Website Terms & Conditions
Welcome to hourglassfootwear.com. Hourglass LLC and/or its affiliates, partners, and assigns ("Hourglass") provides website features to you subject to the following Term and Conditions ("Terms and Conditions"). The Terms and Conditions govern your use of the World Wide Web site located at www.hourglassfootwear.com and any associated sub-pages ("Site"). By accessing, viewing, or using the content, material or services available on or through this site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
These Terms and Conditions may be changed at any time. It is your obligation as a user visiting this Site to familiarize yourself with these Terms and Conditions. Any changes to these Terms and Conditions shall also be effective as to any visitor who has visited the site before the change was made.
1. Website Information
Hourglass attempts to be as accurate as possible. However, Hourglass does not warrant that information or other content of this Site is accurate, complete, reliable, current or error free. The specific application of information and principles on this Site will vary according to the particular circumstances of each individual.
In the event that an Hourglass product is mistakenly listed on the Site at an incorrect price, Hourglass reserves the right to refuse or cancel any orders placed for such product(s) listed at the incorrect price. Hourglass 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, Hourglass shall issue a credit to your credit card in the amount of the price you paid.
2. Proprietary Rights
LICENSE AND SITE ACCESS
Hourglass grants you a limited license to access and make personal use of this Site, and expressly does not grant a license to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Hourglass. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents, any downloading or copying of account information for the benefit of another business or enterprise; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hourglass. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Hourglass without express written consent. You may not use any meta tags or any other "hidden text" utilizing Hourglass's name or trademarks without the express written consent of Hourglass. Any unauthorized use immediately terminates the permission or license granted by Hourglass. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of hourglassfootwear.com so long as the link does not portray Hourglass, or the associated products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Hourglass's logos or other proprietary graphic or trademark as part of the link without the express written permission of Hourglass.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hourglass or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Hourglass and is protected by U.S. and international copyright laws. All software used on this Site is the property of Hourglass or the relevant software suppliers and protected by United States and international copyright laws.
All works of authorship, information, content and material appearing on or contained in this Site ("Site Materials") are protected by law, including but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphic, audio, video, photographs, pictures, product design, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes are (c) 2012 Hourglass, all rights reserved. Hourglass also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any or all Site Materials, in whole or in part, without prior written consent of Hourglass is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collecting of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of Hourglass, without Hourglass's advance written consent, is prohibited.
All names, trademarks, service marks, symbols, slogans and logos appearing on the Site are proprietary to Hourglass or its licensors. Use or misuse of these trademarks is expressly prohibited and may violate federal, state and international trademark law.
Hourglass, Hourglass Footwear, www.hourglassfootwear.com, and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Hourglass in the U.S. and/or other countries. Hourglass's trademarks and trade dress may not be used in connection with any other product or service that is not Hourglass's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Hourglass. All the other trademarks not owned by Hourglass that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hourglass.
3. Communications with and Submissions to the Site.
Hourglass encourages visitors to submit comments, and other content; send e-mail and other communications; and submit suggestions, ideas, questions, or other information (collectively, "Submissions"), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, or other malware, commercial solicitation, chain letters, mass mailings, or any form of "spam".
When you visit the Site or transmit any Submissions to Hourglass electronically, you are communicating to Hourglass electronically. By communicating by Hourglass electronically, you consent to receive communications from Hourglass electronically. Hourglass will communicate with you by e-mail or by posting notices on this Site. By communicating with Hourglass electronically, you also agree that all agreements, notices, disclosures, and other communications that Hourglass provides to you electronically satisfy any legal requirement that such communications be in writing.
By transmitting any submissions to Hourglass electronically, you specifically acknowledge that you understand that Hourglass makes no warranties or assurances that such submissions will be accessed, read, or responded to by Hourglass.
Hourglass has the right but not the obligation to monitor and edit or remove any activity or content. Hourglass takes no responsibility and assumes no liability for any content posted by you or any third party.
By transmitting any Submission(s) to Hourglass, you automatically grant Hourglass, and any sub-licensees, the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display all or any of such Submissions (in whole or in part) throughout the world and to incorporate such in other works and in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions(s); and the right to use your name, likeness, voice, photograph, and any other indicia or identity and information provided to Hourglass by you, in connection with the use, exploitation, promotion and/or advertising of the Submission(s) and/ or the Site. Further, Hourglass is free to use any ideas, concepts, methods, techniques, and/or processes contained in any Submissions you send to this Site for any purpose whatever, including, but not limited to creating and marketing products, information or services using such information.
By transmitting any Submission(s) to Hourglass, you hereby represent and warrant to Hourglass that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hourglass for all claims resulting from content you supply.
By transmitting any Submission(s) to Hourglass, you also represent and warrant that (i) you are of legal age and otherwise legally competent to enter int contracts; (ii) you have all rights, approvals and/or consents necessary to submit the Submission(s) on the Terms and Conditions provided herein; (iii) no permission is required from any other individual or company for Hourglass to use the Submission(s); (iv) the materials contained in the Submission(s), including, without limitation, the ideas, compositions, and other materials are original, were created only by you, do not contain any "samples," excerpts, or other works from the material of others, and do not otherwise infringe on the intellectual property rights of any other individuals or companies; (v) the Submission(s) does not an will not violate any laws or be defamatory, libelous, pornographic, or obscene; (vi) you are not bound by any contract that would prohibit you from agreeing to these Terms and Conditions; (vii) you will not hold Hourglass liable for copyright or trademark infringement based, in whole or in part, upon Hourglass's access to and use of the Submission(s); and (vi) the Submission(s) will not contain any "viruses" or any other information that may damage or otherwise interfere with Hourglass's computer systems or data, or the computer systems or data of users of Hourglass's website. You shall be fully responsible for any breach of the representations and warranties made to Hourglass under this paragraph and you shall indemnify Hourglass and hold Hourglass harmless from and against any and all claims, liabilities, actions, losses, damages and costs, including reasonable attorney's fees and costs arising from such breach.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail, card or other Submission. Hourglass maintains the right (but not the obligation) to review your Submission(s) for any reason or for no reason at all, at any time, and without notice.
You may request that Hourglass delete your Submission(s) from the site by emailing Hourglass at info@hourglassfootwear. com and specifically identifying the Submission(s) you are requesting to be deleted. Upon receipt of your emailed request, Hourglass will make all reasonable efforts to delete your Submission(s) from the system and Site; however, Hourglass disclaims any and all responsibility for any copies of your Submission(s) that may have been made by a user of the Site before you Submission(s) was removed.
4. Use and Nature of the Internet
Given the nature of the internet, the transmission of any communication or Submission to Hourglass via the Site or internet e-mail, whether encrypted or otherwise, cannot be guaranteed in all circumstances as secure. As an alternative to communicating over the internet or e-mail, Hourglass can be contacted directly by postal mail at:
1807 NW Dock Place
Seattle, WA 98107
Hourglass has a Privacy Statement describing Hourglass's online information gathering and dissemination practices with respect to the Site. Please review the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein, and which also governs your visit to the Site.
6. Disclaimer of Warranties and Limitation of Liability
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. This Site, and all information, content, materials, products, and services included on and in or otherwise made available through this Site, are made available on an "as is," "as available," and "with all faults" basis unless otherwise specified in writing. You expressly agree that use of this Site is entirely at your own risk.
Hourglass makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, services included on or otherwise made available through the site.
To the fullest extent permissible by applicable law, Hourglass disclaims all representations and warranties, with respect to this Site, the Site Materials on and in and made available through this Site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement. The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all Site Materials on and in and made available through the Site is with you.
Hourglass shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, punitive, or other damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this Site, the Site Materials on and in and made available through this Site or the services, information, and products offered in connection with this Site, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of Hourglass to you or any other person or entity in connection with, based upon, or arising from this Site, the Site Materials on and in and made available through this Site, or the services, information, or products offered in connection therewith, exceed the price paid by you for use of this site.
Hourglass does not warrant that this Site, information, content, materials, products or services included on or otherwise made available to you through this Site, their servers, or e-mail sent from Hourglass are free of viruses or other harmful components.
Certain state laws do not allow limitations on implied warranties or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
You agree to defend, indemnify, and hold harmless Hourglass, its affiliates, contractors, and partners of any and all type, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgements, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys' fees and costs) relating to or arising from this Site, your use of this Site, your Submission(s) to the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
8. Corrections and Changes
Hourglass endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, Hourglass is not responsible for any errors or omissions in the Site or Site Materials. Hourglass may make changes to the Site or Site Materials, or the products, information, or services made available in connection with this Site, at any time with or without notice, and Hourglass makes no commitment to update the information contained on or in this Site. Hourglass reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever, or for no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
9. Links to Other Web Sites
This Site may, from time to time, contain links to other third-party internet web sites for the convenience of users in locating information, products, or services that may be of interest. Hourglass is not responsible for examining or evaluating, and Hourglass does not warrant the offerings of any of these businesses or individuals or the content of their websites. These sites are maintained by organizations over which Hourglass exercises no control, and Hourglass expressly disclaims any an all responsibility for the content, the accuracy of the information, the security of information provided to any third-party sites, and the quality of products or services provided on these third-party sites.
Without limiting anything else in these Terms and Conditions or otherwise, Hourglass does not assume any responsibility or liability for any errors or omissions made in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other web sites created, maintained, or otherwise controlled by third parties. You should carefully review the privacy statements and other conditions for use of any third-party material.
10. Governing Law, Jurisdiction, and Disputes
By visiting the Site, you agree that the laws of the State of Washington, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any dispute of any sort that might arise between you and Hourglass.
By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in King County, Washington, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available. Any party who unsuccessfully challenges the enforceability of this jurisdiction clause shall reimburse the prevailing party for its attorney's fees and costs, the party prevailing in any such dispute shall be awarded its attorney's fees and costs.
This Site is controlled and operated by Hourglass from its offices within the United States and the State of Washington. Without limiting anything else, Hourglass makes no representation that the works, content, materials, services, information, or products available in, on , or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal, or otherwise limited, is prohibited. Those who choose to access this Site from other locations do so of their own free will and are responsible for compliance with all applicable laws. The waiver of failure of Hourglass to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in future or a waiver of any of the other rights established under these Terms and Conditions.
These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and Hourglass with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Washington, without regard to the principles of conflict in laws.
Notwithstanding the Dispute Resolution provisions below, any dispute related in any way to your visit to the Site or to products or services sold, distributed, or provided by Hourglass or through the Site shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible. The parties shall, without delay, continue to perform their respective obligations under this agreement, which are not affected by the dispute.
In the event that the parties cannot, by exercise of their best efforts, resolve the dispute, they shall submit the dispute to Mediation. The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute. The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof. Designated representatives of both parties shall attempt to resolve the dispute within 30 days after such notice. If those designated representatives cannot resolve their dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to the responsible agents of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within 60 days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.
Any controversies or disputes arising out of or relating to this Agreement, not resolved through mediation, shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject natter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator. The arbitration shall take place at a location that is reasonably centrally located between the parties or otherwise mutually agreed upon by the parties.
All documents. materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.
The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add to or subtract from any provision of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration. The award rendered by the arbitrator shall be final and binding on the parties, and the judgement may be entered thereon in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
11. Force Majeure
Hourglass shall not be liable for any damages resulting from a failure or delay in performance caused by causes beyond Hourglass's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers. Without limiting anything else in these Terms and Conditions or otherwise, neither Hourglass, its affiliates, contractors and partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems or errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, armed conflict, or governmental restrictions.
12. Your Account
If you use this Site, you are responsible for maintaining the confidentiality of your private information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, if any.
Hourglass does not provide products or services to Children. If you are under 13, you may use hourglassfootwear.com only with the involvement of a parent or guardian. Hourglass reserves the right to refuse service, terminate accounts, remove or edit content, or cancel access and orders in its sole discretion.
13. Risk of Loss
All items purchased from Hourglass are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Hourglass's delivery to the carrier.
14. Site Policies, Modifications, and Severability
Hourglass reserves the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions
15. Copyright Complaints
Hourglass respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hourglass's copyright agent the written information supplied below. Please note that this procedure is exclusively for notifying Hourglass that your copyright material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A specific description of the copyrighted work that you claim has been infringed upon;
- A specific description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the dispute is not authorized or allowed by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Hourglass's Copyright Agent for notice of claims of copyright infringement can be reached as follows:
1807 NW Dock Place
Seattle, WA 98107