Terms of Use

Last Updated: June 5, 2024

HaF Equipment is pleased to make information about its business, products, and services available via its website located at hafequipment.com (the “Website”).  The following terms govern your use of our Website, including your access of any information available on our Website or use of any features of our Website.  

These Terms of Use (“Terms”) are entered into by and between you and HAF Equipment LLC (“we,” “us,” or “HaF”). “You” and similar terms means you as an individual, as well as any business or entity on whose behalf you are using the Website, and you represent and warrant that you are authorized to enter into this agreement on behalf of yourself and such business or entity.

Please read these Terms carefully. By either: (i) accessing or using the Website, or (ii) clicking on an “I Agree,” “Submit,” or similar checkbox or button when prompted, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Website.

The Website is offered and available to users who are 18 years of age or older. By using the Website, you represent and warrant that you are 18 years of age or older and otherwise meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Website.

HaF reserves the right to make changes to these Terms at any time without notice to you, effective as of the “Last Updated” date above. All changes apply to all access to and use of the Website thereafter. If you are dissatisfied with the Website or these Terms, you must discontinue using the Website.

Accessing the Website

Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable right to access and use the Website, solely and strictly in accordance with these Terms and applicable laws. You understand and agree that the Website is provided under license to you, not being sold to you, and you do not gain any ownership interest of any kind in the Website under these Terms.

We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users. HaF does not make any representations or guarantees regarding uptime or availability of the Website.

You are responsible for: (i) making all arrangements necessary for you to have access to the Website; and (ii) ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

We may block, limit, or terminate your access to the Website for any reason, including if: (i) you violate these Terms; (ii) you violate any applicable law or regulation relating to your use of the Website; (iii) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; or (iv) you breach any other agreement with us.

Your Information

You will need to provide certain registration details or other information to access the Website or some of the resources it offers. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete; you are prohibited from impersonating any individual or entity. You agree that all information you provide to us via the Website, use of the Website, or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Appropriate Use

The Website is controlled and operated by HaF Equipment LLC from its offices within the United States. The Website is not intended to subject HaF to any non-U.S. jurisdiction or law. HaF makes no representation that the information or materials on or linked through the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws, rules, and regulations in their respective location in doing so.

You shall not use the Website for any purposes beyond the scope of the access granted by these Terms. You shall not at any time, directly or indirectly, and shall not permit any third parties, to: (i) reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Website; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website to any third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Website or HaF systems, in whole or in part; (iv) remove any proprietary notices from the Website; or (v) use the Website in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You shall not: (i) transmit or otherwise make available through or in connection with the Website, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious or could lead to the harm or deletion of any computer systems or data; (ii) use any device, software or routine that interferes with the Website; (iii) use the Website in an unlawful or fraudulent manner; (iv) impersonate any other person or misrepresent you identity in any manner, including through the use of another user’s credentials; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website; (vi) use any automatic device, process or means (including any bot or scrape) to access the Website for any purpose, including monitoring, scraping, exporting, or copying content or any data on or from the Website; and (vii) otherwise attempt to interfere with the proper working of the Website.

We reserve the right to terminate or block access to the Website at any time, for any reason. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Intellectual Property Ownership

You acknowledge that, as between you and HaF, HaF owns all right, title, and interest, including all intellectual property rights, in and to the Website and, with respect to third-party products, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party products, trademarks, images, and related designs.

HaF names and logos, including HAF™, TOOL-FREE QUICK TAKE APART®, and all related product and service names, design marks and slogans are the trademarks or service marks of HaF or HaF’s licensors. All rights are reserved. You are not authorized to use any HaF name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of HaF. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Website is the property of their respective owners. 

The entire contents and design of the Website is protected by U.S. and international copyright law. All rights regarding the Website and materials contained on the Website is either owned by HaF, are licensed to it, or are used with permission. HaF and its licensors, vendors or other service providers retain and reserve all proprietary and property rights to the contents of the Website.

Updates

We may from time to time in our sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

User Content

The Website may allow you to upload, post, transmit, or share information, text, data, photographs, and other content (collectively, “User Content”), including through reviews or other forums. In uploading, posting or sharing such User Content, you grant HaF and its affiliated entities a non-exclusive, sublicensable, perpetual, worldwide, royalty-free license to display, access, view, store, and/or download User Content, and post or forward User Content to others, for the purpose of providing you the Website or any other use described in our Privacy Policy. You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Content does and will comply with these Terms.

You are responsible for any User Content you submit or contribute, and you, not HaF, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. HaF is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

The following content standards apply to any and all User Content and use of the Website. User Content must in its entirety comply with all applicable federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Give the impression that they emanate from or are endorsed by HaF or any other person or entity if this is not the case.
• Contain any information about a person under 18 years of age.
• Criticize HaF, the Website, or the service of any of HaF’s operational partners.

HaF may, in its sole discretion, deny any application to forward or further display User Content. HaF may also change these standards at any time without notice.

Warranty Disclaimer

THE WEBSITE, AND ALL INFORMATION AVAILABLE VIA THE WEBSITE, IS PROVIDED “AS IS” AND HAF HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. HAF SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HAF MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR RESULTS OF THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER WEBSITE, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures of the Website.

Limitations of Liability

IN NO EVENT WILL HAF BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR WEBSITE, IN EACH CASE REGARDLESS OF WHETHER HAF WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL HAF’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.

Indemnification

You agree to defend, indemnify, and hold HaF, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your violation of applicable laws, rules or regulations, or your breach of these Terms.

Governing Law and Waiver of Class Actions

These Terms are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota in each case located in Hennepin County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU AGREE THAT HAF AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION OR ANY SIMILAR COLLECTIVE LEGAL ACTION. YOU WILL PURSUE ANY CLAIM OR DISPUTE REGARDING HAF IN YOUR INDIVIDUAL CAPACITY AND NOT AS PART OF A CLASS ACTION OR COLLECTIVE ACTION.

ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

Third-Party Sites

The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by HaF, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). You may be transferred to a Third-Party Site even though it appears that you are still on our Website. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. HaF is not liable for your use of any Third-Party Site.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms and the Privacy Policy constitute the sole and entire agreement between you and HaF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Information

If you have questions or comments about these Terms, please contact us at:

HAF Equipment LLC

1140 Gervais Avenue

Maplewood, MN 55109

Email: [email protected]