1. Acceptance. Welcome to our website. H.O. Wolding, Inc. (“HOW”) is providing you (“You”) as a visitor to our website (the “Website”) a variety of information pertaining to HOW and our business. Your use of the Website is subject to these Terms and Conditions which constitute a legal agreement between You and HOW. By using the Website you are agreeing to abide by these Terms and Conditions, SO READ THE FOLLOWING CAREFULLY.
2. Restrictions on Use. The Website and the information provided therein are solely for your personal use. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, this Website. In addition, all communications, comments, ideas, or other information that You provide or communicate to HOW through the Website shall become the exclusive property of HOW.
3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HOW AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) HOW AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOU OR YOUR PROPERTY.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HOW OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
4. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT HOW AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 HOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR PERSONAL INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE WEBSITE OR TO WHOM THE WEBSITE REFERRED YOU TO; OR (e) ANY OTHER MATTER RELATING TO THE WEBSITE.
5. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 3 AND 4 MAY NOT APPLY TO YOU, TO THE EXTENT THAT SUCH LIMITATIONS AND JURSIDICTIONS ARE APPLICABLE YOU.
6. Copyright and Trademark.
(a) Copyright. All content included on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of H.O. Wolding, Inc., or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of H.O. Wolding, Inc., and protected by United States and international copyright laws.
(b) Trademarks. [“H.O.W” is a registered trademark of H.O. Wolding, Inc.] All trademarks, tradenames, logo and other marks shown on this Website are trademarks of H.O. Wolding, Inc., or of its content suppliers. HOW’s trademarks and trade dress may not be used in connection with any product or service that is not associated with HOW’s business, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits HOW. All other trademarks not owned by HOW that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HOW.
(c) License and Website Access. HOW grants you a limited non-exclusive license to access and make personal use of this Website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HOW. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HOW. This license does not include any resale or commercial use of this Website or its contents or any derivative use of this Website or its contents.
(a) “Personal Information” is information that can identify You or be used to contact You. Examples include your name, mailing address, billing address, telephone number, birth date, age, email address, and credit card account information. HOW only collects Personal Information that You voluntarily provide. If You do not want to give us any Personal Information, You can always choose not to participate. The choice is yours. HOW may disclose your Personal Information to third parties without your consent. HOW may disclose your Personal Information if: (i) HOW is required by law to do so; or (ii) HOW has reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may be causing injury to, or interference with, HOW’s rights or property.
(b) “Non-personal Information” is information about You that is not personally identifiable, such as Internet Protocol (IP) address, browser type, host operating system, and other basic website statistical information that cannot identify a particular person. HOW automatically collects various items of non-personal information whenever the Website is visited. HOW may disclose any such Non-personal Information it collects but such Non-personal Information that is disclosed will not be logically associated with any Personal Information except as described above.
(c) Security. HOW will take commercially reasonable steps to protect Personal Information and Non-personal Information collected through the Website. However, HOW cannot ensure or warrant the security of any information You transmit to HOW through the Website and as a result, any information you provide is at your own risk.
8. Termination. HOW reserves the right, at any time and from time to time, to modify, limit, suspend, or terminate, either temporarily or permanently, your access to and use of the Website. Such action may be taken without your consent and with or without notice to You. You agree that HOW shall not be liable to You or to any third party for any such modification, limitation, suspension, or termination of your access to or use of the Website.
9. Interpretation and Construction.
(a) Severability. If any provision of these Terms and Conditions is found or declared to be invalid or unenforceable by any court having jurisdiction, such finding or declaration shall not invalidate any other provision hereof, and these Terms and Conditions shall thereafter continue in full force and effect except that such invalid or unenforceable provision, and (if necessary) other provisions hereof, shall be reformed by a court of competent jurisdiction so as to effect insofar as is practicable the intention of the parties as set forth in these Terms and Conditions. Provided, that if such court is unable or unwilling to effect such reformation, the invalid or unenforceable provision shall be deemed deleted to the same extent as if it had never existed.
(b) Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes any and all prior and contemporaneous representations, proposals, agreements, negotiations, advertisements, statements, or understandings, whether oral or written.
(c) Governing Law and Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Wisconsin and any applicable federal trademark, copyright and/or patent laws. The exclusive forum for any lawsuit or legal action that arises in whole or part out of these Terms and Conditions shall be the Circuit Court of Portage County, Wisconsin and federal courts sitting in Wisconsin and You hereby consents to the personal jurisdiction of the Circuit Court of Portage County, Wisconsin and the federal courts sitting in Wisconsin.
(d) Changes to these Terms and Conditions. Due to the constantly evolving legal, business and economic environment (especially on the Internet) it may be necessary for HOW to modify these Terms and Conditions from time to time. When changes are made, we will post a revised version on the Website. The current version of these Terms and Conditions that You have agreed to shall control as to any dispute or claim You or HOW has regarding your use of the Website. Unfortunately we cannot accept any modifications to these Terms and Conditions by You. Furthermore, none of HOW’s employees, partners, contractors or other service providers are authorized to modify these Terms and Conditions, either orally or in writing.