TERMS & CONDITIONS
Last
Updated: 04/24/2024
Terms & Conditions
This website
and any mobile application (collectively, this "Site") is
owned by Hamilton Group LTD ("We",
"Us" or
"Hamilton Group LTD"). We are providing you with access to
this Site and our online store
(together, our "Services")
subject to the following terms and conditions. By browsing,
accessing,
using, registering for or purchasing merchandise on
this Site, or otherwise using our Services, you
are agreeing to
all of the following terms and conditions, including any policies
referred to herein
(collectively, these "Terms"). So,
please read these Terms carefully. We reserve the right to
change
this Site and these Terms at any time. If you are unwilling
to be bound by these Terms, you should
not browse, access, use,
register for, or purchase merchandise from the Site. You represent
and
warrant that you are at least 18 years old or visiting this
Site under the supervision of a parent or
guardian.
Privacy Policy
Our
Privacy Policy, which also governs your visit to Our Site, can be
found at [insert link to your
Privacy Policy]. Please review our
Privacy Policy for information on how We collect, use and
share
information about our users.
Use of This Site
Subject
to your compliance with these Terms, We grant you a limited,
non-exclusive,
non-transferable, non-sublicensable license to
access and make personal, non-commercial use of
this Site. This
license grant does not include: (a) any resale or commercial use of
this Site or content
therein; (b) the collection and use of any
product listings or descriptions; (c) making derivative uses
of
this Site and its contents; or (d) use of any data mining, robots, or
similar data gathering and
extraction methods on this Site. You
may not use, frame, or utilize framing techniques to enclose any
of
Our trademark, logo, content or other proprietary information
(including the images found at this
Site, the content of any text
or the layout/design of any page or form contained on a page)
without
Our express written consent. Further, you may not use any
meta tags or any other "hidden text"
utilizing Our name,
trademark, or product name without Our express written consent. Any
breach of
these Terms shall result in the immediate revocation of
the license granted in this paragraph without
notice to you. You
are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the
homepage of this Site so long as the link does
not portray Us or Our products or services in a false,
misleading,
derogatory, or otherwise offensive matter. This limited right may be
revoked at any time.
You may not use any of Our logos or other
proprietary graphics or trademarks as part of the link
without
express written permission.
Account
In order to access some
features of this Site, you may be required to register and We may
assign to
you, or you may be required to select, a password and
username or account identification. If you
register, you agree to
provide Us with accurate and complete registration information, and
to inform
us immediately of any updates or other changes to such
information. You are solely responsible for
protecting the
security and confidentiality of the password and identification
assigned to you. You
shall immediately notify Us of any
unauthorized use of your password or identification or any
other
breach or threatened breach of this Site's security. Each
time you use a password or identification,
you will be deemed to
be authorized to access and use the Site in a manner consistent with
these
Terms, and We have no obligation to investigate the
authorization or source of any such access or
use of this Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS
SITE
BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY
SELECTED BY, OR
ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND
USE OF THIS SITE IS ACTUALLY
AUTHORIZED BY YOU, INCLUDING WITHOUT
LIMITATION, ALL COMMUNICATIONS AND
TRANSMISSIONS AND ALL
OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS)
INCURRED THROUGH SUCH ACCESS OR USE.
Electronic Communication
When
you use this Site, or send emails to Us, you are communicating with
Us electronically. You
consent to receive communications from Us
electronically. We will communicate with you by email
or by
posting notices on this Site or through our other services. You agree
that all agreements,
notices, disclosures, and other communication
that We provide to you electronically satisfy any legal
requirements
that such communications be in writing.
User Content
This Site
may include features and functionality ("Interactive Features")
that allows users to create,
post, transmit, or store any content,
such as text, music, sound, photos, video, graphics, or code on
the
Sites ("User Content"). User Content is publicly-viewable
and may include your profile information
and any content you post
pursuant to your profile, but it does not include your account
information or
information you submit in order to make a purchase.
You agree that you are solely responsible for
your User Content
and for your use of Interactive Features, and that you use any
Interactive Features
at your own risk. By using any Interactive
Areas, you agree not to post, upload to, transmit, distribute,
store,
create, or otherwise publish or send through the Sites any of the
following:
● User Content that is unlawful, libelous,
defamatory, obscene, pornographic, indecent,
lewd, suggestive,
harassing, threatening, abusive, inflammatory, fraudulent,
or
otherwise objectionable;
● User Content that would
constitute, encourage, or provide instructions for a
criminal
offense, violate the rights of any party or that would
otherwise create liability, or violate
any local, state, national,
or international law;
● User Content that displays, describes,
or encourages usage of any product We sell in a
manner that could
be offensive, inappropriate, or harmful to Us or any user
or
consumer;
● User Content that may impinge upon or violate
the publicity, privacy, or data protection
rights of others,
including pictures, videos, images, or information about
another
individual where you have not obtained such individual's
consent;
● User Content that makes false or misleading
statements, claims, or depictions about a
person, company,
product, or service;
● User Content that may infringe any
patent, trademark, trade secret, copyright, or other
intellectual
or proprietary right of any party;
● User Content that
impersonates any person or entity or otherwise misrepresents
your
affiliation with a person or entity; and
● Viruses,
malware of any kind, corrupted data, or other harmful, disruptive,
or
destructive files or code.
Rights in User Content
Except
as otherwise provided in these Terms, on this Site or in a separate
agreement with Us, We
claim no ownership or control over any User
Content. However, by submitting or posting User
Content on this
Site, you grant to Us a nonexclusive, royalty-free, worldwide,
perpetual, irrevocable,
transferable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate,
create
derivative works from, distribute, perform, and display
such User Content on this Site and on
third-party sites and mobile
applications and in all other media or formats, whether currently
known
or hereafter developed, for any purpose and without any
compensation to you. You also grant users
of this Site the right
to access your User Content in connection with their use of this
Site. By posting
User Content to this Site, you represent and
warrant that (a) such User Content is non-confidential;
(b) you
own and control all of the rights, title, and interest in and to the
User Content, or you
otherwise have all necessary rights to post
and use such User Content to this Site and to grant to Us
the
rights that you grant in these Terms; (c) the User Content is
accurate and not misleading or
harmful in any manner; and (d) the
User Content, and your use and posting thereof in connection
with
this Site, do not and will not violate these Terms or any other of
Our applicable terms,
guidelines, or policies or any applicable
law, rule or regulation.
Feedback
Separate and
apart from User Content, you may have the ability to submit
questions, comments,
suggestions, reviews, ideas, plans, designs,
notes, proposals, drawings, original or creative materials,
and
other information regarding this Site, Us, and our products or
services (collectively "Feedback").
You agree that
Feedback is non-confidential and shall become Our sole property. We
shall own
exclusive rights, including all intellectual property
rights, in and to such Feedback and shall be
entitled to the
unrestricted use and dissemination of the Feedback for any purpose,
commercial or
otherwise, without acknowledgment or compensation to
you.
Restrictions on Rights to Use
You agree you shall not (and
you agree not to allow any other individual or entity using
your
password and identification to):
● download, modify,
reproduce, adapt, translate, reverse engineer, create
derivative
works based upon, publicly display, sell, rent,
license, or in any way commercially
exploit any portion of this
Site, except and to the extent expressly permitted under
these
Terms;
● remove any copyright, trademark, or other proprietary
rights notice contained in or on
the Site;
● use any robot,
spider, site search/retrieval application, or other device to
retrieve or
index any portion of this Site;
● collect any
information about other users (including usernames and/or
email
addresses) for any purpose other than to solicit and/or
share reviews with other users;
● reformat or frame any portion
of any Web pages that are part
of this Site;
● create user
accounts by automated means or under false or fraudulent pretenses;
●
create or transmit to other users unsolicited electronic
communications, such as
"spam," or otherwise interfere
with other users' enjoyment of the Site;
● submit to this Site
any content that falsely states or implies that such content
is
sponsored or endorsed by us;
● transmit or upload to this
Site any item containing or embodying any virus, worm,
defect,
malware, Trojan horse, software bomb, or other feature designed to
damage or
degrade in any manner the performance of this Site, any
other Web site, or any
computer or other device or system, or the
enjoyment of this Site by any user;
● use this Site to violate
the security of or gain unauthorized access to any computer
or
computer network or other device or system (including
unauthorized attempts to
discover passwords or security encryption
codes);
● submit to this Site any content that is unlawful or
facilitates, constitutes, promotes, or
encourages illegal
activity; or otherwise use the Site to transfer or store
illegal
material, including any material deemed threatening or
obscene;
● copy or store any User Content offered on this Site
other than for your personal,
non-commercial use;
● take any
action that imposes, or may impose, in our sole discretion, an
unreasonable
or disproportionately large data or traffic load on
this Site or the IT infrastructure used
to operate and make this
Site available; or
● use this Site and/ or any User Content,
intentionally or unintentionally, to violate any
applicable local,
state, federal, or international law.
We have no obligation to
monitor any user conduct on this Site, and We reserve the right and
have
absolute discretion to monitor any user conduct on this Site
at any time and for any reason without
notice.
Ownership
As between you
and Us, this Site, including all photographs, images, text, graphics,
icons, audio clips,
software, source code, and other aspects
thereof (excluding User Content), all improvements or
modifications
thereof, all derivative works based thereon, and the collection,
arrangement, and
assembly of this Site (collectively, the "Site
Content"), including all copyrights, trademarks, and
other
intellectual property or proprietary rights in the
foregoing, are owned by Us or our licensors and
protected by
applicable copyright laws. The use of any of Our trademarks or
service marks without
our express written consent is strictly
prohibited. You may not use our trademarks or service marks
in
connection with any product or service in any way that is likely to
cause confusion. You may not
use our trademarks or service marks
in any manner that disparages or discredits us. You may not
use
any of our trademarks or service marks in meta tags without prior
explicit consent. Nothing in
these Terms shall be deemed to grant
to you or any other user any license or right in or to any of
Our
patents, copyrights, trademarks, trade secrets, or other
proprietary rights.
Purchases on this Site
You
agree that all of your transactions with or through this Site may, at
Our option, be conducted
electronically from start to finish. If
We decide to proceed non-electronically, those transactions
will
still be governed by the remainder of these Terms unless you
enter into different terms provided by
us. You are responsible to
print or make an electronic copy of these Terms and any other
contract or
disclosure that we are required to provide to you. The
risk of loss and title for items purchased by
you on this Site
pass to you upon our delivery of the items to the carrier pursuant to
a shipment
contract. We charge sales tax for merchandise ordered
on this Site based on the applicable state
sales tax rate of the
location to which the order is being shipped. When We ship to you or
per your
directions to another person, you agree to pay the
shipping and any handling charges shown on this
Site when your
order is placed. We reserve the right to increase, decrease, and add
or eliminate
charges from time to time and without prior notice,
so you agree to check all charges before placing
an order or
signing up for a service. Any shipping or handling charges may or may
not reflect actual
costs. Only valid credit cards or other payment
methods acceptable to us may be used. By
submitting your order,
you represent and warrant that you are authorized to use the
designated card
or method and authorize us to charge your order
(including taxes, shipping, handling, and any other
amounts
described on the Sites) to that card or other method. If the card (or
other method) cannot
be verified, is invalid, or is not otherwise
acceptable, your order may be suspended or canceled
automatically.
All returns are governed by our Return Policy.. We attempt to be as
accurate as possible and eliminate errors on this Site;
however,
We do not warrant that any product, service, description, photograph,
pricing, or other
information is accurate, complete, reliable,
current, or error-free. In the event of an error; whether on
this
Site, in an order confirmation, in processing an order, delivering a
product or service, or
otherwise; We reserve the right to correct
such error and revise your order accordingly if necessary
(including
charging the correct price) or to cancel the order and refund any
amount charged. Your
sole remedy in the event of such error is to
cancel your order and obtain a refund. All items are
subject to
availability and We reserve the right to impose quantity limits on
any order, to reject all or
part of an order, and to discontinue
products or services without notice, even if you have already
placed
your order. All prices are subject to change without notice. We
reserve the right to refuse or
cancel any orders placed for
products and/or services for which the sale or use of such
product
and/or service in your state or jurisdiction is restricted
or prohibited.
Links
This Site may
contain links to other sites on the Internet that are owned and
operated by third
parties. You acknowledge that We are not
responsible for the operation of or content located on or
through
any such site.
Termination
You may
terminate the Terms at any time by closing your account,
discontinuing your use of this
Site, and providing Us with a
notice of termination. We reserve the right, without notice and in
our
sole discretion, to terminate your right to use this Site, or
any portion of this Site, and to block or
prevent your future
access to and use of this Site or any portion of this Site.
Indemnification
To the
fullest extent permitted by applicable law, you agree to defend,
indemnify, and hold harmless
Us and our subsidiaries and
affiliates, and our respective officers, directors, agents,
partners,
members, employees, independent contractors, service
providers, and consultants ("Our Related
Parties"), from
and against any claims, damages, costs, liabilities, and expenses
(collectively,
"Claims") arising out of or related to
(a) your access to and use or misuse of this Site; (b) any
User
Content you post, upload, use, distribute, store, or
otherwise transmit on or through this Site; (c) any
Feedback that
you provide; (d) your violation of these Terms; and (e) your
violation of any rights of
another. You agree to promptly notify
Us of any third party Claims, cooperate with Us in defending
such
Claims, and pay all fees, costs, and expenses associated with
defending such Claims (including
but not limited to attorneys'
fees). You further agree that the We shall have the right to control
of the
defense or settlement of any third party
Claims.
Disclaimers
Except as expressly provided, this Site,
including all Site Content, and services provided on or in
connection
with this Site are provided on an "AS IS" and "WITH
ALL FAULTS" basis without
representations, warranties, or
conditions of any kind, either express or implied. WE DISCLAIM
ALL
OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES;
EXPRESS, IMPLIED, OR
STATUTORY; INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES, DUTIES, OR CONDITIONS:
(A) OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE,
AND
NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF
DEALING, OR COURSE OF
PERFORMANCE. We do not represent or warrant
that this Site is accurate, complete, reliable, current,
or
error-free. We do not represent or warrant that this Site or our
servers are free of viruses or other
harmful
components.
Exclusivity of Remedy; Limitation of Liability
Your
sole and exclusive remedy, and Our sole and exclusive liability, for
any breach of warranty shall
be your right to return the product,
or receive a refund for the service under Our applicable returns
and
exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES
BE LIABLE FOR
SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS OR
LOSS OF BUSINESS, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
NOR SHALL
OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN
CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE, OR IMPUTED), OR
OTHER THEORY, ARISING OUT OF OR RELATING
TO THESE TERMS OR THE PURCHASE OR USE OF
ANY PRODUCTS OR SERVICES
PURCHASED THROUGH THIS SITE, EXCEED THE PURCHASE PRICE
OF THE
PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL
NOT
LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE,
FRAUD, INTENTIONAL,
WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
Remedies
You agree that
our remedy at law for any actual or threatened breach of these Terms
would be
inadequate and that we shall be entitled to specific
performance or injunctive relief, or both, in
addition to any
damages that we may be legally entitled to recover, together with
reasonable
expenses of any form of dispute resolution,
including, without limitation,
attorneys' fees. No right or
remedy of ours shall be exclusive of
any other, whether at law or in equity, including without
limitation
damages injunctive relief, attorneys' fees, and expenses.
Modifications to Site
We
reserve the right to modify or discontinue, temporarily or
permanently, this Site or any features or
portions thereof without
prior notice.
Severability
If any of
these provisions shall be deemed invalid, void, or for any reason
unenforceable, that
condition shall be deemed several and shall
not affect the validity and enforceability of any
remaining
provision.
No Third-Party
Beneficiaries
These Terms are for the benefit of, and will be
enforceable by, the parties only. These Terms are not
intended to
confer any right or benefit on any third party or to create any
obligations or liability of a
party to any such third party.
Miscellaneous
No agency,
partnership, joint venture, or employment relationship is created as
a result of these
Terms, and you do not have any authority of any
kind to bind Us in any respect whatsoever. We may
provide you with
notices, including those regarding changes to these Terms, by email,
regular mail, or
postings on this Site. These Terms, which shall
be deemed accepted by you upon your use of the
Site, constitute
the entire agreement among you and Us regarding use of this Site. Our
failure to
exercise or enforce any right or provision of these
Terms shall not constitute a waiver of the
enforcement of such
right or provision. If any provision of these Terms is found to be
unenforceable
or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that
these Terms
shall otherwise remain in full force and effect and enforceable.
These Terms are not
assignable, transferable, or sublicensable by
you, except with our prior written consent.
This Agreement constitutes the entire agreement between HamiltonGroupLtd.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HamiltonGroupLtd.com , or by the posting by HamiltonGroupLtd.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Montana, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Missoula County. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Missoula, Montana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HamiltonGroupLtd.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions
Questions
regarding these Terms, Our Privacy Policy, or other policy related
material can be directed
to our support staff by contact
form.