This policy does not apply to information collected through any other website, mobile application, service or to the practices of companies that HLM does not control. We are not responsible for the privacy practices of others or other websites, and we recommend that you read the privacy policies of each website and application that you visit and use.
In certain instances, users of the Service have the option of registering an account with us and becoming a User, or merely browsing the Site as a visitor without providing Personal Information, as defined below, to us. You should note, however, that many of the features of the Site and Service can only be accessed by Users.
- Personal Information
“Personal Information” is unique information that identifies you. Personal Information includes information such as your name, email address, or telephone number. The personally identifiable information may include email addresses, profile pictures or other similar information linked to your Registered Account through the access you granted to us through your Facebook account.
Certain aspects of your Personal Information will be visible on the Site to other Users. Visible information may include your name, your profile picture and your email address. All other Personal Information not described above will remain private and not publicly available on the Site or Services. For the avoidance of doubt, nothing shall prevent you from sharing Personal Information with other Registered Users.
We may also ask you for financial information for payment purposes, including, but not limited to your billing name; billing address; credit, debit, bank card or PayPal account information; or any other information that we, in our sole discretion, deem appropriate (“Payment Information”). We will not store your Payment Information on our database. Once you provide us with your Payment Information to us, we will forward the information to our third party payment processor, who will only use your Payment Information to process your payment of the ordered products.
You can review and update your private, password protected Personal Information and Payment Information that you provide us in your user account. Please be aware that even after your request for a change to your Personal Information is processed, we may, for a time, retain residual information about you in backup and/or archival copies in our database. Additionally, you can also close your user account through the Site. If you close your Registered Account, we will remove your private, password protected Personal Information from our database. However, please note that in the event you delete your Registered Account, we will retain any aggregated Non-Personal Information on our database.
Exercise your privacy rights by submitting a data subject request.
- Subscribing and Unsubscribing From HLM Communications
When you create a user account, you have the option of subscribing to our email notices and communications (“Company Communications”). If you did not elect to receive Company Communications when you created a user account, you can subscribe to the Company Communications by emailing the Site administrator at [firstname.lastname@example.org]. You can unsubscribe from Company Communications by emailing the Site administrator at the email address listed above.
Please be aware that even after you unsubscribe, we may retain information about you to make sure you remain unsubscribed until requested to re-subscribe to Company Communications.
- Sharing and Disclosure of Personal Information
In addition, we disclose information to companies and individuals we employ or contract with to perform functions on our behalf. Examples include, but are not limited to, hosting our web servers, analyzing data, providing marketing assistance, processing payments for the ordered products, and conducting criminal background checks of you. These companies and individuals will only have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third party.
We reserve the right to transfer or disclose your Personal Information to a successor in interest that acquires rights to that information as a result of (i) the sale of HLM; (ii) a transfer of all or substantially all of our assets; or (iii) a transfer of the Site and/or the Service.
- Non-Personal Information
“Non-Personal Information” is information that does not specifically identify you or any person as an individual and includes, but is not limited to, such non-unique information obtained from Users of the Service like aggregated data, web-browser type, browsing history, IP address or an Internet Service Provider (“ISP”). Non-Personal Information is used to manage the Site and Service; track usage and improve the Site and/or Service; and is not linked to any Personal Information. Non-Personal Information may be shared with third parties to provide more relevant services and advertisements to Users, and to enhance the Site and Service.
- Aggregate Data
Non-Personal Information may be collected about your usage of the Site or Services or retrieved from your Registered User account, if any, and aggregated with data from other Users. This aggregated anonymous data will not contain any Personal Information. Aggregate data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of Users of the Site and Services. We may provide statistical information based on this data to advertisers and other current and potential business partners.
- Log Files
When you visit the Site we may receive the URL of the website from which you came, and when you leave the Site, we may receive the URL of the website to which you are going. We also may receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP. This information can be used to analyze overall trends to help us improve the Services. IP addresses may also be recorded for security and monitoring purposes as well as providing more relevant advertisements. The linkage between your IP address and your Personal Information is not shared with third parties without your permission unless otherwise required by law. We may access information about you from third-party sources and platforms. This may include your username and connection list for Facebook if you access third-party social networking services through the Site.
Cookies are small text files that are placed on your mobile phone’s or computer’s hard drive by a webpage server. Cookies are used to store a visitor’s preferences and to record session information. Cookies are also used to prevent duplicative advertisements and to customize newsletter, advertising and Site content based on a user’s browser type and, if applicable, Registration Data. The Site uses uniquely identifiable cookies for your session activity, and will not function without this session tracking security enabled. This session cookie will expire after fourteen (14) minutes of inactivity. We will, however, never reveal or share this cookie information to any third party site, nor does your cookie contain any Personal Information.
You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. Each browser is different. Refer to the “Help” menu of your browser to learn how to change your cookie preferences. However, please note that YOU MUST ENABLE COOKIES ON YOUR BROWSER IN ORDER TO USE MANY FUNCTIONS OF THE SITE.
- Protecting Your Personal Information
HLM diligently makes every effort to ensure that your information is secure on its servers by using industry standard security technology, such as encryption and firewalls on both our main and backup servers.
Unfortunately, information transmitted via the Internet is not completely secure. As a result, HLM cannot guarantee the security of any information you transmit to us, and you do so at your own risk. We expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information stored therein, and you agree to hold HLM harmless for any loss or damages that may result therefrom.
- Third Party Links
If you post on a public section of the Site, such as a bulletin board, you should be aware that any Personal Information you choose to provide there can be read, collected, or used by other users of these forums, as well as other third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Site.
- Children Under Age 18
Registered Users must be aged 13 years or older. Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a user account; nor do we knowingly collect or solicit Personal Information from anyone under the age of 18. In the event that we learn that information has been collected from a child under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible. If you believe that we might have any information from or about a child under age 18, please contact us.
- Users Outside of the United States
HLM maintains its headquarters within and provides the Service from the United States. Please be aware that any information that we obtain as a result of your use of the Service will be subject to the laws of the United States. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence.
- Contact Us
- ACCEPTANCE OF TERMS
HLM reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, HLM has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.
- HLM’S SERVICE
- ACCOUNT REGISTRATION & RESPONSIBILITIES
The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”). If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.
You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at email@example.com.
- provide false or inaccurate Registration Data;
- complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
- post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
- use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any HLM user;
- create or submit unwanted email (“Spam”) to any other HLM users;
- infringe upon the intellectual property rights of HLM, its users or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
- duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.
- DATA STORAGE
HLM uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below. These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not HLM, store your credit or debit card information in their databases.
We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
- CONTENT AND Users
By accessing the site OR using the service, you acknowledge that HLM merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.
The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. HLM does not guarantee the accuracy, quality or completeness of the Content.
Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.
NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that HLM’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User. You agree that HLM shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.
HLM does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.
Any purchase of products from the Site or otherwise from HLM shall be in accordance with the prices and purchase options set forth at the time of purchase. Customer agrees to pay all fees listed at the time of purchase to HLM. Customer agrees to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.
- Risk of Loss.
All products purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Please contact your carrier with any issues related to the delivery of the products.
- Returns, Refunds and Title.
From the date of your purchase of products from the Site or otherwise from HLM, you have ninety (90) days to return the purchased products in unused condition to the return address listed on your product invoice. If we receive the returned product in a used condition, we have the right to reduce the amount returned to you by the damage done to the product, up to the full amount paid. We do not take title to returned items until the item arrives at our office location. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product Descriptions.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.
- INTELLECTUAL PROPERTY RIGHTS
Subject to certain intellectual property rights governed by laws of the United States, foreign jurisdictions or international conventions, HLM owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, HLM provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HLM reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property. By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.
Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site. In the event that you provide User Submissions, you hereby grant to HLM, its affiliates, and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicenseable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future. You hereby waive any moral rights you may have in your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners, directors, officers, affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.
- TERMINATION AND EFFECT OF TERMINATION
This Agreement shall last until either you or the Company elect to terminate your account. In addition to any other legal or equitable remedy, HLM may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, HLM may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement. The Company may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations. The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement
- THIRD PARTY LINKS
- consent to electronic communication
By creating a Registered Account, you acknowledge that HLM may need to send you communication or data, via email, regarding the Services, including, but not limited to, notices about your use of the Services, updates to the Services and promotions regarding additional products and services offered by us. By using the Services, you consent to the receipt of electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message. All newsletters sent by HLM are opt-in only and include instructions on how to unsubscribe from such newsletters.
- copyright and trademark infringement policy; notification procedures
The Company does not own the User Content. All User Content is posted by Registered Users, each of whom or which (as the case may be) has represented and warranted to the Company that, among other things, the User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
Since the Company is not in a position to determine who has the prevailing claim to use any particular User Content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Registered User(s) allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Registered Users about allegations of infringement which pertain to them.
For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy.
- public forums and private communications
The Site may contain certain features that enable Registered Users to interact directly with each other, including by sending private messages to other Registered Users and posting comments and exchanging useful and helpful information with other Registered Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be skeptical about information provided by others, and you acknowledge that the use of any Submissions posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and she shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals.
Please respect and interact with other users as you would in any public arena. Do not reveal information that you do not want to make public.
We encourage you to report to us at firstname.lastname@example.org any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the membership accounts of such violators or suspending or terminating their right to use and access the Site.
We reserve the right to, in our sole discretion, adopt, modify and post additional rules in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us in our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, in our sole discretion.
- REPRESENTATIONS AND WARRANTIES
- DISCLAIMER OF WARRANTIES
THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE OR THROUGH THE SERVICE, ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. HLM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICE; (C) THE INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICE; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE. HLM DOES NOT WARRANT THAT THE SITE, SERVICE OR ANY OF THEIR RESPECTIVE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
HLM, AND ITS MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY AND CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
16. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT HLM LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL HLM, OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, OR AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, INCLUDING THE INTELLECTUAL PROPERTY OR CONTENT THEREON, THE SERVICE OR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO ACCESS OR USE, OR PERFORMANCE OF THE SITE AND SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS RELATED TO THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES, AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE OR SERVICE).
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY HLM AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER SUBMISSION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
By ACCESSING THE SITE, OR OTHERWISE USING the SERVICE, you hereby RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES OF THE FOREGOING, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEYS’ FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SITE OR THE SERVICE; AND (III) YOU ENTERING INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, OWNERS, VENDORS AND OTHER USERS OF THE SERVICE, AND (IV) WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE OR USE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Accordingly, you agree to waive the benefit of any law that might limit your waiver of such claims, including, to the extent applicable, California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This Agreement constitutes the entire agreement between you and the Company regarding your use of the Site and the Service, superseding any prior agreements between you and the Company relating to the same. The Agreement shall be governed by the substantive laws of California, without regard to conflict of laws principles. Any claim or dispute between you and the Company that arises from your use of the Site, Service, or any agreement between you and the Company shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. You hereby expressly consent to the personal jurisdiction of the Federal and State courts located in Orange County, California and waive any objections to the laying of venue in such courts.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Company.
Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.
20. NOTICE TO CALIFORNIA RESIDENTS
Pursuant to California Civil Code Section 1789.3, Users who reside in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, products or the Services, please contact us either via email at email@example.com or via mail at 4130 E. La Palma Ave, Anaheim, CA 92807. Alternatively, users who are California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs either via mail at 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834 or via telephone at either (800) 952-5210 or (916) 445-1254 (for users located in Sacramento, CA).
21. Legal Disputes
22. Agreement to Binding Arbitration
The arbitrator also has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.
Agreement to arbitration includes, but is not limited to, issues regarding ADA/state law access claims. Jurisdiction for such claims shall be within Orange County, California.
23. Jury Trial and Class Action Waiver
You and HomeLife Media, LLC may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
24. Governing Law
You and HomeLife Media, LLC agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability.
25. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Anaheim, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Cannanine’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.