TERMS OF USE
Last Updated March 2025
These terms of use (these “Terms of Use”) are a legal agreement between you and Haydon Corporation (“we,” “us,” or “our”) and specify the terms under which you may access and use our website located at haydoncorp.com (the “Website”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE. BY USING ACCESSING OR USING THE WEBISTE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE.
1. VISITORS AND REGISTERED USERS
Both Visitors and Registered Users can access and use the Website. “Visitors” are users of the Website who browse the public-facing areas of the Website, but do not create accounts to become Registered Users; no account or login is required for Visitors. Visitors can access all publicly-available features and functionality on the Website and contact us via email. “Registered Users” are users of the Website who can do all the things that Visitors can do, as well as access and use password-protected areas of the Website, and through these password-protected areas of the Website, Registered Users can send us certain data and information (“User Content”).
All Registered Users must create an account. To create an account, you will be prompted to create a password and user name (“User ID”) and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (collectively “Login Credentials”). You may not transfer your account to anyone else without our prior written permission. When creating your account, you must provide true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account. You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security.
2. USER CONTENT
If you, as a Registered User, provide us with any User Content, then each time you provide such User Content, you warrant and represent that: (i) you either own the User Content or have obtained sufficient third party rights to share the User Content with us for use as set forth herein; and (ii) use by us or our sublicensees of the User Content as permitted herein will not infringe, misappropriate or violate any third party rights or any applicable laws, rules, and regulations. You hereby grant us a non-exclusive, royalty-free, fully paid-up, sublicensable, irrevocable, perpetual license to use, modify, combine with other content, copy, transmit, translate, format, distribute and otherwise exploit your User Content to provide you with our products or services or information relating thereto and otherwise in connection with our business.
3. USAGE RESTRICTIONS
By accessing and/or using the Website, (i) you will comply with all applicable laws in your access and use of the Website and will not access or use the Website for any unlawful or otherwise fraudulent purpose; (ii) you will not access or use the Website to collect any market research for a competing business; (iii) you will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means; (iv) you will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website; (v) you will not use any robot, spider, scraper, or other automated means to access the website for any purpose without our express written permission; and (vi) you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
4. INTELLECTUAL PROPERTY
The Website is protected by copyright, trademark, and other laws of the United States and foreign countries. We or our licensors exclusively own all right, title, and interest in and Website, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices on the Website.
All content (text, pictures, videos, etc.) made available to you through the Website (“Content”) belongs to us or our licensors. You may view the Content for your own personal, non-commercial use. No other use is permitted without our prior written consent. We or our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
The trademarks, service marks, and logos used and displayed on the Website or Content may be registered and/or unregistered trademarks or service marks of ours or our licensors (collectively, the “Trademarks”). Nothing on the Website or any Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.
5. REPRESENTATIONS; WARRANTIES; AND INDEMNIFICATION
You hereby represent, warrant, and covenant that: (i) you own or have the necessary licenses, rights, consents, and permissions to provide us with any User Content for use as permitted herein; (ii) our use of the User Content in the manners contemplated in these Terms of Use shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party; (iii) you shall not submit any User Content that violates our usage restrictions set forth above or any other term of these Terms of Use; and (iv) you shall comply with all applicable laws, rules and regulations, and these Terms of Use, in connection with your access to and use of the Website.
You shall defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any and all claims, actions, proceedings, damages, liabilities, losses, penalties and/or demands, including, without limitation, legal and accounting fees, arising out of or resulting from: (i) your breach of these Terms of Use; (ii) your access to and use of the Website; (iii) your User Content; and/or (iv) your negligence or willful misconduct.
6. DISCLAIMERS; LIMITATIONS OF LIABILITY
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES RELATING TO THE WEBSITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY, FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. TO THE EXTENT THAT WE MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
THE WEBSITE OR CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE OR CONTENT AT ANY TIME WITHOUT NOTICE.
THE WEBSITE AND CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. WE DO NOT SELL ANY PRODUCTS OR PROVIDE ANY SERVICES THROUGH OUR WEBSITE. WHILE REGISTERED USERS MAY PROVIDE US WITH USER CONTENT, ANY PRODUCTS OR SERVICES (OR QUOTES THEREFORE) THAT WE PROVIDE TO REGISTERED USERS BASED ON THAT USER CONTENT IS PROVIDED OUTSIDE OF THE WEBSITE AND THESE TERMS OF USE, AND SUBJECT TO A SEPARATE AGREEMENT OR PURCHASE ORDER BETWEEN US AND THE REGISTERED USER.
WE SHALL NOT BE LIABLE FOR (I) ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR ANY CONTENT OR (II) FOR DIRECT DAMAGES EXCEEDING $100, IN EACH CASE EVEN IF WE WERE NOTIFIED OF THE POSSIBLITY OF SUCH DAMAGES.
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN; THEREFORE, SOME OF THE DISCLAIMERS AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW.
7. EXTERNAL SERVICES
The Website may contain links to third-party websites (“External Sites”). The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk
8. COMPLIANCE WITH APPLICABLE LAWS
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
9. TERMINATION
We reserve the right, in our sole discretion, to suspend or terminate these Terms of Use at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability. The following Sections of these Terms of Use shall survive termination: Sections 2, 3, 4, 5, 6, 7, 8, 11, 12, and this Section 9.
10. COMMUNICATIONS WITH US
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
11. EQUITABLE RELIEF.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we may suffer irreparable harm and will therefore be entitled to seek injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property.
12. MISCELLANEOUS
The laws of the State of New Jersey, without regard to its conflict of laws provisions, shall govern the interpretation of these Terms of Use and any disputes or matters arising out of or relating to these Terms of Use. Each party hereby irrevocably and unconditionally consents to the personal and subject matter jurisdiction of the federal and state courts in New Jersey for any such disputed or matters. Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. These Terms of Use, together with the Privacy Policy, constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The section headings are provided merely for convenience and shall not be given any legal import.
Copyright 2024, Haydon Corp. All rights reserved.
