This page states the terms and conditions under
which you may lawfully use this Internet site. Please read this page carefully.
If you do not accept all the Terms and Conditions stated here, you may not, and
are not authorized to use this site. HooverDoor.com may revise these terms of
use at any time by updating this page. Although you may "bookmark" a particular
you when you use this site.
Limited License to Use HooverDoor.com:
Hoover Enterprises, Inc. dba HooverDoor.com, an Ohio-based company, hereby
grants you a limited, non-exclusive, non-assignable, and non-transferable
license to access and use HooverDoor.com online services and all public pages of
the HooverDoor.com domain (the "Internet Site") operated by HooverDoor.com
provided and expressly conditioned upon your agreement that all such access and
use shall be governed by all of the terms and conditions set forth in this Terms
of Use Agreement. You hereby acknowledge and agree as follows:
Internet Site: The term Internet
Site shall be understood to include all areas, pages, and any subscription or
any other software, product, service, plan, data, or information provided by
HooverDoor.com or third-parties (collectively referred to herein as
"Information") on the HooverDoor.com Internet domain. On occasion,
HooverDoor.com may display or allow third parties to display information on the
Internet Site, including, but not limited to, how-to information, building plans
for home improvement projects, customer and company referrals, or
recommendations of contractors, customers, or other vendors, product guides, and
other Information pertaining to the construction, continued maintenance, or
improvement of the home, backyard, and garden. HooverDoor.com does not guarantee
the availability, accuracy, or reliability of any such information, nor endorse
the products or services of any third party. HooverDoor.com shall not be liable,
either directly or indirectly, for any loss, or subsequent damage or delay
arising out of your use or reliance upon any of the Information or the products
featured on the Internet Site, regardless of whether the Information was created
by HooverDoor.com or a third party.
Proprietary Rights and Limits to Use:
Copyright 1996 HooverDoor.com.
All rights reserved. The information is exclusive property of
Site shall be construed as transferring or assigning any such ownership rights
to you or any other person or entity. Contract law and various intellectual
property laws, including domestic and international copyright laws, protect the
information on this Internet Site. Except as expressly permitted by this Terms
of Use Agreement, you may not copy, adapt, distribute, commercially exploit, or
publicly display the information, or any portion thereof, in any manner
whatsoever without prior written consent. You may not remove, alter, or obscure
any copyright, legal or proprietary notices in or on any portions of the
and its associated logos, slogans, labels, names, and all page headers, metatags,
marks, trade names, custom graphics, buttons, and icons on the Internet Site are
service marks, trademarks, or copyrighted materials of
or its licensors. You may store in the memory of your computer and may
manipulate, analyze, reformat, print and/or display for your personal use only
the information received or accessed through the Internet Site pursuant to this
Agreement. You may not re-sell, re-distribute, broadcast, systematically
retrieve, create derivative work, or transfer the information or use the
information in searchable, machine-readable database or file. Further,
systematic retrieval of data or other content from this Site to create or
compile, directly or indirectly, a collection, compilation, database or
directory without written permission from
HooverDoor.com is prohibited.
Unless separately and specifically authorized in writing by
you may not rent, lease, sublicense, distribute, transfer, copy, reproduce,
publicly display, publish, adapt, store, or time-share the Internet Site, any
part thereof, or any of the information received, or accessed there from, to, or
through any other person or entity. You agree to use the Internet Site and
information for lawful purposes only. You agree not to post or transmit any
information through the Internet Site which (1) infringes the rights of others
or violates their privacy or publicity rights, (2) is unlawful, threatening,
abusive, defamatory, libelous, vulgar, obscene, profane, indecent, or otherwise
objectionable, or (3) is protected by copyright, trademark or other proprietary
right with out the express permission of the owner of such right. You shall be
solely liable for any damages resulting from any infringement, or copyright,
trademark, or other proprietary right or any other harm resulting from any
uploading, posting, or submission.
Numerous names, marks, logos, slogans, labels,
images, headers and footers and derivatives of, graphics, buttons, and icons
used on Site are trademarked and are the exclusive property of Hoover
Enterprises, Inc.. The trademarks are protected by common law rights and federal
intellectual property laws. No commercial website, or other, use of such
protected property may be used without the expressed written approval from
Hoover Enterprises, Inc.. In addition, Meta-tags utilizing such protected
property to bring Internet users to a separate commercial site through search
engines are required to be licensed by Hoover Enterprises, Inc.. Violations will
be strictly prosecuted to the furthest extent of law.
As clearly noted above, reproduction, copying, or
redistribution for commercial purposes of any materials or design elements on
this Site is strictly prohibited without the express written permission of
Hoover Enterprises, Inc. Permission is granted only when certain limited
criteria are met. For information on requesting such permission, please send an
Email using the "Contact Us" page with the words "HooverDoor.com
Permission Request" in the subject line, and include the following information
in the body of the message.
HooverDoor.com content you wish to use.
Where and how such content will be used (for example in a manual, a
Where and how copies will be produced and distributed
When you intend to publish the content.
materials that will be associated with the
Your name, title, company, address, email address, and telephone number.
In addition, please provide an example or mockup of the intended use, by sending
a file attached to your email (in a format readable with a PC). We will need all
of the above in order to evaluate your request.
reserves the right to refuse permission to copy distribute, broadcast, or
publish any of its copyrighted material.
Granted Rights: You hereby grant
and its affiliates, a worldwide, royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display any
messages posted on the Internet Site or any email sent to
(in whole or in part) and to incorporate it in other works in any form, media,
or technology currently now known or later to be developed.
may make additions, withdraw, or modify information within the Internet Site or
services provided through the Internet Site at any time in its sole discretion.
You agree to review the terms and conditions of this agreement periodically to
be aware of such revisions.
Linking to Internet Site: You may not link in any manner
reasonably likely to 1) imply affiliation with or endorsement or sponsorship by
2) cause confusion, mistake, or deception; 3) dilute
or its licensors' trademarks, service marks, or other intellectual property; or
4) otherwise violate state or federal law. You may not use any of
or its licensors' proprietary logos, marks, or other distinctive graphics,
video, or audio material in your links without prior written consent.
HooverDoor.com, nor any of its
licensors (including its partners, officers, directors, employees, affiliates,
agents, representatives or subcontractors) shall be liable for any loss or
liability resulting, directly or indirectly, from delays or interruptions due to
electronic or mechanical equipment failures, telephone interconnect problems,
data line interconnect problems, defects, weather, strikes, walkouts, fire, acts
of God, riots, armed conflicts, acts of war, or other like causes.
shall have no responsibility to provide you access to the Internet Site.
Monitoring: You acknowledge that
reserves the right to and may on occasion, monitor any and all information
transmitted or received through the Internet Site.
in its sole discretion and without further notice to you, may (but is not
obligated to) review, censor or prohibit the transmission, or receipt or any
information which HooverDoor.com
solely deems inappropriate (such as that specified within this agreement) or
that violates any term or condition of this Agreement. During such monitoring,
information may be examined, recorded, copied and used for authorized purposes.
Use of this Internet Site, authorized or unauthorized, constitutes consent to
such monitoring. Unauthorized uses and unauthorized users of the Internet Site
will be prosecuted to the full extent of the law.
Equipment and Operation: You and all users of Site shall
provide and maintain (including any applicable taxes) all equipment necessary to
access the Internet Site and the costs of any such equipment and/or telephone
connections or use, shall be borne solely by you. You are responsible for
operating your own equipment.
HooverDoor.com reserves the right to
refuse assistance or to charge additional fees if you seek assistance from
with respect to such information or any other matters not directly related to
the operation of the Internet Site.
Limited Warranty and Liability: You acknowledge that the
information, articles, and links provided through the Internet Site are compiled
from sources which are beyond
HooverDoor.com. Though such information
is recognized by the parties to be generally reliable, the parties acknowledge
that inaccuracies may occur and
HooverDoor.com and its licensors do not
warrant the accuracy or suitability of the information. You further acknowledge
and agree that the Internet Site and its information is provided to you on an
"As-Is with all faults" basis.
HooverDoor.com and its licensors
expressly disclaim any and all warranties, whether express, oral, implied,
statutory, or otherwise, including any implied warranty or merchantability, any
or non-infringement. Further,
HooverDoor.com and its licensors do not
represent or warrant that the Internet Site or the information will meet your
you assume all risk of errors and/or omissions in the information, including the
transmission of translation of information. You assume full responsibility for
implementing sufficient procedures and further check to satisfy your
requirements for the accuracy and suitability of the information and for
maintaining any means which you may require for the reconstruction of lost data
or subsequent manipulations or analyses of the information provided under this
Agreement. You further agree that
HooverDoor.com and its licensors
(including its and their partners, officers, directors, employees, affiliates,
agents, representatives, representatives, or subcontractors) shall not be liable
for any special, incidental, or consequential damages arising out of the use or
inability to use the Internet Site, or the information for any purpose
Site Security: Your are prohibited
from violating or attempting to violate the security of the
Site including but not limited to, (1) accessing data not intended for you, or
logging in to a server or account which you are not allowed to access; (2)
attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures; (3) attempting to interfere with
service to any user, host or network, including but not limited to, by means of
overloading, "flooding", "mail bombing", or crashing; or (4) sending unsolicited
Email, including Email, including promotions or advertising of products or
services, or (5) forging any TCP/IP packet header or any part of the header
information in any Email or newsgroup posting. Violations of the Site security
may result in civil or criminal penalties.
HooverDoor.com will investigate
occurrences that may involve such violations, and cooperate with law enforcement
authorities in prosecuting users who are involved in such violations.
Viruses: You acknowledge and agree
that HooverDoor.com will use reasonable efforts to assure that no viruses or
malicious programs with similar functions operate on, or are passed through the
Internet Site or the information. However, you also hereby assume all
responsibility (and thereby hold HooverDoor.com harmless), by whatever means you
deem most appropriate for your needs for detecting and eradicating any virus or
program with a similar function.
Site and Use Termination:
reserves the right, at its sole discretion, to terminate your access to all or
part if this Site with or without notice.
FTC Notice: Some states do not allow limitations on how long an
implied warranty lasts; therefore the above limitation may not apply to you.
Some states do not allow the exclusion or limitation of incidental or
consequential damages; therefore the above limitation may not apply to you.
rights which vary from state to state.
Indemnification: Upon request, you
agree to and shall indemnify, defend, and hold harmless HooverDoor.com and its
licensors (including its and their partners, officers, directors, employees,
affiliates, agents, representatives, or subcontractors) against all claims
brought by persons or entities other than the parties to this agreement arising
from or relating to your access and use of the Internet Site, including the
information obtained through the Internet Site and any losses, costs, damages,
personal injury, or other expenses arising out of your use of this Internet
Site, or your use of or reliance upon the information contained herein.
Privacy: HooverDoor.com does not
collect any personal information about you except when you expressly provide it.
HooverDoor.com will not transfer information about you to any other party unless
otherwise stated at the time of collection. At HooverDoor.Com, we are committed
to protecting your privacy. We use the information we collect about you to
process orders and to provide a more personalized shopping experience.
HooverDoor.com may use your personal identifying information for editorial,
promotional, or marketing purposes, unless you request that your information not
be used in such manner. HooverDoor.com may place a "cookie" in the browser files
of your computer. Such cookies do not contain any personally identifying
information. Our cookies do not contain any personally identifying information.
Most Web browsers automatically accept cookies, but you can usually change your
browser to prevent that. Even without a cookie, you can still use most of the
features on our site, including using our highly interactive fence calculators
and online estimating tools. When you order, we need to know your name, e-mail
address, mailing address, credit card number, and expiration date. This allows
us to process and fulfill your order and to notify you of your order status. We
may also use the information we collect to occasionally notify you
about important functionality changes to the Web site, new HooverDoor.Com
services, and special offers we think you'll find valuable.
Non-Conflicting Terms: Should
there exist any conflict between this agreement and any other text, help
tutorials, frequently asked questions, how-to manuals, or other documents, this
agreement shall govern, whether such other documents are prior to or subsequent
to this agreement, or are signed or acknowledged by any partner, officer,
director, employee, affiliate, agent, representative or subcontractor of
Lawyer's Fee: If
HooverDoor.com takes action (by itself
or through its representatives) to enforce any of the provisions of this
agreement, including collection of any amounts due hereunder,
shall be entitled to recover from you (and you agree to pay), in addition to all
sums to which HooverDoor.com
is entitled to or any other relief, at law of in equity, reasonable and
necessary attorney's fees and any costs of any litigation.
Governing Law & Limitations Venue: This Site may be accessed
from all 50 states as well as from other countries around the world.
makes no representation that materials on this website are appropriate or
available for use in other locations, and accessing them from territories where
their contents may be illegal is prohibited. Those who choose to access this
Site from other locations do so on their own initiative and are responsible for
the laws of the State of Ohio, excluding any rule or principle that would refer
to and apply the substantive law of another state or jurisdiction. To the extent
allowed by applicable law, any claims or causes of action arising from or
relating to your access and use of the Internet Site or the information
contemplated by this agreement must be instituted within two (1) year from the
date upon which such claims or cause arose or accrued. Further, any such claim
or cause of action may only be brought in the state and Federal Courts located
in Trumbull County, Ohio, and you agree to submit to the exclusive personal
jurisdiction of such courts and hereby appoint the Secretary of State of Ohio as
your agent for service of process. You hereby waive any objection and the right
to raise any future objection that the state or Federal courts of Trumbull
County, Ohio are an inconvenient forum for the resolution of any dispute or
claim arising under this agreement.
Severability: If any provision of this agreement is found to be
unlawful or un-enforceable in any respect, the court shall reform such provision
so as to render it enforceable. Or, if it is not possible to reform such
provision so as to make it enforceable, the court shall delete such provision
and as so reformed or modified, fully enforce this agreement.
The Entire Agreement: This agreement is complete and effective
at the time you agree to it by using this Internet Site and this agreement
constitutes the entire agreement between you and
concerning the subject matter hereof, and no other agreement, written or oral,
exists between you and HooverDoor.com.
Updated: June 14th, 2008.
Copyright 1996-2008 HooverDoor.com