HUNTER ORIGINALS eCOMMERCE TERMS OF SERVICE
ACCEPTANCE OF TERMS
Use of the Site is limited to persons over the age of eighteen (18) who are residents of the United States. The Site is not directed to persons under 18 years old, and Hunter Originals does NOT knowingly collect any personal information from persons under age 18, including any “individually identifiable information” as defined by the Children’s Online Privacy Protection Act (COPPA). If You are under 18, You should leave the Site without providing any information about Yourself. By accessing or using the Site or Services, You represent and warrant to Us that You are either a legal adult or if under the age of majority, have obtained proper consent from a parent or legal guardian for Your use of the Site and its Services.
Please read these Terms carefully prior to using or obtaining any information, materials, or services from this Web site. By accessing or using the Site or the mobile version thereof, or by accessing or using a Service, You signify that You have read, understand, and agree to be bound by these Terms, that You are of legal age or have consent from a parent or legal guardian to form a binding contract with us, and that You have the authority to enter into these Terms, whether or not You have a registered account with Us.
We reserve the right to update and change these Terms from time to time. We may not explicitly notify You of changes and as such, We encourage You to review these Terms from time to time as it is Your responsibility to regularly check this page to determine if there have been changes to these Terms and to review such changes. Your continued use of the Service or the Site after any such change constitutes Your acceptance of the new Terms.
Please Note: These Terms govern how any and all claims between You and Hunter Originals can be brought and include a waiver of Your right to participate in any class, group, or representative action or proceeding.
DESCRIPTION OF SERVICE
The Service is an online platform that allows users to view and purchase upscale, resale retail items from Hunter Originals. Users will have access to view and purchase items possessed by Hunter Originals and sold from its fulfillment centers located in Arizona, California, Kentucky, Pennsylvania, Wisconsin, and Texas. Items sold via the Service may only be purchased by Users located in and shipped to locations within, the United States.
In order to have full access to our Service, You must activate an account that completes Your registration for the Service. You may register and activate an account with Hunter Originals directly or through an authorized third-party service (a “TPS”) such as Facebook or Amazon. By enabling TPS access, You are consenting to Us passing Your login information to the relevant TPS for this purpose. You are also consenting to Us accessing, making available, and storing information or content, or other materials that You have provided to or stored in Your TPS account. You may revoke Our access to any TPS at any time by disconnecting Your TPS account from Your GCNS account.
You agree that We may for any reason, in our sole discretion and without liability to You, refuse to accept a registration and also may delete a registration, terminate any account, and/or cancel the Service at any time without refund for any Service previously rendered and paid for (although We currently do not charge for the Service, We reserve the right to latter).
You must provide Us with valid names for You, Your address, telephone number, and any e-mail address. You will be prompted to choose a password and account designation. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under Your password or account. You agree to (a) ensure that You exit from Your account at the end of each session, and (b) immediately notify Us in writing of any unauthorized use of Your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 3.
In consideration of the use of the Service, You agree to (a) provide true, accurate, current, and complete information about Yourself and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree that no agency, partnership, joint venture, employer-employee, franchisor-franchisee, or fiduciary relationship is intended or created by these Terms, or by Your use of the Site or Services thereon.
RIGHT OF REFUSAL
You agree that We, in our sole discretion, and without liability to You, may refuse to accept a request for registration. We also may cancel Your registration and/or account if is it is being used, as determined by Us in our sole discretion, in association with violations of this agreement, illegal, inappropriate, or objectionable activities, including, but not be limited to: infringement of an intellectual property right of another; attempting to reverse engineer any software that is part of the Service; violation of, or activities designed to violate, another’s privacy or right of publicity; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass other users and/or third parties; activities prohibited by the laws of the United States and/or foreign territories in which You or We conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, inappropriate, racial, or otherwise objectionable; and activities designed to harm or use unethically minors in any way. In the event We refuse registration or delete an existing registration due to objectionable activities, no refund will be issued.
CANCELLATION AND TERMINATION
You agree that We may, in our sole discretion and without liability to You, terminate Your password, and/or account, and remove and discard any content within the Service, including, but not limited to Your messages, Your configuration data, files, pictures, videos, etc. If for any reason, including and without limitation, the lack of use, or our unilateral determination that You violated or acted inconsistently with the letter or spirit of the Terms, We may cancel the Service and Your access to the Site. You agree that any termination of Your access to the Service under any provision of these Terms may be affected without prior notice, and You acknowledge and agree that We may immediately deactivate or delete Your account, as applicable, and all related information and files. We reserve the right to bar any further access to such files or the Service. You agree that We shall not be liable to You or any third-party for any termination of Your access to the Service.
MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service. Moreover, We may update the software from time to time with new versions, bug fixes, etc. and You agree that in order to continue to use the Service, Your computer equipment must be able to properly operate the software with any updates and You agree to use the updated software.
CONTENT AND CONDUCT RULES AND OBLIGATIONS
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not Us, are entirely responsible for all Content that You make available via the Service (“User Content”).
You agree that You will not:
1. upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, inappropriate, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, racial, or otherwise objectionable;
2. harm minors in any way;
3. falsify, embellish, or in any way misrepresent Your background, education, prior employment history, prior employment history in any way;
4. disguise the origin of any Content transmitted through the Service by, for example, forging headers or manipulating identifiers;
5. upload, post or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. upload, post, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
7. upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending a mass email to recipients who haven’t requested email from You or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting Your site by posting multiple submissions in public forums that are identical;
8. upload, post, or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
11. use the Service as a forwarding service to another Website;
12. solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or
13. make any automated use of the system.
If any user is reported to be in violation of the letter or spirit of this Section, We retain the right to terminate such account at any time without further warning.
PURCHASE AND SALE TRANSACTIONS
Our inventory availability is subject to change at any time without notice. All features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Hunter Originals strives to provide fair and accurate pricing for the secondhand items sold via the Site and will make best efforts to price items in a manner reasonably related to market prices for used products of similar quality, age, use, and condition. Hunter Originals reserves the right to determine and change the pricing of any product on the Site prior to its purchase.
All product descriptions provided by Hunter Originals are approximate and are provided for convenience only. Hunter Originals does not warrant those product descriptions or other content is accurate, complete, reliable, current, or error-free. We have made our best efforts to display as accurately as possible the colors, styles, and quality of Our products. We cannot guarantee that Your computer monitor’s display of any color or style will be accurate. Hunter Originals prohibits the sale of counterfeit apparel and complies with all applicable laws pertaining to the trafficking of counterfeit apparel. If a product sold via the Site is not as described, Your sole remedy is to return it in an unused condition, pursuant to the Shipping and Returns Policy.
COPYRIGHT AND INTELLECTUAL PROPERTY
We respect the intellectual property rights of others and We prohibit users from uploading, posting, or otherwise transmitting on the Site or Service any materials that violate another party’s intellectual property rights. When We receive proper Notification of Alleged Copyright Infringement as described herein, We promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act.
If You believe that any material on the Site infringes upon any copyright which You own or control, You may send a written notification of such infringement to our designated agent identified below.
If You believe that Your own copyrighted work is accessible on our Website or Service in violation of Your copyrights, You may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that We can locate the material.
2. Identify the URL or other specific location on the Site or Service that contains the material that You claim infringes Your copyright described in Item 1 above.
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4. Include a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Include a statement by You that the information contained in Your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner’s behalf.
6. Include Your name, mailing address, telephone number, and email address.
You may send Your Notification of Alleged Copyright Infringement to our designated agent by E-Mail at the following email address: email@example.com
We have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Site and Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site and its related software are subject to copyright protection. We also own or have the rights to use various trademarks including, but not limited to: Hunter Originals®. You agree to not use these trademarks or any mark which is confusingly similar to these trademarks provide any goods or services, to register any domain name that incorporates these trademarks or confusingly similar terms, or to create any social media pages using these trademarks as source identifiers.
HUNTER ORIGINALS ’ COMMUNICATION’S PROPRIETARY RIGHTS, LIMITED LICENSE
You acknowledge and agree that the Service and software, including all files and images, contained in or generated by the software, and accompanying data (together referred to as “Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that We or our licensor holds all rights, title, and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such intellectual property rights is being transferred to You and You agree to make no claim of interest in any such Software. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Us or our advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
All Content on the Site and available through the Service, (the “Site Content”), are the proprietary property of the Hunter Originals or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Provided that You are eligible for use of the Site, You are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which You have properly gained access solely for Your personal, non-commercial use, provided that You keep all copyright or other proprietary notices intact. Except for User Content, You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not permit the use of any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of us, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of the Service, use of the Service, or access to the Service, without the express written permission by Us.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. We have no control over and do not monitor such sites and resources. You acknowledge and agree that We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
INDEMNITY, RELEASE OF LIABILITY
You agree to indemnify and hold Hunter Originals and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your Content, Your use of the Service, Your connection to the Service, Your violation of the Terms, or Your violation of any rights of another, whether You are a registered user or not. You are responsible for Your actions when using the Service, including, but not limited to, costs incurred for Internet access.
If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor.”
If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING THE WEBSITE AND/OR ANY CONTENT, DATA, INFORMATION, LINKS, SERVICES, FUNCTIONALITY, OR ACCESSIBILITY, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
2. WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON-DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. WE DO NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT OR OTHER PROPERTY, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT HUNTER ORIGINALS SHALL BE LIABLE FOR SHALL NOT EXCEED THE NUMBER OF PAYMENTS THE USER HAS PAID TO HUNTER ORIGINALS WHICH MAY BE ZERO DOLLARS.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 19 MAY NOT APPLY TO YOU.
GOVERNING LAW; VENUE AND JURISDICTION
By visiting or using the Site and/or the Service, You agree that the laws of the State of Arizona, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and the Hunter Originals. or any of our affiliates. With respect to any disputes or claims related to Your use of the Site or Service, You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Maricopa County, Arizona, and You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts in Maricopa County, Arizona.
LITIGATION AND CLASS WAIVER
YOU AND HUNTER ORIGINALS AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE LITIGATION IN ARIZONA COURTS.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by You related in any way to the Site and/or the Service (including Your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose. FURTHER, THE MAXIMUM AMOUNT OF DAMAGES THAT HUNTER ORIGINALS SHALL BE LIABLE FOR SHALL NOT EXCEED THE NUMBER OF PAYMENTS THE USER HAS PAID TO HUNTER ORIGINALS
Notices to You may be made via email, regular mail, or our internal notification mechanism. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to You generally on the Service. The failure of Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us (including, but not limited to, any prior versions of the Terms). You also may be subject to additional Terms and conditions that may apply when You use affiliate or other services provided by Us, third-party content, or third-party software. If any provision of the Terms or incorporated document is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please contact Us at the address below to report any violations of these Terms at: firstname.lastname@example.org.