Among other things, this site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the Hardee Girl, Inc. Services contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern.
Hardee Girl, Inc. shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the site. Such revisions and additions shall be effective immediately upon the posting of the revised or additional terms and conditions on the site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Hardee Girl, Inc. to these Terms. Any access or use of the site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions. No modification to these Terms by any party other than Hardee Girl, Inc. shall be valid or enforceable against Hardee Girl, Inc. unless expressly agreed to by Hardee Girl, Inc. in writing and signed by a duly authorized officer of Hardee Girl, Inc.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the site and your purchase of products or services through them. You must be at least 18 years old to use the site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Hardee Girl, Inc. on or through the site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. Hardee Girl, Inc. may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Hardee Girl, Inc. in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Hardee Girl, Inc. or by third parties that have licensed their use to Hardee Girl, Inc. You may view and use the Content only for your personal information and for shopping and ordering on or through the Hardee Girl, Inc. Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Hardee Girl, Inc. does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Hardee Girl, Inc. Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Hardee Girl, Inc., is strictly prohibited.
Links to other Internet sites operated by third parties, including Hardee Girl, Inc. vendors, do not constitute sponsorship, endorsement, or approval by Hardee Girl, Inc. of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Hardee Girl, Inc., and Hardee Girl, Inc. is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Disclaimer and Limitation of Liability as to KimGravel.com Site and Content
Hardee Girl, Inc. makes no warranties or representations whatsoever with respect to the Site or any linked site or its content, including the availability of any site or the content, information, and materials on it or the accuracy, completeness, or timeliness of that content, information, and material. Hardee Girl, Inc., also does not warrant or represent that your access to or use of the Site or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on or through the Site, is provided to users “As Is,” with no warranty of any kind, either express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as Is” condition of content is expressly made a condition of any transaction arising through or as a result of the Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall Hardee Girl, Inc., its suppliers, or their respective directors, officers, employees, or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the Site or any linked site or its contents, including without limitation lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Hardee Girl, Inc., is expressly advised to the possibility of such damages.
Disclaimer and Limitation of Liability as to Products and Services
Hardee Girl, Inc., makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, Hardee Girl, Inc. expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold through the Site, including without limitation implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall Hardee Girl, Inc., its suppliers, or their respective directors, officers, employees, or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including without limitation lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided through the Site, even if Hardee Girl, Inc., is expressly advised of the possibility of such damages in no event shall Hardee Girl, Inc.’s liability exceed the price you paid for the product or service that is the subject of the claim.
You agree to defend, indemnify, and hold harmless Hardee Girl, Inc., Hardee Girl, Inc.’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to any breach by you of these Terms or your access to or use of the Hardee Girl, Inc. Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Hardee Girl, Inc. Services or any product or service provided to you arising out of or relating to your use of the Hardee Girl, Inc. Services.
Except as otherwise expressly provided herein or in Hardee Girl, Inc.’s separately posted Privacy Statement, any communication or material you transmit to Hardee Girl, Inc. through the Hardee Girl, Inc. Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary and may be used by Hardee Girl, Inc., Hardee Girl, Inc. vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, Hardee Girl, Inc., Hardee Girl, Inc. vendors, and their affiliates and related entities are free to use any Submissions contained in any communication you send to Hardee Girl, Inc. through the Hardee Girl, Inc. Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such Submissions. Hardee Girl, Inc. has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Hardee Girl, Inc. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Hardee Girl, Inc. shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Site shall not be construed as Hardee Girl, Inc.’s purposeful advantage of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Georgia. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflicts of law provisions. Additionally, any claims brought against Hardee Girl, Inc. shall be governed by and construed in accordance with the laws of the State of Georgia. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Hardee Girl, Inc. Services, or any orders placed or products or services purchased through any of them, shall be in the state or federal courts located in Georgia.
Effective Date: 8/11/2016