Terms of use

 

1. Acceptance of Terms

HOPPECKE Batteries, Inc. (“HOPPECKE”) makes this site available to you subject to

the following Terms of Use, which may be updated by HOPPECKE from time to time

without notice. Please check these Terms of Use periodically for changes. If you do not

agree to the Terms of Use, please do not use this site. By using this site, you

acknowledge that you have read, understood and agree to these Terms of Use. Your

continued use of this site following the posting of any changes to the Terms of Use

constitutes acceptance of those changes. You agree that at all times you shall keep

confidential, maintain and control all user names and passwords used to limit your access

to site, and that you are exclusively responsible for all activities that occur in connection

with such user names and passwords. You agree to immediately notify HOPPECKE of

any disclosure to, or use of, any such user names or passwords by any other individual.

HOPPECKE will not be liable for any loss or damage of any kind, under any legal

theory, caused by your failure to comply with the foregoing obligations.
Privacy Policy, which can be found at www.hoppecke-us.com
database or directory without written permission from HOPPECKE is prohibited.
patent, copyright, trademark or other intellectual property or proprietary rights.
PERMITTED BY LAW.
any available defenses.
country in which you reside.
info@hoppecke-us.com
site or some or all of the services offered through it.



2. Privacy Policy

Any information including personal data (e.g., your name, address, telephone number, email

address) you transmit to this site will be used by us in accordance with this site’s

3. Site Content

You acknowledge and agree that all content of this site, such as articles, text, graphics,

images, links, and other material contained on this site, as well as any support materials

(e.g., newsletters and brochures) (collectively, “Content”) is protected by copyrights,

trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

You agree that as between you and HOPPECKE, HOPPECKE is the owner of all such

Content. You may not reproduce, distribute, republish or retransmit any Content or

materials posted at this site without the prior written permission of HOPPECKE. Except

as expressly authorized by HOPPECKE, you agree not to sell, license, rent, modify,

distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,

edit, or create derivative works from such materials or Content. Notwithstanding the

above, you may print or download one or more copies of any material posted on this

website for your commercial purposes, and one copy of any other Content on this site on

any single computer for your personal, non-commercial use, provided you keep intact all

copyright and other proprietary notices. Systematic retrieval of data or other Content

from this site to create or compile, directly or indirectly, a collection, compilation.

4. Third Party Sites/Information

This site may provide links to, or information gathered from, other sites on the Internet.

HOPPECKE makes no representations whatsoever about these sites or this information.

Other sites linked to this site may contain information or material that some people may

find inappropriate or offensive. The provision of links to, or information gathered from,

other sites on the Internet should not imply HOPPECKE’s endorsement of any such sites

or any association between HOPPECKE and these other sites’ operators. These sites are

not under the control of HOPPECKE, and you acknowledge that HOPPECKE, its

affiliates, and its licensors are not responsible for the accuracy, legality, decency,

copyright compliance, or any other content of, or gathered from, such sites. You also

acknowledge that HOPPECKE, its subsidiaries, its affiliates, and its licensors shall not be

responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be

caused by or in connection with use of or reliance on the content, goods or services

available on or through any sites linked to this site, or your transmission of information,

including personal data, to third-parties through such other sites.

 

 

5. Submissions. You represent, warrant and covenant that your submissions to the site are

not confidential or proprietary, and you grant us the worldwide, royalty free, perpetual,

irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify,

adapt, publish, translate, create derivative works from, distribute, perform and display

such submissions (in whole or in part), in any form, media, or technology now known or

later developed. You also represent, warrant and covenant that You will only submit

bona fide orders for products and services through the site. If You provide a trademark

(e.g., company logo) owned by you, your company, or your customer, to be used by

HOPPECKE in connection with the sale of products or services to You or Your customer

(including, without limitation, the creation of purchase orders), You also grant to

HOPPECKE a royalty-free, non-exclusive right and license to use such trademark in

connection with its activities associated with sales to You, subject to such reasonable

restrictions as you may require. The foregoing licenses do not affect your ownership of

the Submissions, unless we and you otherwise agree in writing. You represent and

warrant that you have all rights necessary to grant such licenses to us without

infringement or violation of any third party rights including, without limitation, any

 

 

6. Disclaimer of Warranties

The Content on this site is for informational purposes only. ALL CONTENT

INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION,

SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE

THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR

YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR

WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,

BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

HOPPECKE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT

THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT

THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;

THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE

CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR

USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL

DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS

SITE IS DONE AT YOUR OWN DIRECTION 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

MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE

EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

 

 

7. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HOPPECKE, ITS AFFILIATES, OR ITS

LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING,

WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL

DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR

OTHER INTANGIBLE LOSSES (EVEN IF HOPPECKE HAS BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION,

ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES

RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES

PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH

OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF

YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY

THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO

THE SITE. HOPPECKE, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE

LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT

TO EXCEED THE PURCHASE PRICE RECEIVED BY HOPPECKE FOR THE

PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES

WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF

HOPPECKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR

LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES HOPPECKE’S

LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT

 

 

8. Representations and Warranties

You represent, warrant and covenant that: (a) you have the power and authority to enter

into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this site only as set forth in these Terms of Use.

 

 

9. Indemnity

You agree to indemnify and hold HOPPECKE and its subsidiaries, affiliates, officers,

agents, co-branders or other partners, and employees, harmless from any claim or

demand, including attorneys’ fees, made by any third party due that arise from your use

or misuse of this site, or breach of any warranty, covenant, representation or term

contained in these Terms of Use. HOPPECKE reserves the right, at its own expense, to

assume the exclusive defense and control of any matter otherwise subject to

indemnification by you, in which event you will cooperate with HOPPECKE in asserting

 

 

10. International Use

HOPPECKE makes no representation that materials or Content on this site are

appropriate or available for use in locations outside the United States, and accessing them

from territories where the Content or materials are illegal is prohibited. If you access this

site from locations outside of the United States you do so on your own initiative and you

are responsible for compliance with local laws. You agree to comply will all applicable

laws regarding the transmission of technical data exported from the United States or the

 

 

11. Copyright Policy

HOPPECKE respects the intellectual property rights of others and expect visitors to this

site to do the same. HOPPECKE will respond to notices of alleged copyright

infringement that comply with applicable law and are properly provided to us. If you

believe that your content has been copied in a way that constitutes copyright

infringement, please provide contact details to HOPPECKE using the information below

and provide the following: (i) a physical or electronic signature of the copyright owner or

a person authorized to act on their behalf; (ii) identification of the copyrighted work

claimed to have been infringed; (iii) identification of the material that is claimed to be

infringing or to be the subject of infringing activity and that is to be removed or access to

which is to be disabled, and information reasonably sufficient to permit us to locate the

material; (iv) your contact information, including your address, telephone number, and an

email address; (v) a statement by you that you have a good faith belief that use of the

material in the manner complained of is not authorized by the copyright owner, its agent,

or the law; and (vi) a statement that the information in the notification is accurate, and,

under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

HOPPECKE reserves the right to remove content alleged to be infringing without prior

notice and at its sole discretion. HOPPECKE may also terminate a user’s account if the

user is determined to be a repeat infringer. HOPPECKE’s designated copyright agent for

notice of alleged copyright infringement appearing on the site is:

Site Administrator

Hoppecke Batteries, Inc.

2 Berry Drive

Hainesport, NJ 08036

856-616-0032

 

 

12. Modifications to Service

HOPPECKE reserves the right at any time and from time to time to modify or

discontinue, temporarily or permanently, this site or some or all of the services offered

through this site, with or without notice. You agree that HOPPECKE shall not be liable

to your or to any third party for any modification, suspension or discontinuance of this

 

 

13. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of

the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the

exclusive jurisdiction and venue for any claim or action arising out of or relating to these

Terms of Use or your use of this site shall be filed only in the state or federal courts

located in the State of New Jersey, and you further agree and submit to the exercise of

personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

 

14. Severability and Integration

This agreement, and HOPPECKE’s Standard Terms of Sale, constitute the entire

agreement between you and HOPPECKE with respect to this site and the purchase of

products through this site, and supersedes all prior or contemporaneous communications

and proposals, whether oral, written, or electronic, between you and HOPPECKE with

respect to this site. If any part of these Terms of Use or HOPPECKE’s Standard Terms

of Sale is held invalid or unenforceable, that portion shall be construed in a manner

consistent with applicable law to reflect, as nearly as possible, the original intentions of

the parties, and the remaining portions shall remain in full force and effect.

 

 

15. Termination

In the event you breach any provision of these Terms of Use, or for any other reason or

no reason at all, HOPPECKE may, in its sole discretion, terminate your access to all or

part of this site including, without limitation, your account, with or without notice.

 

 

16. Contact Information.

If have any questions or should you need any additional information about issues relating

to this website and/or technical manual, please contact:

214829562v1

matomo