Effective as of April 16, 2015
TERMS AND CONDITIONS
- LICENSE GRANT. This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the Website solely for your personal use or your internal business purposes.
- License The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted by this Agreement, (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof). In addition, You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.
- USER OBLIGATIONS. Subject to Humdinger’s right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the Website, including meeting any requirements of your contracts with third parties or other persons.
- PROPRIETARY RIGHTS. The contents of the Website, including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, artwork, computer code (including html code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website (collectively, “Material”) unless otherwise indicated, are owned, controlled, and licensed by Humdinger or its licensors. Any rights granted hereby are expressly licensed. Humdinger does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual property interest or title in or to the Website (or any part thereof) to You or anyone else. Accordingly, your unauthorized use of the Website (including any Material) may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. The Website and Material is Copyright ©2014 HOOKER ENTERPRISES, INC. d/b/a/ HUMDINGER and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the Website or Material, including notices on any audio/visual material You access, download, transmit, display, print or reproduce from the Website. You shall not, nor will You allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Humdinger or its owner if Humdinger is not the owner. Humdinger and all other names, logos, and icons identifying Humdinger and its products and services are proprietary trademarks of Humdinger (or its affiliates), and any use of such marks, including, without limitation, as domain names or account identifiers, without the express written permission of Humdinger is strictly prohibited. Other product and company names mentioned herein or on the Website may be the trademarks and/or service marks of their respective owners.
- LINKS TO OTHER SITES. Humdinger may provide links, in its sole discretion, to other sites from which You can purchase goods or services from third party merchants. Humdinger is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by Humdinger and are maintained by third parties over which Humdinger exercises no control. Accordingly, Humdinger expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Website, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between You and such merchant or advertiser.
- OFFERS AND PROMOTIONS. Humdinger distributes third party product information and product promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. It is Your responsibility to ensure that a discount, free offer or other promotional offer is present during the checkout process at the selected merchant website from which you purchase a product. All featured offers and promotions are subject to change without notice and Humdinger does not exercise any control over the ability of any merchant to complete the sale in accordance with such offers and promotions.
- PRODUCT DISPLAY AND COLORS. Humdinger does not guarantee that the color of the product images on the Website matches the actual color of the products. Please note that the appearance of colors on the Website may be influenced by the monitor You use to view the Website.
- Mobile Services. The Website may include certain services that are available to You via your mobile phone or other mobile device if You have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Humdinger, and access certain other features (collectively, “Mobile Services”). Although Humdinger does not charge You for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, You are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, You agree that Humdinger may communicate with You by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Humdinger. In the event You change or deactivate your mobile telephone number, You agree promptly to update your mobile subscription account information to ensure that the messages Humdinger intends to send to You are not sent to another person who acquires your former mobile telephone number.
- Humdinger welcomes your feedback and suggestions about Humdinger’s products or services or with respect to how to improve the Website. But, by transmitting any feedback or suggestions and any related information, material, or other content (collectively, “feedback”) to Humdinger, You represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that You have all rights necessary to convey such feedback to Humdinger. In addition, any feedback received by Humdinger will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Humdinger to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such information, material, or content, and You hereby waive any claim to the contrary.
- REPRESENTATIONS AND WARRANTIES. You represent and warrant to Humdinger that (i) You are at least the legal age of majority, (ii) You are authorized to enter into this Agreement, (iii) You will access and view the Website and the Materials for your personal, non-commercial use only; (iv) You will not use the Website or the Materials for any purpose or in any manner that violates any law or regulation or that infringes the rights of Humdinger or any third party; (v) any information or data provided to Humdinger by You will not violate any law or regulation or infringe the rights of Humdinger or any third party; (vi) all information that You provide to us in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate; and (vii) You are authorized and able to fulfill and perform the obligations and meet the conditions of a user as specified herein.
- WARRANTY DISCLAIMERS. THE WEBSITE AND MATERIALS ARE PROVIDED “AS-IS”. HUMDINGER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. HUMDINGER ALSO DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. THE WEBSITE, THE MATERIALS AND ANY ASSOCIATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND HUMDINGER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITATION OF LIABILITY. You acknowledge and agree that Humdinger shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond Humdinger’ control, including, but not limited to, offers or promotions made available on the Website, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, governmental restrictions, or any claim, damage, or loss arising out of transactions or interactions between You, third party merchants or anyone else. You specifically acknowledge that Humdinger shall not be liable for defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. MOREOVER, YOU AGREE THAT IN NO EVENT SHALL HUMDINGER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST PROFITS, FOR LOST DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OR FOR ANY INFORMATION OR MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF HUMDINGER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, TOTAL LIABILITY OF HUMDINGER FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE, RESULTS FROM USE OF THE WEBSITE, OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD).
- GOVERNING LAW. This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of Hawaii, U.S.A., as applied to agreements entered into and completely performed in the State of Hawaii. The state or local courts in the State of Hawaii will have exclusive jurisdiction and venue over all controversies in connection with this Agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against Humdinger must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. In addition, You agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this Agreement and that each party has the right to seek attorneys’ fees in any proceeding. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in jud