WEBSITE LEGAL NOTICES
Important Please Read
Copyright © 2007 Holland & Company, Inc.
All Rights Reserved Worldwide.
Commitment to Privacy
Holland & Company, Inc. ("Holland & Company") respects your privacy, and wants you to understand the ways in which Holland & Company does and does not use the information that you transmit when you visit this Website. This statement discloses Holland & Company’s privacy practices. The information gathered by Holland & Company falls into two categories: (1) information supplied by visitors to this Website, and (2) tracking information gathered as visitors navigate through the Website.
Voluntary Participation
Any registration or other information you provide on this Website to Holland & Company is entirely voluntary; visitors to this Website who do not wish to supply the information necessary to use the features requiring registration information remain free to take advantage of the other content available on the Website.
Security
Holland & Company will make commercially reasonable efforts under the circumstances to keep secure the data you provide, such as using a secure server, in an effort to protect your personally identifiable information from loss, misuse, or alteration. Holland & Company’s agents or hosting contractors who have access to your personally identifiable information in connection with providing services for Holland & Company are required to keep the information confidential, and are not permitted to use this information for any other purpose than to carry out the services they are performing for us. Although Holland & Company will take commercially reasonable measures to try to prevent the loss, misuse, or alteration of your information, you understand and agree that Holland & Company cannot and does not guarantee that such occurrences will not happen; you understand and assume that risk. Holland & Company has no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties.
Cookies
To help Holland & Company tailor its Website to the needs and interests of visitors, we keep track of the pages you visit by placing a small entry in a text file, called a cookie, on your hard drive. The cookie contains an ID number that allows Holland & Company to track the pages you have visited. Holland & Company aggregates this data with data on the pages visited by other users to track overall visitor traffic patterns. We use this information to improve this Website by making it more responsive to user needs. Cookies do not reveal personal information; the only personal information a cookie can contain is information you supply. Cookies cannot read data off your hard disk.
Holland & Company’s web server automatically collects some information about you when you request pages from our server, including your IP address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the web pages you request) can be sent to you. This information does not identify you personally.
Uses of Your Personal Data; Circumstances Under Which We Release Your Information
We will release specific information about you to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Holland & Company sites, or a physical threat to you or others. Personal data collected on our website is used only for purposes of providing you with information on Holland & Company’s products. However, Holland & Company does not sell or otherwise transfer personal data collected on our website to any other parties for purposes of soliciting or marketing their products and services to you.
Transfer of Business Assets
Holland & Company may provide your personal identification information to our successor in the event of a merger with, acquisition of, or acquisition by or to a third party company that purchases Holland & Company’s assets in the event of our liquidation or cessation of business operations. Holland & Company will provide you with reasonable notice and the opportunity to opt-out prior to the disclosure.
Correcting & Updating Your Information
If you need to update or change any information, you may do so by sending written notice to this e-mail address:info@hollandandcompany.com
Acceptance of this Privacy Policy and any Changes
By using this Site, you accept Holland & Company’s Privacy Policy. If you do not agree, please do not use this Website. If we need to change our privacy policy at some point in the future, we'll post the changes before they take effect. Of course, our use of information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later. Your continued use of this Website following the posting of changes to these terms will mean that you accept those changes.
Additional Information
If you have questions or concerns regarding this Privacy Statement or the practices of this Website, you should first contact Holland & Company’s security administrator by email at info@hollandandcompany.com
Important Please Read
WELCOME
Holland & Company, Inc. ("Holland & Company") is the owner and operator of the website located at http://www.hollandandcompany.com ("Website"). The purpose of this Website is to provide visitors with information about Holland & Company and its various products, and as a method to determine locations where you may observe and purchase its products. It also provides an avenue to communicate with Holland & Company, and makes available opportunities to participate in certain activities offered through this Website. All of these are individually and collectively referred to as the "Services," which Holland & Company may change from time to time.
The Services are offered to you conditioned on your acceptance of the terms and conditions of use, in their entirety without modification, which are set out below ("Terms") and which apply to your use of this Website, the Services, and any other site that Holland & Company may own in the future. The Terms further incorporate by reference the Privacy Statement (defined below) and any subsequent modifications to these Terms and the Privacy Statement, which Holland & Company may make from time to time at its sole discretion. Your use of this Website will be subject to the most current version of the Terms posted on this Website at the time of such use.
These Terms are between you and Holland & Company for your use of the Services. The term "you" refers to you as an individual or a legal entity, as applicable. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind the company.
By logging on to this Website you certify that you are at least eighteen (18) years old and agree to be legally bound by these Terms.
If you do not agree to be bound by these terms, please exit this Website. Do not use this Website or any Services.
You agree that the act of logging on to this Website constitutes an "electronic signature" within the meaning of the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act.
Copyright & Proprietary Notations
This Website and its content are protected by United States and international copyright and other laws. You may print and download portions of the Holland & Company content solely in connection with your use of this Website or Services. In downloading materials from this Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any materials posted. Any other copying, redistribution, publication, or retransmission of any portion of this material is strictly prohibited without Holland & Company's express written consent.
Various products on this Website carry registered or other trademarked symbols and are the sole property of their registered owners. Holland & Company's failure to display the trademark symbols at every use does not invalidate their ownership status. Website users are responsible for labeling their own products, services, or other listings. Holland & Company has no obligation, assumes no risk or obligation, and expressly disclaims any liability for or associated with protection of your intellectual property rights.
Furniture and accessories manufactured by Holland & Company are copyright protected designs and no authority is granted to any party to use the images of any furniture or accessories appearing this Website for any purpose, other than consideration of purchasing goods from Holland & Company, without express written authority of Holland & Company to do so. Violation of this Holland & Company directive will result in the pursuit of all legal remedies.
Connection Requirements
You are responsible for providing and maintaining, at your own option and expense, all hardware, software and communication lines required to access and use this Website. Holland & Company reserves the right to change the configuration at any time and you are encouraged to review this Terms of Use Agreement regularly.
Links to Third Party Websites
Holland & Company does not endorse any sites on the Internet which may be linked through the Services. Holland & Company is providing these links to you, if any, only as a matter of convenience, and in no event will Holland & Company be responsible for any content, products, or other materials on or available from third-party sites. Linkage of the Website is prohibited without the prior notice and consent of Holland & Company. All requests to link to the Website must be directed to info@hollandandcompany.com
User Conduct
Holland & Company shall not be responsible for any unauthorized access to, or alteration of, your transmissions of data, for any material, information or data sent or received (regardless of whether the data is actually received by Holland & Company), for any transactions entered into through this Website, or for any failure by you to abide by these Terms.
Your Obligations
You agree to provide Holland & Company with accurate and truthful personal information about you, including but not limited to name, address, company name and e-mail address, sufficient for us to send you correspondence. Your personal information shall not be false, misleading, or fraudulent. You agree not to do any of the following while using this Website:
- upload, post, or otherwise transmit any data or content that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, trade secret, or privacy rights, or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- intentionally or unintentionally violate any applicable law or regulation.
- frame or link to this Website except as permitted in writing by Holland & Company (and provided above in these Terms).
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes," or any other form of solicitation.
- impersonate, falsely state, or otherwise misrepresent your affiliation with a person or entity; or harass or interfere with another user's use and enjoyment of the Services.
- access, tamper with, or use non-public areas of this Website or Holland & Company's computer systems, or interfere with or disrupt servers or networks connected to the Services or violate the regulations, policies or procedures of such networks. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution and their rights to use this Website and Services will be terminated immediately without notice.
- transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots.
- attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
- Reselling access, any content or any aspect of this Website without Holland & Company¹s prior written consent.
Proprietary Rights
While using the Services, you are permitted to store, manipulate, analyze, reformat, print, and display the content made available on this Website or through the Services only for your personal use. Unauthorized use, or resale or redistribution of the Services is expressly prohibited. You shall not copy, license, sell, transfer, make available, distribute, or assign your right to use the Services or the content to any third party. Except as may be otherwise granted herein, you have no right, title, or interest in or to the Website, the Services, or any content of Holland & Company or its licensors, including without limitation documentation, stories, articles, text, images, and other multimedia data, and all such right, title, and interest shall remain exclusively with Holland & Company and its licensors, as applicable. Holland & Company and/or other Holland & Company products and services referenced herein are either trademarks or registered trademarks of Holland & Company, a Georgia corporation. The names of other companies and products mentioned herein may be the trademarks of their respective owners. You shall not create Internet "links" to this Website or the Services or "frame" or "mirror" any content contained on, or accessible from, this Website or on any other server or Internet-based device.
Indemnity
You agree to indemnify, defend and hold Holland & Company and its subsidiaries, suppliers, licensors, contractors, and affiliates, and their officers, directors, agents and employees, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, made by any third party for any reason, including but not limited to those claims arising out of your: (i) use of this Website or Services; (ii) breach of these Terms or the documents incorporated by reference; and (iii) violation of any law or the rights of any third parties.
Disclaimer of Warranties and Liabilities Limitation
Holland & Company cannot be responsible for knowing all the applicable requirements of local, state, and federal law. Having such knowledge is fully your responsibility. If additional legal and compliance information is needed, it is your independent responsibility to locate and understand such information.
THIS WEBSITE AND THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF THIS WEBSITE OR THE SERVICES; WARRANTIES OF TITLE OR NONINFRINGEMENT; AND IMPLIED WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, AND QUIET ENJOYMENT.
You expressly agree that your use of the Services is at your sole and complete risk. In no event shall Holland & Company, its affiliates, officers, directors, employees, agents, suppliers, contractors, or licensors warrant that your use of this Website or the Services will be uninterrupted or error-free, or that you will have continuous, uninterrupted, accurate, or secure access to this Website or the Services.
This disclaimer applies to any damages or injury caused by any failure of performance, error, omission, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction, whether for breach of contract, tortious behavior, negligence or any other cause of action. Please note that some jurisdictions may not allow the exclusion of implied warranties or the disclaimers provided for here, so some of the above exclusions and disclaimers may not apply to you.
UNDER NO CIRCUMSTANCES SHALL HOLLAND & COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, LICENSORS, OR ANYONE ELSE ACTING THROUGH OR ON HOLLAND & COMPANY'S BEHALF INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY CLAIM, CAUSE OF ACTION, OR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT OR ARE ALLEGED TO HAVE RESULTED FROM THE USE OR MISUSE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE SERVICES, OR RESULT FROM ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, FAILURE OF COMMUNICATION OR PERFORMANCE, THEFT, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO HOLLAND & COMPANY'S RECORDS OR PROGRAMS, THIS WEBSITE, OR THE SERVICES, WHETHER OR NOT CAUSED BY ACTS OF GOD.
Notices
Holland & Company may give notice by means of a general notice on this Website. You may give notice to Holland & Company (such notice shall be deemed given when received by Holland & Company) at any time by any one of the following:
- letter sent by confirmed facsimile to Holland & Company at the following fax number: +1 404 266-9757;
- letter delivered by nationally recognized overnight delivery service or first class mail postage prepaid to Holland & Company at the following address: Holland & Company, Inc., 351 Peachtree Hills Road, Suite 328, Atlanta, Georgia 30305-4501; or
- to this e-mail address: info@hollandandcompany.com .
Copyright Complaints
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is President, Holland & Company, Inc., 351 Peachtree Hills Road, Suite 328, Atlanta, Georgia 30305-4501 or e-mail atinfo@hollandandcompany.com.
Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to the choice or conflicts of law provisions of any jurisdiction. Any claim arising from the use of this Website or the Services, or otherwise related to this Website and the Terms shall be settled by binding arbitration according to the American Arbitration Association rules for commercial arbitration. Any such claim shall not be consolidated with any claim of any other party. The arbitration will be conducted in Atlanta, Georgia, and judgment on the arbitration award may be entered into any court having jurisdiction.
General
These Terms of Use and the Holland & Company Privacy Policy set forth the entire agreement between us regarding this Website and Services and supersedes all previous representations, understandings, or terms. No joint venture, partnership, employment, or agency relationship exists between you and Holland & Company as a result of these Terms of Use or the Services. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, all remaining provisions shall continue in full force and effect, and such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision. The failure of Holland & Company to enforce any right or provision herein or to act with respect to a breach by you does not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches.
Questions or Additional Information
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to:info@hollandandcompany.com
