Terms & Conditions
By using this site, you affirm that you are able and legally competent to agree to be bound by these site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (manuals, spec guides, material data sheets, etc.) on Hole Products web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any images contained on Hole Products web site;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Hole Products at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Limitations on Liability
In no event shall Hole Products or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Hole Products site, even if Hole Products or a Hole Products authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. Revisions and Errata
The materials appearing on Hole Products web site could include technical, typographical, or photographic errors. Hole Products does not warrant that any of the materials on its web site are accurate, complete, or current. Hole Products may make changes to the materials contained on its web site at any time without notice. Hole Products does not, however, make any commitment to update the materials.
7. Jurisdictional Issues
The Sites are operated by Hole Products from its offices in Little Falls, Minnesota, USA. The Sites are intended for users who reside in the United States of America. Hole Products makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. Hole Products reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
8. Legal Disputes
You and Hole Products agree to give up any rights to litigate claims in a court or before a jury to participate in a class action of representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
For instructions for deleting your account, please contact the Hole Products ecommerce team at firstname.lastname@example.org.
10. User-Generated Content
From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content"). You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary. By submitting User Content, you represent and warrant to Hole Products that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Hole Products to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Hole Products’ Acceptable Use Policy set forth below.
• As between you and Hole Products, you will retain all of your ownership rights in and to your User Content.
• By submitting User Content to Hole Products, you hereby grant to Hole Products a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Hole Products (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed.
• Hole Products does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
• Hole Products reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites.
• Hole Products has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason.
• Hole Products takes no responsibility for User Content.
Social Media Tag Usage
By using #HOLEPRODUCTS, #HPANYWHERE, @HOLEPRODUCTS, @HPANYWHERE and any similar social media tag in any way related to any of the sites, each user agrees to provide Hole Products with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferrable, worldwide license to use the uploaded image(s) and content in any and all marketing materials, on sponsor’s websites, and though all social media channels. Each user represents and warrants that uploaded images and content do not infringe the intellectual property rights of any third party, including but not limited to, copyrights and trademarks rights.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Hole Products all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Hole Products; (iv) impersonate any person or entity, including but not limited to, a representative of Hole Products, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Hole Products reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.