TERMS OF SERVICE
This website is operated by HS Supplies LLC. Throughout the Terms of Service, the terms “we”, “us” and “our” refer to HS Supplies LLC. HS Supplies LLC offers this website, including all information, tools and services available from this site (collectively, the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Service and/or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Service. If you are accessing or using the Service on behalf of a company or other entity, and/or establishing an account on behalf of a company or entity, you represent to us that you have authority to bind such company or entity to these Terms Of Service, and you agree to these Terms Of Service on behalf of such company or entity and on behalf of yourself. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Service.
Any new features or tools which are added to the Service shall also be subject to the Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
A breach or violation of any of the Terms of Service or the Terms and Conditions of Sale will result in an immediate termination of your right to access and use the Service, without any notice from us.
Subject to these Terms of Service, you may use the Service to obtain information about our products and services and request and/or purchase products and services from us.
We reserve the right to refuse to provide the Service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, publicly display, distribute, create derivate works of, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Service, without express written permission by us, except that you may print or download a reasonable number of copies of pages from the Service for your own personal, non-commercial use (provided that you do not delete or alter any copyright, trademark, or other proprietary rights notices on such copies).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
The Service and all of its content are owned by us or our licensors, or other providers of such material, and are protected by copyright and other applicable laws. HSS and HUMBOLDTS SECRET, and all related logos, other product and service names and designs, and slogans used on the Service are our or our licensors’ trademarks. Except as expressly set forth in these Terms of Service, you must not use such content or marks without prior written permission of the intellectual property owner.
We are not responsible if information made available on this Service is not accurate, complete or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information to verify such information. Any reliance on the material on this Service is at your own risk.
This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We reserve the right to modify the contents of this Service at any time, but we have no obligation to update any information on our Service.
You agree that it is your responsibility to monitor changes to information on our Service.
We reserve the right at any time to modify, suspend or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the Service. Returns and exchanges may be made only in accordance with our Terms and Conditions of Sale.
We reserve the right, but are not obligated, to limit the sales of our products and service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
All descriptions of products and services and applicable pricing are subject to change at any time without notice, in our sole discretion.
We reserve the right to discontinue any product or service at any time.
Any offer for any product or service made on this Service is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made, and accounts created, via the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Portions of the Service available to different users may vary. You agree not to use or access, or attempt to use or access, any portion of the Service for which you are not intentionally given access to by us (e.g., another user’s account).
In the event that we issue an account to a company or other entity (a “Company Account”), the company or entity may designate the authorized users of such Company Account, but shall be responsible for any and all use of such Company Account.
Except as expressly provided above for Company Accounts, you may not authorize any other person to access and/or use any account that you create on the Service. Accordingly, you agree to protect your username and password by, among other things, keeping such username and password confidential. If, notwithstanding the foregoing obligation, you allow another person to use your username and/or password to access your account, you will be responsible for all use by that person using your account.
You agree to (a) immediately notify us of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
For clarity, creation of a company account does not mean that the company is a wholesaler of our products, unless we agree in writing.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those websites and we do not provide any warranties in connection with, and will not have any liability or responsibility for, any third-party materials, websites, products or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, or content, or any other transactions made in connection with, any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party goods, services, resources, content and transactions should be directed to the third-party.
If you send submissions at our request (for example, contest entries) or send any other creative ideas, suggestions, proposals, plans, product reviews or other materials (e.g., photographs, videos) to us, whether online, by email, by postal mail, or otherwise (collectively, ”comments”), you (a) grant us a royalty-free, sublicenseable and assignable license, without restriction, to edit, copy, publish, distribute, display, create derivative works of, translate, commercialize and otherwise use in any medium or manner any such comments (including, without limitation, the right to make, have made, sell, have sold, offer for sale, import, have imported, export, have exported and lease products and services which practice or embody the comments), (b) grant us the right to use your name and any image of you as part of such materials (subject to any restrictions set forth in a Media Release Form), (c) waive any right to inspect or approve any exercise of rights in the comments, and (d) represent and warrant that you own or control all rights in and to such comments and have the right to grant the foregoing license to us and that neither the comments nor our exercise of rights granted above will infringe, misappropriate or otherwise violate a privacy right, intellectual property right, or any other rights of any person.
We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, (a) is unlawful, offensive, threatening, libelous, defamatory, pornographic, abusive, obscene, deceptive or otherwise objectionable, or (b) violates any party’s intellectual property or other rights or these Terms of Service.
You understand that comments that your provide may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You shall not send any comments that violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right, that contain libelous or otherwise unlawful, offensive, threatening, libelous, defamatory, pornographic, abusive, obscene or deceptive material, or that contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address or contact information, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted or otherwise provided by you or any third-party.
Occasionally there may be information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No update or refresh date specified in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, or operate under any pretext; (j) for any obscene or immoral purpose; (k) to interfere with the Service or circumvent the security features of the Service or any related website, other websites, or the Internet, or attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Server is stored, or any server, computer, or database connected to the Server, or (l) use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the content on the Service.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent provided by applicable law, in no case shall HS Supplies, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, or claim in excess of Fifty Dollars ($50.00), in the aggregate, nor shall any such person or entity be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for certain damages, the foregoing limitation may not apply in such states or jurisdictions, and in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless HS Supplies LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of the Terms of Service, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate at any time, with or without notice, your right to access and/or use the Service, and you will remain liable for all amounts due up to and including the date of termination. Any such termination shall be effective on the date specified in such notice or, if no date is provided, shall be effective immediately. You agree that if your authorization to access or use the Service is terminated, you will not thereafter access, or attempt to access, the Service, directly or indirectly.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
All matters relating to the Service and these Terms of Service shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States (or, if no federal subject matter jurisdiction exists, the state courts) located in San Diego, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Questions about the Terms of Service should be sent to us at Support@HumboldtsSecret.com.
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