Legal Information

 

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Hart Wilcox web site located at www.hartwilcox.com and www.hart-wilcox.co.uk (collectively, the “Site”). The Site is the property of Hart & Wilcox Ltd (“Hart Wilcox”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.Hart Wilcox reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Hart Wilcox grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Hart & Wilcox Ltd., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Hart Wilcox’s express prior written consent.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Hart Wilcox server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Hart Wilcox, including any Hart Wilcox account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Hart Wilcox’s systems or networks, or any systems or networks connected to the Site or to Hart Wilcox.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Hart Wilcox on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of Hart Wilcox or others.
Other Terms and Conditions
Hart Wilcox may make changes to any services offered on the Site, at any time, without notice. The materials on the Site with respect to services may be out of date, and Hart Wilcox makes no commitment to update the materials on the Site with respect to such services.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open a Client account (including setting up an Hart Wilcox ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Hart Wilcox immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Hart Wilcox or any other user of or visitor to the Site due to someone else using your Hart Wilcox ID, password or account.

You may not use anyone else’s Hart Wilcox ID, password or account at any time without the express permission and consent of the holder of that Hart Wilcox ID, password or account. Hart Wilcox cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Cookies and Other Technologies

A technology called ‘cookies’ may be used to provide you with tailored information. A cookie is a tiny element of data that a site can send to your browser, which may be stored in your hard drive, not on our site. Cookies enhance the convenience and use of the Site. For example, the information provided through cookies is used to recognise you as a previous user of the Site, to offer personalised web page content and information for your use, to track your activity at the Site, to respond to your needs, and otherwise to facilitate your Site experience.

Some cookies are ‘session cookies,’ meaning that they are deleted shortly after the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our Site or engage in transactions through the Site, and you may be required to re-enter your password more frequently during a session.

Links to Other Sites

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Hart Wilcox’s control, and Hart Wilcox is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

HART WILCOX DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HART WILCOX CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HART WILCOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HART WILCOX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HART WILCOX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HART WILCOX FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Hart Wilcox reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify and hold Hart Wilcox, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Hart Wilcox by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Hart Wilcox may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Hart Wilcox’s rights or property, or the rights or property of visitors to or users of the Site, including Hart Wilcox’s customers. Hart Wilcox reserves the right at all times to disclose any information that Hart Wilcox deems necessary to comply with any applicable law, regulation, legal process or governmental request. Hart Wilcox also may disclose your information when Hart Wilcox determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Hart Wilcox may preserve any transmittal or communication by you with Hart Wilcox through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Hart Wilcox determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Hart Wilcox, its employees, users of or visitors to the Site, and the public.

You agree that Hart Wilcox may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hart Wilcox, for which monetary damages would be inadequate, and you consent to Hart Wilcox obtaining any injunctive or equitable relief that Hart Wilcox deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hart Wilcox may have at law or in equity.

If Hart Wilcox does take any legal action against you as a result of your violation of these Terms of Use, Hart Wilcox will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hart Wilcox. You agree that Hart Wilcox will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Hart Wilcox with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Hart Wilcox with respect to such use are hereby superseded and cancelled. Hart Wilcox will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Hart Wilcox’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Hart Wilcox of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Hart Wilcox and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Copyright Information

A copyright is a property right in an original work of authorship. Copyright is recognised in most countries of the world by statutory copyright laws.

Copyright exists in the expression of an idea, but not the idea itself. Copyrightable expressions can take many forms but are usually categorised as literary, musical, dramatic, pantomime and choreography, pictorial, graphic, sculptural, computer programs, motion pictures, and sound recordings.

Hart Wilcox actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

To obtain permission to use Hart Wilcox copyrighted materials please refer to ‘Rights and Permissions’ below.

Rights and Permissions

If you have any questions concerning the usage or licensing of Hart Wilcox copyrighted materials, for example, photographs, video footage, advertisements or other Hart Wilcox materials, please submit your detailed request in writing.