Terms & Conditions

Effective Date: April 2, 2012

Thank you for visiting the Half Hitch Goods, LLC (“Half Hitch Goods”) website.  This website is owned and operated by Half Hitch Goods, LLC, ("we," "us," or "the Company").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  

Overview 

All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.  When you visit this website, you automatically agree to be bound by these Terms of Use.  Internet technologies, and the laws related to them, change frequently, and accordingly, Half Hitch Goods reserves the right to modify or terminate these Terms of Use, or any part of them, without notice at any time, for any reason.  We will note the updated date at the top of this page.  If you do not agree to any change, you must immediately stop using and accessing the website.  

Use of Site 

No person under the age of 18 may use this website without the permission and supervision of a parent or legal guardian.  Your use of this website will be deemed to be a representation that you are 18 years of age or older or using this website with the permission of your parent or legal guardian.

Creating an Account: You may create your own account by completing the online registration process on this website.  In doing so, you must provide us with accurate and complete registration information, and update it if this information changes.  It is particularly important to keep the email address associated with your account current because, although you may be able to log into this website using an old email address, you will not be able to receive messages from us.

Following registration, we will create an account for you and assign you, or allow you to select, a password.  You must keep your password confidential.  You will be responsible for all use of your password, including, without limitation, any use by any unauthorized third party.  You must notify us immediately if you believe your password may be used by any unauthorized person or entity.  For security purposes, we recommend you change your password often.  Under no circumstance should you respond to a request for your password from anyone.

You will not submit any material which contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Half Hitch Goods website or any connected network, or otherwise interferes with any person’s or entity’s use or enjoyment of the Half Hitch Goods website.

Typographical Errors: In the event that a Half Hitch Goods product is mistakenly listed at an incorrect price, Half Hitch Goods reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Half Hitch Goods reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Half Hitch Goods shall issue a credit to your credit card account in the amount of the incorrect price.

Privacy: We value your privacy.  You must read our Privacy Policy, which details our privacy policy and practices.  In addition to these Terms and Conditions, the Privacy Policy also governs your visit to this website, and by using this website, you agree to be bound by the terms of our Privacy Policy.

Limitation of Warranty 

The information on the website is provided “as is” and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose.  Half Hitch Goods makes no representations or warranties about the accuracy, completeness, or suitability of any of the material on this website.  Half Hitch Goods makes no warranty that the website will be available, uninterrupted, error-free, or free of viruses or other harmful components.  Half Hitch Goods further makes no warranty that you will achieve successful results from following any instructions or directions on the website. 

Third-Party Links: The foregoing also applies to any information in any websites hyperlinked to this website.  Such links are provided for your reference only.  Half Hitch Goods does not control such third party sites and is not responsible for the content of or any products or services offered on those sites.  Third-party sites have separate privacy and data collection practices, independent of Half Hitch Goods.  The material could contain inaccuracies or be outdated.  Linked sites are only for your convenience and therefore you access them at your own risk.

Limitation of Liability and Damages

In no event will Half Hitch Goods be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising out of or in connection with the website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Half Hitch Goods, or representatives thereof, are advised of the possibility of such damages, losses or expenses.  You fully assume all risk and responsibility for your use of the content of this website and all products sold thereon.  Certain state laws do not permit limitations on implied warranties or exclusions on warranties, so the above limitations may not apply to you and you may have additional rights.  

Indemnification

You agree to indemnify, defend, and hold harmless Half Hitch Goods, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

User Submissions & Responsibilities 

You will not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law or seek to exploit or harm children.  You are solely responsible for any material you submit to us.  You represent and warrant that you own or otherwise have rights to use the Submitted Information; that the same is accurate; and that use of the Submitted Information will not cause injury to any person or entity. 

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden.  Impersonation of others, including a Half Hitch Goods or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.  You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. 

Participation Disclaimer: Half Hitch Goods does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Half Hitch Goods is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, Half Hitch Goods reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Half Hitch Goods in its sole discretion.

Submitted Information: If you submit information to us or post information or materials to the website, excluding financial information, but including any comments, remarks, suggestions, ideas, notes, drawings, graphics, video or other media materials, concepts or other information (collectively, the “Submitted Information”), you are giving the Submitted Information to Half Hitch Goods free of charge, and subject to the Half Hitch Goods Privacy Policy, the Submitted Information will be treated as non-confidential and non-proprietary and may be used by Half Hitch Goods for any purpose, without your consent or any compensation to you or anyone else.  This is true whether you submit such information to us by email, through a form on the website, on a public forum, or in any other manner.  Submitted Information may be readily viewed by Half Hitch Goods and the general public.

You grant Half Hitch Goods a royalty-free, perpetual, irrevocable, and fully sublicensable right to use such Submitted Information throughout the world in any media for any purpose.  You further grant Half Hitch Goods [and our sublicensees] the right to use the name that you submit with the Submitted Information.  You waive any rights you may have in modifications or alterations to your Submitted Information.  In addition, you hereby waive all moral rights you may have in the Submitted Information.

If you believe that any Submitted Information has been used on the website in a manner that violates an intellectual property right or other proprietary right, please contact us at Hello@HalfHitchGoods.com.

Our Intellectual Property

Copyright: The entire content included in this site, including but not limited to text, graphics, images, illustrations, photographs, text, video, or code is copyrighted under the United States and other countries’ copyright laws, and is the property of Half Hitch Goods.  The collective work includes works that are licensed to Half Hitch Goods.  Copyright 2012, Half Hitch Goods ALL RIGHTS RESERVED.  Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Half Hitch Goods or purchasing Half Hitch Goods products.  

You may display portions of the material from this site solely for your own non-commercial use. In addition, subject to any expressly stated restrictions or limitations relating to specific material, you may download or print portions of this site solely for your own non-commercial use or to place an order with Half Hitch Goods.  Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Half Hitch Goods.  You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks—All trademarks, service marks, trade dress and trade names of Half Hitch Goods used in the site are trademarks or registered trademarks of Half Hitch Goods.

Miscellaneous Terms

Termination of this Agreement: The provisions relating to Copyrights and Trademark shall survive Half Hitch Goods' termination of a user’s account and usage privileges.

Sever-ability: Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity and enforcement of the remaining provisions of this Agreement shall not be affected or impaired.

Applicable Law and Legal Claims: Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N.  Convention on contracts for the international sale of goods.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Half Hitch Goods products) shall be in the state or federal courts located in San Francisco, California.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Half Hitch Goods products) must be commenced within one (1) year after the claim or cause of action arises.  Half Hitch Goods' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  Half Hitch Goods may assign its rights and duties under this Agreement to any party at any time without notice to you.

Special Online Events: We may from time to time expressly request submissions of concepts, stories, or other content from you for various website features including contests and promotions.  You understand and agree that you will read any specific rules or other terms and conditions which relate to such features and which govern those submissions.  Such rules and/or other terms and conditions shall be incorporated into this Terms of Use Agreement.

Usage Analysis: Through your usage of the website, you may submit and/or Half Hitch Goods may gather and track your page views, how you came to visit the site, and length of time viewing pages.  Half Hitch Goods is free to use such information for internal studies and analysis.