These Terms & Conditions of Use (“Terms”) are a legal agreement between you and Hunter Fan Company (“Hunter”) and govern your use of our websites (www.hunterfanlatino.com) and our apps (collectively, the “Site”) either as a visitor, content contributor, or as a registered user. Use of, posting of information to, and access to the Site are subject to your compliance with these Terms and our Privacy Notice, so please read them carefully before using the Site. We reserve the right to limit or terminate your access to the Site or terminate or suspend your registration for failure to comply with these Terms or for any reason at any time.
BY ACCESSING OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT ACCESS, USE, OR POST INFORMATION ON THE SITE IN ANY MANNER.
Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. We will provide notice by, at a minimum, updating this posting. However, if we make material changes to these Terms, we will post a notice on the Site that these Terms have been or will be changed. Any changes to these Terms and Conditions will be in effect as of the “Last Updated” date referenced in these Terms. Your use of the Site following the posting of any changes constitutes your acceptance of those changes. For this reason, we encourage you to review these Terms whenever you use the Site.
Changes to the Site
In an effort to continually improve the Site and its usefulness to you, we may add additional products or services, or make changes to existing products or services. In the event that we make such changes, these Terms shall apply to the new projects and services, and to any changes to existing products and services. We reserve the right to modify or discontinue all or any part of the Site with or without notice to you, and we will not be liable to you or any third party should we exercise this right.
Interruption of Service
We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
The Site is offered and available to users who are 18 years of age or older.
YOU MAY NOT REGISTER WITH THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THE SITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH HUNTER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S CONTENT, PRODUCTS, OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE, REGISTER FOR MEMBERSHIP WITH THE SITE, OR PLACE AN ORDER FOR OR OBTAIN PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.
BY USING THE SITE, REGISTERING FOR MEMBERSHIP WITH THE SITE, OR PLACING AN ORDER FOR OR OBTAINING PRODUCTS OR SERVICES FROM THE SITE, YOU REPRESENT AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS.
These Terms permit you to use the Site exclusively for legitimate business use as it relates to your business relationship with Hunter and for your personal and other non-commercial use. The Site and all of the pages, text, images, information, software, and other content available on or through the Site (“Content”) is protected by contract law and various intellectual property laws, including domestic and international copyright laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on the Site, except that your computer or other device may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content, and you may store files that are automatically cached by your web browser for display enhancement purposes. You further agree that you will not redeliver any of the Content of the Site using linking or framing technology without our written permission. Subject to the restrictions set forth in these Terms, and except for Content specifically and expressly made available for redistribution, you may print or download information from the Site only for legitimate business use as it relates to your business relationship with Hunter and for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices.
These Terms do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of Hunter. Modification of any Content is explicitly prohibited. You are also prohibited from using any device, software, or other means to interfere or attempt to interfere with the proper working of the Site, or utilizing the Site in any way that would damage its Content or visibility for other visitors. As between Hunter and you, Hunter has and retains, as applicable, exclusive and valid ownership of the Site, its Content, the names and marks thereof, and all intellectual property, proprietary rights, and documentation therein, and you acknowledge that the foregoing constitute valuable assets and may constitute trade secrets of Hunter. Hunter, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Hunter. All other product names and company logos mentioned on the Site or in the Content are trademarks of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Hunter or the respective owner. You agree that you will not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Site or the Content. You further agree that you will not modify or use any Content from the Site for any other purpose other than as specifically permitted above or otherwise approved by Hunter in writing.
Hunter actively and aggressively protects and enforces its intellectual property rights to the fullest extent of the law, including recovery of all available damages, attorney’s fees and costs. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, we reserve the right to terminate your use of the Site or the Content contained therein if we determine in our sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
Procedure for Making Claims of Copyright Infringement
We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement. When contacting us, please provide our copyright agent with the following information:
- A full description of the copyrighted work or other intellectual property that you claim has been infringed
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of where the material that you claim is infringing is located on the Site
- Your name, address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement signed by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf
Our copyright agent can be reached at:
Attn: Legal Department
7130 Goodlett Farms Pkwy, Suite 400
Memphis, TN 38016
To use certain parts of the Site, you will be asked to provide information about yourself, such as your first name, e-mail address, password, city, state, country zip code, or postal code. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us 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 Hunter or any other user of or visitor to the Site due to the use of your user ID, password, or account by another person.
You may not use anyone else’s user ID, password, or account at any time without the express permission and consent of the holder of that user ID, password, or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The Site may contain blogs, forums, community areas, group discussions, personal profiles, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content, including your experiences, advice, recommendations, opinions, ratings, reviews, questions, answers, information, messages, or other material (collectively, “User Contributions”) on or through the Site. All User Contributions must comply with the User Content Standards set forth in these Terms. We do not guarantee that you will have any recourse through Hunter to edit or delete any User Contributions you have submitted.
Any User Contribution you post to or from the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Contribution in any medium for any purpose, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your User Contributions to you.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Hunter, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site, or for the quality, safety, or legality of the User Contributions posted on the Site. We make no representations about any User Contributions on the Site.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the User Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Hunter.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS HUNTER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Notice.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain the exclusive property of Hunter. Your submission of any such Comments shall constitute an assignment to Hunter of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Hunter will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Content From Third Party Sites
You may post images, text, videos, or other content on third-party websites or apps about our products and/or services (collectively, “Third Party User Content”) that we think may benefit others by seeing it on our Site. We will obtain your permission before we publish your Third Party User Content on our Site, but we want to make sure you know exactly how we intend to use it.
You can provide your permission for Hunter to use your Third Party User Content by replying to our Facebook, Instagram, Twitter, or other social media post (requesting your permission to publish in our Site) with #agree. By providing your permission, you represent and warrant that you own the Third Party User Content or have the right to publish, distribute, and grant us the rights to such Third Party User Content that are set forth in these Terms. You grant Hunter a non-exclusive and non-revocable commercial right to reproduce the Third Party User Content in any form (including, but not limited to, video, Internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation. You agree that your Third Party user Content may be used by Hunter either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs. While we will make commercially reasonable efforts to give you credit for your Third Party user Content and provide a link back to your Facebook, Instagram, Twitter, or other social media account when applicable, you agree that such credit is not mandatory and your permission for us to use your Third Party User Content is not contingent upon such credit being given.
You waive any right to inspect and/or approve the finished work incorporating the Third Party User Content or the advertising copy that may be used in connection therewith or the use of which said finished work may be applied. Further, you waive any claims to royalties or any other form of compensation with regards to your Third Party User Content or our finished work.
Correction of Errors and Inaccuracies
We have done our best to display as accurately as possible the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any product color will be accurate. Also, we make reasonable efforts to keep the information on the Site up-to-date, but the information on the Site may contain typographical errors or inaccuracies and, in some cases, may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to product description, pricing, and availability.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error, we have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you.
Except as set forth in the preceding paragraph, (a) we do not warrant the accuracy, completeness or usefulness of the information on the Site, (b) any reliance you place on such information is strictly at your own risk, and (c) we disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Third Party Content
The Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by Hunter, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Hunter. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree:
- not to use the Site in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions (including any laws or regulations regarding the export of data or software to and from the United States or other relevant countries);
- that you will not use the Site to transmit or send unsolicited commercial communications;
- not to access (or attempt to access) the Site by any means other than through the interface that is provided by us;
- that you will not attempt to gain unauthorized access to, interfere with, damage, disrupt or circumvent any of the security features of any part of the Site (or the servers, networks, and databases which are connected to the Site);
- not to access (or attempt to access) the Site through any automated means (including use of scripts or web crawlers);
- not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
- not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the Site (or the servers, networks, and databases which are connected to the Site);
- not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- that you will not edit or otherwise modify any content on the Site that is not owned by you or another person or entity for whom you act as their agent;
- that you will not engage in any activity that interferes with or disrupts the Site (or the servers, networks, and databases which are connected to the Site);
- that you will not impersonate or attempt to impersonate Hunter, an employee of Hunter, another user, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
- that you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sub-license, trade or resell any content or other aspect of the Site for any commercial purpose (except for content specifically and expressly made available for redistribution); and
- that you are solely responsible for (and that Hunter has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which you may suffer) of any such breach.
We may terminate or suspend your access to or use of all or part of the Site, without notice, for any conduct that we believe is disruptive to the Site or is in violation of any applicable law or these Terms.
ORDERS FOR PRODUCTS AND SERVICES
Order Acceptance and Cancellation
Our store is hosted in Fedex Cross Border. This company provide the e-commerce platform to sell Hunter products and/or services to you. Please refer to Fedex Cross Border’s terms and conditions at checkout.
Although availability may be indicated on the Site, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. If there is any revision, discontinuance, or cessation, we may, in our discretion, ship products which have substantially similar functionality and specifications to the products ordered or cancel your order.
Prices; Shipping and Handling Charges
All prices posted on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set forth in your order confirmation. Not all posted prices include charges for shipping and handling or taxes. All shipping and handling charges and taxes, if applicable, will be added to your order total and will be itemized in your shopping cart and in your order confirmation.
THIRD PARTY SITES AND CONTENT
The Site may contain links to other websites or apps that our business partners and other third parties own or operate. Your use of each of those websites and apps is subject to the terms and conditions, if any, that each of those websites and apps have posted. We have no control over third party websites and apps, and we are not responsible for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or link, or the companies that own or operate the material or linked websites and apps.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Site, provided you do so in a way that complies with these Terms and is fair, legal, and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites and apps to certain Content on the Site.
• Send e-mails or other communications with certain Content, or links to certain Content, on the Site.
• Cause limited portions of Content on the Site to be displayed or appear to be displayed on your own or certain third-party websites and apps.
You may use these features solely as they are provided by us and solely with respect to the Content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website or app that is not owned by you.
• Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or app.
• Otherwise take any action with respect to the Content on the Site that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of products or services through the Site. We may, in our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or our Privacy Notice, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any user being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms or the Privacy Notice could be subject to criminal or civil penalties.
All information we collect on the Site is subject to our Privacy Notice. By using the Site, you consent to all actions we take with respect to your information consistent with our Privacy Notice.
Hunter is based in the State of Tennessee in the United States of America. We make no representations that the information on the Site is appropriate or available for use in all locations. Use of or access to the Site may not be legal by certain persons or in certain countries. By using or accessing the Site, you do so at your own risk and are responsible for compliance with the laws and regulations of your own jurisdiction and any jurisdiction from which you access or use the Site.
By using or accessing the Site, you consent to the transmission of your personal information, including your user id, password, and any other personal or non-personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.
THE SITE IS OPERATED BY HUNTER ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HUNTER, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, AND RELATED COMPANIES, AND ANY PERSON ASSOCIATED WITH ANY OF THEM (COLLECTIVELY, “HUNTER”), DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATIONS, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HUNTER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED FOR ANY PARTICULAR ITEM. WITHOUT LIMITING THE FOREGOING, HUNTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, AVAILABLE, COMPLETE, CURRENT, ERROR-FREE, RELIABLE, SECURE, OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, ITS CONTENT, AND ANY PRODUCTS, SERVICES, OR OTHER ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, HUNTER DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT AND FEATURE DESCRIPTION. HUNTER DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE OR APP YOU MAY ACCESS THROUGH THE SITE. ANY LINKS TO OTHER WEBSITES OR APPS ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE OR APP. HUNTER MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HUNTER OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, LICENSORS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES OR APPS LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR APPS, OR ANY SERVICES OR OTHER ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES OR APPS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY HUNTER BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HUNTER UNDER SUCH CIRCUMSTANCES FOR SUCH LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify and hold harmless Hunter and its successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, without limitation, any use of the Site’s Content or services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
These Terms and all matters arising from it are governed by and construed in accordance with the laws of the State of Tennessee, exclusive of its choice of law rules, whose courts shall have exclusive jurisdiction over all disputes arising in connection with these Terms and the place of performance of these Terms is agreed by you to be the State of Tennessee. Nothing in these Terms limits either party’s ability to seek equitable relief. Hunter shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of these Terms.
No waiver by Hunter of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition, and any failure by Hunter to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this prohibition on assignment is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under these Terms, you must contact us as follows: (i) by sending a message to email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Hunter, Attention: Legal Department, at 7130 Goodlett Farms Parkway, Suite 400, Memphis, TN 38016. We may update the e-mail address or mailing address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by e-mail or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
These Terms, together with any documents expressly referred to in them, constitute the entire agreement between you and Hunter with respect to the Site, and supersedes all previous written or oral agreements.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Limitations or Exclusions Not Applicable
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of any third party content providers and their respective agents shall be limited to the greatest extent permitted by law.