Legal

 

Terms of Use

Introduction
Welcome to the hirschfeld.com site (“Site”). Hirschfeld Holdings LP dba Hirschfeld Industries LP (“Hirschfeld”) requests that you carefully read the Terms of Use and Privacy Policy before using the Site. By accessing the Site, you expressly agree to these Terms of Use (the “Agreement”) without limitation or qualification. If you do not accept the terms of this Agreement, then please do not use or access the Site. Hirschfeld reserves the right to change this Agreement and the Privacy Policy at any time in its sole discretion. As a result, we encourage you to review this Agreement and the Privacy Policy from time to time for any changes. Your continued use or access of the Site shall constitute your agreement to the terms of this Agreement in effect at that time.

Contents of Site
Information on this Site may contain technical inaccuracies or typographical errors. Hirschfeld reserves the right to change or update the information on the Site at any time without notice.

Ownership of Site and Copyrights
Hirschfeld owns and operates the Site and all content and materials on the Site, or has acquired the right to use such content and materials. Much of the content and materials on the Site are copyrighted and are owned by Hirschfeld or its subsidiaries. You may view the materials from the Site only for your own personal, noncommercial use in connection with your use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content and software on this Site is strictly prohibited. This Agreement does not confer any license or right under any copyright of Hirschfeld or any third party. Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Hirschfeld or any third party

Trademarks
Hirschfeld’s logo is a registered trademark of Hirschfeld and may not be used in connection with any product or service that is not Hirschfeld’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hirschfeld. In addition, other logos on the Site may be proprietary trademarks or service marks of Hirschfeld’s subsidiaries, business partners or trade organizations. You may not use such logos without the written permission of such owners. This Agreement does not confer any license or right under any trademark of Hirschfeld or any third party.

External Websites
The Site may contain links to other websites that Hirschfeld feels may be of interest to you. These links are provided to you only as a convenience and does not imply any endorsement by Hirschfeld of the site or the owner of such site. Hirschfeld does not have control over, and is in no manner responsible for, the availability and content of other websites. You may not establish a link to the Site without Hirschfeld’s prior written consent. You may not frame or incorporate the Site or any content of the Site in another website without Hirschfeld’s prior written consent.

Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant to Hirschfeld that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

Disclaimer
HIRSCHFELD MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. HIRSCHFELD SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HIRSCHFELD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR TO ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR WITH CONNECTION TO THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER HIRSCHFELD OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Jurisdiction and Choice of Law
This Agreement and all claims or issues regarding the Site, shall be governed according to the laws of the United States and the State of Texas. Any legal action concerning this Agreement or the Site must be brought within one (1) year after the claim or cause of action arises. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Angelo, Texas and all disputes (i) arising out of, relating to, or concerning this Site and/or this Agreement, (ii) in which this Site and/or this Agreement is an issue or a material fact, or (iii) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

Severability
If any provision of this Agreement is found invalid or unenforceable under applicable laws, the invalid or unenforceable provision will be deemed to be replaced by a valid, enforceable provision that most closely captures the intent of the original provision, and the remaining provisions of this Agreement will remain in full force and effect.

Integration 
This Agreement constitutes the entire agreement between you and Hirschfeld with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hirschfeld with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Hirschfeld or unless it is signed by an executive officer of Hirschfeld.

General
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph, the Jurisdiction and Choice of Law and the Disclaimer sections set forth above. Hirschfeld has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is not authorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with all applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk. A printed version of this Agreement and/or of any notice given by Hirschfeld in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Hirschfeld in printed form.

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