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Digital Manuals - Terms and conditions

Haynes® Manuals Online Terms of Use

1.         Introduction.

Thank you for visiting this page, containing the Terms of Use for our Haynes® online manuals, TECHBOOK® manuals, videos and other online products.  We refer to these collectively as our “Online Products.”  We welcome you to subscribe to one or more of our Online Products for your personal, non-commercial use. These terms govern your use of Online Products you subscribe to.

2.         Subscribing Means You Agree to These Terms.

Content and information in the Online Products may be used only according to these terms.  BY CHOOSING "I AGREE TO THE TERMS OF USE" OR SUBSCRIBING TO AN ONLINE PRODUCT, YOU AGREE TO THESE TERMS.  PLEASE READ THE TERMS BEFORE SUBSCRIBING.  These terms restrict what you are allowed to do, restrict your rights and remedies and provide protection to us.  These also include warranty disclaimers and liability exclusions.  By subscribing you acknowledge and agree this is a fair balance because the subscription is available at low charges; and if you don't agree or don't want to accept these terms, you can choose to not subscribe.  If anything is in these terms, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these terms that you consider essential, then you must not subscribe to or access any of the Online Products. 

3.         Parties to These Terms of Use.

In these Terms of Use, the word "you" refers to you, the individual who buys a subscription to our online product.  "We" or "us" or "our" refers to Haynes North America, Inc.

4.         We Require Compliance With These Terms.

You must use the Online Product only according to these Terms of Use.

5.         Copyright

The content of all Online Products is owned by or licensed to us and is protected by United States and international copyright laws.  This includes all text, images, diagrams, artwork, and all other aspects, elements and content of the Online Product.  We retain all rights to the Online Products.  They may not be copied, reproduced, transmitted, displayed, distributed, or re-presented in any form or by any means, whether print, electronic, mechanical, photocopy, recording, or otherwise, without prior written consent from us.

6.         License

After you properly subscribe and pay the subscription fee, we grant you a limited, nonexclusive, nontransferable license to personally access, only through this website (www.Haynes.com), the particular Online Products you subscribed to, according to these terms.  You agree to not use them in any way, and not do anything, that violates any of these terms. You agree to indemnify defend and hold harmless us and our affiliated entities (Haynes Publishing, Inc. and Haynes Manuals, Inc.) from and against any claim, damage, loss, liability, cost, and expense, including attorneys' fees, resulting from your use or misuse of the Online Products and from your violation of these terms.

7.         Restrictions

There are restrictions on the license, as follows:

a. In granting the license, we rely on you providing complete and accurate information that we request in the subscription process. If the information you provided is, in some way, not complete or not accurate, then at our option we can declare at any time, retroactively or at that time, the license was not or is no longer granted, and although our system may permit you to access the Online Products you sought to subscribe to, your use of the content was not or is no longer with our authorization and was or is thereafter in violation of our rights.

b. The license is personal to you, for only your personal, individual use. You must not let someone else use the license rights we grant you.  You must not share your login identification or password with anyone, and must not let someone else use your login identification or password to access any of the Online Products.

c. The license is only for noncommercial use.  Use of any Online Product to provide services in commerce to any other person or entity is not granted by this license. 

 d. The license does not allow copying, downloading, screen-printing, photographing, republishing, broadcasting, uploading, posting, transmitting, video or audio recording or in any other way reproducing or disseminating any content in the Online Products and does not allow you to make content from the Online Products available to anyone else.  But we let you print only for your own reference, during your work on your project, a particular procedural section (limited to fifty (50) in any six months; limited to six (6) in any week) that you need for the project you are doing. You must not make any further copy.

e. We reserve the right to program our system in a way that limits how much of our Online Product you can print during specific periods of time.

f. The license does not let you provide someone else with remote access, file-share, display, link, frame or mirror in another web site, server or other location, or in any form of electronic communication, or in any other way give, provide, rent, lease or sell anyone else access to any of the Online Products.

g. The license does not let you export or make use of any Online Product outside the United States in any way that violates any export law or regulation of the United States.

h. You must not access or use the Online Product in any way that violates any law or regulation or for any unlawful purpose.

i. You must not modify, translate or create any derivative work from or based on any of the Online Product and you must not try to do any of these.

j. You must not delete or change any copyright, trademark or other proprietary notice or any content in any Online Product and you must not try to do any of these. 

k. You must not take any action that may compromise security of our site, make the site inaccessible to others or more difficult for others to access, or slower to others, or damage the site or its content. You must not add to, subtract from, or otherwise modify the content in an Online Product or try to access any content that is not intended for you.

l. The restrictions and limitations stated above are examples, but are not all the restrictions and limitations. The license does not allow you to do anything that is outside the scope of the license.

8.         Term

a. The license lasts for the length of time you subscribed for access to the Online Product.  But it ends earlier if you violate the terms.

b. We could choose to offer, for a higher charge, what we call a Lifetime subscription.  If offered this refers to the length of time we make the particular Online Product available online through our website.  It does not mean lifetime of the subscriber or of the vehicle or equipment discussed in the particular Online Product.  The length of a Lifetime subscription will be at least 3 years.

9.         Conditions

The license is conditioned on you paying the license fees we charge, and any taxes and other charges, in full, on time, and complying with all terms of this license.

10.       Changes to These Terms

We can change prices and any other terms at any time.  Changes could make the license terms more favorable to us and less favorable to you.  Changes take effect on posting to this site.  The most current version of these terms of use can be reviewed by clicking on the "Terms of Use" link at the bottom of our web pages. By accessing and using an Online Product after the effective date of any change you accept the terms as modified.

11.       Changes to the Online Products

We can make changes to content or any other aspects of the Online Products at any time. 

12.       Responsibility for Your Equipment Used to Access the Manual(s)

You bear sole responsibility to obtain, maintain and operate all equipment and software you need or use to access our Online Product.  You must disable any function or feature that performs any action that would cause a violation of these terms.

13.       Responsibility for Login Identification and Password

You are solely responsible to maintain the secrecy of your login identifier and password. You agree not to disclose or share your login identifier and password with any third party. 

14.       WARRANTY DISCLAIMER

ONLINE PRODUCTS ARE PROVIDED "AS IS."  WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING CONTENT, OR ANY OTHER ASPECT OF AN ONLINE PRODUCT, OR ACCESSIBILITY THROUGH OUR WEBSITE. AS EXAMPLES, WE DO NOT WARRANT THAT YOU'LL BE ABLE TO UNDERSTAND THE CONTENTS OF AN ONLINE PRODUCT, OR ACCESS OUR WEBSITE OR ANY ONLINE PRODUCT THROUGH YOUR PARTICULAR COMPUTER, OR DEVICE, OR THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC ERRORS OR OPTIMIZED FOR YOUR DEVICE.  THESE ARE ONLY EXAMPLES.  YOU MAY ALSO EXPERIENCE OTHER PROBLEMS NOT LISTED HERE.

15.       USAGE LIMITATION

THE CONTENT IN OUR ONLINE PRODUCTS IS NOT INTENDED TO REPLACE CONSULTATION FROM A QUALIFIED PROFESSIONAL MECHANIC.  SOME TASKS SHOULD BE PERFORMED ONLY BY A QUALIFIED PROFESSIONAL MECHANIC.  NO VEHICLE REPAIR SHOULD BE ATTEMPTED BEFORE YOU DEVELOP A THOROUGH KNOWLEDGE OF THE MECHANICS, PROCEDURES AND EQUIPMENT INVOLVED IN THE REPAIR, AND RISKS INVOLVED.

16.       YOUR ASSUMPTION OF RISKS

BY UNDERTAKING TO REPAIR OR DO OTHER WORK ON A VEHICLE OR COMPONENT, YOU ASSUME ALL RISKS OF ACCIDENTS, INJURIES OR DAMAGES TO YOURSELF, YOUR VEHICLE, COMPONENT, OTHER PERSONS AND PROPERTY THAT MAY RESULT WHILE PREPARING TO DO OR WHILE DOING REPAIR OR WORK, DURING BREAKS IN DOING REPAIR OR WORK, AND AFTER REPAIR OR WORK IS DONE, INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH UNSTABLE, FALLING OR DISCONNECTED OBJECTS, SHARP POINTS AND SHARP EDGES, COMPRESSION INJURIES, FLYING OR PROJECTED OBJECTS, DANGEROUS LIQUIDS AND VAPORS, HEAT AND COLD, INCORRECT REPAIRS OR WORK, ALLERGIC AND OTHER REACTIONS, AND ALL OTHER DANGERS ASSOCIATED WITH MECHANICAL WORK. YOU ARE RESPONSIBLE FOR AND BEAR THE RISKS OF ACCIDENTS, INJURIES OR DAMAGES.

17.       LIMITATION OF LIABILITY.

YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES (SUCH AS HAYNES PUBLISHING, INC. AND HAYNES MANUALS, INC.) SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE OR LOSS, OR INJURY TO OR DAMAGE TO OR LOSS OF OR LOSS OF USE OR REDUCED FUNCTION OF ANY VEHICLE, PART, PRODUCT OR DEVICE, OR LOST REVENUE, INCOME OR PROFIT, OR REDUCTION IN VALUE, ARISING FROM YOUR USE OF AN ONLINE PRODUCT, EVEN IF THERE IS NEGLIGENCE OR OTHER CULPABLE ACT OR OMISSION BY US AND EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR INJURY OR DAMAGE. YOUR SOLE REMEDY FOR ANY SUCH ACT OR OMISSION, OR FOR BREACH OF THESE TERMS BY US THAT WE FAIL TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR TERMINATION OF YOUR SUBSCRIPTION AND REFUND OF THE UNEARNED PORTION OF THE SUBSCRIPTION FEE YOU PAID.

18.       Indemnity

You agree to indemnify, defend and hold harmless us and our affiliated entities (Haynes Publishing, Inc. and Haynes Manuals, Inc.) against all losses, claims, damages, lost revenues, value of unauthorized use, also including without limitation, reasonable attorney’s fees and costs, arising out of your infringement or misuse of the Online Products and any other act or omission by you that breaches these Terms of Use.

19.       Grounds for Us to Terminate Your Subscription

a. We can end our offering of subscriptions and elect to terminate the rest of your subscription and access at any time.  If we terminate your subscription and access before the term ends, and you were always in full compliance with these terms through the time of termination, then we will refund the remaining, unearned portion of the subscription fee you paid us.

b. We can terminate your subscription and access for any of the following reasons and if we terminate for any of these reasons, you will not be entitled to any refund:

(i) You do or try to do or permit to be done, any act, or you omit to take action, that breaches these Terms of Use.

(ii)  You make any use or dissemination of any Online Products which is not permitted by these Terms of Use.

(iii)  You fail to pay for a service you subscribed to, or fail to pay any amount when due to us; or your payment to us is dishonored, or any discrepancy interferes with our receipt or collection of your payment.

(iv) We detect or learn that someone else is using your login identification or password to access an Online Product.

(v)  We are alerted or become suspicious that there is possibly impropriety in your use of or access to any of our Online Products or in payment to us or other impropriety related to your relationship with us, even if the alert or our suspicion turns out to be incorrect.

(vi) We determine or suspect you are involved in infringing activity, also including alleged act of first-time or repeat or contributory infringement, regardless of whether the material or activity is or is not ultimately determined to be infringing and regardless whether our suspicion is incorrect. 

20.       Suspension

We can elect to suspend, rather than terminate, your access, to permit us to investigate or seek or await further information.  But we are not obligated to choose suspension.  We could terminate.  

21.       No Refund

Termination under Section 19(b), or suspension, or other action by us, does not entitle you to any refund for payments made to us.

­22.       No Notice

We do not have to give you notice that we terminated or suspended your access or subscription.  We may elect whether or not to give notice.  If you notice inability to access an Online Manual, and you ask, then after we are able to internally verify having suspended or terminated your subscription and/or access, we may inform you in response to your inquiry.

23.       Assignment

You may not assign rights or delegate duties under these Terms of Use without first obtaining prior written consent from us.  Any attempted assignment without our prior written consent shall be void and shall be a breach entitling us to terminate your subscription and access.  We are not obligated to consent. We may freely assign our rights without seeking your consent.

24.       Your Location

We make no representation that any Online Product is appropriate or available for use in any particular location or jurisdiction or by a particular person. Subscribing is your decision and your act. You are responsible to comply with all laws that may apply, including laws and restrictions on what you may lawfully view or receive or on transmission of technical data across boundaries to where you are located. Some products may be subject to export controls under U.S. law and may not be downloaded to or exported or re-exported to or accessed from or by: (a) a country to which the United States or a U.S. department or agency placed an embargo or embargo on providing or receiving such information; or (b) a person designated or restricted by the U.S. Treasury Department, U.S. Commerce Department or other U.S. department or agency from accessing or receiving such information. You represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

25.       Solving a Dispute

Any claim or dispute between you and us will be submitted to final, binding arbitration before a single arbitrator according to the Commercial Rules of the American Arbitration Association.   Arbitration shall be conducted in Newbury Park, California.  Arbitration shall be conducted on an individual, not a class-wide, basis.  Only you, individually and we (and if applicable our affiliated individual personnel and entities) may be the parties to any arbitration described in this section, and no such arbitration shall be consolidated with any other arbitration. The arbitrator shall have no authority to amend or modify these Terms of Use. Judgment on the award may be entered in any court having jurisdiction.  This provision for arbitration shall not restrict a party from requesting provisional relief in court and a request for provisional relief shall be deemed not to be a waiver of arbitration.  The prevailing party in any arbitration shall be entitled to recover reasonable attorney’s fees and other costs and expenses incurred in the arbitration and any related action or proceeding.

26.       Law and Forum

This site and our content are hosted from the State of California, USA. We are located in Newbury Park, California.  These terms of use will be interpreted and construed according to California law applicable to agreements entered into and to be performed entirely within California and thus excluding and without regard for conflict of laws provisions.

27.       Waiver

Our failure or delay of enforcing any of these terms of use shall not be a waiver of our right later to enforce each and every term of these terms of use.  Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.

28.       Third Party Beneficiaries

Our affiliates, Haynes Publishing, Inc. and Haynes Manuals, Inc., are intended to be third party beneficiaries of the provisions of these Terms of Use, each with the right to enforce these Terms of Use.

29.       Other Provisions

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions.  The underlined headings in these terms are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these terms.  These terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.

30.       Contacting Us

You may contact us by sending an e-mail to cstn@haynes.com, or writing to us at Haynes North America, Inc., 861 Lawrence Drive, Newbury Park, California 91320, whether to request written permission to make a use of a product outside the scope of these Terms of Use and for all other questions.  If you have any concern about the site or these terms, please send an e-mail or write to us at the above address. We'll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention.  We do not assure that we will be able to do so.

 

Last updated: May 1, 2016.

Copyright 2011-2016 Haynes North America, Inc.

All Rights Reserved.