TABLE OF CONTENTS
- Terms and Restrictions on Use
- Responsibility for Minors
- Conduct of User
- Disclaimer of Warranties
- Limitation of Liability
- Disclaimer Regarding Third Party Content
- Professional Information Disclaimer
- Indemnity and Release
- Limitation of Actions
- Intellectual Property Infringement Claims
- Arbitration, Governing Law and Convention for Disputes
- Non-Waiver and Separability
- Relationship of Parties
- Termination; Survival
- Communications with Users
- Free Stuff
- Online Shopping
2. TERMS AND RESTRICTIONS ON USE
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to https://www.hullshop.com/ or another of the URLs associated with the Hullshop Network. The majority of the Hullshop Network’s content is comprised of online shopping offers; individuals who are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. Minors, under the age of 18, are not permitted to access the Hullshop Network without parental consent. If Hullshop learns that anyone under the age of 13 has accessed the Products and Services, Hullshop will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Hullshop does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other private status.
4. RESPONSIBILITY FOR MINORS
If you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor’s access to and use of the Products and Services; and (c) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE HULLSHOP NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
5. CONDUCT OF USER
The Hullshop Network does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Hullshop Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services.
6. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, HULLSHOP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, HULLSHOP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. HULLSHOP ALSO DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HULLSHOP DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. HULLSHOP DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. HULLSHOP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the abovementioned disclaimers may not apply to you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL HULLSHOP OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF HULLSHOP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE HULLSHOP NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL Hullshop, ITS EMPLOYEES, LICENSORS, AFFILIATES, ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES OR AGENTS OR ANY THIRD PARTIES MENTIONED IN HULLSHOP’S NETWORK OF WEBSITES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE HULLSHOP’S NETWORK OF WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Hullshop IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Hullshop SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100. HULLSHOP’S NETWORK OF WEBSITES ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE, OR CONTENT. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.
UNDER NO CIRCUMSTANCES SHALL HULLSHOP OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the abovementioned limitation may not apply to you.
8. DISCLAIMER REGARDING THIRD PARTY CONTENT
The Hullshop Network offers access to numerous third party web pages and content available over the Internet. Hullshop has no control whatsoever over the content over the sites displayed as search results or contained within a directory of links. Hullshop may set guidelines for what may or may not appear on its web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the Hullshop Network from such sources is developed by people over whom the Hullshop Network exercises no control. The search results from the Hullshop Network are entirely from third party companies, not Hullshop; Hullshop has no control over the search results queried from its websites. Accordingly, neither the Hullshop Network nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the Hullshop Network web sites.
9. PROFESSIONAL INFORMATION DISCLAIMER
THE HULLSHOP NETWORK STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
10. INDEMNITY AND RELEASE
By using the Hullshop Network web sites you agree to indemnify Hullshop and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Hullshop Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Hullshop or from any person’s use of any account or password you maintain with any portion of the Hullshop Network, regardless of whether such use is authorized by you. By using the Hullshop Network, using the Products and Services, or submitting any ideas and/or related materials to Hullshop, you are hereby agreeing to release Hullshop and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Hullshop. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES, SPECIFICALLY THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Hullshop Network or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
12. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of the Hullshop Network to rapidly respond to claims of intellectual property infringement. Hullshop will hastily 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. Upon receipt of notices complying or substantially complying with the DMCA, the Hullshop Network will act swiftly to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act quickly to remove or stop access to any reference or link to material or activity that is claimed to be infringing. The Hullshop Network will terminate access for account holders who are repeat infringers. Notices of claimed infringement should be directed to:
Infringement Claim Officer
P.O. Box 551
Cary, IL 60013-0551
Or, you may Email us
Please put “To: Infringement Claim Officer” in the subject line of all such notifications.
13. ARBITRATION, GOVERNING LAW AND CONVENTION FOR DISPUTES
16. NON-WAIVER AND SEPARABILITY
17. RELATIONSHIP OF PARTIES
18. TERMINATION; SURVIVAL
19. COMMUNICATIONS WITH USERS
You consent to receive communications electronically from Hullshop. Hullshop may provide these communications to you by sending an email to the email address you provided in connection with a purchase you made on the Hullshop Network or by posting the communication on the Hullshop Network. You will not receive communications by telephone or by postal mail unless otherwise requested by you; Hullshop has the right to reject, for any reason, any type of communication requested by you, unless otherwise legally obligated.
In order to receive communications with Hullshop, a valid email address to which Hullshop may send electronic mail is needed. Your computer must also have a modem or other means of Internet access, an Internet browser, and email software (usually available for free on the Internet).
Hullshop Abuse Supervisor
P.O. Box 551
Cary, IL 60013-0551
Or, you may Email us
21. FREE STUFF
Hullshop offers a wide variety of free stuff via www.hullshop.com and its free stuff websites, which can all be found at www.hullshop.com/network-websites/. All free stuff offers listed on our network of free stuff sites is offered by third party companies, and not Hullshop. The content inside the Free Stuff Newsletter is comprised of free stuff from third party companies. Please contact these third party companies, not Hullshop, with any questions you have regarding the free stuff. Some free stuff does require a shipping and handling and/or processing fee. Be aware of these costs before signing up for or purchasing free stuff.
22. ONLINE SHOPPING
Last updated November 2010