TERMS OF USE

Last Reviewed: October 26, 2022

HPE Design LLC. (“Hennessey”) operates this website (“Site”) that links to these Terms of Use to provide online access to information about Hennessey and the products, services, and opportunities we provide.

By accessing and using the Site, you agree to these Terms of Use.

Hennessey reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

Permitted Use of The Site

You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Hennessey products and services, and solely in compliance with these Terms of Use. 

Prohibited Use of The Site

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Hennessey servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
  • Use the Site in a manner that damages, disables, overburdens, or impairs any Hennessey website or interferes with any other party’s use and enjoyment of the Site;
  • Mirror or frame the Site or any part of it on any other web site or web page. 
  • Attempt to gain unauthorized access to the Site;
  • Access the Site by any means other than through the interface that is provided by Hennessey for use in accessing the Site;
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws. 

Copyrights and Trademarks

The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Hennessey or its licensors (if any). Hennessey owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Hennessey, the Hennessey Script logo, the Hennessey ‘H’ logo, and other marks used by Hennessey from time to time are trademarks and the property of Hennessey. The appearance, layout, color scheme, and design of the HennesseyMedia.com site are protected trade dress. Customer does not receive any right or license to use the foregoing. Hennessey may use and incorporate into the Site any suggestions or other feedback you provide, without payment or condition. 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site should be sent to Hennessey’s designated Copyright Agent. Submit to privacy@hennesseyperformance.com.

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Hennessey of the third party, the third-party web site, or the information there. Hennessey is not responsible for the availability of any such web sites. Hennessey is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Hennessey affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites. 

Downloading Files

Hennessey cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. 

Disclaimers; Limitations of Liability

HENNESSEY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HENNESSEY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HENNESSEY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HENNESSEY AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BY LIABLE FOR ANY DIRECY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF HENNESSEY OR ANY OF HENNESSEY’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HENNESSEY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF HENNESSEY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Hennessey, affiliated companies, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use. 

Privacy

Your use of the Site is subjected to Hennessey’s Privacy Policy, available here.

General Provisions

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Hennessey of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 
  2. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Hennessey therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Hennessey does not, however, guarantee that any errors, inaccuracies or omissions will be corrected. 
  3. Enforcement/Choice of Law/Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Hennessey’s Privacy Policy, your use of the Site, and other Hennessey web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Austin, Texas in the event of any dispute of any kind arising from or relating to these Terms of Use, Hennessey’s Privacy Policy, your use of the Site, any other Hennessey web site or the Content

Last Revised: October 26, 2022

Copyright 2022 Hennessey. All rights reserved

HENNESSEY MEDIA

FOR MEDIA USE ONLY

Download the latest product images provided by Hennessey. Our media assets contain image downloads for use by news media in connection with a story or article about Hennessey Performance. By downloading any content appearing in the media assets, you understand and hereby agree and represent that: (1) you are a member of the news media; (2) use of the content is in connection with a story or an article appearing in newspapers, periodicals, digital publications or television; (3) all images and rights thereto remain the property of Hennessey Performance; and (4) use of the image is not for publication covers, advertising, promotion or otherwise for commercial purposes. Furthermore, use of any and all images and content appearing on this page must include the notice “Courtesy of Hennessey Performance.” Use of materials copied from this website is at your own risk. You must obtain prior written consent from Hennessey Performance or its affiliate(s) for uses that exceed the above parameters. 

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Copyright since 1991 – Hennessey LLC