Terms and Conditions
A. By using HoHo Hats, LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use HoHo Hats is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. HoHo Hats, LLC shall have the right at any time to change or discontinue any aspect or feature of HoHo Hats.
2. USE OF SITE & PROHIBITIONS
User shall use HoHo Hats, LLC for lawful purposes only. User shall not store, post, or transmit through HoHo Hats, LLC any material which violates or infringes in any way upon the rights of others, which would constitute a criminal offense, give rise to civil liability or otherwise violate any law. By way of example, and not as a limitation, User agrees that when using the HoHo Hats, User will not: A) Use HoHo Hats Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). B) Violate the legal rights (such as rights of privacy and publicity) of others.
C) Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same. D) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another. E) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. F) Violate any applicable laws or regulations. G) Create a false identity for the purpose of misleading others.
HoHo Hats, LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HoHo Hats, LLC sole discretion.
HoHo Hats, LLC reserves the right to terminate User’s access to any or all of its services at any time, without notice, for any reason whatsoever. Materials uploaded to the HoHo Hats may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
In no event shall HoHo Hats, LLC and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other harmful action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
3. RETURNS, REFUNDS AND CANCELLATIONS
If you are not completely satisfied with your purchase, you may return it for an exchange or refund within 30 days of purchase. Shipping charges are not refundable.
Buyer pays return shipping unless the item was delivered damaged or incorrect. Contact customer service for assistance in this case. An order can be cancelled prior to shipment. There is no charge for order cancellation.
4. WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations or any services sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
This Agreement shall be governed by and construed in accordance with the substantive laws of Bonita Springs, Florida, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Bonita Springs, Florida, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.