Terms and Conditions of Use

1. OVERVIEW

This Universal Terms and Conditions of Use Agreement is entered into by and between Hocher Industrial Sewing and you, and is made effective as of the date of your use of this website (“Site”). This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the Privacy Policy and any applicable service agreements.
 The terms “we”, “us” or “our” shall refer to Hocher Industrial Sewing.  The terms “you”, “your”, “User” or “Client” shall refer to any individual or entity who accepts this Agreement or uses the Services.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Hocher Industrial Sewing may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.

2. AVAILABILITY OF WEBSITE

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

3. GENERAL RULES OF CONDUCT

You acknowledge and agree that:


1.    Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.


2.    You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.


3.    You will not use this Site or the Services in a manner (as determined by Hocher Industrial Sewing in its sole and absolute discretion) that:


◦    Is illegal, or promotes or encourages illegal activity;


◦    Promotes, encourages or engages in child pornography or the exploitation of children;


◦    Promotes, encourages or engages in terrorism, violence against people, animals, or property;


◦    Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;


◦    Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;


◦    Infringes on the intellectual property rights of another User or any other person or entity;


◦    Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;


◦    Interferes with the operation of this Site or the Services found at this Site;
◦    Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or


◦    Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Hocher Industrial Sewing or Hocher Industrial Sewing Services.


4.    You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Hocher Industrial Sewing.


5.    You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.


6.    You will not access Hocher Industrial Sewing Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Hocher Industrial Sewing may designate.


7.    You will not re-sell for a commercial purpose, any of Hocher Industrial Sewing designs, without Hocher Industrial Sewing express prior written consent.


8.    You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.



Hocher Industrial Sewing reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

4. YOUR USE OF HOCHER INDUSTRIAL SEWING CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of Hocher Industrial Sewing Content and User Content posted to Hocher Industrial Sewing corporate websites (i.e., those sites which Hocher Industrial Sewing directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights including intellectual property rights.

HOCHER INDUSTRIAL SEWING CONTENT. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Hocher Industrial Sewing Content”), are owned by or licensed to Hocher Industrial Sewing in perpetuity, and are subject to copyright, trademark, and/or patent protection in Canada, the United States and foreign countries, and other intellectual property rights under Canadian, United States and foreign laws. Hocher Industrial Sewing Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Hocher Industrial Sewing. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Hocher Industrial Sewing reserves all rights not expressly granted in and to the Hocher Industrial Sewing Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.


USER CONTENT. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  User Content includes all content submitted by you. By posting or publishing User Content to this Site, you represent and warrant to Hocher Industrial Sewing that (i) you have all necessary rights to distribute User Content via this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.
SECURITY. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Hocher Industrial Sewing Content or User Content) or enforce limitations on the use of this Site, the Hocher Industrial Sewing Content or the User Content therein.

5. HOCHER INDUSTRIAL SEWING USE OF USER CONTENT

The provisions in this Section apply specifically to Hocher Industrial Sewing use of User Content posted to Hocher Industrial Sewing corporate websites (i.e., those sites which Hocher Industrial Sewing directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights, including intellectual property rights.
GENERALLY. You shall be solely responsible for any and all of your User Content, and the consequences of, and requirements for, distributing it.


WITH RESPECT TO USER SUBMISSIONS. You acknowledge and agree that:


1.    Your User Submissions are entirely voluntary.


2.    Your User Submissions do not establish a confidential relationship or obligate Hocher Industrial Sewing to treat your User Submissions as confidential or secret.


3.    Hocher Industrial Sewing has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.


4.    Hocher Industrial Sewing may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.


Hocher Industrial Sewing shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

6. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Hocher Industrial Sewing. Hocher Industrial Sewing assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Hocher Industrial Sewing does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Hocher Industrial Sewing from any and all liability arising from your use of any third-party website. Accordingly, Hocher Industrial Sewing encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HOCHER INDUSTRIAL SEWING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOCHER INDUSTRIAL SEWING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND HOCHER INDUSTRIAL SEWING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.


IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HOCHER INDUSTRIAL SEWING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION IT’S CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS  WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

8. LIMITATION OF LIABILITY


IN NO EVENT SHALL HOCHER INDUSTRIAL SEWING, ITS OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HOCHER INDUSTRIAL SEWING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HOCHER INDUSTRIAL SEWING TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

9. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Hocher Industrial Sewing and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Hocher Industrial Sewing directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site

10. COMPLIANCE WITH LOCAL LAWS

Hocher Industrial Sewing makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

11. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

12. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us.


Revised: 4/1/17