1. Acceptance of Terms
HOPPECKE Batteries, Inc. (“HOPPECKE”) makes this site available to you subject to
constitutes acceptance of those changes. You agree that at all times you shall keep
confidential, maintain and control all user names and passwords used to limit your access
to site, and that you are exclusively responsible for all activities that occur in connection
with such user names and passwords. You agree to immediately notify HOPPECKE of
any disclosure to, or use of, any such user names or passwords by any other individual.
HOPPECKE will not be liable for any loss or damage of any kind, under any legal
theory, caused by your failure to comply with the foregoing obligations.
database or directory without written permission from HOPPECKE is prohibited.
patent, copyright, trademark or other intellectual property or proprietary rights.
PERMITTED BY LAW.
any available defenses.
country in which you reside.
site or some or all of the services offered through it.
Any information including personal data (e.g., your name, address, telephone number, email
address) you transmit to this site will be used by us in accordance with this site’s
3. Site Content
You acknowledge and agree that all content of this site, such as articles, text, graphics,
images, links, and other material contained on this site, as well as any support materials
(e.g., newsletters and brochures) (collectively, “Content”) is protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.
You agree that as between you and HOPPECKE, HOPPECKE is the owner of all such
Content. You may not reproduce, distribute, republish or retransmit any Content or
materials posted at this site without the prior written permission of HOPPECKE. Except
as expressly authorized by HOPPECKE, you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt,
edit, or create derivative works from such materials or Content. Notwithstanding the
above, you may print or download one or more copies of any material posted on this
website for your commercial purposes, and one copy of any other Content on this site on
any single computer for your personal, non-commercial use, provided you keep intact all
copyright and other proprietary notices. Systematic retrieval of data or other Content
from this site to create or compile, directly or indirectly, a collection, compilation.
4. Third Party Sites/Information
This site may provide links to, or information gathered from, other sites on the Internet.
HOPPECKE makes no representations whatsoever about these sites or this information.
Other sites linked to this site may contain information or material that some people may
find inappropriate or offensive. The provision of links to, or information gathered from,
other sites on the Internet should not imply HOPPECKE’s endorsement of any such sites
or any association between HOPPECKE and these other sites’ operators. These sites are
not under the control of HOPPECKE, and you acknowledge that HOPPECKE, its
affiliates, and its licensors are not responsible for the accuracy, legality, decency,
copyright compliance, or any other content of, or gathered from, such sites. You also
acknowledge that HOPPECKE, its subsidiaries, its affiliates, and its licensors shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on the content, goods or services
available on or through any sites linked to this site, or your transmission of information,
including personal data, to third-parties through such other sites.
5. Submissions. You represent, warrant and covenant that your submissions to the site are
not confidential or proprietary, and you grant us the worldwide, royalty free, perpetual,
irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform and display
such submissions (in whole or in part), in any form, media, or technology now known or
later developed. You also represent, warrant and covenant that You will only submit
bona fide orders for products and services through the site. If You provide a trademark
(e.g., company logo) owned by you, your company, or your customer, to be used by
HOPPECKE in connection with the sale of products or services to You or Your customer
(including, without limitation, the creation of purchase orders), You also grant to
HOPPECKE a royalty-free, non-exclusive right and license to use such trademark in
connection with its activities associated with sales to You, subject to such reasonable
restrictions as you may require. The foregoing licenses do not affect your ownership of
the Submissions, unless we and you otherwise agree in writing. You represent and
warrant that you have all rights necessary to grant such licenses to us without
infringement or violation of any third party rights including, without limitation, any
6. Disclaimer of Warranties
The Content on this site is for informational purposes only. ALL CONTENT
INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THIS SITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR
YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
HOPPECKE, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT
THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT
THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR
USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS
SITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HOPPECKE, ITS AFFILIATES, OR ITS
LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL
DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF HOPPECKE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION,
ANY THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATERIAL RELATING TO
THE SITE. HOPPECKE, ITS AFFILIATES AND ITS LICENSORS SHALL ONLY BE
LIABLE TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT
TO EXCEED THE PURCHASE PRICE RECEIVED BY HOPPECKE FOR THE
PRODUCT GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
HOPPECKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES HOPPECKE’S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
8. Representations and Warranties
You represent, warrant and covenant that: (a) you have the power and authority to enter
You agree to indemnify and hold HOPPECKE and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including attorneys’ fees, made by any third party due that arise from your use
or misuse of this site, or breach of any warranty, covenant, representation or term
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with HOPPECKE in asserting
10. International Use
HOPPECKE makes no representation that materials or Content on this site are
appropriate or available for use in locations outside the United States, and accessing them
from territories where the Content or materials are illegal is prohibited. If you access this
site from locations outside of the United States you do so on your own initiative and you
are responsible for compliance with local laws. You agree to comply will all applicable
laws regarding the transmission of technical data exported from the United States or the
11. Copyright Policy
HOPPECKE respects the intellectual property rights of others and expect visitors to this
site to do the same. HOPPECKE will respond to notices of alleged copyright
infringement that comply with applicable law and are properly provided to us. If you
believe that your content has been copied in a way that constitutes copyright
infringement, please provide contact details to HOPPECKE using the information below
and provide the following: (i) a physical or electronic signature of the copyright owner or
a person authorized to act on their behalf; (ii) identification of the copyrighted work
claimed to have been infringed; (iii) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed or access to
which is to be disabled, and information reasonably sufficient to permit us to locate the
material; (iv) your contact information, including your address, telephone number, and an
email address; (v) a statement by you that you have a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its agent,
or the law; and (vi) a statement that the information in the notification is accurate, and,
under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
HOPPECKE reserves the right to remove content alleged to be infringing without prior
notice and at its sole discretion. HOPPECKE may also terminate a user’s account if the
user is determined to be a repeat infringer. HOPPECKE’s designated copyright agent for
notice of alleged copyright infringement appearing on the site is:
Hoppecke Batteries, Inc.
2 Berry Drive
Hainesport, NJ 08036
12. Modifications to Service
HOPPECKE reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, this site or some or all of the services offered
through this site, with or without notice. You agree that HOPPECKE shall not be liable
to your or to any third party for any modification, suspension or discontinuance of this
13. Choice of Law and Forum
the State of New Jersey, excluding its conflicts of law rules. You expressly agree that the
exclusive jurisdiction and venue for any claim or action arising out of or relating to these
located in the State of New Jersey, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such claim or action.
14. Severability and Integration
This agreement, and HOPPECKE’s Standard Terms of Sale, constitute the entire
agreement between you and HOPPECKE with respect to this site and the purchase of
products through this site, and supersedes all prior or contemporaneous communications
and proposals, whether oral, written, or electronic, between you and HOPPECKE with
of Sale is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of
the parties, and the remaining portions shall remain in full force and effect.
no reason at all, HOPPECKE may, in its sole discretion, terminate your access to all or
part of this site including, without limitation, your account, with or without notice.
16. Contact Information.
If have any questions or should you need any additional information about issues relating
to this website and/or technical manual, please contact: