Last Updated: April 15, 2021
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THESE WEBSITES.
These Terms of Service (the “Terms”) are a legal contract between you and HCF Science, LLC (“HCF”, “we”, “us” or “our”). By using the websites at www.hcfscience.com (collectively, the “websites”), including purchasing products from these websites, or by clicking a box that states that you accept or agree to these Terms, you express your agreement to these Terms. If you do not agree to these Terms, you may not use these websites.
You agree that by using these websites, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to form a binding contract with the company. If you are viewing and using the website on behalf of your employer or HCF, you represent and warrant that you are authorized to bind your employer and HCF to these Terms.
It is your responsibility to review these Terms periodically. We reserve the right to revise these Terms at any time without prior notice to you. If you use these websites after the revisions are made, you agree to such revisions. If you do not agree to these revised Terms, please do not use these websites.
We grant you a limited license to access and use these websites for your personal use, and to copy, distribute, and transmit the content of these websites only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using these websites for your personal use. This license does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, or descriptions; any derivative use of these websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of spiders, robots, scrapers, crawlers, avatars, data mining tools or the like, to "scrape"or download data from any web pages contained in the websites.
Except as expressly stated herein, no part of these websites may be reproduced, copied, duplicated, sold, resold, visited, republished, downloaded, displayed, posted, transmitted or otherwise exploited for any commercial purpose without the express written consent of HCF. You may not use any meta tags or any other "hidden text" utilizing HCF’s name or trademarks without the express written consent of HCF. Any unauthorized use terminates the permission or licenses granted by HCF pursuant to these Terms.
HCF reserves the right, at its sole discretion, to change any information, features and functions of these websites without prior notice. We reserve the right at any time, and from time to time, to modify, terminate or discontinue, temporarily or permanently, the HCF® products or their availability with or without notice, at our absolute discretion. We may refuse service, terminate accounts and/or deny access to any or all parts of these websites if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms, our rights or the rights of any third party. Using these websites for any unlawful or unauthorized purpose is strictly prohibited.
2. NO UNLAWFUL OR PROHIBITED USE
In exchange for being granted the use of these websites, you warrant to us that you will not use these websites for any purpose that is unlawful or prohibited by these Terms. You may not use these websites in any manner, which could damage, disable, overburden, or impair these websites, or restrict and inhibit any other person from using or enjoying these websites. You may not obtain or attempt to obtain any materials or information through any means not purposefully made available or provided for through these websites.
3. NO MEDICAL ADVICE
The information contained on these websites, or provided at your request, is provided for informational purposes only and is not to be construed as medical or other licensed professional advice. While we may offer some products on these websites that are classified as food or dietary products regulated by the Food and Drug Administration, we do not market or sell such products for the purposes of diagnosing, treating, curing or preventing any disease. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through these websites. If you suspect you have a medical problem, or should you have any health care related questions, please promptly call or see your health care practitioner. Before using any products offered on these websites, carefully read all labels and take note of all directions and cautions that accompany the products.
4. PRODUCTS AND SERVICES
The products and services made available on these websites are intended for personal consumption only, you may not assign, transfer, re-market, resell or otherwise dispose of such products and services without obtaining HCF’s prior written authorization. HCF reserves the right to cancel or modify purchases on these websites if it appears that they are the result of fraudulent or inappropriate activity, including those listed directly above in this section, or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. HCF reserves the right to not accept any orders if there is a material error in the description of an HCF product, or if the price advertised is incorrect. Other terms of service included on these websites, including return and shipping policies, may apply to your purchase and are incorporated by reference herein. We may revise and discontinue products at any time in our sole and absolute discretion. We reserve the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice. Packaging and contents may vary from that shown on the websites.
5. SMS TEXT MESSAGES
6. BILLING AND PAYMENT
Payment terms are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. We accept payments made through a valid credit card, debit card or other payment method offered through the websites. By providing any credit card or other payment information to us, you represent that such payment information is correct, and belongs to you or you have the authority to use such payment method. You are responsible for promptly updating your information with any changes, especially to keep your billing information current. You must promptly notify us if your payment card is cancelled (for example, for loss or theft). Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on these websites. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, we may contact you directly to update your account information.
7. SHIPPING AND TAXES
Product is shipped FOB Shipping Point/FOB Origin. That is, you are the buyer and pay shipping costs and take responsibility for products when they leave the HCF warehouse. Separate charges for shipping, handling, duties and taxes will be shown on the checkout page. You may be charged local tax, if applicable. Additional terms set forth in the shipping & returns policy.
8. TITLE; RISK OF LOSS
The risk of loss and title for products purchased by you passes to you upon our delivery of the items to the carrier. Loss or damage that occurs during shipping is your responsibility. Title to any software will remain with the applicable licensor(s).
9. RETURN POLICIES
Products that are purchased directly from these websites may be returned by you within thirty (30) days of the date of purchase for a full refund less a $5 restocking fee and the initial shipping and handling charges. Additional terms set forth in the shipping & returns policy.
Some services on these websites allow or require you to set up an account to participate or to obtain additional benefits. To create an account you will be asked to submit certain information, which may include your name and/or a username, email address, and password. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not assume the identity of another person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You are solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are responsible for maintaining the security and confidentiality of your password and identification. You agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your password or identification or any other breach of security that you become aware of involving or relating to these websites.
You agree that we may either terminate or suspend your account and your ability to use these websites or portions thereof for failure to comply with these Terms or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever in our sole discretion.
11. ELECTRONIC COMMUNICATIONS
When you use the websites, send emails to us, or send text messages (if you have elected to receive promotional text messages in accordance with Section 5), you are communicating with us electronically. You agree to receive electronic communications from us. We will communicate with you by email, by posting notices on the websites, or by sending marketing text messages (if you have elected to receive marketing text messages in accordance with Section 5). You acknowledge that all agreements, notices, disclosures and other electronic communications that we provide to you satisfy any legal requirement that such communications be in writing.
12. FORUMS / BLOG / SOCIAL MEDIA
By “Forum” we refer to an area, site or feature offered as part of these websites that allows users to post content for viewing by one or more website users, including a chat area, message board, instant messaging, mobile messaging, conversation page, profile page, social community environment, blog, email function (including electronic greeting cards and send-a-friend emails). Additionally, “Forum” includes any other website page created by HCF, on one or more social media pages, including, but not limited to Facebook, Twitter, Youtube, Pinterest and Instagram.
You agree that Forums and features offered therein are intended for public and not private communications, and that we have no obligations (including without limitation obligations of confidentiality) with respect to such content; you make such disclosures at your own risk. You represent and warrant that you have all rights necessary to submit communications on the Forums. You agree to use the Forums only to post, send and receive messages and material that are appropriate and pertain to a particular Forum. For example, and not as a limitation, you agree that when using a Forum, you will not:
- Publish content that is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
- Publish or make any claims about any product or services that are false or misleading or post any testimonial about products or services that you have not used.
- Publish content that is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Upload files that contain software or other material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- Upload files that contain viruses, corrupted data or other harmful, disruptive or destructive files.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Misrepresent or delete any author attributions, legal or other proper notices or ownership designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or prevent any other user from using and enjoying a Forum.
- Breach any code of conduct or other guidelines which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate, or encourage any conduct that would violate, any applicable law, rule or regulation.
You are and shall remain solely responsible for the content you post on or through these websites under your username or otherwise by you in any Forum and for the consequences arising from the submission and posting of the same. We are under no obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion. HCF markets and sells various food and dietary supplement products. These products are not intended to diagnose, treat, cure, or prevent any disease. HCF, and the administrators of these websites and any Forum on these websites reserve the right to remove, edit, move or close any piece of content for any reason, including, without limitation, comments that violate the laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
HCF reserves the right to remove or disable your access to any or all Forums at any time without notice for any reason whatsoever. We are under no obligation, and therefore may decline to post, deliver, remove, alter or otherwise use or take any action with respect to content you post on these websites.
Also, you should exercise prudence in reviewing the information provided by others, and you agree that the use of any content posted on any Forum is at your own risk. For example, we take no responsibility for, and we do not endorse, the opinions, counsel or recommendations posted or sent by users in any Forum and we assume no liability in connection therewith.
13. TESTIMONIAL DISCLAIMER
In keeping with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following:
The people offering testimonials and consumer stories on HCF websites, platforms and social networks, or other media outlets may have been compensated with free products or discounts for the use of their experiences.
Testimonials and consumer stories published on HCF platforms are received in various forms via a variety of submission methods. They reflect the real-life experiences and thoughts of individuals who used our products and/or services. However, individual results may vary, and results may not be typical. The reader should not assume that any individual experience depicted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a number of factors, including: age, gender, physical condition, exercise routine, other products used simultaneously, health history, diet and lifestyle.
The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections, as well as any changes necessary to meet substantiation requirements. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included inconsequential information of no relevance to the general public. HCF has no control over and accepts no liability for the opinions or comments posted on HCF platforms and social networks, and does not necessarily share the opinions, beliefs or comments of postings on HCF platforms and social networks. All opinions expressed are strictly the views of the poster or reviewer.
Testimonials and consumer stories on HCF platforms and social networks are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by HCF platforms and social networks is not a substitute for medical or other licensed professional advice. Statements made on HCF platforms and social networks have not been evaluated by the U.S. Food and Drug Administration.
14. INTELLECTUAL PROPERTY INFRINGEMENT
HCF respects the intellectual property rights of others, and we ask you to do the same. HCF may, in appropriate circumstances and in our sole discretion, terminate service and/or access to these websites for users who infringe the intellectual property rights of others. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed on these websites, please notify HCF’s designated agent, including all of the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- A description of the copyrighted and/or trademarked work that you claim has been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- A description of where the material that you claim is infringing is located, providing information that is reasonably sufficient to permit HCF to remove it or disable access to it.
- Your address, telephone number, and email address and all other information reasonably sufficient to permit HCF to contact you.
- A statement by you that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- HCF’s agent regarding copyright matters on these websites can be reached as follows: HCF Copyright Agent, 8950 SW 74th Ct, Ste. 2201, Miami, FL 33156; Fax: +01-305-851-6244; Email: email@example.com.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who intentionally misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification
We will send you notice that we have removed or disabled access to copyright-protected material that you submitted, if such removal is pursuant to a valid DMCA take-down notice we have received. If you receive such notice from us, you may send a counter-notification in writing to HCF’s designated agent, including all of the following information:
- Your physical or electronic signature;
- A description of the material that has been removed or to which access has been disabled, and and information reasonably sufficient to identify the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, email address, and a statement that you acquiesce to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which HCF may be located, and that you will accept service of process from the person who notified us of the allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
HCF reserves the right, in its sole discretion, to terminate the account or disable access of any user of these websites who is the subject of repeated DMCA or other infringement notifications.
15. DISCLAIMERS AND LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HCF OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, PROVIDERS, THIRD PARTY PARTNERS, ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER OUR CONTENT, MATERIAL OR INFORMATION USED IN THE WEBSITES OR HCF PRODUCTS OR SERVICES, OR THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE WEBSITES AND THE PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF PRIVACY, BREACH OF DATA OR DATA SECURITY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR BUSINESS INTERRUPTION), WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU ASSUME ALL RISK OF USING THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES. EXCEPT AS OTHERWISE SPECIFICALLY INDICATED, THESE WEBSITES AND THE PRODUCTS AND SERVICES OFFERED ON THESE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HCF, ITS THIRD PARTY SUPPLIERS AND THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HCF DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THESE WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. HCF WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS OF SERVICE IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCE BEYOND ITS REASONABLE CONTROL (INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, THREATS OR ACTS OF TERROR, THEFT, ANY ACTION OR INACTION OF GOVERNMENTAL, CIVIL OR MILITARY AUTHORITY, STRIKES, LOCKOUTS OR OTHER LABOR DISPUTES, OR WAR). APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The technology underlying, and the entire contents of these websites, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the United States and other copyright laws, and is the sole property of HCFand/or its licensors and is protected by patent, trademark, copyright and other intellectual property laws. Other than as necessary for your use of the websites in accordance with these Terms, HCF grants no other privileges or rights in our content to you, and you must keep intact all patent, trademark, copyright and other proprietary notices on our content. Any content owned by HCF’s licensors may be subject to additional restrictions. All rights are expressly reserved to HCF and its licensors.
17. HCF TRADEMARK GUIDELINES
HCF® and other HCF trademarks, service marks, trade names and trade dress, whether registered or unregistered, used on these websites are owned by HCF Science, LLC (“HCF Trademarks”). The HCF Trademarks are valuable assets of HCF and may not be displayed or reproduced other than with the prior written consent of HCF, and you may not remove or otherwise modify any trademark or other proprietary notices in or on the HCF products. These HCF Trademark Guidelines contain detailed information about how to refer to HCF’s trademarks in different scenarios. These Trademark Guidelines are designed to ensure adequate legal use of the HCF Trademarks and to prevent customer confusion that can result from inadequate or illegal usage.
- It is important to use the HCF Trademarks in an adequate manner. You may use the HCF trademarks to properly describe or refer to HCF’s goods and services, provided you follow these Guidelines.
- You should not use a larger font size than the surrounding font for the phrases using the HCF Trademarks, and HCF Trademarks should not appear more prominently than the name/logo of your own product or business.
- You may not use the HCF Trademarks to direct your visitors to the HCF homepage and products page without the prior written consent of HCF.
- It is forbidden to use the HCF Trademarks in a way that would mislead consumers into believing that you or your products or services are somehow related to, endorsed by, or affiliated with HCF.
- Never use an HCF trademark as a possessive or in a plural form.
- Correct example: The HCF® product is wonderful.
- Incorrect example: HCF's product is wonderful.
- HCF, Product, Service. You are not allowed to place your name, trademarks, service marks, or product names next to (or combine them with) the HCF Trademarks.
- Logos. You may not use the HCF logos, artwork, trade dress, designs or any combination thereof, or any trademark including these (together, the “Logos”), for any purpose whatsoever without prior written consent from HCF.
- Domain Names, Meta tags, Hidden Text. You may not incorporate the HCF Trademarks in any domain name, meta tag, or other hidden text in a web page without obtaining prior written authorization from HCF.
- Internet Advertising Keywords. You may not use or incorporate the HCF Trademarks in any internet advertising keyword, Ad Word, hashtag, or other term used to trigger advertising or search engine results without being granted prior written permission by HCF.
- Merchandise Items. You may not manufacture, sell, or give away merchandise items bearing any of the HCF Trademarks without obtaining prior written authorization from HCF.
- For federally registered trademarks owned by HCF, the ® symbol must accompany these trademarks (e.g., HCF® Products) and HCF should be adequately identified as the owner of these federally registered marks in a footnote that reads, for example, “HCF® is a registered trademark owned by HCF Science, LLC.”
- For pending applications or common law trademarks owned by HCF, the TM or SM symbol must accompany these trademarks (e.g., FQ Foundation™) and HCF should be adequately identified as the owner of these trademarks in a footnote that reads, for example, “FQ Foundation™ is a mark owned by HCF Science, LLC.”
Social Media Guidelines
- Never use HCF Trademarks as any part of your social media account name, user name, page name, or as a community name.
General Use Guidelines
- Use capitalization in a consistent manner.
- Spell the HCF Trademarks correctly and do not use abbreviations, or combine or hyphenate the respective words in the HCF Trademarks. Do not split the marks onto separate lines of text.
- Always use the HCF Trademarks as adjectives modifying the generic term for the product or service and never use the HCF Trademarks as nouns or as verbs.
- Correct example: HCF® products are a great way to support brain health.
- Incorrect examples: Taking HCF products gives me focus for the entire day.
- Goodwill. All uses and goodwill associated with the HCF Trademarks shall inure solely to the benefit of HCF.
- Reservation of Rights. Unless otherwise agreed to in writing, HCF reserves the right to terminate permission to copy, display or reproduce the HCF Trademarks and to request discontinuation of the use of HCF Trademarks at any time, in its sole discretion. HCF reserves the right to dispute the unfair uses or misuses of its HCF Trademarks and other infringements, as well as uses that HCF in its sole discretion deems illegal or inappropriate, even if such use is not expressly forbidden by these Guidelines. HCF reserves the right to revise these Trademark Guidelines at any time, without prior notice.
Contact Information – For any questions concerning the adequate usage of the HCF Trademarks, the adequate notices, or to request approval to use the HCF Trademarks please contact HCF at firstname.lastname@example.org.
You agree to indemnify, defend, and hold harmless HCF (including, without limitation, all its officers, directors, employees, shareholders, agents, affiliates, licensors, suppliers and representatives, and each of their respective successors and assigns), from and against any and all claims, actions, losses, liabilities, expenses, damages, costs or demands (including, without limitation, reasonable attorneys' fees and expenses), directly or indirectly resulting from any violation of these terms of service, or any activity related to use of these websites (including negligent or wrongful conduct) by you
or any other person accessing these websites using your Internet account, or your ability or inability to use the websites, including any products and services purchased thereon. Your obligation to indemnify and defend HCF as set forth in this section shall include reimbursement of any and all legal fees and related costs and expenses incurred by HCF in connection with any such claim.
20. THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, these websites may link to other websites operated by third parties (“Third Party Sites”). We have no control over these linked Third Party Sites, all of which have separate privacy and data collection practices, independent of HCF. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Links to these Third Party Sites, if any, are only for your convenience and therefore you access them at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that we are not responsible for any loss or damage of any sort you may incur from dealing with such a third party. Links do not imply that HCF sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such Third Party Sites. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
21. GOVERNING LAW AND JURISDICTION
For the purpose of this Provision, you and HCF agree that in the event of any dispute, claim or controversy (whether in contract, statute, regulation, ordinance, tort or otherwise) between you and HCF parties, arising out of, relating to or connected in any way with your use of any of the HCF Products or the breach, enforcement, interpretation or validity of these Terms of Service (each, a “Claim”), the Claim will be resolved exclusively by final and binding arbitration, except as otherwise provided in these Terms of Service. Arbitration is a form of private dispute resolution, more informal than a lawsuit, and uses a neutral arbitrator to resolve the Claim rather than a jury. Arbitration is subject to limited review by courts but the arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. You and HCF are each waiving the right to file a lawsuit, to proceed in court and to a jury trial. Notwithstanding the foregoing, each of the parties may bring an action in court to enjoin infringement or other misuse of a party’s intellectual property.
You and HCF agree to act in good faith to resolve any Claims within thirty (30) days following written notice by either party that a Claim has arisen. If the parties are unable to resolve the Claim within such time period, then the Claim shall be resolved by a single arbitrator through Judicial Arbitration Mediation Services ("JAMS"), in the County of Miami-Dade. Alternately, if it is established or these Terms of Service indicate that a Claim should not go through arbitration, each of you and HCF agree that the Claim will be resolved exclusively in federal court in the County of Miami-Dade (the “Venue”) and relinquish any rights to object as to personal jurisdiction in the Venue. The then-current JAMS Comprehensive Arbitration Rules and Procedures shall apply. All fees charged by JAMS will be divided equally between you and HCF, but each party will assume responsibility for its own attorneys’ fees. If the Claim is $10,000 or less, you may elect to have the arbitration conducted solely on the basis of the documents submitted to the arbitrator. You hereby acknowledge and agree that HCF may effect service of process by email to the address provided by you to HCF. Both you and HCF waive the right to personal service.
You and HCF agree that all Claims will be governed by the laws of the State of Florida, without regard to conflict of laws principles and the Federal Arbitration Act (FAA). Any Claims must be commenced within one (1) year after the event arises and may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative action. You acknowledge that, to the extent permitted by law: (a) any and all Claims will be resolved individually in the Venue nominated above, without resorting to any form of class action; and (b) any judgments and awards shall be limited to actual third-party, out-of-pocket expenses incurred, but in no event shall attorneys’ fees be awarded or recoverable.
22. LOCAL LAWS; EXPORT CONTROL
These websites are controlled, operated, and administered by HCF from its headquarters in the United States of America and HCF makes no representation or warranty that the products and materials offered on these websites are appropriate or available for use in other locations outside the United States, and access to the websites from territories where the content or products available on the websites are illegal is strictly prohibited. If you use these websites or the products outside the United States of America, you are responsible for compliance with any and all local laws, rules, regulations and ordinances. HCF may limit the availability of the websites to any person, geographic area, or jurisdiction it chooses, at any time in its sole discretion.
23. APPLICABLE LAW
Your use of these websites shall be governed in all respects by the laws of the state of Florida, United States of America, without regard to its choice of law provisions.
24. TYPOGRAPHICAL ERRORS
In case a product is listed at the wrong price or with inaccurate information due to typographical error or error in pricing or product information received from our suppliers, HCF will be entitled to reject or cancel any orders placed for the product listed at the wrong price, regardless of whether the order has been confirmed or not and your payment method charged. If your payment method has already been charged for the purchase and we cancel your order, we will promptly issue a refund to your payment method of choice in the amount of the charge.
The provisions concerning Intellectual Property Infringement, Disclaimers and Limitation of Liability, Copyrights, HCF Trademark Guidelines, Indemnification, Governing Law and Jurisdiction, Local Laws; Export Control, Applicable Law, and Typographical Errors shall in all events survive any termination of your account or any termination of these Terms.