Terms & Conditions

CONDITIONS OF USE
Terms conditions

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Terms Conditions

Welcome to HNTRISM. HNTRISM and all affiliated websites are owned and operated by The Clever Ideas Lab, LLC and based in Atlanta, Georgia in the United States. The HNTRISM Platform is a media platform dedicated to emerging and indie brands in home interiors, home entertaining, fashion, skincare, fragrance and design. HNTRISM brings together retailers, products, manufacturers, brands and design enthusiasts to explore, discover, be entertained and enjoy.

These Terms of Use sets forth the agreement between you and The Clever Ideas Lab LLC It governs your use of the products and services we offer through our website and applications (collectively the “Site” or “HNTRISM Platform“). If you participate in the purchase or sale of goods (the “HNTRISM Shop“) on the HNTRISM Platform, then your agreement to these terms also includes your agreement with The Clever Ideas Lab LLC, a Georgia limited liability company that operates Berchard’s Fine Living, Asbury Apothecary and FOUR/POINT/EIGHT. HNTRISM LLC and HNTRISM Shop collectively will be referred to as “HNTRISM” “we” or “us” in this agreement.

This agreement provides important information to you, including information about your obligations about your content, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action.

Please make sure to read this agreement, because your use of the Site is consent to these terms. If you do not agree to any of the updated terms, you should stop using the HNTRISM Platform.


1. HNTRISM AS A FACILITATOR

HNTRISM acts as an online marketplace that allows designers and boutiques (collectively, “Sellers”) a platform to advertise and sell a wide variety of products and services, including home goods, books, apparel, fashion accessories, skincare, fragrance handbags, and others to buyers (“Buyers”). HNTRISM is not involved directly in the transaction between Buyers and Sellers and is not liable for any such transaction. HNTRISM has no control over the quality, safety, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. If a dispute arises, HNTRISM will use its best efforts to work with you and a Seller to resolve any dispute you may have with respect to a product you purchased using this website.

2. USING THE HNTRISM PLATFORM

  • Who can use it. You must be at least the age of majority in the state where you live to use the Site. Use of the HNTRISM Platform by anyone under 13 years of age is prohibited. HNTRISM does not knowingly market to or sell products to children. You may only buy items from HNTRISM and associated websites if you are legally capable of forming a binding contract with the Seller (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with these Terms and are not a person barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organization, or other entity, then: "you" includes you and that entity; and you represent and warrant that you are authorized on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity's behalf.
  • Services. The Services we offer allow you to search through the Website and purchase products from a large number of Partner boutiques and brands worldwide. The Services that HNTRISM provides are always evolving and the form and nature of the Services that HNTRISM provides may change from time to time without prior notice to you. In addition, HNTRISM may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. HNTRISM retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by HNTRISM on the Services are subject to change. In consideration for HNTRISM granting you access to and use of the Services, you agree that HNTRISM and its third-party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. However, as stated above, the contract for the purchase of the products is between you and the relevant Partner. This means that it is the Partner (not us) who is legally responsible for selling the products to you.
  • Registration. Access to certain functionalities of the HNTRISM Platform will require you to register with us. If you register with HNTRISM, you agree to provide us accurate information and update it as needed for accuracy. We will treat personally identifiable information you provide as part of registration in accordance with our Privacy Policy. You agree to register with HNTRISM and access and use your account solely for personal use. You may not authorize others to use your account. You are solely responsible for keeping your registration and other personal details (including your username and password) for your account confidential. You shall promptly notify HNTRISM of any actual or suspected unauthorized third-party access to your account. You shall co-operate with, and assist, us in any action or proceedings by us to prevent or otherwise deal with any unauthorized receipt, access or use of your account by any third party.
  • Privacy Policy.  Our privacy practices are set forth in our Privacy Policy. By use of the HNTRISM Platform, you agree to accept the Privacy Policy, regardless of whether you are a registered user.
  • Termination. You may close your account at any time by going to account settings and disabling your account. We may permanently or temporarily suspend your use of the site or the service at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any HNTRISM policy. Upon termination of your use of the service, certain provisions will survive termination, as detailed in Section 9(m).
  • Feedback. We welcome your feedback and suggestions about how to improve the HNTRISM Platform. Feel free to submit feedback at https://www.hntrism.com/contact-us. By submitting feedback in this or in  any other manner to us, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

3. OUR CONTENT AND MATERIALS

  • Definition of Our Content and Materials. All intellectual property in or related to the HNTRISM Platform (specifically including, but not limited to our software, the HNTRISM marks, the HNTRISM logo, and HNTRISM buttons, badges, and widgets, but excluding Your Content), is the property of HNTRISM Inc., its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
  • Our License to You. Subject to these terms of use, including the restrictions below, we grant you a limited, non-exclusive license to use and access Our Content and Materials in connection with your use of the HNTRISM Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a Profile or your entering into a vendor, seller, advertiser, Site Designer, or other agreement with us), your use of the HNTRISM Platform must be limited to personal, non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
  • No Endorsement or Verification. Please note that the HNTRISM Platform enables access to third-party content, products and services, and it offers interactions with third-parties over which we have no control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). Participation or availability on the HNTRISM Platform does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the HNTRISM Platform by anyone.
  • Restrictions. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. HNTRISM permission to you for your use of the HNTRISM Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You expressly are prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the HNTRISM Platform. You may view and print a reasonable number of copies of web pages located on the HNTRISM Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to HNTRISM.
  • Ownership. You acknowledge and agree that the HNTRISM Platform and HNTRISM marks will remain the property of HNTRISM. The content, information and services made available on the HNTRISM Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the HNTRISM Platform.

4. THE PRODUCTS ON THE HNTRISM PLATFORM

  • Purchase of Goods through the HNTRISM Platform. HNTRISM attempts to be as accurate as possible in the description of the products displayed on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our Customer Service Advisors if you would like more information about a product. The images of the products on the Website are for illustrative purposes only, and although we attempt to display colors accurately, we cannot guarantee that your computer’s display of the images accurately reflect the true color of the products.
  • Product Quality. We do not allow Partners to offer flawed items or products of lower quality than the corresponding market standards for sale on the Website. If an item you have ordered is not as described, is flawed or of a lower quality, you can return it to us and we will liaise with the Partner on your behalf. Once the item is received by the relevant Partner, you will receive a full refund of the defective product, or alternatively a discount, replacement or repair for the item where possible, agreed on a case by case basis by us. We will refund you any applicable delivery charges and any reasonable costs you incur in returning the products (we will advise you whether the products will be collected from you or whether you need to arrange for them to be returned). As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
  • Product Use. The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, reexport, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List. Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
  • Environment. HNTRISM guarantees that the Beauty products displayed on our site do not contain components that can cause risk to health, property or the environment.
  • Partner Relationship. As explained above, the contract for the purchase of the products is between you and the relevant Partner. HNTRISM is acting as agent and are authorized by the relevant Partner to conclude the contract on its behalf but we are not a party to that contract and you are not purchasing the products directly from us. We request that all Partners using the Website have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will liaise with the relevant Partner on your behalf to try and resolve the issue.
  • Third-Party Partner Ethical Guidelines. As a reputable and trusted business committed to offering its customers high quality products, HNTRISM recognizes our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment. We will never knowingly allow a Partner to offer its products on the HNTRISM Website if such products are sourced from countries which are in breach of these principles. We also look to the Partners and other suppliers to instill these principles when dealing with their own supplier base. Because of the complex nature of the Partners and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognize the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.

5. EDITORIAL CONTENT ON THE HNTRISM PLATFORM

  • Editorial Content. HNTRISM has the right, but not the obligation, to monitor or review all materials posted by any users on The Clever Ideas Lab’s Sites, including on the HNTRISM Forum or within our editorial comments. We reserve the right to edit, refuse to post or to remove any information or materials that we believe is objectionable or violates this Agreement, the Terms & Conditions, or applicable laws or regulations. We may remove any review or comment at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such review or comment), or for no reason at all, with or without notice.
  • Editorial Restrictions. HNTRISM may also impose limits on certain features, restricting your access to part or the entire website if it is believed that you may be in breach of these Terms & Conditions, any applicable laws/regulations and/or for any other reason without notice or liability to us. Furthermore, it is acknowledged and agreed that, any actions taken by us to improve the user experience of the website, including monitoring and/or reviewing all materials and subsequently editing, removing or refusing to post such materials shall not be deemed to create any duty towards you nor shall it be deemed a basis for any liability against us.
  • Content Removal. All Content you post on the HNTRISM Platform (such as product reviews) is the sole responsibility of the person who originated such Content. Although HNTRISM does not routinely screen or monitor content posted by users of the Services, HNTRISM reserves the right to do so and to remove content which violates these Terms (or applicable law) of which HNTRISM becomes aware, but HNTRISM is under no obligation to do so. Any use or reliance on any Content or materials posted via the Services or obtained by you through the HNTRISM Platform is at your own risk. If we are notified by a third party that the Content you submit or post is in violation of these Terms or any applicable law, either in letter or in spirit of these Terms, we reserve the right to remove such Content from the HNTRISM Platform without notice to you.
  • Account Termination. Following termination or deactivation of your account, or if you remove any Content from the Services, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and other users of the Services may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through the Services.
  • Amazon. HNTRISM is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com

6. USER’S RIGHTS

  • Intellectual Property Rights to Content. You retain your rights, including copyright and other intellectual property rights, to any Content you submit, post or display on or through the HNTRISM Platform. By submitting, posting or displaying Content on or through the HNTRISM Platform from time to time, you grant HNTRISM a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works from, and distribute such Content in any and all media or distribution methods (whether now known or later developed).
  • Third-Party Rights to Content. You agree that this license includes the right for HNTRISM to make such Content available to other companies, organizations or individuals who partner with HNTRISM for the syndication, broadcast, distribution or publication of such Content on other media and services.
  • Editing of Content.  HNTRISM may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
  • Compensation. You agree that no compensation will be payable to you in respect of any of the foregoing uses by HNTRISM, or other companies, organizations or individuals who partner with HNTRISM with respect to the Content that you submit, post, transmit or otherwise make available through the HNTRISM Platform. You waive all moral rights (or similar or equivalent rights in other jurisdictions) you have in such Content to the fullest extent permitted by law.

7. USER CONDUCT AND USAGE OF THE SITE

You shall not use the Services:

  • in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
  • for any purpose that is not permitted by these Terms;
  • in any way that infringes the rights of any person or entity, including their copyright, trademark or other intellectual property rights, or other privacy or contractual rights;
  • to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
  • in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
  • in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
  • in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
  • to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor's legal guardian);
  • to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
  • to access, tamper with, cause damage to, or use non-public areas of the HNTRISM Platform, The Clever Ideas Lab’s computer systems, servers or equipment or the technical delivery systems of HNTRISM's providers;
  • to access or attempt to access any data of other users of the HNTRISM Platform or to penetrate any of the security measures relating to the HNTRISM Platform, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
  • to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the HNTRISM Platform;
  • to copy, modify, or distribute any other users' Content without their consent;
  • for commercial purposes other than as expressly permitted in these Terms;
  • to bypass measures used to prevent or restrict access to the HNTRISM Platform;
  • to solicit or provide unlawful services;
  • to harvest or otherwise collect information about others without their consent;
  • to gain unauthorized access to the HNTRISM Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform;
  • to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
  • to scrape, crawl or spider or otherwise use the Platform or any Content for phishing, spamming, trolling or any unauthorized (commercial) purpose; or
  • to promote or support or solicit involvement in any political platform or cause, religion (recognized as organized or unorganized), cult or sect of any kind.
  • Content Removal. HNTRISM reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Platform and to terminate users or reclaim usernames. HNTRISM also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of HNTRISM, its users and the public.
  • Usage of HNTRISM API. Except as permitted through the Services (or these Terms), you have to use the HNTRISM API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
  • Security. While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

8. REPORTING VIOLATIONS OF YOUR INTELLECTUAL PROPERTY RIGHTS, HNTRISM POLICIES, OR APPLICABLE LAWS

We have a special process for reporting violations of your intellectual property rights or other violations of HNTRISM policies or applicable laws.

  • Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the HNTRISM Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you the following Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
  • Reports of Other Violations. If you believe content on the HNTRISM Platform violates HNTRISM Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law (apart from copyright or trademark violations), you may submit the following Infringement Claim Form (For Claims Other than Copyright or Trademark). We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.

9. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HNTRISM ENTITIES TO YOU. THE HNTRISM ENTITIES” MEANS HNTRISM LLC, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

  • WE ARE PROVIDING YOU THE SITE, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE HNTRISM ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE
  • THE HNTRISM ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE SITE, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
  • YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE HNTRISM ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE HNTRISM ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE HNTRISM ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR PRODUCTS. YOUR USE OF THE SITE, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

10. INDEMNIFICATION

You agree to fully indemnify, defend, and hold the HNTRISM Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy.; (b) any allegation that any materials you submit to us or transmit to the HNTRISM Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the HNTRISM Platform or other websites to which the HNTRISM Platform is linked; and/or (d) your negligent or willful misconduct.

11. DISPUTE RESOLUTION

  • Arbitration. You and HNTRISM agree that any dispute, claim or controversy arising out of or relating to the this agreement or to your use of the HNTRISM Platform (collectively “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and HNTRISM each are waiving the right to a trial by jury or to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and HNTRISM agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form class action proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section 8 will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” Section 8 will survive any termination of the Terms.
  • Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution’ section. (The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration act will govern the interpretation of this section.
  • Arbitration Process.  A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
  • Arbitration Location and Procedure. Unless you and HNTRISM agree otherwise, the arbitration will be conducted in Atlanta, Georgia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and HNTRISM submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. For claims that exceed $10,000 and involve a hearing, you may elect for the hearing be conducted by telephone.
  • Arbitrator’s Decision. The arbitrator will render an award within the timeframe specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.
  • Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be as set forth in the AAA Rules.

12. MISCELLANEOUS

  • Notice for California Users. Under California Civil Code Section 1789.3, California users of the HNTRISM Platform are entitled to the following specific consumer rights notice: The services are provided by HNTRISM Inc., PO Box 8373 Atlanta, GA 31106. If you have a question or complaint regarding the Service, please contact HNTRISM at legal@HNTRISM.com or by writing to our mailing address. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
  • Supplemental Terms for Certain Services. Certain services offered on the HNTRISM Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services or offering products for sale in the HNTRISM Shop. In the event of any conflict between this agreement and the terms of that separate agreement, the terms of that separate agreement will control.
  • Application Provider Terms.  If you access the HNTRISM Platform through a HNTRISM application, you acknowledge that this agreement is between you and HNTRISM only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms.
  • Controlling Law and Jurisdiction. This agreement will be interpreted in accordance with the laws of the State of Georgia and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in San Francisco, California for any actions for which the arbitration provision, as set forth in the Dispute Resolution provision above, does not apply.
  • Export. The HNTRISM Platform is controlled and operated from our United States offices in the State of Georgia. HNTRISM software is further subject to United States export controls. No software for HNTRISM may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You represent that you are not (1) located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (2) listed on any U.S. government list of prohibited or restricted parties.
  • Changes. We reserve the right at any time to:
    • i. change the terms and conditions of this agreement, consistent with applicable law;
    • ii. change the HNTRISM Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
    • iii. deny or terminate your HNTRISM account, or use of and access to the HNTRISM Platform.
    • Any changes we make to the terms and conditions will be effective immediately upon our making such changes available on the HNTRISM Platform, and posting notice of such changes on the HNTRISM Platform or in another manner in our reasonable discretion. You agree that your continued use of the HNTRISM Platform after such changes constitutes your acceptance of such changes. If you do not agree with any of the updates to this agreement, you should not use the HNTRISM Platform. Be sure to return to this page periodically to ensure your familiarity with the most current version of the terms of use.
  • Languages. English is the authoritative text of this agreement and all communications, notices, arbitrations and other actions and proceedings relating to this agreement will be made and conducted in English, even if we choose to provide translations of this agreement into the native languages in certain countries.
  • Assignment. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with HNTRISM's prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. HNTRISM may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in its sole discretion.
  • Waiver. Our failure to assert a right or provision under this agreement will not constitute a waiver of such right or provision.
  • Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
  • Further Assurances. You agree to execute a hard copy of this agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this agreement and any of your rights or obligations under this agreement.
  • Entire Agreement/ Severability. This agreement supersedes all prior terms, agreements, discussions and writings regarding the HNTRISM Platform and constitutes the entire agreement between you and us regarding the HNTRISM Platform. If any provision in this agreement is found to be unenforceable, then (except as expressly provided otherwise in Section 8(a) (Dispute Process)) that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
  • Survival: The following provisions will survive expiration or termination of this agreement: Section 2 (Your Content) Section 3(d)(Restrictions) and 3(e)(ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 9 (Miscellaneous).
  • Contact. Feel free to contact us by visiting our Support Page with any questions about this agreement. The HNTRISM Platform is operated by: The Clever Ideas Lab LLC. 859 Spring St NW, Atlanta, GA 30308

Last updated May 30, 2018