BY PURCHASING FROM HITACHIWAND.COM (“HMW SHOP LLC, HMW SHOP ENTERPRISES”), YOU AGREE TO THE FOLLOWING PROVISIONS:
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, 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 may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store 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 our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
(1) ANY PRODUCT SOLD BY SELLER WILL NOT BE BOUGHT FOR, OR FURNISHED FOR USE TO, ANY INDIVIDUAL UNDER THE AGE OF 13;
(2) BUYER WILL NOT USE OR ALLOW TO BE USED ANY OF SELLER’S PRODUCTS WITHOUT MAKING SURE THE USER OF ANY OF SELLER’S PRODUCTS WEARS ADEQUATE PROTECTION. ADEQUATE PROTECTION, AT THE MINIMUM, MEANS THE USE OF A HELMET, KNEEPADS, ELBOW-PADS AND WRIST PADS;
(3) BUYER AGREES TO HOLD SELLER HARMLESS FOR ANY ACT OF NEGLIGENCE, STRICT LIABILITY OR ANY TORT FOR THAT MATTER. SELLER WILL NOT BE LIABLE FOR ANY INJURIES TO BUYER (OR ANY PERSON) RESULTING FROM THE DIRECT OR INDIRECT USE OF ANY PRODUCTS PURCHASED FROM SELLER;
(4) BUYER AGREES TO HOLD SELLER HARMLESS FROM ANY DAMAGE(S) THAT MAY RESULT FROM OR CAUSED BY SELLER’S PRODUCTS.
(5) SELLER DISCLAIMS ALL IMPLIED WARRANTIES AND SIMILAR OBLIGATIONS INCLUDING BUT NOT LIMITED TO THOSE OF FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY, WHETHER OTHERWISE ARISING BY LAW, CUSTOM, USAGE, TRADE PRACTICE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESS WARRANTIES, IF ANY. BUYER AFFIRMS THAT IT HAS NOT RELIED UPON SELLER’S SKILL NOR JUDGMENT TO SELECT OR FURNISH THE GOODS FOR ANY PARTICULAR PURPOSE BEYOND THE SPECIFIC EXPRESS WARRANTIES IN THE AGREEMENT. ALL OF SELLER’S PRODUCTS ARE SOLD AS-IS.
(6) ALL PRICES AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. PRICES ARE FINAL AS OF TIME OF TIME ORDER WAS PLACED. ANY DISCREPANCY, INCLUDING WRONG ITEMS OR MISSING ITEMS, MUST BE REPORTED WITHIN 36 HOURS OF DELIVERY.
(7) WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. 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. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.
(8) 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.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS 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 THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME 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.
(9) YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HOVERBOARDS.COM, HOVERBOARD ENTERPRISES, 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.
(10) 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 OUTOGAMIE COUNTY, WI, USA.
*DO NOT PURCHASE ANY PRODUCTS FROM SELLER IF YOU DO NOT AGREE TO THE TERMS ABOVE*