WEBSITE TERMS OF SERVICE AGREEMENT (TOSA)
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. Himoinsa Power Systems, Inc.’s ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Himoinsa Power Systems, Inc, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
DEFINITIONS. "Viewer" includes any individual or entity that views, prints, distributes or otherwise uses the contents of this website whether in electronic or printed form. "Website" shall include any information contained on www.hipowersystems.com or any website that mirrors the content of www.hipowersystems.com
ACCEPTANCE OF TERMS. BY ACCESSING AND USING THIS WEB SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THE CURRENT VERSION OF THE TOSA PUBLISHED ON THE WEBSITE. If you do not agree to be bound by the Terms, you are not to view, print, distribute, or utilize the website. You hereby acknowledge that any reliance upon any content, information or other material on this website shall be at your sole risk. YOU ARE TO SEEK OUTSIDE LEGAL COUNSEL BEFORE AGREEING TO THE TOSA.
JURISDICTION. VIEWER UNDERSTANDS AND AGREES THAT USE OF THIS WEBSITE IS NOT INTENDED TO AND DOES NOT CREATE JURISDICTION IN ANY STATE OR COUNTRY OTHER THAN KANSAS IN THE UNITED STATES OF AMERICA. VIEWER UNDERSTANDS AND AGREES NOT TO USE THIS SITE IF VIEWER DEEMS ELECTRONIC COMMUNICATION AS CONSENT TO JURISDICTION IN ANY OTHER STATE. VIEWER FURTHER UNDERSTANDS AND AGREES THAT THE INFORMATION ON THIS SITE IS NOT DIRECTED TOWARDS ANY SPECIFIC JURISDICTION OTHER THAN KANSAS IN THE UNITED STATES OF AMERICA. VIEWER UNDERSTANDS THAT THE INFORMATION ON THIS WEBSITE WAS PUBLISHED AND IS HOSTED IN THE JURISDICTION OF KANSAS, SPECIFICALLY LENEXA, KANSAS. VIEWER ACKNOWLEDGES AND AGREES THAT ALL INFORMATION CONTAINED ON THIS SITE IS DEEMED “PUBLISHED” WHEN FIRST POSTED TO OUR WEB SERVER. VIEWER CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS LOCATED WITHIN THE COUNTY OF JOHNSON, IN OLATHE, KANSAS U.S.A., REGARDING ANY AND ALL DISPUTES RELATING TO THIS AGREEMENT OR ANY Himoinsa Power Systems, Inc. webpage. USER AGREES THAT THIS CHOICE OF FORUM IS CONVENIENT AND WAIVES ANY OBJECTION TO THE SUBMISSION OF SUCH JURISDICTION.
GOVERNING LAW. The TOSA and the relationship between Viewer and Himoinsa Power Systems, Inc. shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions.
NO AGENCY RELATIONSHIP. VIEWER UNDERSTANDS AND AGREES THAT NO AGENCY, EMPLOYMENT OR OTHER RELATIONSHIP SHALL BE CREATED OR EXIST BETWEEN VIEWER AND ANY AGENT, EMPLOYEE, ATTORNEY, OWNER OR OFFICER OF Himoinsa Power Systems, Inc. BY MERELY VIEWING THIS WEBSITE. Viewer understands that all non-confidential communications through e-mail, telephone, or other means of communication to any agent, employee, attorney, owner or officer of Himoinsa Power Systems, Inc. may not be protected and therefore may be discoverable in a Court of law.
COMMUNICATIONS. Viewer understands and agrees that Himoinsa Power Systems, Inc. is not obligated to respond to, review or retain unsolicited written or electronic communications received from any Viewer without providing notice to Viewer.
“AS-IS” OF INFORMATION. VIEWER UNDERSTANDS AND AGREES THAT THE SERVICE PROVIDED BY Himoinsa Power Systems, Inc. IS PROVIDED "AS-IS" AND THAT Himoinsa Power Systems, Inc. ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR THE FAILURE TO STORE, UPDATE, OR PROVIDE ANY CONTENT OR OTHER SUBJECT MATTER ON THIS SITE. Information on this website may contain inaccuracies or typographical errors. Information may be changed or updated without notice. The information on this website is not guaranteed to be accurate. THERE IS NO GUARANTEE THAT THE INFORMATION ON THIS WEB SITE IS CURRENT OR COMPLETE.
EXTERNAL LINKS. Himoinsa Power Systems, Inc. may not regularly review materials posted on linked sites and does not necessarily endorse or sponsor the materials appearing on linked sites. Himoinsa Power Systems, Inc. may provide links to other World Wide Web sites or resources. Because Himoinsa Power Systems, Inc. has no control over such sites and resources, Viewer acknowledges and agrees that Himoinsa Power Systems, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. Viewer further acknowledges and agrees that Himoinsa Power Systems, Inc. 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 any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT:
a. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Himoinsa Power Systems, Inc. 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.
b. Himoinsa Power Systems, Inc. MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Himoinsa Power Systems, Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY. VIEWER EXPRESSLY UNDERSTANDS AND AGREES THAT Himoinsa Power Systems, Inc. SHALL NOT 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 Himoinsa Power Systems, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY. You agree to defend, indemnify and hold Himoinsa Power Systems, Inc., and its subsidiaries, affiliates, officers, employees, agents, co-branders or other partners, harmless from any action, claim, proceeding, demand, cost or expense, including reasonable attorneys' fees, from a third party due to or arising out of your use of the website, your violation of the TOSA, or your violation of any rights of another.
BINDING ARBITRATION. Any controversy or claim arising out of or relating to the web site or the TOSA, or the breach thereof, between Himoinsa Power Systems, Inc. and Viewer shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association in Overland Park, Kansas. The judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
TRADEMARK INFORMATION. Himoinsa Power Systems, Inc., Hipower, Hipower Systems, WWW.HIPOWERSYSTEMS.COM, and the Hipower design logo are trademarks of Himoinsa Power Systems, Inc. (the " Himoinsa Power Systems, Inc. Marks"). Without Himoinsa Power Systems, Inc.’s prior permission, you agree not to display or use in any manner, the Himoinsa Power Systems, Inc. Marks.
REPRODUCTION OF CONTENT. Viewer understands that the content upon the Himoinsa Power Systems, Inc. website is protected by United States and International laws. Viewer agrees not to reproduce, distribute, duplicate, retransmit, copy, sell, resell or exploit for any commercial purposes, any portion of the web site without the prior permission of Himoinsa Power Systems, Inc.. Notwithstanding the foregoing, Himoinsa Power Systems, Inc. grants the Viewer the limited right to download website materials for personal non-commercial use.
NO GRANT OF LICENSE. Nothing on this web site or on any Himoinsa Power Systems, Inc. site, or your use of the web site, shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of the Himoinsa Power Systems, Inc., its affiliates or any third party, whether by estoppel, implication or otherwise.
COPYRIGHTS AND COPYRIGHT AGENTS. Himoinsa Power Systems, Inc. respects the intellectual property of others, and we ask all Viewers and contributing writers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Himoinsa Power Systems, Inc. with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
SECTION TITLES OF TOSA. The section titles in the TOSA are for convenience only and have no legal or contractual effect.
ENTIRE AGREEMENT. The TOSA constitutes the entire agreement between Viewer and the Himoinsa Power Systems, Inc. regarding Viewer’s access to and use of the website, and the TOSA governs the entire usage and viewing of the website, superceding any prior agreements between Viewer and Himoinsa Power Systems, Inc. regarding the subject matter of the TOSA. No subsequent alteration, amendment, change or addition to the TOSA shall be binding upon either party unless published upon the Himoinsa Power Systems, Inc. website at www.hipowersystems.com.
16002 West 110th Street
Lenexa, KS 66219-1312
Toll Free: 866-710-2988