Terms and Conditions of Use
This page states the Terms and Conditions under which you may use the EPHenry.com Web Site ("Web Site"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site.
EP Henry may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Who Can Use the this Web Site
The Web Site is only for persons able to form legal binding contracts under applicable law. Without limiting the foregoing, minors are excluded from using this Web Site.
Our Copyrights, Trademarks and Other Proprietary Rights
By visiting this site, you acknowledge, that the Web Site and its contents, such as text, graphics, images and other material (collectively "Material"), are protected by copyright, trademark, and other United States and foreign laws and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Nothing herein transfers or waives any rights EP Henry has to its Web Site or the Material.
EP Henry®, MIDDLE ATLANTIC HARDSCAPING®, COVENTRY®, OCTA GRANDE®, VILLAGE SQUARE®, INSIST ON THE BEST.™, TENNYSON®, DEVONSTONE®, GAELIC®, ABBEY BRICK™, EP HENRY AUTHORIZED HARDSCAPING CONTRACTOR®, EP HENRY AUTHORIZED HARDSCAPING DISTRIBUTOR™,CONSERV®, MAHTS®, and HARDSCAPING CONTRACTOR CONNECTION® are all trademarks and/or service marks of EP Henry. These and any other graphics, logos, trademarks, service marks, and trade dress owned by EP Henry may not be used without our prior written consent.
What You Can Do
EP Henry grants you a limited, nonexclusive, revocable license to access and make personal, non-commercial use of the Web Site.
EP Henry authorizes you to view and download a single copy of the Material on this Web Site solely for your personal, noncommercial use. However, you must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
You also are granted a limited, revocable, nonexclusive right to create a hyperlink to the home page of EPHenry.com, so long as the link as well as the site containing the link do not portray the Web Site, Materials, or EP Henry in a false, misleading, derogatory, or otherwise offensive manner and/or contain content that is false, misleading, derogatory, or otherwise offensive.
What You Cannot Do
You may not use the Web Site for any commercial or unlawful purposes.
Except as otherwise indicated in these Terms, you may not upload, post, reproduce, modify, augment, adapt, revise, publish, transmit, distribute, or in any way exploit the Web Site, in whole or in part.
You may not sell or modify the Material, or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without EP Henry's prior written approval.
You may not use the Material on any other web site or in a networked computer environment for any purpose.
You may not frame or utilize framing techniques to enclose the Web Site or any trademark, logo, or other proprietary information of EP Henry.
You may not use our trademarks as keywords, in any meta tags, or in any other hidden text.
You shall not interrupt or attempt to interrupt the operation of the Web Site in any way.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material. Further, in our sole discretion, we may terminate your access to this Web Site, with or without notice to you.
If You Send Us Content
If you send us any materials, letters, facsimiles, emails, or other communications, including questions, comments, photographs, ideas, or techniques (collectively "Your Content"), it will be considered non-confidential. Further, if you send us Your Content, you automatically grant EP Henry an irrevocable, perpetual, royalty-free, nonexclusive license to use, reproduce, publish, post, distribute, publicly display, publicly perform, extract, adapt, or otherwise exploit Your Content, alone or as part of other words, in any form, format, media, and manner we choose, and to sublicense such rights through multiple tiers of sublicensees. By sending Your Content to EP Henry, we are not obligated nor may you compel us to use it.
You are responsible for your own communications, including Your Content. You warrant that Your Content will not infringe any other parties' privacy, publicity, copyrights, trademarks, or other proprietary rights, or contain materials that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any party.
We Can Send You Email
By visiting us or sending us electronic correspondence ("email"), you consent to receiving email from EP Henry. You agree that all agreements, notices, disclosures, and other communications that we send you via email satisfy any legal requirement that such communications be in writing.
Availability of Our Products and/or Services
The products and services advertised and/or displayed on this Web Site may not be available for any reason. Please contact us or an EP HENRY AUTHORIZED HARDSCAPING CONTRACTOR™ or DISTRIBUTOR to discuss the availability of products and/or services in your area.
Disclaimer of Warranties and Limitation of Liability
EXCEPT AS OTHER PROVIDED HEREIN, THIS WEB SITE AND CONTENT IS PROVIDED BY EP HENRY ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE MATERIAL INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE AND THE MATERIAL THEREIN IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EP HENRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, THE MATERIALS, OR EMAIL SENT FROM THE WEB SITE WILL OPERATE ERROR -FREE OR THAT THE AFORESAID ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EP Henry, ITS AFFILIATED COMPANIES EMPLOYEES, AGENTS, SHAREHOLDERS, OFFICERS, DIRECTORS, AND PARTNERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KINDS ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
We're Not Responsible for Your Wrongdoing
You agree to indemnify and hold EP Henry, its affiliated companies, shareholders, officers, directors, agents, employees, and partners from any claim or demand, including reasonable attorney's and accounting fees, made by any third party due to or arising out of your breach of any warranties or any other terms of this agreement and/or your use of this Web Site or the Material.
We're Note Responsible for Third Party Content on the Web Site
Certain content available on the Web Site may come from third parties. With respect to such content, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party materials. EP Henry does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials.
Laws Applicable to this Agreement
The laws of the State of New Jersey will govern these Terms and Conditions, without giving effect to any principles of conflicts of law.
If We Have a Dispute
In our sole discretion, any dispute relating in any way to your visit to the Web Site may be submitted to confidential arbitration in Woodbury, New Jersey. Otherwise, you agree to submit to the nonexclusive personal jurisdiction of the courts located within Gloucester County, New Jersey, and waive any objection to the laying of venue of any litigation in said courts.
You shall not bring any legal action under this agreement more than two (2) years after the cause of action arose.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of this agreement shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.
No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term.
Headings used in this agreement are for reference only and shall not affect the meaning of any terms.
These Terms and Conditions represent the entire understanding between you and EP Henry regarding your relationship with us and supersedes any prior statements or representations.
If you have any questions concerning these Terms and Conditions, please feel free to contact us at firstname.lastname@example.org.