Introduction
Welcome to the Hand Out Gloves website (the “Site”). This Site is owned and operated by Hand Out Gloves LLC (“Hand Out Gloves”, “we” or “us”). These Terms of Use (“Terms”) govern your use of this Site.
Please read these Terms carefully before using this Site as they contain important information about your legal rights, remedies and obligations. By accessing or using this Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use this Site.
Definitions
The following definitions apply to these Terms:
- “Content” means any information, data, text, photos, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Hand Out Gloves on or through this Site.
- “Services” means any services provided by or enabled by Hand Out Gloves through this Site.
- “User” refers to any individual or entity that uses this Site.
Acceptance of Terms
By using this Site, you agree to be bound by and comply with these Terms and with the Privacy Policy, which is hereby incorporated by reference into these Terms. We reserve the right to modify these Terms at any time, and without prior notice, by posting a revised version of these Terms on this Site. These changes will be effective as of the date we post the revised Terms. Your continued use of this Site after any modifications to the Terms constitutes your acceptance of the Terms as modified.
Description of Services
Hand Out Gloves provides an e-commerce website where Users can browse and purchase gloves and mittens designed for various activities and weather conditions. We work to source high quality gloves from reputable brands and manufacturers in order to offer Users reliable cold weather hand protection at competitive prices.
User Account and Profile
To purchase products on this Site, you must register and create an account. When you create an account, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes.
You are solely responsible for any activity that occurs in your user account. You may not share your account credentials with any third party, and you must safeguard the confidentiality of those credentials. You must immediately notify us if you suspect any unauthorized use of your account. You are liable for any losses incurred due to unauthorized use of your account.
Orders and Payment
You agree to pay the prices displayed for the products you purchase through this Site. All payments will be processed by Stripe, a third-party payment processor. We reserve the right to correct pricing errors. If payment cannot be processed or is reversed, your order may be cancelled.
You must be at least 18 years old to make purchases through this Site. By submitting payment information, you represent that you have the legal right to use the payment method specified.
All sales are final. We do not accept returns or provide refunds except in our sole discretion.
Shipping and Delivery
We will arrange for shipment of any products you purchase through this Site to the delivery address you specify at checkout. Shipping fees will apply based on your location and delivery preferences. Title and risk of loss pass to you upon our transfer of the products to the carrier. We are not liable for delays in shipment caused by events outside our control.
User Content
If you submit, upload, or otherwise make available any reviews, photos, videos, graphics, suggestions, information, data, or other content (“User Content“) to this Site, you grant Hand Out Gloves a perpetual, worldwide, transferable, sublicensable, non-exclusive, royalty-free license to reproduce, modify, create derivative works from, distribute, publicly display, and publicly perform the User Content.
You warrant that any User Content you provide: (1) will not infringe any third party intellectual property or proprietary rights; and (2) will comply with applicable laws. You hereby waive any moral rights you may have in any User Content. We reserve the right to remove any User Content from this Site at our discretion.
Acceptable Use
You agree not to misuse this Site or assist anyone else in doing so. For example, you must not:
- Provide false or misleading information to us;
- Infringe on our or any third party’s intellectual property rights;
- Distribute viruses, malware, corrupted files, or any other similar software or technology;
- Circumvent, disable, or otherwise interfere with security-related or technical features or protocols of this Site;
- Engage in scraping, data mining, harvesting, screen scraping, extraction or duplication of content from this Site;
- Use any robot, spider, crawler, scraper or other automated means to access this Site;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or
- Utilize any device, software or routine that interferes with the proper working of this Site.
You agree to immediately notify us if you know or suspect that prohibited conduct or Content is occurring on this Site.
We reserve the right to terminate your access to this Site if you repeatedly infringe or are reasonably suspected of infringing these Terms.
Intellectual Property
Hand Out Gloves retains all right, title and interest in and to this Site, the Content, and all related intellectual property and proprietary rights. These Terms do not grant you any license or ownership interest in this Site, the Content, or any intellectual property or technology of Hand Out Gloves.
Disclaimers
THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAND OUT GLOVES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HAND OUT GLOVES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR ANY CONTENT WILL BE UNINTERRUPTED, SECURE, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED. YOU USE THIS SITE AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL HAND OUT GLOVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ANY CONTENT, EVEN IF HAND OUT GLOVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HAND OUT GLOVES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO HAND OUT GLOVES, IF ANY, FOR ACCESSING OR USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will indemnify, defend and hold harmless Hand Out Gloves and our affiliates, directors, officers, stockholders, employees, licensors, agents, representatives and third party providers from and against any and all complaints, claims, losses, damages, liabilities, costs and expenses (including attorneys’ fees) arising from or relating to your use of this Site, any Content you provide, or any violation of these Terms.
Changes and Updates
We reserve the right, at our sole discretion, to modify these Terms, in whole or in part, at any time. Updated versions of these Terms will be posted on this Site and are effective immediately. You should check back frequently to ensure you are familiar with the current version. Your continued use of this Site after any changes to the Terms constitutes your acceptance of the new Terms. If any change to these Terms is not acceptable to you, your sole recourse is to stop accessing this Site.
Governing Law and Disputes
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating in any way to these Terms or your use of this Site shall be resolved exclusively by confidential binding arbitration in Nashville, Tennessee, rather than in court. The arbitration will be conducted by the American Arbitration Association under its Commercial Arbitration Rules applying Tennessee law.
Miscellaneous
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure or delay of Hand Out Gloves to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You may not assign any part of these Terms without our prior written consent.
Contact Us
Please contact us with any questions about these Terms and Conditions:
Hand Out Gloves
123 Main Street
Nashville, TN 37201
Email: [email protected]