AGREEMENT TO TERMS
INTELLECTUAL PROPERTY RIGHTS
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of youraccount and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our solediscretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available onthe Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete,reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of theproducts. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right todiscontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:- Visa- Mastercard- American Express- Discover- PayPal- SquareYou agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Youfurther agree to promptly update account and payment information, including email address, payment method, and payment cardexpiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price ofpurchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us tocharge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors ormistakes in pricing, even if we have already requested or received payment.We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchasedper person, per household, or per order. These restrictions may include orders placed by or under the same customer account, thesame payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that,in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
MOBILE APPLICATION LICENSE
Apple and Android Devices
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (eachsuch account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2)allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of eachThird-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/orgrant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of theapplicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by thethird-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) wemay access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the“Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and(2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link youraccount with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that youhave set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be availableon and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or ouraccess to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer beavailable on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRDPARTYSERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to,for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agreethat we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile deviceor tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. Youcan deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained throughsuch Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or theMarketplace Offerings ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall ownexclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
CORRECTIONSThere may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the MarketplaceOfferings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILLBE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NOWARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THECONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZEDACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANYTHIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGEOF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANYPRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANYDIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINEDHEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILLAT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TOANY CAUSE OF ACTION ARISING . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THEEXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as datarelating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREETO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONICDELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction whichrequire an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any meansother than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of ConsumerServices of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California95834 or by telephone at (800) 952-5210 or (916) 445-1254.
CONTACT USIn order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:Hazel Street Market, LLC74 Elm StreetPO Box 886,West Springfield, MA 01089Phone: (413) 733 – 1296.