TERMS OF USE AGREEMENT

Acceptance of Terms

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

Description of Services

Protective Structures, through its web property “www.hwhprotectivestructures.com” (the “Protective Structures Website”), provides you with a variety of resources, including, without limitation, news and information about Protective Structures, technical information related to our products, your account information, and the ability to communicate electronically with Protective Structures available on or through the Protective Structures Website (the “Services”).

Changes to Terms and Conditions

Protective Structures may, from time-to-time, and at its sole discretion, modify these Terms of Use. Protective Structures reserves the right to impose charges for any features or services. The modified Terms of Use will be effective immediately upon posting. You agree to the new-posted Terms of Use by continuing your use of the Protective Structures Website. You agree to review the Terms of Use periodically and your continued use of the Protective Structures Website following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Protective Structures Website.

Privacy Policy

See the Protective Structures Privacy Policy on this website for information regarding the collection and use of your personal information and regarding any non-personal communication, comments, ideas or material you post or transmit to Protective Structures. You consent to Protective Structures using such information and materials collected by the Protective Structures Website under the terms of the Protective Structures Privacy Policy.

Intellectual Property

All materials displayed on, or contained within, the Protective Structures Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the “Materials”), are the property of Protective Structures or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws. The Protective Structures name, designs and related marks contained within the Materials are trademarks of Protective Structures. You acknowledge and agree that the Protective Structures Website and the Materials are the property of Protective Structures and its respective service providers, suppliers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the Protective Structures Website or in the Materials. The Protective Structures Website and the Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws.
Protective Structures hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the Protective Structures Website) only for noncommercial and personal use and only in accordance with these Terms of Use. Any copies that you make of the Materials must retain all copyright and other notices. Use of the Materials, as set forth below, is only permitted with the express prior written consent of Protective Structures and/or its licensors. Except as expressly provided for in these Terms of Use, without Protective Structures’ prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any content on the Protective Structures Website, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any content on the Protective Structures Website, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any content on the Protective Structures Website, including, but not limited to, the Materials. You are not permitted to use any of the trademarks of Protective Structures, or its respective licensors, suppliers or service providers displayed on the Protective Structures Website, without the prior written consent of Protective Structures or the third party that owns the trademark. No portion of the content on the Protective Structures Website may be stored in a computer except for personal and non-commercial use.

Your Obligations

By using the Protective Structures Website, you represent and warrant that: (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with Protective Structures; (ii) you are capable of assuming, and do assume, any risks related to the use of the content and Materials on the Protective Structures Website; and (iii) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Protective Structures Website. If you do not agree with these Terms of Use or are in any way dissatisfied with the Protective Structures Website or the Materials, your exclusive remedy is to discontinue using the Protective Structures Website.

Managing your Account

At its sole discretion, the Protective Structures Website may allow access to certain portions of the Protective Structures Website using an account with a username and password. You are solely responsible for keeping information related to your account, such as the username and password, confidential. You are also solely responsible for restricting access to any computer you use to access your account. You agree that you are responsible for all activities that occur on your account or through use of your username by yourself or by other persons.

No Endorsement of Third Party Sites

The Protective Structures Website may contain links to or reference third party websites, resources and advertisers (collectively, “Third Party Sites”). Such links and references to Third Party Sites may include, but is not limited to, banner advertisements incorporating hyperlinks. Your linking to such Third Party Sites is at your own risk. Protective Structures is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. Protective Structures also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Protective Structures Website. Under no circumstances shall Protective Structures or any affiliated providers be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site’s administrator or Webmaster. Any links to Third Party Sites do not imply that Protective Structures is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of Protective Structures.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law.

Disclaimers of Warranty

Protective Structures, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete information contained on the Protective Structures Website, nor for any actions taken in reliance thereon. The information contained on the Protective Structures Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us.
YOU EXPRESSLY AGREE THAT USE OF THE PROTECTIVE STRUCTURES WEBSITE IS AT YOUR SOLE RISK. THE PROTECTIVE STRUCTURES WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. PROTECTIVE STRUCTURES, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. PROTECTIVE STRUCTURES, AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. PROTECTIVE STRUCTURES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE PROTECTIVE STRUCTURES WEBSITE. PROTECTIVE STRUCTURES MAY MAKE ANY OTHER CHANGES TO THE PROTECTIVE STRUCTURES WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitations of Liability

PROTECTIVE STRUCTURES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE PROTECTIVE STRUCTURES WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE PROTECTIVE STRUCTURES WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF PROTECTIVE STRUCTURES OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Protecting Information

The Protective Structures Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. Protective Structures assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

Violations of Terms of Use

Protective Structures reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block or restrict access from a particular Internet address to the Protective Structures Website.

Indemnification

You agree to indemnify, defend, and hold Protective Structures, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (i) your failure to comply with any of these Terms of Use; and (ii) your use of the Protective Structures Website. Protective Structures has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Protective Structures Website.

Domestic Use Only

The Protective Structures Website is controlled from within the USA. Protective Structures does not make any representation that the Protective Structures Website or any of the Services or Materials are appropriate or available for use in locations other than the USA and Canada. Anyone accessing the Protective Structures Website from outside the USA or Canada does so on their own initiative and must bear all responsibility for compliance with local laws, if applicable.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the Protective Structures Website reside in the courts located in the State of Texas. You further expressly agree to submit to the personal jurisdiction of the courts located in Lamar County, Texas, for the purpose of litigating any such claim or action.

Miscellaneous

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.
These Terms of Use and the Protective Structures Privacy Policy contained on this website, constitute the entire agreement between Protective Structures and you with respect to your use of the Protective Structures Website, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE PROTECTIVE STRUCTURES WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.

Last Updated: May 29, 2013