HAMPTON PRODUCTS INTERNATIONAL CORPORATION WEBSITE TERMS OF SERVICE

 

These Terms and Conditions ("Terms ") govern your use of our Hampton Products International Corporation (“Hampton”) website located at www.hamptonproducts.com, our other associated websites, and services including web services provided on or through our websites (collectively, our "Services"). The Services are the property of Hampton. If you do not agree with these Terms, do not intend to comply with the Terms, or to do business electronically, do not use our Services.

Hampton may modify these Terms at any time and without notice. Please review the Terms before using our Services. By continuing to use the Services after changes in the Terms have been posted on our website(s), you agree to be bound by the most current version of the Terms. In the event of any conflict between these Terms and the terms of any other offer for the Services, these Terms will govern.

All content in our Services including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, is the property of Hampton, and may not be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Hampton’s express prior written consent.

Subject to the terms and conditions of this Agreement, you are granted a limited non-transferable, non-exclusive license to enter and use the Services. You may download and use the information provided in our Services on any products and services offered by Hampton, provided that you use such information only for your personal, non-commercial informational purpose and agree not to or enable others to, disrupt or interfere with the Services, conduct any unlawful activity, gain unauthorized access, copy, modify, make derivative works of, disassemble, attempt to derive the source code of, decrypt, reverse compile or reverse engineer any part of the Services, except as and only to the extent any foregoing restriction is prohibited by applicable law.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Services, including contests, promotions or other similar features. You agree to abide by such additional terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Services, the latter terms shall control with respect to your use of that portion of the Services.

Hampton may make changes to any products or services offered on the Services, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Services with respect to products and services may be out of date, and Hampton makes no commitment to update the materials on the Site with respect to such products and services.

Certain features or services offered on or through the Services may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Hampton immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Hampton or any other user of or visitor to the Services due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Hampton cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Hampton’s Privacy Policy applies to use of these Services. To view Hampton’s Privacy Policy, click here. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Services may be read or intercepted by others, even if indicated as encrypted.

HAMPTON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AS TO THE AVAILABILITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND ALL ASSOCIATED SERVICES AND INFORMATION OR FOR ANY THIRD-PARTY COMPONENTS PURCHASED BY YOU OR THIRD-PARTY SERVICE PURCHASED BY HAMPTON. THE SERVICES ARE BEING PROVIDED TO YOU ON "AS-IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, OR STATUTORY.

THE THIRD-PARTY LINKS, RESOURCES, AND CONTENT AVAILABLE WITH THE SERVICES ARE NOT CONTROLLED BY HAMPTON, AND HAMPTON DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH THIRD-PARTY LINKS, RESOURCES, AND CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HAMPTON WILL NOT BE LIABLE FOR YOUR ACCESS TO, USE OF OR DOWNLOADING OF CONTENT AVAILABLE ON OR THROUGH, THE SERVICES.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISLCAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

HAMPTON DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR IT ANY OBLIGATION OR LIABILTY IN CONNECTION WITH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAMPTON, ITS SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, PERSONAL OR REAL PROPERTY DAMAGE, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR NEGLIGENCE) AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IF HAMPTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN ANY WAY RELATED TO (a) THE USE OF OR INABILITY TO USE THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (c) ANY OTHER MATTER RELATING TO THE SERVICES. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL AND DISCONTINUE USING THE SERVICES. IN NO INSTANCE WILL HAMPTON’S LIABILITY TO YOU EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM AT ISSUE AND YOU AGREE THAT THIS LIMITATION REPRESENTS A REASONABLE ALLOCATION OF RISK. THE FOREGOING EXCLUSIONS AND LIMITATIONS WILL APPLY REGARDLESS OF ANY ALLEGATION OR FINDING THAT A REMEDY FAILED OF ITS ESSENTIAL PURPOSE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) AND EVEN IF HAMPTON OR OTHERS WERE ADVISED OR AWARE OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.

BY REGISTERING FOR THE SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HAMPTON, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, PROCEEDINGS, SUITS AND ACTIONS, INCLUDING ANY RELATED LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, JUDGMENTS, SETTLEMENTS, EXPENSES (INCLUDING ATTORNEYS' AND ACCOUNTANTS' FEES AND DISBURSEMENTS) AND COSTS INCURRED BY, BORNE BY OR ASSERTED AGAINST HAMPTON TO THE EXTENT SUCH CLAIMS IN ANY WAY RELATE TO, ARISE OUT OF, OR RESULT FROM YOUR USE OF THE SERVICES.

Hampton may disclose any information we have about you (including your identity) as outlined in our Privacy Policy.

You agree that Hampton may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Hampton, for which monetary damages would be inadequate, and you consent to Hampton obtaining any injunctive or equitable relief that Hampton deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hampton may have at law or in equity.

Hampton may terminate your access to the Services, for cause, which includes requests by law enforcement or other government agencies, a request by you, discontinuance or material modification of the Services, or unexpected technical issues or problems.

Instead of suing in court, you and Hampton agree to resolve all disputes and claims between us only by binding and bilateral arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HAMPTON ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. However, just as a court would, the arbitrator can award damages and relief, including any attorneys’ fees if authorized by law. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

If any provision of these Terms is prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition of unenforceability, without invalidating any of the remaining provisions.

The obligations of you under these Terms that by their nature would continue beyond the termination of these Terms including, but not limited to, those sections relating to Fees and Indemnification will survive any termination.

You agree that Hampton will not be liable to you or to any third party for termination of your access to the Services as a result of any violation of these Terms.

Hampton may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights, including patents, trademarks, and copyrights, or to prevent loss of data or damage to its servers or Services.

In the event Hampton seeks legal action against you for collection of any Fees or to enforce its rights and your obligations under these Terms, Hampton is entitled to recover from you its reasonable costs and expenses including, but not limited to, reasonable attorneys’ fees incurred as a result.  The rights and remedies provided to Hampton under these Terms are in addition to any other remedies available at law or in equity.

The United Nations Convention on the International Sale of Goods is explicitly excluded from this Agreement.

These Terms and any action related thereto or related to Services shall be governed, controlled, interpreted, and defined by and under the laws in effect in the State of California, without regard to conflicts of law principles. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue.

These Terms represent the entire agreement and understanding of the parties with respect to the subject matter of these terms and conditions and supersedes all prior agreements and understandings between the parties, whether oral or written, with respect to this subject matter.

If you have any questions regarding these Terms or any terms referenced herein, please contact Hampton in any manner as follows:

Address: Hampton Products International Corporation, 50 Icon, Foothill Ranch, CA 92610-3000. Attention: Consumer Care

Phone: 800.562.5625

BY USING THE SERVICES, I REPRESENT THAT I HAVE READ AND UNDERSTAND THESE ENTIRE TERMS, AND I AGREE TO ALL THE TERMS AND CONDITIONS OF THE SERVICES AS STATED ABOVE