Terms of Use

Copyright © 2006-2016 by Everhard Products, Inc.

The content of this site is protected by United States and international copyright, trademark, and other laws. All rights reserved. The content on all pages of the Everhard websites is provided solely for the use of customers to interact with Everhard Products, Inc. and may not be used by any other person or entity, or for any other purpose.

Permission to use, copy and distribute information, text, graphics and other items (Information) from this World Wide Web (WWW) server for non-commercial purposes is hereby granted, provided that the above copyright notice is included.

TRADEMARKS

The Everhard® name and logo, and the Klenk® name and logo are registered trademarks of Everhard Products, Inc.

NO LICENSE

Except as expressly provided above, nothing on this WWW server shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright.

NO WARRANTY

The Information provided on this server is presented as a convenience to the user, and Everhard Products, Inc. does not warrant the accuracy or completeness of the information contained on this server. THE INFORMATION IS PRESENTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

Use of the content on this site is at the user’s sole risk. Everhard Products, Inc. will in no event be liable to any person or entity for any direct, indirect, consequential, incidental or other damages under any theory of law for any errors in the content on this site, or for the use of any content, including without limitation, damages for lost profits, business, data, or damage to any computer systems, regardless of whether or not such user has advised Everhard Products, Inc. of the possibility of such damages.

The information, products and services contained or referred to on this web site may change or be updated without notice.

CONSENT TO DISCLOSURE

Should any user of the information on this server provide Everhard with information, including but not limited to, feedback data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non-confidential and Everhard assumes no obligation to protect such information from disclosure. The submission of such information to Everhard Products, Inc. shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Everhard Products, Inc. for any purpose whatever, and Everhard Products, Inc. shall be free to reproduce, use, disclose or distribute such information to others without restriction.

EXTERNAL LINKS

There are links on this site which allow you to visit the sites of other companies. Neither these sites nor the companies to whom they belong are controlled by Everhard Products, Inc. Everhard Products, Inc. makes no representations concerning the information provided in these sites or the quality or acceptability of the products or services offered by the companies referenced in these sites. Everhard Products, Inc. has not tested and makes no representations regarding the correctness, performance or quality of any software found at these sites. Users should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

PASSWORDS

Our customers have the ability to access up-to-date information regarding the status of product orders through our website. Customers select their own individual representatives who are authorized to access information regarding the status of the customer’s orders. Each representative is assigned a password (common to that account–multiple locations under one account will have the same password) that enables the representative(s) to access the status of orders online. The customer is solely responsible for ensuring that each password is used only by the authorized representative(s) of the customer to whom it is assigned and that access to an authorized representative’s computer while it is logged onto our website is given to no person other than said representative(s). Everhard shall not be and is not responsible for any loss, claim or other liability that may arise from the unauthorized use of any password or computer that is logged onto our website through the use of a password. If a password is lost or stolen, it is the customer’s responsibility to notify Everhard of such occurrence so that the missing password can be deactivated and a new one assigned. If an individual representative(s) of a customer shall no longer be authorized to use a password, it is the customer’s responsibility to notify Everhard of such occurrence. Everhard shall endeavor to complete all password deactivation requests within 48 hours of their receipt in writing from an authorized customer representative.

DISCLAIMERS

Everhard’s websites are operated by Everhard on an “as is,” “as available” basis, without representations or warranties of any kind. Everhard disclaims any and all representations and warranties with respect to this site and its contents, whether express, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.

Without limiting the foregoing, Everhard does not represent or warrant that the information on the website is accurate, complete or current or that the website will operate without interruption or error.

Everhard makes no representation that content provided on the website is applicable or appropriate for use in locations outside the United States. Portions or versions of the website that have been translated into any language other than English are provided for the convenience of the user only. Everhard makes no representation or warranty that the translations are complete and accurate and Everhard, by providing some foreign language content, undertakes no obligation to provide translations of all or any portion of its website in any language except as determined by Everhard.

LIMITATION OF LIABILITY

Under no circumstances, shall Everhard or any of its employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use this website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortious action, even if an authorized representative of Everhard has been advised or should have known of the possibility of such damages.

If you are dissatisfied with this website or any content on the site, or with the Terms, your sole and exclusive remedy is to discontinue using the website. You acknowledge, by your use of the website, that your use of the website is at your sole risk.

Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of Everhard in such circumstances for liabilities that otherwise would have been limited shall not exceed five hundred dollars (US $500.00).

ALL TERMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.