Hammer-Schlagen®:
Terms Of Use

The terms and conditions of this agreement ("TOU") are made by and between WRB, Inc., a corporation organized under the laws of the State Of Minnesota, whose registered address is 5865 Neal Ave. N., #113 / Stillwater, MN 55082 ("WRB") and any entity ("you" and "your") who accesses the data published on the Internet at (this "website"). By accessing this website, you warrant and represent that you: may legally enter into this TOU; hold this TOU as valid; and agree to be bound by this TOU and any modifications hereto. In the event that you do not agree with this TOU, as modified, your only recourse will be to stop accessing this website.

Your rights to use this website are in accordance with all of the terms and conditions of this TOU. Any rights not expressly granted herein are reserved by WRB.

Modification

WRB may, in and at its sole and absolute discretion, modify this TOU at any time, and you agree that you shall review this TOU from time to time to keep yourself abreast of any such changes. WRB will notify you about changes to this TOU by updating the following effective date on this page: this TOU was last modified and is effective as of 14 March 2019.

This Website

The information contained on this website is provided AS-IS, and without any expressed or implied warranty of any kind. WRB may change the content or functionality at anytime, and you must understand that it could contain inaccuracies or errors. WRB tries to keep this website running well, but do not warrant or guarantee its proper operation. You use this information and this website entirely at your own risk.

Intellectual Property Notice

Unless otherwise stated, this website is copyrighted by WRB with all rights reserved.

Elements of this website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by WRB. You recognize that our intellectual property (as published online at https://www.hammerschlagen.com/our_brand/) is valid, WRB is the owner of the rights thereof, and those rights are enforceable against you.

You acknowledge and agree that the advertising, offering, and selling of any thing on this website or by WRB does not constitute an offer or a grant of licensure to you in or to any intellectual property, whether owned by WRB or otherwise. You acknowledge and agree that the offering and granting of such licensure is completed only by way of an express statement of the intellectual property owner to you.

You agree not to use any of WRB's intellectual property (including the reproduction or distribution of any copyrighted work and/or counterfeiting of any trademark and without regard to whether or not you realize any monetary gain) without first obtaining the express written consent of WRB. You acknowledge that a trademark owner victimized by the willful counterfeiting of their trademark may be awarded up to two million ($2,000,000) in statutory damages per unauthorized use. You further recognize that criminal copyright infringement may be investigated by the FBI and is punishable by up to five years in federal prison and a fine of one quarter million dollars ($250,000).

E-Commerce

WRB may advertise, offer, and sell goods and services (collectively, products) by way of this website. All sales are final and you have no right to cancel. You shall be liable for applicable shipping and taxes which shall be stated at the time you order any product. Where third-party delivery service providers are involved, WRB does not warrant or guarantee the quality of delivery. Upon delivery of a product, no returns will be accepted. WRB may, in and at its sole and absolute discretion, honor refunds but is in no way obligated to consider or do the same.

Except as otherwise expressly stated by WRB, WRB offers no warranty of any kind for any product you obtain via this website or WRB, including those of merchantability and fitness. You assume all liability arising from your ownership and use of any such product and release WRB of any and all liability relating to the same.

Limitation Of Liability

WRB is not, and will not be, liable for any damage or injury caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, or line failure, or any other events including, but not limited to, WRB's handling of any of your personal and/or identifiable information. WRB has no liability for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, this website and/or the information it contains or any information you submit hereto. You agree to indemnify and hold WRB harmless of any and all liability that may result from your use of this website and any and all information and/or thing obtained herefrom.

Privacy Policy

The privacy policy of this website shall be incorporated into this TOU.

Language

Headings used to define articles and sections herein are provided for convenience and reference only, and shall not be used to construe meaning or intent. Where appropriate, words signifying one gender shall include the others, and words signifying the singular shall include the plural and vice versa. All monies described herein are in legal tender of the United States of America.

Jurisdiction

This TOU and the relationship contemplated herein shall be governed by, and construes in accordance with, the internal laws of the State Of Minnesota without regard to its conflict or choice of law rules or provisions. Any dispute arising under or in relation hereto shall be resolved exclusively through a court having jurisdiction of the same, and the parties hereof each individually accept themselves and in connection with their respective properties, unconditionally, the exclusive jurisdiction of the same in any action, suit, or proceeding of any kind against it which arises our of or by reason hereof.

Severability

Should any portion of this TOU be deemed unlawful, void, invalid, or unenforceable by any court of competent jurisdiction, then this instrument as a whole shall not be deemed unlawful, void, invalid, or unenforceable, but only that portion which is found to be unlawful, void, invalid, or unenforceable shall be stricken and replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision with all other terms remaining in full force and effect as if such unlawful, void, invalid, or unenforceable term had never been included.

Successors & Assigns

This TOU shall be binding upon the successors and assigns of the parties hereto, and shall accrue to the benefit and be enforceable by such a party’s successors, legal representatives, and assigns.