Unless otherwise noted, our Services, and all materials available via the Services, including text, images, illustrations, photographs, designs, icons, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by us or our Brands.
You may download material displayed on this site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the contents of this site for public or commercial purposes, including the text, images, audio, and video without the permission of us.
You should assume that everything you see or read on this site is copyrighted unless otherwise noted. Harvey Performance Company neither warrants nor represents that your use of materials displayed on this site will not infringe rights of third parties not owned by or affiliated with Harvey Performance Company.
DISCLAIMER OF WARRANTY
You expressly understand and agree that, except as expressly set forth herein, your use of the Services is at your sole risk. The Services are provided on an “as-is” basis and without warranty of any kind. This includes, but is not limited to your purchase of materials via the Services as we cannot guarantee that all conditions and space dimensions were inputted correctly to ensure that the materials you ordered fit the desired space or desired product scope. To the maximum extent permitted by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. We make no warranty:
• that the Services will meet your requirements;
• that the Services will be error-free or bug-free;
• regarding the security, reliability, timeliness, availability or performance of the Services;
• that the Services will be available without change of any and all content, software and other items used or contained in any of the Services; or
• that any errors in the Services will be corrected.
Any content or material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such content or material.
No advice or information, whether oral or written, obtained by you from us or any third party or through the software shall create any warranty not expressly stated in these terms and conditions.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE AND OUR LICENSORS MAKE AND YOU RECEIVE NO EXPRESS WARRANTIES. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SERVICES AND ITS FEATURES OR ANY COMMUNICATION CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, WE AND OUR LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTY INCLUDING, WITHOUT LIMITATION, THE IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, DAMAGE OR LOSS OF DATA, SATISFACTORY QUALITY AND NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS DO NOT WARRANT THAT THE OPERATION OF THE SERVICE WILL BE SAFE, SECURE, UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from
• your use of the Services;
• the use or the inability to use the Services;
• the inability to use or access the Services;
• the cost of procurement of substitute goods or services; or
• any other matter relating to the Services, the Content.
The foregoing limitations shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
You agree to hold harmless and indemnify us, and our licensees, subsidiaries, affiliates, directors, officers, agents, contractors, partners and employees from and against any claim, suit or action, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, arising from or in any way related to your use of the Services, and/or any other conduct by you in connection with the or with other users of the Services or any violation by you of this Agreement or of any law or the rights of any third party,