agrees to indemnify and hold harmless Heimerdinger Cutlery, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Heimerdinger Cutlery Website and the content herein.
Limitation of liability:
NEITHER HEIMERDINGER CUTLERY, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HEIMERDINGER CUTLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE HEIMERDINGER CUTLERY WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE HEIMERDINGER CUTLERY WEBSITE; OR (IV) ANY OTHER MATTER RELATING TO THE HEIMERDINGER CUTLERY WEBSITE OR ITS CONTENTS.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of the Terms and Conditions are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Heimerdinger Cutlery to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions represent the entire agreement between Heimerdinger Cutlery and you with respect to its subject matter, and may be amended only by Heimerdinger Cutlery. These Terms and Conditions shall be governed by the laws of the Commonwealth of Kentucky, without regard to principals of conflicts or choice of laws.