TERMS OF USE
Welcome to our site. We provide this site to you subject to the following terms of use (“Terms”). If you visit this site, you accept these Terms. Please read them carefully. These Terms are subject to change without prior written notice at any time, in our sole discretion, and such changes shall apply to any purchases made after such changes are posted to the site.
Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.
1. Marketing and Branding.
Brand compliance
Web presence
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons and images, is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws. (See HexArmor® Intellectual Property Notice)
TRADEMARKS
All trademarks, logos, service marks (collectively referred to as the “Marks”) used in the website are unregistered or registered trademarks of HexArmor and others. The Marks may not be used without HexArmor’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending are the sole property of HexArmor and/or its licensors. (See HexArmor® Intellectual Property Notice)
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates our permission or license.
Location
This website originates from the United States of America. We make no representations that the information on our site is appropriate or available for use in any location outside of the United States.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit reviews, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead to the origin of the content. We reserve the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and Amazon for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
PRODUCT DESCRIPTIONS
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.
Product Performance
HexArmor® products are cut and puncture resistant, NOT CUT AND PUNCTURE PROOF. Do not use with moving or serrated blades or tools. User shall be exclusively responsible to assess the suitability of the product as specified for any individual application or use.
Protection Zones
Protection zone imaging is to be used as a general guide to show areas where SuperFabric® brand materials are incorporated into HexArmor® products. Actual protection zones may vary.
Product Orders
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
HEXARMOR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HEXARMOR 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.
ANY PRODUCTS PURCHASED BY YOU ARE PURCHASED “AS IS” AND “WITH ALL FAULTS”. HEXARMOR DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE PRODUCTS, EXPRESSED OR IMPLIED, REGARDING ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION DESCRIPTION, QUALITY, DESIGN, PERFORMANCE, SPECIFICATIONS, CONDITION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABLITIES OF HEXARMOR. YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON OUR SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE. HEXARMOR NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to indemnify, defend, and hold harmless HexArmor its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website or in any way related to your purchase or use of the products.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to our site. We reserve the right to make changes to our site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
These terms and conditions are applicable to you upon your accessing the website. HEXARMOR reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, we may terminate these terms and conditions, or any part of them, without notice at any time, for any reason.
New Changes to California’s Proposition 65 LawAt HexArmor, worker safety is our number one concern, which is why keeping our customers and our distributors up-to-date on all safety standard changes and laws having to do with HexArmor products is important to us.
As you may know, California’s “Proposition 65” law requires companies conducting business in the state of California or selling products to customers in the state of California to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to one of more than 900 chemicals listed under the law. This warning typically comes in the form of a conspicuous label that is mandated by Proposition 65 requirements.
As of August 2018, Proposition 65 now requires any seller (ie: HexArmor or their authorized distributors) of consumer products with these chemicals over the established safe harbor levels to provide the warning on their website and catalogs in addition to the prior labeling requirements.
If you wear HexArmor products, you might want to know that we do, too. HexArmor makes it a priority to stay in compliance with all Prop 65 requirements and to label all products affected by it accordingly. We strongly believe, however, that when our PPE products are used as intended, they are perfectly safe.
If you are a distributor of HexArmor products, under California Proposition 65 and as a partner of HexArmor, it is your responsibility to make sure that any required warnings are provided on your retail website or in your catalog if you are displaying these products. If you also distribute our products to retailers, it is your responsibility to forward this information to them.
If you would like more information about this change:
OUR ADDRESS:
Performance Fabrics Incorporated DBA HexArmor
640 Leffingwell Avenue NE
Grand Rapids, MI 49505