Terms and Conditions
Definitions
The terms “website” or “site” shall refer to www.hammerheadshop.com, which is controlled and maintained by Charles Machine Works (CMW), dba. HammerHead Trenchless.
The terms “you,” “your,” and “user” shall refer to any individual who visits, views, accesses or otherwise uses any of the services or information compiled on this website.
Acceptance of our Terms
By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to this website, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms and Conditions your only option is not to visit, view or otherwise use the services of www.hammerheadshop.com. You understand, agree and acknowledge that these Terms and Conditions, together with our Privacy Policy and Purchase, Shipment & Return Policy, constitute a legally binding agreement between you and CMW and that your use of www.hammerheadshop.com shall indicate your conclusive acceptance of this agreement.
Provision of Services
You agree and acknowledge that CMW is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it.
Privacy Policy
For questions and concerns about your personal information, please review our Privacy Policy, which is hereby incorporated into these Terms and Conditions.
Purchase, Shipment & Return Policy
For questions regarding the purchase, shipment and/or return of purchases, please see our Purchase, Shipment & Return Policy, which is hereby incorporated into these Terms and Conditions.
Electronic Communications
When you visit www.hammerheadshop.com or send e-mails to us, you are communicating electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Third-Parties
This website may contain links to other websites. CMW is not responsible for the content of these third-party websites. Further, CMW disclaims any liability for injury caused by the actions of these third-party websites, including any disclosure of personal information or actions by third party websites that do not conform to the Privacy Policy of CMW.
Intellectual Property
This website may contain proprietary and confidential information including trademarks, copyrights and patents that are protected by law. This intellectual property may not be sold, reproduced or distributed without our written permission. Any rights not specifically granted herein are reserved.
Any third-party trademarks, service marks and logos are the property of their respective owners.
CMW grants you a limited license to access and make personal use of www.hammerheadshop.com. You may not download or modify any portion of this site without the express written consent of CMW. This license does not permit the resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of CMW.
Issued and pending patents related to HammerHead Trenchless products can be found at charlesmachine.works/patents
Disclaimer of Warranties and Limitation of Liability
The services and site provided by CMW are provided on an “as is” and “as available” basis. CMW makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site and CMW’s products or services and the disclosure of your personal information is at your sole risk.
In no event shall CMW or its beneficiaries and assigns be liable for any special or consequential damages, including lost profits or loss of data arising from the use of this site. CMW is limited in its liability to any user by the amount a user has paid CMW for use of this site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Every effort is made to keep the website up and running smoothly. However, CMW takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues.
Applicable Law
By visiting or using this website, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and CMW or any of its agents or affiliates.
Disputes
Any dispute relating in any way to the site or a service provided by CMW shall be heard, adjudicated and determined exclusively and only in an action or proceeding filed in the Wisconsin District Court for Jefferson County or The United States District Court for the Western District of Wisconsin.
For purposes of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Wisconsin.