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These Terms of Service or last updated on July 22nd, 2019.
Welcome to the web site (the “Site”) of Halsbrook, Inc. (“Halsbrook”, “we”, “us” and/or “our”). This Site is operated by Halsbrook and has been created to provide information about our company and to provide quality fashion retail products and services (together with the Site, the “Halsbrook Services” or “Services”) to our Site visitors (“you”, “your”), subject to the following Terms of Service (“Terms”).
These Terms govern your access to and use of the Halsbrook Services, so please read them carefully before using the Halsbrook Services. As our business grows and we add new content and functionality to the Halsbrook Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Halsbrook Services after any changes are posted constitutes your acceptance of the new Terms.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PUMPED ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
In order to access or use certain parts of the Halsbrook Services, you may be required to provide current, accurate identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and for maintaining the confidentiality of any username and password. If any of this information should change, please notify us to correct it. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Halsbrook immediately of any unauthorized use of your account or any other breach of security.
The Halsbrook Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Halsbrook Services, in full or in part. Halsbrook reserves the right to terminate accounts.
The Halsbrook Services are not intended for children. You must be 13 years of age to use the Halsbrook Services, with or without registering. If you are between the ages of 13 and 17, you may use the Halsbrook Services, with or without registering, only with the approval of your parent or guardian.
You are solely responsible for all information, data, text, images, messages or other materials(“content”) that you provide to Halsbrook, post or display (“post”) or email or otherwise transmit or use via the Halsbrook Services. You agree to not use the Halsbrook Services to provide, post, email or otherwise transmit any content that is unlawful, inaccurate, threatening, unsolicited “junk mail” or spam, contains software viruses or, in the sole judgment of Halsbrook, restricts or inhibits any other person from using or enjoying the Service, or which may expose Halsbrook or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.
Prices shown on the Site are in US dollars and are exclusive of taxes and shipping charges. At checkout, sales tax and shipping charges may be applied. Prices may change from time to time and are valid as of the time of purchase.
All orders are subject to acceptance and availability. Items in your shopping cart are not reserved and may be purchased by other customers. After you place an order we will send you an email confirming receipt of your order. This email is for your reference and is not an acceptance of your order. Acceptance of your order will be perfected upon shipping of the order to you. We reserve the right not to accept your order for any reason, including, without limitation, if we do not obtain authorization for payment, the item is out of stock or you do not meet the eligibility criteria. If we do not accept your order, we will not charge you for the item or any taxes or shipping charges or refund you if already charged. We may refuse to process a transaction for any reason at our sole discretion.
Only one discount or promotion code may be used during any one purchase transaction; promotion codes may not be used in conjunction with other promotion codes or offers. Unless otherwise specified, promotions, discounts and offers do not apply to shipping fees or taxes. Promotion codes must be redeemed by their published deadline, if any.
Please find our return and exchange policy www.halsbrook.com/static/returns.
Halsbrook offers free standard shipping for all orders within the continental United States. An additional charge applies for Alaska and Hawaii. Halsbrook does not ship internationally at this time. Expedited and rush shipping options are available for an additional charge. Halsbrook will do its best to meet estimated delivery windows, but cannot always guarantee them.
The Halsbrook Services may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Halsbrook, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on Halsbrook Services or the Service Content, in whole or in part. If you are eligible to use the Halsbrook Services, you are granted a limited license to access and use the Halsbrook Services and the Service Content. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of Halsbrook Services or the Service Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. We reserve all rights, title and interest in and to the Service Content, except for the limited rights expressly granted in these Terms Halsbrook does not warrant that the Service Content will be error-free.
The Halsbrook name and logo are trademarks and service marks of Halsbrook (collectively the “Halsbrook Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Halsbrook. You may not use any Halsbrook Trademarks without our prior written permission.
Halsbrook will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this . Halsbrook and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Halsbrook Services, including the right to remove any content that violates the Terms or is deemed by Halsbrook to be objectionable.
You are solely responsible for the content and other materials you post on or through the Service or the Site (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Halsbrook and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Halsbrook Services, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Halsbrook Services (“Submissions”)! But be aware that any comments or suggestions you make to Halsbrook are non-confidential and become the property of Halsbrook, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Halsbrook respects the intellectual property of others, and we ask our users to do the same. Halsbrook will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
Halsbrook’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent Halsbrook, Inc. 276 5th Avenue Suite 503 New York NY 10001, Email: [email protected] Telephone: 646-684-4498
In accordance with the DMCA and other applicable law, Halsbrook has adopted a policy of terminating, in appropriate circumstances and at Halsbrook’ sole discretion, users who are deemed to be repeat infringers. Halsbrook may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
The Halsbrook Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Halsbrook has no control over such sites and resources and Halsbrook is not responsible for and does not endorse such sites and resources. Halsbrook will 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 content, events, goods or services available on or through such site or resource.
The Site may contain product descriptions or measurements provided to Halsbrook by the designer or manufacturer. As we cannot always check the accuracy of these descriptions, we cannot accept responsibility for any inaccuracies provided to us by these third parties.
By using the Service you agree to release, discharge and hold harmless Halsbrook and its subsidiaries and affiliates(the “Halsbrook Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Halsbrook Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “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 release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Halsbrook and the Halsbrook Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Halsbrook Services, or publicly distributed on the web, your use of the Halsbrook Services, your connection to the Halsbrook Services, your violation of the Terms or your violation of any rights of another.
Your use of the Halsbrook Services is at your sole risk. The Halsbrook Services are provided on an “as is” and “as available” basis. Halsbrook expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. always use caution when giving out any personally identifying information about yourself or your children.
You expressly understand and agree that Halsbrook and the Halsbrook entities will not be liable for any direct, indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Halsbrook has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or inability to use the Halsbrook Services; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the Halsbrook Services. In no event will Halsbrook be total liability to you for all damages, losses or causes of action exceeding one hundred dollars ($100).
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 set forth above may not apply to you. if you are dissatisfied with any portion of the service or with these terms, your sole and exclusive remedy is to discontinue use of the Halsbrook Services.
If you are a user from New Jersey, the foregoing sections titled “Disclaimer Of Warranties” and “Limitation Of Liability” are intended to be only as broad as is permitted under the laws of the state of New Jersey. If any portion of these sections is held to be invalid under the laws of the state of New Jersey, the invalidity of such portion shall not affect the validity of the remaining portions of the applicable sections.
Please read this section carefully as it affects your rights.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Halsbrook, whether arising out of or relating to these Terms (including any alleged breach thereof), the Halsbrook Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Halsbrook are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You and Halsbrook agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Halsbrook agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
Halsbrook is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected] If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Halsbrook should be sent to [email protected] (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Halsbrook and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Halsbrook may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Halsbrook or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Halsbrook is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration . If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Halsbrook and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Halsbrook agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Halsbrook will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Halsbrook will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Halsbrook will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms will continue to apply.
Notwithstanding any provision in these Terms to the contrary, Halsbrook agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Halsbrook written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
You agree that Halsbrook, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Halsbrook Services and remove and discard any content within the Halsbrook Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer information, content or accounts to law enforcement authorities. Halsbrook will not be liable to you or any third-party for any termination of your access to the Halsbrook Services.
The Terms constitute the entire agreement between you and Halsbrook and govern your use of the Halsbrook Services, superseding any prior agreements between you and Halsbrook with respect to the Halsbrook Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. 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. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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