TERMS OF USE AGREEMENT

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. HooverFence.com may revise these terms of use at any time by updating this page. Although you may "bookmark" a particular portion of this Internet site and thereby bypass this Terms of Use Agreement, your use of this site binds you to the Terms of Use agreement. You should visit this page periodically to review the Terms of Use because they are binding to you when you use this site.

Limited License to Use HooverFence.com: Hoover Enterprises, Inc. dba Hoover Fence Company, an Ohio-based company, hereby grants you a limited, non-exclusive, non-assignable, and non-transferable license to access and use HooverFence.com online services and all public pages of the HooverFence.com domain (the "Internet Site") operated by HooverFence.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 HooverFence.com or third-parties (collectively referred to herein as "Information") on the HooverFence.com Internet domain. On occasion, HooverFence.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. HooverFence.com does not guarantee the availability, accuracy, or reliability of any such information, nor endorse the products or services of any third party. HooverFence.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 HooverFence.com or a third party.

Proprietary Rights and Limits to Use: Copyright 1996 HooverFence.com. All rights reserved. The information is exclusive property of HooverFence.com, or its licensors, and nothing in the Terms of Use agreement, or on the Internet 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 Information. HooverFence.com, 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 HooverFence.com 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 HooverFence.com is prohibited. Unless separately and specifically authorized in writing by HooverFence.com, 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 "HooverFence.com Permission Request" in the subject line, and include the following information in the body of the message.

The HooverFence.com content you wish to use.
Where and how such content will be used (for example in a manual, a presentation).
Where and how copies will be produced and distributed
When you intend to publish the content.
Other non-HooverFence.com. materials that will be associated with the HooverFence.com content.
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. HooverFence.com reserves the right to refuse permission to copy distribute, broadcast, or publish any of its copyrighted material.

Granted Rights: You hereby grant to HooverFence.com 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 HooverFence.com (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.

HooverFence.com 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 HooverFence.com; 2) cause confusion, mistake, or deception; 3) dilute HooverFence.com, or its licensors' trademarks, service marks, or other intellectual property; or 4) otherwise violate state or federal law. You may not use any of HooverFence.com or its licensors' proprietary logos, marks, or other distinctive graphics, video, or audio material in your links without prior written consent.

Service Delays: HooverFence.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. HooverFence.com shall have no responsibility to provide you access to the Internet Site.

Monitoring: You acknowledge that HooverFence.com reserves the right to and may on occasion, monitor any and all information transmitted or received through the Internet Site. HooverFence.com, 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 HooverFence.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. HooverFence.com reserves the right to refuse assistance or to charge additional fees if you seek assistance from HooverFence.com 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 HooverFence.com. Though such information is recognized by the parties to be generally reliable, the parties acknowledge that inaccuracies may occur and HooverFence.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. HooverFence.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, HooverFence.com and its licensors do not represent or warrant that the Internet Site or the information will meet your requirements or are suitable for your needs. Under this Terms of Use Agreement, 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 HooverFence.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 whatsoever.

Site Security: Your are prohibited from violating or attempting to violate the security of the HooverFence.Com 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. HooverFence.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 HooverFence.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 HooverFence.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: HooverFence.com 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. These Terms of Use give you specific legal rights and you may also have other rights which vary from state to state.

Indemnification: Upon request, you agree to and shall indemnify, defend, and hold harmless HooverFence.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: HooverFence.com does not collect any personal information about you except when you expressly provide it. HooverFence.com will not transfer information about you to any other party unless otherwise stated at the time of collection. At HooverFence.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. HooverFence.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. HooverFence.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 HooverFence.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 HooverFence.com.

Lawyer's Fee: If HooverFence.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, HooverFence.com shall be entitled to recover from you (and you agree to pay), in addition to all sums to which HooverFence.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. HooverFence.com 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 compliance with the local laws. This Terms of Use Agreement shall be governed by 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 HooverFence.com concerning the subject matter hereof, and no other agreement, written or oral, exists between you and HooverFence.com.

Updated: June 14th, 2008.
Copyright 1996-2008 HooverFence.com