• Terms of Use

TERMS OF USE

(Date of Last Revision: August 23, 2018)

 

The website www.hayesperformance.com; hayesbrake.com; hayescomponents.com; AnswerProducts.com; manitoumtb.com; ProTaperMTB.com; sun-ringle.com; wheelsmith.com; and suncomponents.com   (collectively or individually referred to as “the Site”) is owned and operated by HB Performance Systems, Inc. d/b/a Hayes Performance Systems and its Affiliates (collectively, “Hayes,” “we,” or “us”).  The Site provides information regarding products offered by Hayes and the ability for interested customers to obtain information on the products and services provided by Hayes and in some cases, purchase goods through the Site (the “Services”). The “Affiliates” of Hayes include:  Hayes Bicycle Group, Inc.; HB Powersports Group, Inc.; HB Specialty Products Group, Inc.; HB Performance Systems GmbH; and HB Government Systems, LLC.

The Terms and Conditions of Use Agreement (“Terms of Use”) constitute a binding agreement between you and Hayes.  Please read carefully through all sections of these Terms of Use.  Your access to and use of the Site is subject to these Terms of Use and all applicable laws.  By submitting your contact information to request information from us through the Site, or accessing and/or otherwise using the Site, you agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use, then you may not use the Site.  These Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).

 

Proprietary Rights

You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Hayes’, its licensors’, or the Site’s other user’s intellectual property rights.  Hayes provides images of the products, and videos (“Product Information”) on the Site and grants you a limited license to make a copy and use Product Information solely for your personal or internal business purposes.  Except as otherwise provided herein, you may not copy, distribute or publicly display Product Information for any other purpose or in any other public forum without the written consent of Hayes or the respective owner, including public forums such as other websites, web services, or print publications.  Hayes or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Use of Personal Data

You acknowledge and agree to Hayes’ collection and use of your Personal Information as described in the “Privacy Policy.”

 

Your Communications to the Site

Except to the extent your content or communications to Hayes include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to Hayes through the Site or by other electronic means, you thereby grant Hayes a perpetual, royalty-free, world-wide, irrevocable, non‑exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.   No compensation will be paid to you with respect to Hayes’s or its sublicensees’ use of your communications.   By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

 

Prohibited Activities

The following activities are expressly prohibited from the Site:

·       Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.

·       Posting false, misleading, or fraudulent statements or content.

·       Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.

·       Collecting personal information of other users of the Site without that user’s consent.

·       Engaging in activity that compromises the Site.  Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.

·       Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.

·       Framing or deep linking into the Site.

·       Accessing the Site by means of automated process, spiders, bots or similar device.

 

Federal and State Laws

The Site is operated from the United States.  When using the Site, on the Site, or when using any content provided by Hayes, you must obey all applicable federal, state and local laws.

 

Minimum Age

We do not allow persons under the age of thirteen (13) to use the Site.  By using the Site, you represent and warrant that you are thirteen (13) years of age or over.

 

Disclaimer of Warranties

EXCEPT A OTHERWISE PROVIDED IN A HAYES PRODUCT WARRANTY, TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE.  ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  TO THE FULLEST EXTENT PROVIDED BY LAW, HAYES DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, HAYES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

By providing THE SERVICES on the Site, HAYES does not in any way promise that the SERVICEs will remain available to you.  HAYES is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.

Limitation of Liability

THE LIABILITY OF HAYES and its affiliates, employees, agents, representatives and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE CONTENT OR SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE PRice of THE ProductS pURCHASED BY YOU OR ONE HUNDRED DOLLARS ($100).

IN NO EVENT WILL HAYES BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF HAYES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless Hayes and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the Site.  Such acts may include but are not limited to: providing content to or communicating with Hayes or its Affiliates, unauthorized use of material obtained through the Site, engaging in a prohibited activity, or any other action that breaches these Terms of Use.

Third-Party Links

The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which Hayes exercises no control.  Hayes expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints

Hayes respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hayes’ copyright agent with the following information.

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·       Description of the copyrighted work that you claim has been infringed;

·       The location on the Site of the material that you claim is infringing;

·       Your address, telephone number and e-mail address;

·       A statement that your claim of infringement is based on a good faith belief; and

·       A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Hayes’ copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

 

Hayes Performance Systems
Attn: Marketing
5800 W. Donges Bay Road

Mequon, WI 53092 USA

Marketing.Hayes@hbpsi.com

 

Miscellaneous Provisions

Assignment.  Hayes may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

Website Availability.   Hayes cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions.  Although HAYES strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and HAYES disclaims any liability for damages resulting from such problems.

Typographical Errors.  Information on the Site may contain technical inaccuracies or typographical errors.  We attempt to make the Site’s postings as accurate as possible, but Hayes does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Milwaukee, Wisconsin.

 

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at Marketing.Hayes@hbpsi.com. You also may write to us at:

Hayes Performance Systems
Attn: Marketing Department
5800 W. Donges Bay Road

Mequon, WI 53092 USA