Terms of Use

HydroHoist®, LLC

Last Revised: May 9, 2019

Our websites (boatlift.com, powerpedestal.com, hydrohoist.com, and rotomoldusa.com, collectively the “Websites” and each a “Website”) are owned and operated by HydroHoist®, LLC (“HydroHoist, “we,” or “us”), whose registered office is 915 W. Blue Starr Drive, Claremore, OK 74017. These terms of use are entered into by and between You and HydroHoist. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Websites, including any content, functionality and services offered on or through the Websites, whether as a guest or a registered user.

Please read the Terms of Use and our Privacy Policy (described below) before you start to use any Website.  If you continue to browse and use any Website, you are agreeing to comply with and be bound by the Terms of Use, which together with our Privacy Policy govern our relationship with you in relation to the Websites. If you disagree with any part of these Terms of Use, please do not use our Websites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.  Please note that the date of the last revision of these Terms is set forth above. Your continued use of any Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Websites

We reserve the right to withdraw or amend any Website, and any service or material we provide on any Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or an entire Website, to users, including registered users.

Responsible Use and Conduct

By visiting a Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as “Resources”), you agree to use the Websites and Resources only for the purposes intended as permitted by (a) these Terms of Use, and (b) applicable laws, regulations and generally accepted online practices or guidelines, and to not use the Websites or Resources:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate HydroHoist, a HydroHoist employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or other identifiers associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or the Resources, or which, as determined by us, may harm HydroHoist or users of the Websites or Resources or expose them to liability.

Additionally, you agree not to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; attack a Website via a denial-of-service attack or a distributed denial-of-service attack; or to otherwise attempt to interfere with the proper working of the Websites or the Resources.

Wherein, you understand that:

1. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You agree that all information you provide to register with a Website, use the Resources, or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access a Website or our Resources. Accordingly, you are responsible for all activities that occur under your account/s. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.
3. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
4. Engaging in any activity that disrupts or interferes with the Websites or our Resources, including the servers and/or networks to which our Websites or Resources are located or connected, is strictly prohibited.
5. Attempting to monitor, copy, duplicate, reproduce, sell, trade, or resell our Websites or Resources is strictly prohibited.
6. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
7. We may provide various open communication tools on our Websites, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website (“User Content”), then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting User Content or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any User Content that:
8. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
9. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Iii. Contains any type of unauthorized or unsolicited advertising;

Iiii. Impersonates any person or entity, including any HydroHoist®, LLC employees or representatives.

We have the right at our sole discretion to remove any User Content that, we feel in our judgment does not comply with these Terms of Use, along with any content that we feel:

• Contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy.
• Would be likely to deceive any person.
• Promotes any illegal activity, or advocate, promote or assist any unlawful act.
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonates any person, or misrepresent your identity or affiliation with any person or organization.
• Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

or is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

1. We do not assume any responsibility or liability for any User Content posted by you or any other 3rd party users of our website, including with respect to such User Content’s legality, reliability, accuracy or appropriateness. However, any User Content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of HydroHoist, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

You represent and warrant that:

• You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our licensees, successors and assigns.
• All of your User Content does and will comply with these Terms of Use.

1. You agree to indemnify and hold harmless HydroHoist, and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of these Terms of Use. To read our Privacy Policy in its entirety, visit our Privacy Policy page.

Disclaimer and Limitation of Warranties

By using our Websites, you understand and agree that the Websites and all Resources we provide are “as is” and “as available,” without any warranties of any kind, either express or implied. This means that we make no representations with respect to the completeness, security, reliability, quality, accuracy or availability of the Websites or the Resources, and do not represent or warrant to you that:

1. i) the use of the Websites or our Resources will meet your needs or requirements,
2. ii) the use of the Websites or our Resources will be uninterrupted, timely, secure or free from errors,

iii) the information obtained by using the Websites or our Resources will be accurate or reliable,

1. iv) any defects in the operation or functionality of the Websites or any Resources we provide will be repaired or corrected, or
2. v) our Websites or the server that makes them available are free of viruses or other harmful components.

Furthermore, you understand and agree that:

1. v) any content downloaded or otherwise obtained through the use of the Websites or our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
2. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from HydroHoist, or through the Websites or any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.

vii) we cannot and do not guarantee or warrant that files available for downloading from the internet, the Websites or the Resources will be free of viruses or other destructive code.

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF A WEBSITE, THE RESOURCES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR THE RESOURCES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE WEBSITES, OR ON ANY WEBSITE LINKED TO THEM.  YOUR USE OF THE WEBSITES AND THE RESOURCES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK.  WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

in no event will HydroHoist, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with.  In conjunction with the Disclaimer and Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. In no event will HydroHoist its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of your use, or inability to use, the Websites or the Resources, any websites or applications linked to them, any content on the Websites or the Resources or such other websites or applications or any services or items obtained through the Websites or the Resources or such other websites or applications, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, to the full extent that applicable limitation of liability laws apply.

Indemnification

You agree to defend, indemnify and hold harmless HydroHoist, its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites or the Resources, including, but not limited to, your User Content, any use of the Websites’ or the Resources’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites or the Resources.

Intellectual Property Rights

The Websites and their entire contents, features and functionality (including but not limited to all Resources, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  These Terms of Use permit you to use the Websites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of a Website or Resource for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• With respect to any applications we provide for download (including any Resources), you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications in addition to these Terms of Use and our Privacy Policy.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from the Websites or the Resources.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Websites or the Resources.

You must not access or use for any commercial purposes any part of the Websites or the Resources or any services or materials available through the Websites or the Resources.

If you wish to make any use of material on the Websites or the Resources other than that set out in this section, please address your request to [e-mail address].

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Websites or the Resources in breach of the Terms of Use, your right to use the Websites and the Resources will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Websites or the Resources or any content on the Websites or the Resources is transferred to you, and all rights not expressly granted are reserved by HydroHoist. Any use of the Websites or the Resources not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Copyrights/Trademarks

All information and material including images and text on the Websites are the property of (or under licensed use by) HydroHoist and are subject to copyright protections. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners.

Monitoring and Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Websites and Resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Websites and the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Websites or through the Resources. YOU WAIVE AND HOLD HARMLESS HYDROHOIST AND ITS PARENT COMPANY AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, DONORS, AGENTS, AND LICENSORS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HYDROHOIST OR LAW ENFORCEMENT AUTHORITIES.  However, we cannot review all material before it is posted on the Websites or on the Resources, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Linking to the Websites and Social Media Features

You may link to a Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.  Each Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on a Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on a Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause a Website or the Resources, or portions of either, to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of a Website other than the homepage.
• Otherwise take any action with respect to the materials on this Websites or the Resources that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Websites

If a Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. In some cases, the third party’s content may be framed in such a way that it may appear you are on the Website or still utilizing the Resources. We make no representations or warranties concerning, and are not responsible for, such content or information or the operation of third-party website or electronic services reached by virtue of such links or content, and the presence of such links, information or content does not imply that we sponsor, authorize or are affiliated with such website(s), services, or third parties, or any services or products offered therein or thereby.  We have no control over the contents of those sites or resources and do not guarantee the accuracy, completeness, availability, quality, or usefulness of any third party content.  We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Use of Cookies.

Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes so that it may track website and user activity. The use of Cookies, as defined in our Privacy Policy, is an industry standard and you will find them at most major websites. By showing how and when visitors use the Websites, Cookies help us to track those areas of our Websites that are popular and which areas are not. Many improvements and updates to the Websites and to the Resources are based on data such as total number of visitors and pages viewed.

Governing Law

This website is controlled by HydroHoist®, LLC, LLC from our offices located in the state of Oklahoma, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Oklahoma, by accessing our website, you agree that the statutes and laws of Oklahoma, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.  We make no claims that the Website, the Resources, or any of their content is accessible or appropriate outside of the United States. Access to the Websites or the Resources may not be legal by certain persons or in certain countries. If you access a Website or the Resources from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Oklahoma You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Waiver and Severability

No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HydroHoist to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HydroHoist with respect to the Websites and the Resources and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites and the Resources.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

HydroHoist®, LLC, LLC

918-341-6811

915 W. Blue Starr Drive

Claremore, OK  74017