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YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE GOODS DOES NOT AFFECT YOUR ELIGIBILITY AS AN AMATEUR ATHLETE. PLEASE CHECK WITH YOUR AMATEUR ATHLETIC ASSOCIATION FOR THE RULES THAT APPLY TO YOU. HIDOW IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE GOODS RESULTING IN YOUR LOSS OF ELIGIBILITY AS AN AMATEUR ATHLETE.
YOU AGREE THAT BY USING THIS WEBSITE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE.
Company’s sales of Goods are made pursuant to these Terms. If Company receives a Transaction order (defined below) or other document from you that limits, or purportedly limits, acceptance to its terms or states that Company’s acknowledgement, shipping of Goods, commencing work on an order, or other act or failure to act constitutes acceptance of any offer on the terms of the purchase order or other document, any responding document sent by Company which expresses acceptance or confirms the order is expressly conditioned on your assent to the terms set forth herein and in such Transaction, and in such responding document. Such assent shall be deemed given when the you accept shipment of any of the Goods described in any Transaction summary or invoice. Company hereby objects to, and rejects, any term contained in your purchase order or other document if the term is different from or in addition to the terms herein.
security and privacy measures and policies.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
YOU ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF THE SERVICES. You acknowledge that any limitations on Services will not be cause for a refund for any of Company’s Services or Goods.
The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 3556 E. Russell Road, 2nd Floor, Las Vegas, Nevada 89120, Attn: Royi Moas, Esq. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Company’s customer service at info@HiDow.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
The website, the Services, and the Goods are provided on an “as is” or “as available” basis, without any warranties of any kind. Company does not warrant the quality, accuracy, functionality, performance, merchantability, security, reliability, completeness, or timeliness of the Website, the Content, the Services, the Goods or any other information, text, graphics, links or other items contained within the Website’s Content or any third party website, or any other goods or services sold via the Services.
To the fullest extent permitted by law company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of the website, the content, the services, the Services or any other information, text, graphics, links or other items contained within the Website’s Content or any third party website, or any other Services or Goods received or purchased through or advertised on the Website, or accessed through any links on the Website.
All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Company makes no commitment to update the information, including the Services and Goods contained in, and sold through, the website. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and/or other equipment needed to access and use this website, and all charges related thereto. Your use of this website, the content and/or any of the Services or Goods or other products provided through the Website or any third party website are entirely done so at your own risk.
More specifically with respect to the Goods and other products sold via the Services (or otherwise on or through the Website or any third party website linked from the Website), Company expressly disclaims all warranties, express, implied or statutory with respect to the Goods, including, without limitation, warranties of merchantability and fitness for a particular purpose and any warranties arising from trade usage, course of dealing or course of performance. Any performance estimates described in any of Company’ written or electronic or magnetic media proposals or quotes or quotations, are only estimates and are not intended as express warranties. Any samples provided by Company for your use, and any descriptions, illustrations or other information in trade literature, brochures or other documentation or electronic media shall not be construed as warranties in any respect, and any failure to conform with such samples, descriptions, information, or illustrations shall not constitute any breach of these Terms. No sales personnel, employees, agents or representatives of Company and no third parties are authorized to make any representation, warranty or covenant, whether in writing or orally, on behalf of Company.
By placing an order with Company, you hereby affirm that you have not relied upon the skill or judgment of Company or any of Company’s agents, employees or representatives to select or furnish goods or materials for any particular purpose, and the sale is made without any warranty by Company that the material is suitable for any particular purpose.
Company warrants that all Goods, at the time of shipment by Company, shall reasonably conform to any specification set forth on the face of Company’s delivery receipt or invoice and shall conform to the description contained in the description of such Goods furnished by Company on the webpage on which a Transaction is initiated. Company’s warranty is limited to a period of thirty (30) days from the date of purchase of the Goods or the expected life of the purchased Goods, whichever is shorter. The Goods shall be subject to tolerances and variations consistent with standard industry practices. Company does not warrant against, and this limited warranty does not apply to, any non-conformity to the extent that such non-conformity results from damage, misuse, abrasion, negligence, accident, tampering, improper storage, or any other cause affecting the Goods after shipment of such Goods. If any defect in material or workmanship is discovered by you during the applicable warranty period in any of the Goods, as determined by Company’s inspection of the non-conforming Goods, your sole and exclusive remedy shall be as set forth in the following paragraph.
You shall have thirty (30) days from the date of purchase of the Goods to inspect the Goods to determine whether the Goods: (i) conform to the Transaction details in the manner set forth in the preceding paragraph, or (ii) are damaged, visibly defective or otherwise nonconforming. You must assert any claim for the foregoing within such thirty (30) day period by furnishing Company with detailed written information of such damage, nonconformance, defect or shortage (“Notice of Rejection”). Conditioned upon such Notice of Rejection, Company will, at Company’s option and as your exclusive remedy, (i) replace the Goods that are defective (the “Nonconforming Goods”) with new Goods at the time of shipment, (ii) repair the Nonconforming Goods, if applicable, or (iii) refund the purchase price allocated to the Nonconforming Goods. In the event inspection and a Notice of Rejection are not made within such thirty (30) day period, you shall be deemed to have accepted the Goods. No returns can be made without the prior authorization of Company and a pre-assigned return authorization number issued by Company. All returns are subject to inspection and acceptances by Company. When returns are accepted, they are subject to a handling and re-inspecting charge to be determined by Company. All returns shall be in accordance with Company’s specific shipping instructions.
You must immediately discontinue use of any item claimed to be defective. No charge by you for labor or expense required to repair defective material or occasioned by it will be allowed.
The return policy set forth in this Section 13(b) may be supplemented or superseded by any Company return policy separately posted on the Website; provided however, that to the extent such separately posted policy does not supersede the terms of this Section 13(b), this Section 13(b) shall still be in full force and effect.
You intend for this Section 15 to serve as a general release, and you recognize that you may have Claims of which you are totally unaware and unsuspecting, but that which you are nevertheless releasing and giving up by consenting to the Terms and using the Website, and providing the foregoing general release. You also acknowledge and agree that nothing contained in this Section 15 shall release or discharge you from you representations, warranties, covenants and agreements set forth in, and from your duties and obligations assumed under, these Terms. You shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the Company and other parties released hereunder arising out of or in any way connected with any Claim that is released or discharged under these Terms. You represent and warrant to the Company that you have not assigned any Claim released or discharged under the Terms, and you shall indemnify, defend, protect and hold harmless the Company and other parties from and against any and all Claims that the Company and/or other parties shall suffer or incur as a result of or arising in connection with any breach of the foregoing representation and warranty.
If you contact Company’s customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company has no obligation to do so, and, if it does so, shall not be liable for any technical problems that may persist or arise with your computer after doing so.
You warrant, represent and agree that, by accessing and/or using of the Website, its Content and/or the Services and/or any User Content , you (i) do so with knowledge of any and all rights that you may have with respect to the provisions of these Terms, (ii) have carefully read and considered these Terms and fully understand its contents and the significance of its contents, (iii) are consenting to these Terms of your own informed and free will, based upon such party’s own judgment and without any coercion or fear of retaliation, and (iv) you have been afforded the opportunity to obtain independent legal advice with respect to these Terms.
The Terms and the relationship between you and Company shall be governed by the laws of the State of Nevada without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Clark, State of Nevada. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right you may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Clark, State of Nevada shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Content, any User Content, the Services and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Company agree otherwise, the trier of fact may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company’s rights and remedies will be unrestricted.
If any provision of these Terms as applied to any party or to any circumstance shall be found by a court of competent jurisdiction to be void, invalid or unenforceable, the same shall in no way affect any other provision of these Terms, the application of any such provision in any other circumstance, or the validity or enforceability of these Terms, and any provision that is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.
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