TERMS OF SERVICE - Hemispheres for All

OVERVIEW

This website is operated by Hemispheres for All, LLC, and the terms “we”, “us” and “our” refer to Hemispheres for All, LLC. This website, including all information, tools and services available from this site, are offered by Hemispheres for All, LLC, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing product(s) from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including all additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of our website, including without limitation users who are browsers, vendors, customers, merchants, distributors, resellers, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use any services, and we kindly ask that you refrain from accessing the website or from using any services we offer to our users. If these Terms of Service are legally considered an offer, legal acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to this page of our website. It is your responsibility, as a user of our website, to check this page periodically for changes. Your continued access of the website, or use of the website, following the posting of any changes constitutes your express acceptance of those changes.

Our store is hosted by and through Shopify Inc., who provides us with the online e-commerce platform that allows us to sell our products and services directly to you.

GENERAL CONDITIONS

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

We reserve the right to refuse service to anyone for any reason at any time.

You expressly understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without prior express written permission by us.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. Dimensions and other details provided about our products are provided as estimates only.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You agree to provide current, complete and accurate purchase and account information for all purchases made through our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You shall not use our products for any illegal or unauthorized purpose. In using the Service, you shall not violate any laws in your jurisdiction (including but not limited to copyright laws, patent laws, and trademark laws).

You shall not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. For example and without limitation, these restrictions may include 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. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

For information about return of product purchased through our online store, please review our Returns Policy.

ACCURACY OF INFORMATION

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available on this site is not accurate, complete or current. Reliance on the content featured on this site is made at your own risk.

You expressly agree that it is your responsibility to monitor changes to our site. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, including after you have submitted your order, without prior notice to you.

Other than as required by law, we shall have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

THIRD-PARTY CONTENT AND TOOLS

We may provide you with access to third-party content and tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such third-party content and tools “as is” and “as available,” that is: without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party content or tools, including any third-party content and tools that are found on or through our website.

Any use by you of third-party content and tools offered through this website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such third-party content and tools are provided by the relevant third-party source(s) of the third-party content and tools.

From time to time, we may offer new services and/or features through this website, possibly including the release of new tools and resources. Such new services and/or features shall also be subject to these Terms of Service.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of information appearing on such third-party links, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, including but not limited to direct damages, consequential damages, and pain & suffering damages that you may incur. Please review carefully the third-party(ies)’s policies and practices and make sure you understand them before you engage in any transaction. We shall have no obligation to respond to any complaints, claims, concerns, or questions regarding third-party products; any such complaints, claims, concerns and questions shall instead be directed by you to the relevant third-party.

USER COMMENTS, FEEDBACK AND OTHER USER-PROVIDED SUBMISSIONS

If you send certain specific submissions (for example contest entries submitted at our request) or creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may—but shall have no obligation to—monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.

Your comments shall not violate any right of any third party, including patent, copyright, trademark, privacy, personality or other personal or proprietary right. Your comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You shall be solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through our online store is governed by our [Privacy Policy] .

PROHIBITED USES

In addition to other prohibitions found in these Terms of Service, you are prohibited from using the website or any of its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free; or that the results that may be obtained from the use of the service will be accurate or reliable.

You hereby expressly agree that we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You hereby expressly agree that your use of the service, or inability to use the service, is at your sole risk. Except as expressly stated by us, the service and all products and services delivered to you through the service are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hemispheres for All, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless Hemispheres for All, LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms of Service.

TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Regardless of the manner of termination, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us, and govern your use of the Service. These Terms of Service supersede any prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written (including, but not limited to, any prior versions of these Terms of Service).

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Illinois, without regard to its choice of law provisions.

CHANGES TO TERMS OF SERVICE

You may and should review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about these Terms of Service should be sent to us by e-mail at info@tryhemispheres.com .