Haynes Online Products - End User License Agreement
1. Introduction.
Thank you for visiting this page, containing the Terms of Use for our Haynes® online manuals, TECHBOOK® manuals, videos, and other online products. We refer to these collectively as our “Online Products.” We welcome you to subscribe to one or more of our Online Products for your personal, non-commercial use only. These Terms of Use govern your use of Online Products you subscribe to.
2. Subscribing Means You Agree to These Terms.
Content and information in the Online Products may be used only according to these Terms of Use. BY CHOOSING "I AGREE TO THE TERMS OF USE" OR SUBSCRIBING TO AN ONLINE PRODUCT, YOU AGREE TO THESE TERMS OF USE. PLEASE READ THE TERMS OF USE BEFORE SUBSCRIBING. These Terms of Use restrict what you are allowed to do, restrict your rights and remedies and provide protection to us. These also include warranty disclaimers and liability exclusions. If you don't agree or don't want to accept these Terms of Use, you can choose to not subscribe. If anything is in these Terms of Use, including warranty disclaimers and liability exclusions, that you disagree with or are not willing to be bound by, or if something is missing from these Terms of Use that you consider essential, then you must not subscribe to or access any of the Online Products.
3. Definitions
In these Terms of Use, the following terms have the following meanings:
“AI Assistant” has the meaning given in clause 18.
"Content" means any data, computer and information services and software, and other content and documentation and updates included in and/or supplied by or through our Online Products or in any other way by us.
"Intellectual Property Rights" means patents, rights to inventions, copyright and neighboring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"Online Manual" means any Content that we supply to you in the form of a manual in electronic format.
"Online Products" means any products or services supplied to you by us in digital or electronic format or through our Websites, including but not limited to Online Manuals and Online Services.
"Online Service" means any service hosted by us through which you are able to access Content, including but not limited to Haynes DIY.
"Terms of Use" means these terms and conditions.
“Usage Data” means anonymised content and/or data associated with Your access and use of the Online Service, Online Products and Content including, without limitation: Your search history; Your usage behavioural patterns and Your feedback in respect of the Online Service.
"Website" means any website hosted by us, including but not limited to https://us.haynes.com/.
4. Parties to These Terms of Use.
In these Terms of Use, the word "you" refers to you, the individual who buys a subscription to our online product. "We" or "us" or "our" refers to Haynes North America, Inc.
5. We Require Compliance With These Terms.
You must use the Online Product only according to these Terms of Use.
6. Copyright
The content of all Online Products is owned by or licensed to us and is protected by United States and international copyright laws. This includes all text, images, diagrams, artwork, and all other aspects, elements and content of the Online Product. The Online Products may not be copied, reproduced, transmitted, displayed, distributed, or re-presented in any form or by any means, whether print, electronic, mechanical, photocopy, recording, or otherwise, without prior written consent from us.
7. License
After you properly subscribe and pay the subscription fee, we grant you a limited, non-exclusive, non-transferable license to personally access, only through this website (https://us.haynes.com/), the particular Online Products you subscribed to, according to these Terms of Use. You agree to not use them in any way, and not do anything, that violates any of these Terms of Use. You agree to indemnify, defend and hold harmless us and our affiliated entities from and against any claim, damage, loss, liability, cost, and expense, including attorneys' fees, resulting from your use or misuse of the Online Products and from your violation of these Terms of Use.
8. Restrictions
There are restrictions on the license, as follows:
a. In granting the license, we rely on you providing complete and accurate information that we request in the subscription process. If the information you provided is, in some way, not complete or not accurate, then at our option we can declare at any time, retroactively or at that time, the license was not or is no longer granted, and although our system may permit you to access the Online Products you sought to subscribe to, your use of the content was not or is no longer with our authorization and was or is thereafter in violation of our rights.
b. The license is personal to you, for your sole personal and individual use. You must not let someone else use the license rights we grant you. You must not share your login identification or password with anyone, and must not let someone else use your login identification or password to access any of the Online Products.
c. The license is only for non-commercial use. Use of any Online Product to provide services in commerce to any other person or entity is not granted by this license.
d. The license does not allow copying, downloading, screen-printing, photographing, republishing, broadcasting, uploading, posting, transmitting, video or audio recording or in any other way reproducing or disseminating any content in the Online Products and does not allow you to make content from the Online Products available to anyone else. You may print only for your own reference, during your work on your project, a particular procedural section that you need for the project you are doing.
e. We reserve the right to program our system in a way that limits how much of our Online Product you can print or download during specific periods of time. Note that our licensors may withhold our right to provide ongoing access to parts of the Online Product in which case the license shall be varied accordingly to remove your rights with respect to the applicable withdrawn parts.
f. The license does not let you provide someone else with remote access, file-share, display, link, frame or mirror in another web site, server or other location, or in any form of electronic communication, or in any other way give, provide, rent, lease or sell anyone else access to any of the Online Products.
g. You represent and warrant that you reside in the United States of America or its territories Guam, Puerto Rico and the U.S. Virgin Islands (the “Territory”) and will only use the Online Product in the Territory. The license does not let you export or make use of any Online Product outside the of the Territory. Some products may be subject to export controls under U.S. law and may not be downloaded to or exported or re-exported to or accessed from or by: (a) a country to which the United States or a U.S. department or agency placed an embargo or embargo on providing or receiving such information; or (b) a person designated or restricted by the U.S. Treasury Department, U.S. Commerce Department or other U.S. department or agency from accessing or receiving such information. You represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
h. You must not access or use the Online Product in any way that violates any law or regulation or for any unlawful purpose.
i. You must not modify, translate or create any derivative work from or based on any of the Online Product and you must not try to do any of these.
j. You must not delete or change any copyright, trademark or other proprietary notice or any content in any Online Product and you must not try to do any of these.
k. You must not take any action that may compromise security of our site, make the site inaccessible to others or more difficult for others to access, or slower to others, or damage the site or its content (including, without limitation, entering prompts in volumes that are likely to prejudice the integrity and functionality of our site and/or the AI Assistant). You must not add to, subtract from, or otherwise modify the content in an Online Product or try to access any content that is not intended for you.
l. The restrictions and limitations stated above are examples, but are not all the restrictions and limitations. The license does not allow you to do anything that is outside the scope of the license.
9. Subscription Periods and Billing
a. The license is conditioned on you paying the license fees we charge, and any taxes and other charges, in full, on time, in accordance with the applicable Subscription Period and billing terms set out in this clause 9 and that you comply with all terms of these Terms of Use.
b. Subscriptions to the Online Products are available for the following fixed terms: one (1) year, two (2) years or three (3) years (each a “Subscription Period”). The applicable Subscription Period will be confirmed at the time of purchase.
c. Unless you cancel your subscription before the end of the then-current Subscription Period with a minimum of 30 days’ written notice, your subscription will automatically renew for a further Subscription Period of equal length at the then-current subscription price. We will notify you of the upcoming renewal and the applicable fee in advance of the renewal date by email to the address associated with your account. You are responsible for ensuring your payment and contact details remain current. If we are unable to collect payment on renewal, we reserve the right to suspend or terminate your access in accordance with these Terms of Use.
d. The subscription fee for the full applicable Subscription Period is payable either in full and in advance at the point of purchase or in 12-monthly instalments at your election (“Subscription Fee”). All applicable taxes and charges are payable in addition to the Subscription Fee as notified at checkout.
d. Each subscription provides access to content relating to a single nominated vehicle only, as specified by you at the time of purchase. The nominated vehicle may not be changed during the Subscription Period without our prior consent.
10. Changes to These Terms
We can make changes to these terms at any time. Changes could make these Terms of Use more favorable to us and less favorable to you. Changes take effect on posting to this site. The most current version of these Terms of Use can be reviewed here: https://us.haynes.com/pages/terms-conditions. By accessing and using an Online Product after the effective date of any change, you accept the Terms of Use as modified.
11. Changes to the Online Products
We can make changes to content or any other aspects of the Online Products at any time.
12. Responsibility for Your Equipment Used to Access the Manual(s)
You bear sole responsibility to obtain, maintain and operate all equipment and software you need or use to access our Online Product. You must disable any function or feature that performs any action that would cause a violation of these Terms of Use.
13. Responsibility for Login Identification and Password
You are solely responsible for maintaining the secrecy of your login identifier and password. You agree not to disclose or share your login identifier and password with any third party.
14. WARRANTY DISCLAIMER
ONLINE PRODUCTS ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING CONTENT, OR ANY OTHER ASPECT OF AN ONLINE PRODUCT, OR ACCESSIBILITY THROUGH OUR WEBSITE. AS EXAMPLES, WE DO NOT WARRANT THAT YOU'LL BE ABLE TO UNDERSTAND THE CONTENTS OF AN ONLINE PRODUCT, OR ACCESS OUR WEBSITE OR ANY ONLINE PRODUCT THROUGH YOUR PARTICULAR COMPUTER OR DEVICE, OR THAT ACCESS WILL BE AVAILABLE ALL TIMES, OR THAT THE SAME WILL BE FREE FROM INTERRUPTION OR OTHER DISRUPTION, OR THAT INFORMATION WILL BE COMPLETE, UP TO DATE OR FREE FROM TECHNICAL INACCURACIES OR TYPOGRAPHIC ERRORS OR OPTIMIZED FOR YOUR DEVICE. THESE ARE ONLY EXAMPLES. YOU MAY ALSO EXPERIENCE OTHER PROBLEMS NOT LISTED HERE. NOTHING IN THIS CLAUSE EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD, FOR WILFUL MISCONDUCT, OR FOR ANY OTHER LIABILITY THAT CANNOT BE EXLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING PURSUANT TO SECTION 1668 OF THE CALIFORNIA CIVIL CODE.
15. USAGE LIMITATION
THE CONTENT IN OUR ONLINE PRODUCTS, INCLUDING ANY AI-GENERATED CONTENT PROVIDED BY THE AI ASSISTANT FEATURE, IS NOT INTENDED TO REPLACE CONSULTATION FROM A QUALIFIED PROFESSIONAL MECHANIC. SOME TASKS SHOULD BE PERFORMED ONLY BY A QUALIFIED PROFESSIONAL MECHANIC. NO VEHICLE REPAIR SHOULD BE ATTEMPTED BEFORE YOU DEVELOP A THOROUGH KNOWLEDGE OF THE MECHANICS, PROCEDURES AND EQUIPMENT INVOLVED IN THE REPAIR, AND THE RISKS INVOLVED. AI-GENERATED CONTENT IS SUPPLEMENTARY AND EXPLANATORY ONLY. YOU MUST ALWAYS VERIFY AI-GENERATED CONTENT AGAINST THE MANUFACTURER OR ORIGINAL EQUIPMENT DATA DISPLAYED IN THE PRODUCT BEFORE UNDERTAKING ANY REPAIR TASK, AND WHERE ANY DOUBT EXISTS AS TO THE SAFETY OR CORRECTNESS OF A REPAIR, YOU MUST CONSULT A QUALIFIED PROFESSIONAL MECHANIC BEFORE PROCEEDING. AI-GENERATED CONTENT MUST NEVER BE USED AS THE PRIMARY OR SOLE BASIS FOR ANY REPAIR TASK THAT COULD AFFECT VEHICLE SAFETY.
16. YOUR ASSUMPTION OF RISKS
BY UNDERTAKING TO REPAIR OR DO OTHER WORK ON A VEHICLE OR COMPONENT, YOU ASSUME ALL RISKS OF ACCIDENTS, INJURIES OR DAMAGES TO YOURSELF, YOUR VEHICLE, COMPONENT, AND ANY OTHER PERSONS AND PROPERTY WHILE PREPARING TO DO OR WHILE DOING REPAIR OR WORK, DURING BREAKS IN DOING REPAIR OR WORK, AND AFTER REPAIR OR WORK IS DONE, INCLUDING BUT NOT LIMITED TO RISKS ASSOCIATED WITH UNSTABLE, FALLING OR DISCONNECTED OBJECTS, SHARP POINTS AND SHARP EDGES, COMPRESSION INJURIES, FLYING OR PROJECTED OBJECTS, DANGEROUS LIQUIDS AND VAPORS, HEAT AND COLD, INCORRECT REPAIRS OR WORK, ALLERGIC AND OTHER REACTIONS, AND ALL OTHER DANGERS ASSOCIATED WITH MECHANICAL WORK. YOU ARE RESPONSIBLE FOR AND BEAR THE RISKS OF ACCIDENTS, INJURIES OR DAMAGES.
17. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE OR LOSS, OR INJURY TO OR DAMAGE TO OR LOSS OF USE OR REDUCED FUNCTION OF ANY VEHICLE, PART, PRODUCT OR DEVICE, OR LOST REVENUE, INCOME OR PROFIT, OR REDUCTION IN VALUE, ARISING FROM YOUR USE OF AN ONLINE PRODUCT, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR INJURY OR DAMAGE. WHERE PERMITTED BY LAW, YOUR SOLE REMEDY FOR BREACH OF THESE TERMS OF USE BY US THAT WE FAIL TO CURE AFTER REASONABLE NOTICE FROM YOU AND THE OPPORTUNITY TO CURE SHALL BE YOUR TERMINATION OF YOUR SUBSCRIPTION AND REFUND OF THE UNEARNED PORTION OF THE SUBSCRIPTION FEE YOU PAID. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOU USE THE ONLINE PRODUCTS FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE.
18. AI Assistant Feature
a. Certain Online Products may include access to an artificial intelligence assistant feature (“AI Assistant”). The AI Assistant is powered by a third-party large language model service and is designed to help you locate and interpret information within the Online Products by responding to natural language queries.
b. The AI Assistant operates as follows: (i) your natural language query is processed using artificial intelligence to identify the most relevant content within our database; (ii) relevant content from our database is retrieved and displayed to you; (iii) where additional explanation or clarification may assist you, the AI Assistant may generate supplementary content to accompany the retrieved content.
c. The AI Assistant is designed to distinguish clearly between: (i) content sourced directly from manufacturer or Original Equipment (OE) data (“OE Content”), which will be identified as such in the display: “Manufacturer documents — learn how from the source”; and (ii) content generated by the AI Assistant to provide supplementary explanation or clarification (“AI-Generated Content”). You should always refer to the OE Content as the primary and authoritative source. AI-Generated Content is supplementary only and is provided for general guidance purposes.
d. The AI Assistant operates on a fully automated basis. AI-Generated Content is not subject to human review or editorial oversight before being displayed to you. We do not warrant the accuracy, completeness, or fitness for purpose of any AI-Generated Content.
e. The AI Assistant is powered by a third-party AI service provider. The availability and performance of the AI Assistant is therefore subject to the availability of that third-party service. We reserve the right to change the underlying AI service provider at any time without notice to you, provided that we will endeavour to maintain equivalent functionality.
f. You may only use the AI Assistant for lawful purposes. You may not use the AI Assistant:
(i) in any way that breaches any applicable local, national, or international law or regulation.
(ii) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
(iii) for the purpose of harming or attempting to harm minors in any way.
(iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
(v) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
(vi) to engage in or promote illegal activities: This includes using the AI Assistant to facilitate or participate in any activity that violates the law, such as drug trafficking, fraud, or violence.
(vii) to harm or exploit others: Using the AI Assistant to harm, exploit, or abuse individuals or groups, including children, is strictly prohibited.
(viii) to spreading misinformation or disinformation: Intentionally disseminating false or misleading information with the intent to deceive or manipulate others is not permitted. - Reverse engineering or hacking: Trying to reverse engineer the AI Assistant’s code or hack into its systems is strictly forbidden.
(ix) for commercial use without authorisation: Using the AI Assistant for commercial purposes without the express permission of the AI Assistant’s owner is prohibited.
(x) to infringe intellectual property rights: Using the AI Assistant to infringe on the copyrights, trademarks, or other intellectual property rights of others is not allowed.
(xi) to interfering with the AI Assistant’s functionality.
g. AI-GENERATED CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND GUIDANCE PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR MANUFACTURER DATA, PROFESSIONAL MECHANICAL ADVICE, OR YOUR OWN INDEPENDENT JUDGMENT. AI-GENERATED CONTENT MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES, INCLUDING TECHNICAL INACCURACIES AND HALLUCINATIONS (MEANING PLAUSIBLE-SOUNDING BY FACTUALLY INCORRECT OUTPUTS). YOU MUST NOT RELY SOLELY ON AI-GENERATED CONTENT, WHETHER IN WHOLE OR IN PART, AS THE PRIMARY OR DETERMINATIVE BASIS WHEN UNDERTAKING ANY VEHICLE REPAIR OR MAINTENANCE TASK. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR FITNESS FOR PURPOSE OF ANY AI-GENERATED CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED ENTITIES SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, INJURY, OR EXPENSE OF ANY KIND ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS. THIS DISCLAIMER IS IN ADDITION TO, AND DOES NOT LIMIT, THE WARRANTY DISCLAIMER AT CLAUSE 14 AND THE LIMITATION OF LIABILITY AT CLAUSE 17 OF THESE TERMS OF USE.
19. Indemnity
You agree to indemnify, defend and hold harmless us and our affiliated entities and their respective directors, officers, employees, and agents from and against all losses, claims, damages and expenses, including reasonable attorney’s fees and costs, arising out of your infringement or misuse of the Online Products and any other act or omission by you that breaches these Terms of Use.
20. Grounds for us to terminate Your Subscription
a. We can end our offering of subscriptions and elect to terminate the rest of your subscription and access at any time. If we terminate your subscription and access before the term ends, and you were always in full compliance with these Terms of Use through the time of termination, then we will refund the remaining, unearned portion of the subscription fee you paid us.
b. We can terminate your subscription and access for any of the following reasons and if we terminate for any of these reasons, you will not be entitled to any refund:
(i) You do or try to do or permit to be done, any act, or you omit to take action, that breaches these Terms of Use;
(ii) You make any use or dissemination of any Online Products which is not permitted by these Terms of Use;
(iii) You fail to pay for a service you subscribed to, or fail to pay any amount when due to us; or your payment to us is dishonored, or any discrepancy interferes with our receipt or collection of your payment;
(iv) We detect or learn that someone else is using your login identification or password to access an Online Product;
(v) We are alerted or become suspicious that there is possibly impropriety in your use of or access to any of our Online Products or in payment to us or other impropriety related to your relationship with us, even if the alert or our suspicion turns out to be incorrect;
(vi) We determine or suspect you are involved in infringing activity, also including alleged act of first-time or repeat or contributory infringement, regardless of whether the material or activity is or is not ultimately determined to be infringing and regardless of whether our suspicion is incorrect; or
(vii) We are alerted to or determine that you are located outside the Territory and that you have breached the warranties at clause 8(g).
c. If we end your subscription due to any of the reasons outlined in these Terms of Use, you shall (i) immediately cease to use the Online Products and Content; and (ii) within 30 days of us ending your subscription, destroy all Content relating to the terminated subscription in any media which is in your possession or control.
21. Grounds For Temporary Suspension
We may have to suspend the supply of an Online Product to: (i) deal with technical problems or make minor technical changes; or (ii) update Content and/or Online Products to reflect changes in relevant laws and regulatory requirements. We will contact you in advance to tell you we will be suspending supply of an Online Product, unless the problem is urgent or an emergency.
22. No Refund
Termination under clause 19(b), or suspension under clause 20, or other action by us, does not entitle you to any refund for payments made to us.
23. No Notice
We do not have to give you notice that we have terminated or suspended your access or subscription. We may elect whether or not to give you notice. If you are unable to access an Online Manual, and you ask, then after we are able to internally verify having suspended or terminated your subscription and/or access, we may inform you in response to your inquiry.
24. Assignment
You may not assign rights or delegate duties under these Terms of Use without first obtaining prior written consent from us. Any attempted assignment without our prior written consent shall be void and shall be a breach entitling us to terminate your subscription and access. We are not obligated to consent. We may freely assign our rights without seeking your consent.
25. Solving a Dispute
Any claim or dispute between you and us will be submitted to final, binding arbitration before a single arbitrator according to the Commercial Rules of the American Arbitration Association. Arbitration shall be conducted in Camarillo, California. Arbitration shall be conducted on an individual, not a class-wide, basis. Only you (individually) and we (and if applicable, our affiliated individual personnel and entities) may be the parties to any arbitration described in this clause, and no such arbitration shall be consolidated with any other arbitration. The arbitrator shall have no authority to amend or modify these Terms of Use. Judgment on the award may be entered in any court having jurisdiction. This provision for arbitration shall not restrict a party from requesting provisional relief in court and a request for provisional relief shall be deemed not to be a waiver of arbitration. The prevailing party in any arbitration shall be entitled to recover reasonable attorney’s fees and other costs and expenses incurred in the arbitration and any related action or proceeding.
26. Data Protection
a. Your use of the Online Products involves the collection and processing of personal data. Our Privacy Policy, available at https://us.haynes.com/pages/privacy-policy (“Privacy Policy”) explains what personal data we collect, how we use it, the legal bases on which we process it, how long we retain it, and your rights in relation to it. By using the Online Products you confirm that you have read and understood our Privacy Policy. In the event of any conflict between these Terms of Use and the Privacy Policy in relation to the processing of personal data, the Privacy Policy shall prevail.
b. When you register for the Online Products, we collect personal data including your email address and, where applicable, payment information. This data is processed for the purposes of providing and managing your subscription. We do not sell your personal data to third parties.
c. Where you interact with the AI Assistant, your queries and the AI Assistant’s responses may be processed by our third-party AI service provider (currently Microsoft Azure OpenAI Service) in accordance with that provider’s data processing terms. Please refer to our Privacy Policy for further details on how AI interaction data is handled.
d. California Residents. If you are a resident of California, you may have additional rights in relation to your personal data under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). These rights, and how to exercise them, are set out in our Privacy Policy. We do not sell or share your personal information for cross-context behavioural advertising purposes.
27. Usage Data
You hereby grant Us a a perpetual and irrevocable, worldwide, royalty-free, sub-licensable right and licence to use, process, store, display, reproduce and aggregate the Usage Data for the sole purposes of:
i. processing and improving Our data processes, purchase orders and the provision of the Online Service;
ii. communicating with You in respect of your purchase orders, the Online Service, product development and marketing offers;
iii. updating Your records and establishing and maintaining your customer account;
iv. recommending products or services that may be of interest to You;
v. preventing or detecting misuse of the Online Service or Website;
vi. engaging third parties to provide technical, logistical or other services on Our behalf in relation to the Online Service.
28. Law and Forum
This site and our content are hosted from the State of California, USA. We are located in Camarillo, California. These Terms of Use will be interpreted and construed according to the laws of the State of California applicable to agreements entered into and to be performed entirely within California and thus excluding and without regard for conflict of laws provisions.
29. Waiver
Our failure or delay of enforcing any of these Terms of Use shall not be a waiver of our right later to enforce each and every term of these Terms of Use. Any waiver by us on any one or more occasions will not be construed to be a waiver of any succeeding or other breach.
30. Other Provisions
If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of remaining provisions. The underlined headings in these Terms of Use are only for convenience to make it easier and faster to locate particular terms. The headings are not to be used to interpret these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
31. Contacting Us
a. You may contact us by sending a message through https://us.haynes.com/pages/help-center, or writing to us at Haynes North America, Inc., 4820 Adohr Lane, Units D&E, Camarillo, CA 93012, whether to request written permission to make a use of a product outside the scope of these Terms of Use and for all other questions. If you have any concern about the site or these Terms of Use, please send an e-mail or write to us at the above address. We'll make a reasonable effort to address your concerns and try to remedy a problem you bring to our attention. We do not assure that we will be able to do so.
b. Nothing in these Terms of Use limits your consumer rights under applicable federal and state laws, including the Federal Trade Commission Act.