1. Agreement to Terms

These Terms of Service (“Terms”) are a binding legal agreement between you (“you” or “user”) and Industrial Hydraulic and Machine (“Company,” “we,” “us,” or “our”), governing your access to and use of ihmbrighton.com (the “Site”) and any related content, features, or services we offer (collectively, the “Services”).

By accessing or using the Services, submitting a form, or otherwise indicating your acceptance, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Services.

We may update these Terms from time to time as described in Section 15. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. The Services are not directed to children under 13, and we do not knowingly allow children under 13 to use the Services.

3. Use of the Services

3.1 Permitted Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

3.2 Account and Form Information

If you submit information through a contact form or other form on the Site, you agree to provide accurate, current, and complete information and to update it as necessary. You are responsible for the accuracy of the information you submit, and we are not liable for any consequences arising from inaccurate or incomplete submissions.

3.3 Prohibited Conduct

You agree not to:

Use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
Submit false, misleading, fraudulent, or impersonating information through any form on the Site;
Transmit any viruses, malware, or other harmful or disruptive code;
Attempt to gain unauthorized access to the Services, other accounts, or computer systems or networks connected to the Services;
Use any robot, spider, scraper, or other automated means to access the Services without our prior written consent;
Interfere with or disrupt the integrity or performance of the Services;
Use the Services to transmit spam, unsolicited communications, or unlawful advertising;
Harvest or collect information about other users without their consent;
Reverse engineer, decompile, or disassemble any portion of the Services, except as permitted by law;
Use the Services in any manner that could disable, overburden, damage, or impair the Site.

4. Intellectual Property Rights

Unless otherwise indicated, the Services and all content, features, and functionality thereof, including but not limited to text, graphics, logos, icons, images, audio clips, and software (collectively, the “Content”), are owned by Industrial Hydraulic and Machine, 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 do not grant you any right, title, or interest in the Content, the Services, or our trademarks, logos, or brand features, except for the limited license expressly set forth in Section 3.1. Any use of the Content not expressly permitted by these Terms is strictly prohibited.

5. User Submissions and Feedback

If you submit any comments, suggestions, ideas, feedback, or other materials to us through a form, email, or otherwise (“Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, and otherwise exploit such Submissions for any purpose, without compensation or attribution to you. You represent that any Submission you provide is your own original work, or that you otherwise have the right to provide it, and that it does not infringe the rights of any third party.

6. Third-Party Links and Services

The Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we are not responsible or liable for any damage or loss caused by your use of any such third-party content, goods, or services.

7. Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED [one hundred dollars (USD $100)]. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (d) any Submission you provide through the Services.

10. Termination

We may suspend or terminate your access to all or part of the Services, at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including without limitation Sections 4, 5, 7, 8, 9, 12, and 13) shall survive.

11. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict-of-laws principles.

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through [binding arbitration administered by [Arbitration Provider] / the state and federal courts located in [County, State]], and you waive any right to a jury trial or to participate in a class action, to the fullest extent permitted by law.

This section is general boilerplate. Arbitration clauses and class-action waivers are subject to specific legal requirements and enforceability standards that vary by jurisdiction; please have this section reviewed and tailored by an attorney before relying on it.

12. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.
Force Majeure: We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.

13. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose information about you. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

14. No Professional Advice

Any content provided through the Services is for general informational purposes only and does not constitute professional, legal, financial, medical, or other advice. You should not rely on the Content as a substitute for advice from a qualified professional.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will update the “Last Updated” date above and, where appropriate, provide additional notice (such as posting a notice on the Site). Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

16. Contact Us

If you have any questions about these Terms, please contact us at:

Company: Industrial Hydraulic and Machine

Email: ihmllc19@gmail.com

Mailing Address: 785 N 9th Ave Brighton, CO 80603