Terms of use

7/2/2014

 

Terms of Use

Welcome to the Hardwick Clothes website, hardwick.com (the "Site").  Except as otherwise noted, these terms and conditions (the “Terms") govern your use of the Site. Please read these Terms carefully, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. Hardwick Clothes reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. Hardwick Clothes provides you with access to and use of the Site subject to your compliance with the Terms. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. The Site, including all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, "Materials and Content"), is Hardwick Clothes property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright laws. Except as otherwise provided on the Site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of Hardwick Clothes. We grant you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Prohibited Uses

The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Hardwick Clothes specifically prohibits any use of the Site, and you agree not to use the Site, for any of the following:

Limits on Purchases

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on some items or purchases from time to time.  We also may, among other things, restrict orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of law or our policies. We further reserve the right to cease doing business with customers who violate our policies. We may modify our policies at any time without prior notice. This policy applies to all purchases of Hardwick Clothes merchandise, including, but not limited to, all purchases made at any retail stores we may operate, sample sales, warehouse sales, and through our catalogues and websites.

Security Rules

Violations of system or network security may result in civil or criminal liability. Hardwick Clothes will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

International Use

We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Wherever you are located, you agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.  By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under applicable laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.

Product and Pricing Information

Although Hardwick Clothes has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Hardwick Clothes cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change at any time and without notice. Hardwick Clothes is not responsible for, and reserves the right to correct, typographical errors and other errors regarding price or any other matter.

Proprietary Rights

As between you and Hardwick Clothes (or any other company whose marks appear on the Site), Hardwick Clothes (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Hardwick Clothes logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Hardwick Clothes Intellectual Property") are owned by Hardwick Clothes and may be registered in the United States and internationally. You agree not to display or use the Hardwick Clothes Intellectual Property in any manner without Hardwick Clothes' prior written permission. Nothing on the Site should be construed to grant any license or right to use any Hardwick Clothes Intellectual Property without the prior written consent of Hardwick Clothes.  Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by Hardwick Clothes. If you make use of the Site other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.

User Content

Any and all content, comments, feedback, suggestions, ideas, concepts, questions or other communications (collectively, "User Content") that you submit or post on the Site shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Hardwick Clothes and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce or use the User Content in any commercial or non-commercial manner whatsoever. Hardwick Clothes will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Hardwick Clothes shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Hardwick Clothes retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.  By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Hardwick Clothes and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees, including reasonable attorneys’ fees, arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

Privacy Policy

Notwithstanding anything else to the contrary contained in these Terms, Hardwick Clothes' use of any personally identifiable information (name, address, phone numbers, emails address, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Hardwick Clothes' protection of your personal information, please refer to our Privacy Policy page.

Disclaimers and Limitation of Liability

Hardwick Clothes publishes information on its Site as a convenience to its visitors. While Hardwick Clothes attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Hardwick Clothes products described in the Site may not be available in your region or may have been discontinued.  Hardwick Clothes does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions or at all times.

 

You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." HARDWICK CLOTHES DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  HARDWICK CLOTHES DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.  HARDWICK CLOTHES MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Hardwick Clothes makes no warranties of any kind regarding any non-Hardwick Clothes sites to which you may be directed or hyperlinked to or from this Site. Hyperlinks are included solely for your convenience, and Hardwick Clothes makes no representations or warranties with regard to the accuracy, availability, suitability or safety of such non-Hardwick Clothes sites or any information contained in such sites. Hardwick Clothes does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

 

IN NO EVENT SHALL HARDWICK CLOTHES, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF HARDWICK CLOTHES OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold Hardwick Clothes, its shareholders, directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.

Disputes

These Terms, your visit to the Site, and any purchase, return or other transaction with Hardwick Clothes shall be governed by, construed and enforced exclusively in accordance with the laws of the State of Tennessee, U.S.A., without giving effect to any conflict of law provisions.  Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Hardwick Clothes shall be submitted to confidential and binding arbitration in Bradley County, Tennessee, U.S.A.  However, if you have in any manner violated or threatened to violate any Hardwick Clothes Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Tennessee. You consent to exclusive jurisdiction and venue in these forums. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you and we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

General Information

These Terms constitute the entire agreement between you and Hardwick Clothes with respect to this Site, and govern your use of the Site, and they supersede any prior agreements between you and Hardwick Clothes regarding the Site. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Hardwick Clothes may deny you access to the Site at any time, immediately and without notice, if in Hardwick Clothes' sole discretion you fail to comply with any provision of these Terms.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between Hardwick Clothes and you as a result of these Terms or your use of the Site.

 

Any claim or cause of action you may have with respect to Hardwick Clothes or the Site must be commenced within one (1) year after the claim or cause of action arose.

 

The failure of Hardwick Clothes to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

 

You may not assign the Terms or any of your rights or obligations under the Terms without Hardwick Clothes' express written consent. The Terms inure to the benefit of Hardwick Clothes' successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

 

To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our  feedback tab.