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Terms

Terms and Conditions Policy

By using the www.HirshOffice.com website ("Site") in any way, including, without limitation, browsing this Site, using any information, submitting information to, and/or purchasing product from Hirsh Industries, LLC (“Hirsh”), you agree to the following terms, conditions, policies and notices contained on this page, together with any documents or policies they reference or incorporate ("Terms") and assume total responsibility and risk for your use of this Site and any services contained herein. This includes, but is not limited to, conducting any transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of Iowa law. If you do not agree to these terms, you should immediately discontinue use of this Site. Your decision to use the Site shall be deemed as your acknowledgement that none of the terms are unconscionable or unreasonable to you in any manner, whatsoever. Please read these terms carefully before using the Site.

You also acknowledge that content on this Site, including these Terms, may change at any time, without any obligation on the part of Hirsh to notify you of such changes. All changes are effective immediately when posted. It is your responsibility to review these Terms for any changes. Your use of the Site following any amendment or modification of these Terms will signify your agreement to and acceptance of its revised Terms. Hirsh may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Hirsh will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. If you have any concerns regarding these Terms, please contact Hirsh at csteam@HirshIndustries.com.

This Site is to be used for lawful purposes only. Use of the Site to access, transmit, communicate, deliver, or store any information, data, content, or material in violation of any federal, state, local, or international regulation or law (including material protected by copyright, trademark, and trade secret or otherwise confidential information) is strictly prohibited. You may not use the content or features available at the Site for any commercial purpose without permission from Hirsh. This Site is intended for, offered and made available only to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Site.

Using the Site and Your Account

Certain areas of the Site, including without limitation the Shopping Cart checkout page and/or Order Tracking page , may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or any features at all. If the Site requires you to create an account or otherwise submit information, you agree that you will provide accurate and complete information for your user account; that you will not impersonate a third party in your communications with Hirsh; that you will only submit information about yourself or those for whom you are authorized to submit information; and that you will otherwise comply with these Terms, including the Submission Policy set forth below. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the Site. Hirsh does not require the creation of an account to use the Site or to order products, but Hirsh allows the creation of an account as a convenience to you.

You are solely responsible for the activity that occurs on your account, including all transactions and other activities undertaken with your device and any stored payment card, whether authorized or unauthorized, and you must keep your user account, username, and password secure. You must notify Hirsh immediately of any breach of security or unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user name, password, or other information which provides you access to the Site. Hirsh is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Hirsh shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a computer or device or from unauthorized or fraudulent transactions associated with the Site. You agree to exit from your account at the end of each session on the Site. You should be very careful if you access your account from a public or shared computer so that others are not able to view or record your user name, password or other personal information. Hirsh recommends only using a private computer or device to conduct transactions on the Site.

You understand and acknowledge that you have no ownership rights in your account or other access to the Site or features therein. Hirsh may terminate your access to the Site, cancel your account and/or delete all information associated with your account, including any materials you may have submitted to Hirsh, at any time, and without notice, for any reason, including if Hirsh deems that you have violated these Terms, the law, or for any other reason. Hirsh assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

You understand and acknowledge that certain offers, services and features that may be available on the Site may be subject to additional specific terms and conditions. In the event of any conflict between these Terms and any such specific terms and conditions, the specific terms and conditions will control.

You agree that Hirsh and/or its third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Site access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of Products and other services to you (if any) related to the Site. You grant Hirsh the permission to use this information to improve its Products and/or to provide services to you.

Content and Intellectual Property Ownership

All right, title and interest in and to the information, content, data, photographs, images, graphics, videos, audio, trademarks, service marks, logos, and other material (collectively, the "Hirsh Content") available at the Site, including, without limitation, any copyrights in or to the Hirsh Content, belong to Hirsh and its content providers or their licensors, and is protected in the U.S. and internationally under trademark, copyright, privacy, and other intellectual property laws. "HIRSH" and all other trademarks, service marks, trade names and logos of Hirsh appearing on the Site are the property of Hirsh. All uses of such marks shall inure solely to the benefit of Hirsh. The use of Hirsh’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. Hirsh's trademarks, service marks, trade names and logos may not be used without Hirsh's permission.

The Hirsh Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without Hirsh's permission. This includes, but is not limited to, downloading, displaying or using any Hirsh Content located on the Site in whole or in part for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Hirsh, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Hirsh and/or its licensors, that dilutes the strength of Hirsh's or its licensor's property, or that otherwise infringes Hirsh’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Hirsh Content or third party content that appears on this Site.

Any unauthorized use of the Hirsh Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any Hirsh Content, available at the Site. You agree not to display or use any Hirsh Content in any manner, or for any commercial purpose, without the express prior written permission from Hirsh.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated by any content on the Site, please contact csteam@HirshIndustries.com or write to Hirsh’s designated agent at Hirsh Industries, LLC, Attn.: Corporate Compliance/Governance, 3636 Westown Parkway, Suite 100, West Des Moines, Iowa 50266.

Submission Policy

From time to time on certain areas of our Site you may be able to submit photos, written posts and certain other materials ("User Content"). If you submit User Content intended for display on this Site, you agree not to submit any User Content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, harmful, tortious, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable, injurious or inappropriate as may be determined by Hirsh in its sole discretion. You further agree that you will not infringe the privacy rights of third parties and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of Hirsh, nor will you post any content that contains a business solicitation.

All User Content you submit to Hirsh becomes the property of Hirsh and may not be acknowledged. You hereby grant to Hirsh a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, fully transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit, reformat, publicly perform, publicly display, reproduce, and distribute any User Content in which you may be deemed to continue to hold any ownership right as necessary and for any purpose, anywhere in the world, including into those forms that may constitute advertising. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own or control the content submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and Hirsh’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Hirsh may cancel your account and delete all User Content associated with your account at any time, and without notice, if Hirsh deems that you have violated these Terms, the law, or for any other reason. Hirsh assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

By using this Site, creating a Hirsh account, and otherwise posting or submitting User Content to Hirsh, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will be treated as non-confidential and non-proprietary.

You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts ("Unsolicited Information"), such Unsolicited Information shall be deemed to be, and shall remain, the property of Hirsh, and Hirsh shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and Hirsh shall not be liable for any use or disclosure of any Unsolicited Information.

You agree to indemnify and hold Hirsh, its owners, affiliates, shareholders, parents, subsidiaries, directors, members, officers, employees, licensors, representatives and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Submission Policy, or any violations thereof by you or anyone using your account information or which arises from the use of User Content or Unsolicited Information you submitted, posted, or otherwise provided to Hirsh or this Site.

Transactions and Product Availability

Through the Site, you may be able to order and/or pay for Hirsh products (“Products”). To be able to order and pay for such products, you must supply certain information relevant to your transaction, including, without limitation, your name, phone number, email address, your credit or debit card number, the expiration date of your credit or debit card, the security code on your credit or debit card, the name on your credit or debit card, your billing address, and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Hirsh and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. Hirsh does not save or store your credit or debit card information, but third-party vendors Hirsh uses to complete transactions on the Site may store such information.

All descriptions, images, features, specifications, products, and prices of Products are subject to change at any time without notice. The inclusion of any Products on the Site does not imply or warrant that these Products will be available. Hirsh reserves the right, with or without prior notice, to do any one or more of the following for any reason: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar you from making or completing any or all transactions; and (iv) refuse to provide you with any Product. You agree to pay all charges incurred by you, on your behalf, or by your account through the Site, at the price in effect when such charges are incurred and any shipping fees as indicated. You are solely responsible for any taxes applicable to your transaction.

ANY PRODUCTS DESCRIBED ON THE SITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

You understand and agree that your credit or debit card is charged at the time you place your order for Products. You further understand and agree that the transaction for the purchase of Products is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order. After you have submitted your order on the Site or you have otherwise directed Hirsh to begin preparation of your order by means designated by Hirsh and communicated to you in Hirsh’s sole discretion, you may not cancel your order. Hirsh may restrict orders placed by or under the same customer account, the same credit or debit card and/or orders that use the same billing and/or shipping address.

Despite Hirsh’s best efforts, occasional pricing and other errors may occur on the Site. Access to the Site does not constitute the right to purchase products featured. Hirsh is not responsible for typographical, pricing or other errors. Hirsh reserves the right to revise pricing and other errors and to cancel any order you have placed if there was an error concerning the price or availability of any item you ordered when you placed the order, even if you have received an order confirmation. If your credit or debit card has already been charged for the purchase and your order is cancelled, Hirsh will issue a credit to your credit or debit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. Hirsh reserves the right to limit quantities of products purchased.

Geographic Restrictions

Hirsh is based in the state of Iowa in the United States. This Website is intended for use by persons located in the United States, Canada and Puerto Rico. Hirsh makes no claims that the Site is accessible or usable outside of the United States, Canada and Puerto Rico. Access to the Site may be illegal outside of the United States, Canada and Puerto Rico. If you access the Website from outside of the United States, Canada and Puerto Rico, you are fully responsible for your compliance with local laws.

Disclaimer of Warranties and Limitation of Liability

You understand and acknowledge that Hirsh cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other malicious code. You are responsible for using anti-virus protection and for the accuracy of data input and output, and backing up your data. HIRSH IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A RANSOM-WARE ATTACK, DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR DATA DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Hirsh strives to ensure that the information contained in this Site is accurate and reliable. However, neither Hirsh nor the world wide web (or Site host) is infallible, and errors may sometimes occur. Therefore, Hirsh HEREBY NOTIFIES YOU THAT THIS SITE IS STRICTLY PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HIRSH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL HIRSH BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND HIRSH'S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, TERRORISM, INSURRECTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You acknowledge that any reliance on the Site or any content will be at your own risk. Hirsh also makes no representations regarding the amount of time that any content will be preserved. Hirsh may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall Hirsh be liable for any direct, indirect, special, incidental, punitive, special, or consequential damages arising out of any use of the information contained herein. You acknowledge that Hirsh may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without prior notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Hirsh will have no liability to you if this Site is discontinued or your ability to access the Site or content available at this Site is terminated.

Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACCRUAL OF THE CAUSE OF ACTION; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Privacy Policy

Hirsh has a privacy policy at https://www.hirshindustries.com/privacy (the “Privacy Policy”) setting forth how information about you is collected, used and stored. Please read the Privacy Policy for more information about Hirsh’s information collection and use practices. Your use of the Site constitutes acknowledgement and agreement with the Privacy Policy. You further acknowledge and agree that the Site may use your personal information in the manner described in the Privacy Policy.

Third Party Websites

The Site may be linked to third-party websites which are not maintained by Hirsh. Hirsh does not sponsor, endorse, approve, certify, or control those websites and is not responsible for the contents of such websites. If Hirsh links to social media websites with certain content, you may take such actions as are enabled by such features on those websites, but Hirsh has no responsibility for any actions taken on those websites. Hirsh may disable links to any social media features at any time without notice in our discretion. Those third-party websites may contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Hirsh. Hirsh makes no representations or warranties about the content, completeness, or accuracy of those third-party sites or information located on such sites. Such links do not constitute or imply endorsement, recommendation, or favoring by Hirsh. Furthermore, Hirsh is not responsible for the privacy practices of such other Sites. The information you submit at a third-party Site accessible from this Site is subject to the terms of that Site's privacy policy, and Hirsh has no control over how your information is collected, used, or otherwise handled. Access to any other websites linked to or from the Hirsh Site is at your own discretion and risk.

Purchasing Products from Third Party Websites

Some pages on this website have links to third-party websites that may allow you to purchase our products.  These “Buy from” Links will redirect your browser to a third-party seller’s website. Hirsh has no control over availability, pricing, or shipping provided by third-party websites. Hirsh is not responsible for any transactions which occur on third-party websites. It is your responsibility to double-check the product description on the third-party website to make sure you are purchasing the correct product. By clicking on one or more of these links to third-party websites you acknowledge this and affirm that you understand and agree to these terms.

 Indemnification

You agree to indemnify and hold Hirsh, its owners, shareholders, parents, subsidiaries, officers, directors, members, employees, agents, licensors, representatives, and third-party providers to this Site harmless for any claims, damages and, expenses, including reasonable attorneys' fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by any person who uses your account.

Miscellaneous

Both you and Hirsh acknowledge and agree that no partnership is formed and neither you nor Hirsh has the power or the authority to obligate or bind the other. These Terms and the documents or policies they incorporate constitute a binding agreement between you and Hirsh, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and Hirsh regarding the use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

This Agreement will be governed by and construed in accordance with the internal laws of the United States and the State of Iowa without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be exclusively subject to the federal, state and local courts in Polk County, Iowa. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SITE AND/OR THESE TERMS, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The failure of Hirsh to comply with these Terms because of an act of God, war, fire, riot, terrorism, insurrection, earthquake, pandemic, quarantine, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Hirsh, shall not be deemed a breach of these Terms.

Although Hirsh will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Hirsh or others due to such unauthorized use. If Hirsh fails to act with respect to your breach or anyone else's breach on any occasion, Hirsh is not waiving its right to act with respect to future or similar breaches.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and Hirsh relating to the Site, and replace any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. Any promotions contained herein are void where prohibited.

© 2021 Hirsh Industries, LLC. All rights reserved.

© 2022 Hirsh Industries. All rights reserved.