2. About Us
We are Haynes Manuals, Inc. (referred to as "we," or "us" or "our"). We are incorporated in California. Our address is 859 Lawrence Drive, Newbury Park, California 91320, USA.
3. Accessing Our Site
Access to our site is permitted on a temporary basis. We reserve the right to modify or end any service we provide on our site at any time, without notice. We will not be liable if for any reason our site is unavailable for any period, whether or not the unavailability was within our control.
From time to time, we may restrict access to parts of our site, or our entire site, whether to users who registered with us or to the public.
If you choose, or you are provided with, a user identification code, password or other information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or assigned by us, at any time. This could occur if we are concerned that possibly you have not complied with a provision of these terms (even if we are incorrect) or for any other reason. If you become aware of a disclosure or security breach for a user identification code or password or other information, you must notify us immediately.
You are responsible to make all arrangements necessary for you to access our site. You are responsible to ensure that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
4. Acceptable Use Policy
(a) You may use our site only for lawful purposes. You must not use our site:
(i) in any way that violates any applicable federal, state or local law or regulation;
(ii) in any way that is unlawful or fraudulent, or with any unlawful or fraudulent purpose or effect;
(iii) to harm or attempt to harm any minor or other person in any way;
(v) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotion material or any form of solicitation (spam);
(vi) to transmit, send or upload any data or material that contains any virus, Trojan horse, worm, time-bomb, keystroke logger, spyware, adware or any harmful program or computer code designed to invade, hurt, disrupt or misuse the operation of any computer software or hardware or system.
(b) You agree not to reproduce, duplicate, copy, re-sell or purport to re-sell any part of our site, and not to access without authority, interfere with, damage or disrupt any part of our site or any software used in our site or any equipment or network or software owned or used by any third party.
If we determine, in our discretion, that a breach of this acceptable use policy may have occurred through your use of our site, we may take whatever action we deem appropriate.
All or substantially all content in our site is owned by or licensed to us and is protected by United States and international copyright laws. This includes all text, images, artwork, sound, and all other content, elements and aspects of our site. We retain all rights to the contents of our site. The contents of our site may not be reproduced, transmitted, displayed or distributed, in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from us.
You must not modify paper or digital copies of any materials you print or download and you must not use any illustration, photograph, video or audio sequence or any graphics separately from accompanying text.
You must not infringe any intellectual property rights on our site or use any part of the materials on our site for any commercial purpose without obtaining a license or permission to do so in writing from us.
You must not use any of our trademarks or trade names without our consent.
6. Our Site Can Change
7. Do Not Rely on Information Posted
Content of any kind and nature on our site is not advice that you may rely on. We disclaim all liability and responsibility arising from reliance on such materials.
8. Disclaimers and Limitations of Liability
(a) THE CONTENTS OF OUR SITE 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 ANY CONTENT, OR ACCESSIBILITY OF OUR WEBSITE. AS EXAMPLES, WE DO NOT WARRANT THAT YOU'LL BE ABLE TO UNDERSTAND THE CONTENT OR ACCESS OUR WEBSITE WHETHER THROUGH YOUR PARTICULAR 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 OR OTHER ERRORS; OR THAT OUR SITE OR SERVER IS FREE FROM VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER CONTENT OR ELEMENTS THAT ARE MALICIOUS OR HARMFUL OR FREE FROM DELAY OR FAILURE TO PERFORM WHETHER DUE TO OR CAUSED BY FACTORS WITHIN OR BEYOND OUR CONTROL.
(b) YOU AGREE THAT WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY 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 OF ANY VEHICLE OR DEVICE OR LOST REVENUE, INCOME OR PROFIT ARISING FROM YOUR USE OF A MANUAL OR TECH BOOK, 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 DAMAGE. YOUR SOLE REMEDY FOR A CLAIM OF ANY KIND OR NATURE THAT WE ARE UNABLE TO CURE AFTER REASONABLE NOTICE FROM YOU AND OPPORTUNITY TO CURE, SHALL BE YOUR ELECTION TO NO LONGER USE THIS SITE.
You agree to indemnify, defend and hold harmless us and our employees, representatives and agents from and against any claims, actions, demands or other proceedings brought against any of us, our employees, representatives or agents, by a third party, to the extent such claim, suit, action or other proceeding based on or arise in connection with:
(a) infringement by you of our rights in our website or content; or
(b) libel, slander, disparagement or defamation by you related to use of our site; or
10. Information About You; Information You Provide
11. Transactions Concluded Through Our site
Your purchase of merchandise or service through our site or through your visit to our site, are also subject to these terms and conditions.
12. Viruses, Hacking and Other Offences
You must not misuse our site by introducing any virus, trojan, worm, logic bomb or other material which is malicious or harmful. You must not try to gain or actually gain unauthorized access to our site, any server or other facility on which our site or its elements are stored or any server, computer, database or other facility connected to our site. You must not attack our site by a denial-of-service attack or distributed denial-of service attack or similar kind of activity.
We are not liable for loss or damage caused by a distributed denial-of-service attack, virus or other harmful material that may infect your device, equipment, program, data or other proprietary material due to your use of our site or to your downloading any material posted on our site, or on any website linked to our site.
13. Linking to Our site
You may link to our home page, provided you do so in a way that is legal and does not damage our reputation or make unauthorized or unlawful use of our property and/or content. Your link must not suggest or imply any association, approval or endorsement by us.
You must not establish a link from any website not owned by you.
You must not frame our site on another site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you link must comply in all respects with the content standards in our acceptable use policy in section 4 above.
If you wish to use material on our site other than stated, please address inquire to email@example.com.
14. Links from Our Site
Links from our site to third parties are provided for information only. We do not control the contents of those sites, and accept no responsibility for them or for loss or damage that may arise from your use of or accessing them.
15. Content or Copyright Complaints
(a) We seek to respect intellectual property of others. If you believe any content in our site may infringe your copyright or other rights, please provide our copyright agent the following information:
(i) Electronic or physical signature of the person authorized to act on behalf of the owner of the claimed copyright;
(ii) description of copyrighted work you claim is infringed;
(iii) location and description in our site where the material is located that you claim is infringing;
(iv) your name, address, phone number and e-mail address;
(v) statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
(vi) statement by you, under penalty of perjury, that the above information in your notice is accurate and you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on our site is:
Mary Anne Porter
859 Lawrence Drive
Newbury Park, California 91320
17. Waiver and Severance
We make no representation that any of our content is appropriate or available for use in any particular location or jurisdiction. You are responsible to comply with local laws, including laws on viewing or receipt of contents of our site and transmission of technical data exported from the USA or the territory where you are located. Some content could be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported or accessed: (a) from any country which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) by anyone in the U.S. Treasury Department's Specially Designated national list, or (c) to anyone on the U.S. Commerce Department's Table of Denial Orders. 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.
19.Solving Any Dispute
20.Law and Forum
23. Third Party Beneficiaries.
24. Other Provisions.
If any part of these terms and conditions 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.
25. Contacting Us.
26. Refund Policy
Haynes handles returns on a case-by-case basis with the objective of satisfying the customer. We stand behind our products and we want our customers to be satisfied with them.
If you have an issue with the product you have purchased from us, please inform us in writing at firstname.lastname@example.org with your order number within 7 days of the receipt of your order.
If the products have been delivered to you, any books that were purchased from Haynes.com must be returned in good condition and shipped to us at your own cost.
If a refund is issued for a Haynes digital product, you will no longer have access to your Haynes digital manual.
Any gift cards or codes purchased and redeemed on the Haynes site cannot be refunded by us and must be returned to the original place of purchase with your receipt.
You will be issued a full refund of your purchase (minus costs of the original purchase should this apply) within a week of approval. However, Haynes cannot be responsible for delays by your banking institution regarding a refund to your credit card as that is out of our control.
Effective May 1, 2016