Last Reviewed: April 12, 2022
HPE Design LLC. (“Hennessey Performance”) operates this website (“Site”) that links to these Terms of Use to provide online access to information about Hennessey Performance and the products, services, and opportunities we provide.
By accessing and using the Site, you agree to these Terms of Use.
Hennessey Performance reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
Permitted Use of The Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Hennessey Performance products and services, and solely in compliance with these Terms of Use.
Prohibited Use of The Site
By accessing the Site, you agree that you will not:
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
Copyrights and Trademarks
The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Hennessey Performance or its licensors (if any). Hennessey Performance owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Hennessey Performance, the Hennessey Script logo, the Hennessey ‘H’ logo, and other marks used by Hennessey Performance from time to time are trademarks and the property of Hennessey Performance. The appearance, layout, color scheme, and design of the HennesseyPerformance.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Hennessey Performance may use and incorporate into the Site any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site should be sent to Hennessey Performance’s designated Copyright Agent. Submit to privacy@hennesseyperformance.com.
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Hennessey Performance of the third party, the third-party web site, or the information there. Hennessey Performance is not responsible for the availability of any such web sites. Hennessey Performance is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Hennessey Performance affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.
Downloading Files
Hennessey Performance cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Disclaimers; Limitations of Liability
HENNESSEY PERFORMANCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HENNESSEY PERFORMANCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HENNESSEY PERFORMANCE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HENNESSEY PERFORMANCE AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BY LIABLE FOR ANY DIRECY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF HENNESSEY PERFORMANCE OR ANY OF HENNESSEY PERFORMANCE’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HENNESSEY PERFORMANCE IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF HENNESSEY PERFORMANCE AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Hennessey Performance, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
Privacy
Your use of the Site is subjected to Hennessey Performance’s Privacy Policy, available here.
General Provisions
Last Revised: April 12, 2022
Copyright 2022 Hennessey Performance. All rights reserved
9281 SW I-10 Frontage Rd
Sealy, Texas 77474
Call Us:
Email Us:
sales@hennesseyperformance.com
Office Hours:
M-F: 8am – 7pm CST
Sat.: 10am – 4pm CST (Calls Only)
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