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TERMS AND CONDITIONS OF USE

INTRODUCTION

Welcome to the Web site ("Web Site") , HenryBierce.com. If our services interest you, please review these Terms and Conditions of Use ("Terms") and our Privacy Policy.

By accessing, browsing and/or using this Web Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("Terms"), including the privacy policy (the "Privacy Policy", and to comply with all applicable U.S. laws and regulations. In addition, you agree not to in any way alter or tamper with the software on or the operations of this Web Site or in any way compromise the security of the Web Site or HenryBierce.com's services. If you do not or cannot agree to the Terms and/or the Privacy Policy, please do not use the Web Site or any of the services offered through the Web Site. In addition, from time to time, HenryBierce.com may need to change or modify these Terms and/or the Privacy Policy and, as such, HenryBierce.com reserves the right, in its sole discretion, to do so. Your continued viewing of or use of the Web Site following the posting of any changes to the Terms and/or the Privacy Policy will signify your assent to any such changes.

We hope that you find the Web Site and our services useful and come back to visit us often!

HenryBierce.com'S INTELLECTUAL PROPERTY RIGHTS; FRAMING

HenryBierce.com puts a lot of content on the Web Site for you to examine. An example of some of the content includes: text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed in connection with this Web Site. Moreover, HenryBierce.com attempts to display the content in a way that will be easily accessible and useful for you, the customer. Therefore, the selection and arrangement of this content, as well as the software published on the Web Site, are owned and copyrighted by either HenryBierce.com or by a third party that authorizes HenryBierce.com to make such content available to you. In addition, all the trademarks, service marks, trade names, product names, company names, domain names, patents and logos appearing on this Web Site are proprietary to HenryBierce.com or are the property of their respective owners.

Also, unless approved in writing in advance by HenryBierce.com, you agree not to: (a) provide or create a link to the Web Site; and (b) create any frames at any other Web sites pertaining to or using any of the content located at this Web Site. If you do want to link to the Web Site, please contact the HenryBierce.com Webmaster at info@HenryBierce.com to seek approval. However, if you like, you may copy the content for your personal use, but you must retain any copyright, trademark, patent and/or other proprietary notice on the copied information. Furthermore, these Terms do not give you any right to reproduce, distribute, transmit, publish or commercially exploit any information provided by HenryBierce.com without permission of the owner of the copied information.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

WARRANTY DISCLAIMER

THE CONTENT AND SERVICES OF HenryBierce.com AND ACCESS TO THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HenryBierce.comm DOES NOT WARRANT THAT ANY PART OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HenryBierce.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS WEB SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU SHOULD THEREFORE VERIFY ANY INFORMATION OBTAINED FROM THIS WEB SITE BEFORE ACTING ON IT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT ALLOWED BY SUCH LAW.

HenryBierce.com EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON WEB SITES THAT LINK TO OR FROM THE WEB SITE. HenryBierce.com CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY WEB SITES AND/OR RELATED SERVICES NOR DOES HenryBierce.com MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST HenryBierce.com WITH RESPECT TO SUCH WEB SITES AND SERVICES.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, HenryBierce.com'S NEGLIGENCE, SHALL HenryBierce.com BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS WEB SITE, ANY OF HenryBierce.com'S CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF HenryBierce.com OR A HenryBierce.com REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS NOT PERMITTED BY SUCH LAW. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS AND/OR THE PRIVACY POLICY, IN NO EVENT SHALL HenryBierce.com'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HenryBierce.com AND, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THIS WEB SITE IN VIOLATION OF THESE TERMS AND/OR THE PRIVACY POLICY OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.

GOVERNING LAW; VENUE; WAIVER; SEVERABILITY

The laws of the State of Ohio (excluding any principles of conflicts of laws) govern your use of the Web Site, services and this Agreement. Any legal action or proceeding relating to your access to, or use of, this Web Site or HenryBierce.com's services MAY be instituted in a state or federal court located in Ohio, U.S.A. You and HenryBierce.com hereby agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Furthermore, no delay or omission by HenryBierce.com to exercise any right or any noncompliance on your part with respect to the Terms and/or the Privacy Policy shall impair any such right or be construed to be a waiver by HenryBierce.com. If any provision of the Terms and/or the Privacy Policy is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

CONTACT

If you would like to contact us for any reason regarding our privacy practices, please write us at the following address:

Tom Bierce
50 Southeast Ave.
Tallmadge, OH 44278
ph: (330) 633-3282
email: tbierce@HenryBierce.com

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The Henry Bierce Company in Tallmadge, Ohio, offers a wide range of building materials, hardware, and tool rental services. Homeowners can sign up for do-it-yourself seminars showing the basics of installing concrete pavers and retaining walls. For all your yard projects, we have the right lawn and garden equipment available to rent or buy. Stop in and see why we've been doing business in Tallmadge, Ohio for over 90 years!

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