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Henry Company - Terms of Use

Your use of this web site (the "Site") forms a legally binding contract with us, Henry Company ("Henry") based on the terms stated in this document ("Terms of Use") and our Privacy Policy.

Please read the following terms and conditions carefully before using this site ("Site"). We may revise the Terms of Use at any time without notice to you. You may not access or use the Site should you not want to be bound by these Terms of Use. The Terms of Use may be modified at any time, and any such modification shall be effective immediately upon posting of the modification. By your access and use of the Site, you agree to periodically review the Terms of Use and shall be conclusively bound by any such future modifications.

Areas of the Site may have different Terms of Use posted. If there is a conflict between these Terms of Use and terms of use posted for a specific area of the Site, the latter shall have precedence with respect to your use of that area of the Site.

The Site is not available for use by minors (those under 18 years of age), or individuals or organizations that cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.

Description Of Services

This Site provides a service ("Service") whereby Henry describes its businesses, products, capabilities, financial results and news.

Notwithstanding the above, any offer of free samples and/or shipping may be changed or withdrawn at any time and without notice and for any reason.

Consideration and Access

The consideration for this agreement shall be the mutual representations and promises we exchange in these Terms of Use, and the provision of the Service. Henry, in its sole and exclusive discretion, shall have the right at any time and for any reason, or no reason, to refuse access to this Site to any individual or entity.

Ownership and Limited License

Henry shall retain all ownership in the Site and all content generated by it that is displayed on the Site. Henry grants you a nonexclusive, revocable right to use the Site provided that you do not:

(i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,

(ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify the content that you have generated on the Site.

You agree that Henry shall not be liable to you for any modification or discontinuance of the Site and Henry may discontinue the Site and the Service without any notice to you. You also agree not to provide samples obtained from the Site to third parties or publish any information concerning such samples without obtaining permission from Henry to do so.

Information Product Use and Recommendations

Although the information and recommendations at this Site (hereinafter "Information") are presented in good faith and believed to be correct, Henry makes no representations or warranties as to the completeness or accuracy of Information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Henry be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers.

This site has been designed to provide general information about Henry and its products. This site is not intended to provide any instruction on the appropriate use of products produced and supplied by Henry. All recommendations for handling, storage or use of products, whether given in writing, orally, or to be implied from the results of tests, are based on the state of Henry's knowledge at the time such recommendations are made. Notwithstanding any such recommendations, you as the user of such products must make your own determination and satisfy yourself that the products supplied by Henry and the information and recommendations given by Henry are:

(i) suitable for the intended process or purpose,

(ii) are in compliance with environmental, health and safety regulations, and

(iii) will not infringe any third party's intellectual property rights.

Disclaimer of Warranties And Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HENRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMONG OTHER MATTERS, HENRY MAKES NO WARRANTY AND HEREBY DISCLAIMS ANY WARRANTY THAT:

(1) THE SITE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS,

(2) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS,

(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE,

(4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND

(5) ANY ERRORS ON THE SITE OR SERVICES WILL BE CORRECTED.

ANY CONTENT OR PRODUCTS, DOWNLOADED OR ORDERED, RESPECTIVELY, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, WHETHER OBTAINED BY YOU FROM HENRY, FROM A HENRY EMPLOYEE OR AGENT, OR THROUGH OR FROM THE SITE OR SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF A THIRD PARTY, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF HENRY'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER HENRY NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (COLLECTIVELY HENRY ASSOCIATES) WILL BE LIABLE FOR ANY DIRECT, 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 HENRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(1) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, OR PRODUCTS,

(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES,

(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,

(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES, OR

(5) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, PRODUCTS, LINKS, THIRD PARTY WEB SITES, AND CONTENT.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL HENRY'S, NOR HENRY ASSOCIATE'S, CUMULATIVE AND AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL DATE OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER HENRY NOR ANY HENRY ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TERMINATION OF THIS AGREEMENT WITH HENRY IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH HENRY.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

Harmful Substances

PLEASE NOTE THAT PRODUCTS MADE AVAILABLE AT THIS SITE WHETHER USED ALONE, OR WHEN USED WITH BIOLOGICS OR CHEMICALS, CAN BE MUTAGENIC, TOXIC, CARCINOGENIC OR OTHERWISE HARMFUL TO YOU AND ANYONE ELSE THAT IS EXPOSED TO THEM, AND YOU UNDERTAKE SUCH USE AT YOUR OWN RISK AND AGREE TO EXERCISE REASONABLE CARE AND COMMON SENSE REGARDING THE SAME, E.G., SUCH PRODUCTS SHOULD NOT BE EATEN, INHALED, SMOKED AND THE LIKE.

Other Contracts and Indemnification

You agree that you will not disclose to Henry or its affiliates any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to disclose. Should your participation in the Service be found to breach legal obligations you may have with other third parties, you agree to defend, indemnify and hold harmless Henry, its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Service or products obtained therefrom.

Trademarks

The trademarks, logos and service marks (collectively, the "Trademarks") used or mentioned on this site are registered and unregistered trademarks of Henry and other third parties and are legally protected. Be aware that certain product names are trademarks, even if not specifically mentioned. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to the Trademarks without the express written permission of Henry or such other third party. Your misuse of the Trademarks on this site and in its conditions is strictly prohibited.

Copyright

All content included on this site, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, HTML code, XML code, and icons, is the property of Henry and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Henry and protected by U.S. and international copyright laws. All software used on this Site is the property of Henry or its software suppliers and protected by United States and international copyright laws. Unless stated otherwise in the Terms of Use applicable to this Site, use of any material appearing on this Site is prohibited without the prior written consent of Henry.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including all laws, rules, codes and regulations of the country in which you reside. In addition, you agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which you reside.

No Third Party Reliance

You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Henry. This agreement shall have no third party beneficiaries.

Miscellaneous

You agree not to utilize or attempt to utilize the servers on which the Site is hosted in any surreptitious manner, including, without limitation, for denial-of-service attacks, nor to take any action that could be considered detrimental to the functioning of the Site. You agree not to intentionally mislead Henry as to your identity or through any of your actions, including in the acquisition of a product offered at this Site. Nothing in this Agreement shall be construed as making you the partner, joint venture, agent, legal representative, employer, or employee of Henry. You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of California, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Los Angeles, California.  This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Henry and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Henry with respect to the subject matter except as set forth herein.

No Assignment

You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.

Term of Agreement

This Agreement will become effective immediately upon any use by you of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or e-mail notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Henry may terminate this Agreement immediately for any reason.