Terms and Conditions
Hopkins Manufacturing Corporation ("Hoppy") maintains the
www.brakebuddy.com web-site (the "Site") to provide information,
products and services. Your access and use of the Site, including any purchases
made on the Site, is subject to the following Terms & Conditions
("Terms & Conditions"). By accessing and using the Site, you
accept, without limitation or qualification, the Terms & Conditions. If you
do not agree to the Terms & Conditions, do not access or use this Site.
Hopkins Manufacturing Corporation may, at any time, revise the Terms &
Conditions by updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the current Terms &
Conditions.
1. PRIVACY. Please review our Privacy statement, which also governs
your visit to the Site, to understand our practices.
2. USE OF SITE.
- You may download material displayed on the Site for non-commercial,
personal use only, provided you do not remove or alter any trademark,
copyright or other proprietary notices contained on the materials. You may
not, however, distribute, modify, transmit, reuse, report, or use the contents
of the Site for public or commercial purposes, including the text and images,
without Hopkins Manufacturing Corporations' prior written permission.
- You should assume that everything you see or read on the Site is
copyrighted unless otherwise noted and may not be used except as provided in
the Terms & Conditions (and the text on the Site) without the prior
written permission of Hopkins Manufacturing Corporation.
3. INTELLECTUAL PROPERTY. Except as noted otherwise in the text of the
Site, the trademarks, logos, service marks and all copyrightable materials
displayed on the Site constitute intellectual property owned by Hopkins
Manufacturing Corporation or which Hopkins Manufacturing Corporation has the
right to use on the Site (the "Hopkins Manufacturing Corporation
Intellectual Property"). Nothing contained on the Site should be construed
as granting, by implication, estoppel, or otherwise, any license or right to use
any Hopkins Manufacturing Corporation Intellectual Property displayed on the
Site without the prior written permission of Hopkins Manufacturing Corporation.
Unauthorized use of the Hopkins Manufacturing Corporation Intellectual Property
displayed on the Site, or any other content on the Site, is strictly prohibited.
4. PRODUCT DESCRIPTIONS AND PURCHASES OF PRODUCTS AND SERVICES. Hopkins
Manufacturing Corporation does not warrant that product or service descriptions
or other content on the Site is accurate, complete, reliable, current, or
error-free. If a product offered by Hopkins Manufacturing Corporation is not as
described, your sole remedy is to return the product in unused condition.
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE IS
PROVIDED BY HOPKINS MANUFACTURING CORPORATION ON AN "AS IS" AND
"AS AVAILABLE" BASIS. HOPKINS MANUFACTURING CORPORATION MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK. HOPKINS MANUFACTURING CORPORATION DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM HOPKINS MANUFACTURING CORPORATIONS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. HOPKINS MANUFACTURING CORPORATION WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
THE WARRANTY SET FORTH ABOVE IN SECTION 4 OF THESE TERMS & CONDITIONS IS
EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL HOPKINS
MANUFACTURING CORPORATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES OF ANY NATURE OR DESCRIPTION, DAMAGES RESULTING
FROM ANY USE OR MISUSE OF ANY PRODUCT OR ANY ACT OR OMISSION BY HOPKINS
MANUFACTURING CORPORATION, NOR WILL HOPKINS MANUFACTURING CORPORATION BE LIABLE
FOR ANY BREACH OF WARRANTY (OR OTHER OBLIGATION BINDING UPON HOPKINS
MANUFACTURING CORPORATION) IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE
PRODUCT OR SERVICE ACTUALLY PAID TO HOPKINS MANUFACTURING CORPORATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. OTHER TERMS. This Site and these Terms & Conditions will be
governed and be interpreted pursuant to the laws of the State of Kansas,
United States of America, notwithstanding any principles of conflicts of law. A
printed version of these Terms & Conditions and of any notice, consent,
approval or other communication given in electronic form will be admissible in
any judicial or other proceeding involving these Terms & Conditions to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. These Terms &
Conditions constitute the entire agreement between you and Hopkins Manufacturing
Corporation relating to the use of the Site and any purchases made through the
Site.
Hopkins Manufacturing Corporation
Home of the BrakeBuddy
428 Peyton Street
Emporia, KS 66801
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