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STANDARD TERMS AND CONDITIONS FOR USE OF THIS WEBSITE

H. BARBER & SONS, INC.

WEBSITE TERMS AND CONDITIONS OF USE

Effective Date: February 14, 2026

Last Updated: February 14, 2026

1. Acceptance of Terms

These Website Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and H. Barber & Sons, Inc. (“H. Barber,” “we,” “us,” or “our”), a Connecticut corporation located at 15 Raytkwich Road, Naugatuck, Connecticut 06484.

By accessing or using hbarber.com or any subdomain thereof, including any online tools, calculators, assessments, forms, blog content, or other resources available on or linked from our websites (collectively, the “Sites”), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately discontinue use of the Sites.

We reserve the right to update or modify these Terms at any time without prior notice. The most current version will always be posted on our Sites with the updated date. Your continued use of the Sites following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

2. About H. Barber & Sons

H. Barber & Sons, Inc. is a manufacturer of beach and turf cleaning equipment, headquartered in Naugatuck, Connecticut, USA. We have been designing and manufacturing beach cleaning machinery since 1966. Our products are distributed through authorized dealers and factory-direct sales in over 90 countries worldwide.

All product sales, whether through authorized dealers or factory-direct, are governed by separate sales agreements and terms of sale. These Website Terms govern your use of our Sites only and do not constitute a contract for the purchase or sale of any equipment.

3. Intellectual Property Rights

3.1 Ownership

All content on the Sites, including but not limited to text, graphics, logos, images, photographs, videos, audio clips, data compilations, software, tools, assessments, frameworks, and the overall design and layout of the Sites (collectively, “Content”), is the property of H. Barber & Sons, Inc. or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Trademarks

The following are registered trademarks of H. Barber & Sons, Inc. in the United States and/or other jurisdictions:

  • SURF RAKE®
  • TURF RAKE®
  • ROAD RAKE®
  • LITTER PICKER®
  • SAND MAN 850®
  • H. BARBER & SONS®

All other trademarks, service marks, product names, and company names or logos appearing on the Sites are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of H. Barber & Sons or any third party.

Unauthorized use of any trademark owned by H. Barber & Sons, including in connection with any product or service that is not ours, or in any manner likely to cause confusion among customers, or in any manner that disparages or discredits H. Barber & Sons, is strictly prohibited.

3.3 Patents

H. Barber & Sons, Inc. holds patents relating to its beach cleaning equipment technology, including but not limited to the S-belt cleaning system incorporated in the SURF RAKE® product line. All patent rights are reserved. Nothing in these Terms or on the Sites grants any license to any patent held by H. Barber & Sons.

3.4 The CLEAN Standard Framework

The CLEAN Standard™ is a proprietary beach cleanup assessment framework developed by H. Barber & Sons, Inc. The CLEAN Standard framework, methodology, scoring system, diagnostic tools, associated content, and the name “CLEAN Standard” are the exclusive intellectual property of H. Barber & Sons, Inc. Unauthorized reproduction, distribution, adaptation, or commercial use of the CLEAN Standard framework or any of its components is strictly prohibited without prior written consent from H. Barber & Sons.

3.5 Limited License to Users

Subject to these Terms, H. Barber & Sons grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the Sites for your own personal, non-commercial, informational purposes
  • Download or print a single copy of individual pages or materials for personal, non-commercial reference

This license does not include the right to:

  • Modify, adapt, translate, or create derivative works from any Content
  • Reproduce, duplicate, copy, sell, resell, or exploit any Content for commercial purposes
  • Use automated means (including bots, scrapers, spiders, or crawlers) to access, copy, or monitor the Sites or any Content
  • Frame or mirror any portion of the Sites on any other website or server
  • Use any Content for competitive intelligence, benchmarking, or product development by any competing manufacturer or distributor of beach cleaning equipment

4. Prohibited Uses

You agree not to use the Sites or any Content for any of the following purposes:

  • Submitting false, misleading, or fraudulent information through any form or inquiry
  • Impersonating any person or entity, or falsely representing your affiliation with any person or entity
  • Using the Sites in any manner that could damage, disable, overburden, or impair our servers or networks
  • Attempting to gain unauthorized access to any portion of the Sites, any account, any computer system, or any network connected to the Sites
  • Collecting or harvesting any personally identifiable information from the Sites
  • Scraping, data mining, or extracting product information, specifications, pricing, or other proprietary content for use by any competitor, reseller, or third party without written consent
  • Using the Sites or Content in connection with any unlawful, harmful, or fraudulent purpose
  • Engaging in any conduct that restricts or inhibits any other person from using or enjoying the Sites

H. Barber & Sons reserves the right to terminate your access to the Sites immediately and without notice for any violation of these prohibited uses.

5. Online Tools and Diagnostic Assessments

5.1 Nature of Tools

H. Barber & Sons provides several online tools, calculators, and assessments on or linked from the Sites, including but not limited to the CLEAN Standard Scorecard, the Method Match Tool, the Beach Cleanup Efficiency Calculator, the Beach Cleanup Attention Budgeting Tool, the Beach Cleanup Adaptability & Resilience Tool, and any other diagnostic or assessment tools we may offer from time to time (collectively, “Tools”).

5.2 No Guarantee of Accuracy

The Tools are provided for general informational and educational purposes only. Results generated by the Tools are based on the information you input and on general industry benchmarks and assumptions built into the Tools’ logic. They do not account for all variables relevant to your specific beach, facility, organization, or operational context.

H. Barber & Sons makes no representation or warranty, express or implied, regarding the accuracy, completeness, reliability, or fitness for a particular purpose of any Tool output, recommendation, or result. Tool outputs should be treated as general guidance only and not as professional advice, engineering assessments, or operational recommendations.

5.3 No Liability for Decisions Based on Tool Results

You acknowledge and agree that:

  • Any decision to purchase, lease, or otherwise acquire beach cleaning equipment or to modify your beach cleanup program, whether based in whole or in part on Tool results, is made at your sole discretion and risk
  • H. Barber & Sons is not responsible for any losses, costs, damages, or adverse outcomes resulting from your reliance on Tool results or recommendations
  • Tool results do not constitute a binding commitment, proposal, or guarantee of product performance by H. Barber & Sons

If you require a specific equipment assessment for your beach, we recommend contacting our team directly at hbarber@hbarber.com or (203) 729-9000 for a personalized consultation.

5.4 Third-Party Tool Platforms

Some Tools are hosted on or delivered through third-party platforms (including ScoreApp and Replit) and embedded on the Sites via iframe or similar technology. H. Barber & Sons is not responsible for the availability, performance, or content of these third-party platforms. Use of third-party platforms is subject to their respective terms of service and privacy policies.

6. Product Information and Specifications

Product information, specifications, descriptions, photographs, and other details about H. Barber & Sons equipment appearing on the Sites are provided for general informational purposes only.

H. Barber & Sons reserves the right to modify product specifications, designs, features, and availability at any time without notice. Specifications published on the Sites may not reflect the most current product configuration. For current, accurate product specifications, please contact H. Barber & Sons directly or consult your authorized dealer.

H. Barber & Sons does not sell products directly through the Sites. All equipment purchases are conducted offline through authorized dealers or factory-direct sales agreements. Nothing on the Sites constitutes an offer to sell or a binding quotation for any product.

Prices, where referenced, are subject to change without notice and may vary by region, dealer, and applicable import duties or taxes. H. Barber & Sons does not publish retail pricing on the Sites.

7. Blog Content and Editorial Materials

H. Barber & Sons publishes informational blog posts, articles, case studies, testimonials, and other editorial content on the Sites. This content is provided for general informational and educational purposes.

Blog content and editorial materials represent the views and opinions of H. Barber & Sons and, where attributed, individual contributors. Content accuracy is maintained to the best of our ability; however, H. Barber & Sons makes no warranty that blog content is current, accurate, complete, or applicable to your specific situation.

7.1 Testimonials and User-Submitted Content

The Sites may feature testimonials, quotes, or video testimonials submitted by customers of H. Barber & Sons. By submitting a testimonial, quote, or video to H. Barber & Sons for use on the Sites, you grant H. Barber & Sons a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, publish, distribute, and display that content in any media, in connection with the promotion and marketing of H. Barber & Sons products and services.

Testimonials reflect the individual experiences of the contributors and may not represent typical results. H. Barber & Sons does not alter the substance of testimonials but reserves the right to edit for length, grammar, or clarity.

7.2 No Professional Advice

Nothing in any blog post, article, tool, or other content on the Sites constitutes professional engineering, environmental, legal, financial, or operational advice. You should consult qualified professionals before making decisions about beach cleanup equipment or program design.

8. No Online Sales or Transactions

H. Barber & Sons does not conduct product sales through the Sites. No portion of the Sites constitutes an e-commerce platform, and no purchase transactions are processed through the Sites. All product sales are conducted through separate offline agreements with authorized dealers or through direct factory sales.

Submitting a contact form or inquiry through the Sites does not create a binding purchase agreement, option to purchase, or any contractual obligation on the part of H. Barber & Sons.

9. Disclaimer of Warranties

THE SITES AND ALL CONTENT, TOOLS, MATERIALS, AND INFORMATION AVAILABLE ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H. BARBER & SONS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Sites will be uninterrupted, error-free, or free of viruses or other harmful components
  • Warranties regarding the accuracy, completeness, reliability, or timeliness of any content, tool output, or information on the Sites
  • Warranties that defects will be corrected

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions apply to the fullest extent permitted by law.

This disclaimer of warranties applies solely to the Sites and online content. It does not affect any separate product warranty provided in connection with the purchase of H. Barber & Sons equipment.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, H. BARBER & SONS, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, punitive, or exemplary damages
  • Loss of profits, revenue, data, goodwill, or business opportunities
  • Operational losses or costs arising from reliance on tool results, product specifications, or blog content
  • Damages arising from unauthorized access to or alteration of your information
  • Any other damages arising out of or in connection with your use of, or inability to use, the Sites or any Content

EVEN IF H. BARBER & SONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL H. BARBER & SONS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITES EXCEED ONE HUNDRED DOLLARS (USD $100.00).

The limitations in this section apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and shall apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, H. Barber & Sons’s liability shall be limited to the greatest extent permitted by applicable law.

This limitation of liability applies solely to the Sites and online content. It does not limit liability for product defects, personal injury, or other claims governed by H. Barber & Sons’s separate product warranty or applicable product liability law.

11. Indemnification

You agree to defend, indemnify, and hold harmless H. Barber & Sons, Inc. and its officers, directors, employees, agents, dealers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of or access to the Sites
  • Your violation of any provision of these Terms
  • Your violation of any third-party rights, including intellectual property rights or privacy rights
  • Any false or misleading information you submit through any form or inquiry on the Sites
  • Any claim that content you submitted (including testimonials) caused damage to a third party

H. Barber & Sons reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with H. Barber & Sons in asserting any available defenses.

12. Prohibition on Competitive Use

Access to the Sites by employees, agents, contractors, or representatives of any company that manufactures, distributes, markets, or sells beach cleaning equipment, turf cleaning equipment, or substantially similar products that compete with H. Barber & Sons products is permitted for general informational purposes only.

The following activities are expressly prohibited for all competitors and their representatives:

  • Copying, reproducing, or adapting product specifications, descriptions, or technical content for use in competitive products or marketing materials
  • Using the CLEAN Standard framework, Tools, or methodology as a basis for developing competing assessment frameworks or tools
  • Scraping, harvesting, or systematically extracting pricing, product, or technical data from the Sites
  • Using any Content from the Sites in any advertising, marketing, or comparative materials without prior written consent from H. Barber & Sons

H. Barber & Sons reserves all legal remedies for violations of this section, including injunctive relief and damages.

13. Third-Party Links and Content

The Sites may contain links to third-party websites, tools, and resources. These links are provided for your convenience only and do not constitute an endorsement by H. Barber & Sons of the content, products, or services of those third-party sites.

H. Barber & Sons has no control over the content, privacy practices, or availability of third-party websites and assumes no responsibility or liability for them. Your access to and use of any third-party website is at your own risk and subject to that website’s own terms and privacy policy.

14. Privacy

Your use of the Sites is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy at hbarber.com/privacy-policy to understand our data collection and use practices. By using the Sites, you consent to the data practices described in the Privacy Policy.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without regard to its conflict of law principles.

15.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Sites shall be brought exclusively in the state or federal courts located in New Haven County, Connecticut. You hereby consent to the personal jurisdiction of those courts and waive any objection to the laying of venue of any such action in New Haven County, Connecticut.

15.3 Informal Dispute Resolution

Before initiating any formal legal proceeding, you agree to first contact H. Barber & Sons at hbarber@hbarber.com and provide written notice describing the nature of your dispute and the relief sought. The parties agree to attempt in good faith to resolve the dispute informally for a period of thirty (30) days from the date of notice before pursuing formal legal remedies.

15.4 International Users

H. Barber & Sons operates from the United States and makes no representation that the Sites or Content are appropriate or available for use in all locations. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. These Terms are governed by Connecticut law regardless of your location.

16. Copyright Infringement (DMCA Notice)

If you believe that any content on the Sites infringes your copyright, please send a written notice to H. Barber & Sons containing the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the material on the Sites claimed to be infringing, with sufficient detail to locate it
  • Your contact information (address, telephone number, and email address)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
  • A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner

DMCA notices should be sent to: hbarber@hbarber.com or by mail to H. Barber & Sons, Inc., Attn: Legal, 15 Raytkwich Road, Naugatuck, CT 06484.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or tools, constitute the entire agreement between you and H. Barber & Sons with respect to your use of the Sites and supersede all prior or contemporaneous understandings regarding such use.

17.2 Severability

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.

17.3 Waiver

H. Barber & Sons’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of H. Barber & Sons to be effective.

17.4 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and H. Barber & Sons. You have no authority to make or accept any offers or representations on our behalf.

17.5 Force Majeure

H. Barber & Sons shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

17.6 Assignment

You may not assign or transfer your rights or obligations under these Terms without H. Barber & Sons’s prior written consent. H. Barber & Sons may assign these Terms freely, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.

17.7 Contact

Questions about these Terms should be directed to:

H. Barber & Sons, Inc.

15 Raytkwich Road

Naugatuck, Connecticut 06484

United States

Email: hbarber@hbarber.com

Phone: (203) 729-9000

These Terms and Conditions were prepared for H. Barber & Sons, Inc. They are provided for informational purposes and do not constitute legal advice. H. Barber & Sons recommends periodic review by qualified legal counsel, particularly regarding international jurisdiction provisions.