Last updated: January 1, 2022
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Hustler® Antenna website, including any content, products, and services offered on the website (collectively referred to as the “Website”).
Please read these Terms carefully before using the Website. By accessing or using the Website, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.
We may periodically make changes to these Terms and will notify you of any material changes by posting the revised Terms on the Website. All changes will be effective immediately upon posting on the Website. Your continued use of the Website constitutes your acceptance of the revised Terms. You should review these Terms regularly, and especially before you make any purchases through the Website.
Use of the Website
Eligibility: The Website is intended for access and use only by individuals who are 18 years of age or older. Any access or use of the Website by anyone under 18 is not authorized and violates these Terms.
Accounts: In order to make purchases, access certain features, or utilize certain functions, you may be required to register for an account. When you create an account, you agree to provide accurate and complete information about yourself, and to promptly update your account information if it changes.
Permissions: The Website content and materials are owned by or licensed to Hustler® Antenna and are protected by copyright, trademark, patent, and other intellectual property laws. Subject to your compliance with these Terms, Hustler® Antenna grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Website for your own personal use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website content unless expressly permitted by these Terms.
Prohibited Conduct: You agree not to engage in any conduct that: (a) infringes or violates any third party’s rights including intellectual property, privacy, publicity, or contractual rights; (b) is fraudulent, illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, or tortious; (c) contains or installs any viruses, worms, bugs, Trojan horses, malware, or other code, files, or programs designed to harm Website functionality or access; (d) interferes with any other party’s use and enjoyment of the Website; (e) employs scraping or similar data gathering or extraction methods to accumulate any Website content; (f) violates any applicable laws, rules, or regulations; or (g) is otherwise inappropriate as determined by Hustler® Antenna in its sole discretion.
Purchases and Payment
Orders: When you place an order through the Website, you agree: (a) to provide accurate, complete, and current information about yourself; (b) that you are authorized to use the payment method you provide; and (c) that charges incurred by you will be valid and free from dispute.
Availability: We make every effort to keep items in stock and ship orders quickly. However, we do not guarantee availability or shipment times for orders. Items are subject to stock shortages and delivery delays beyond our control.
Shipping: We will arrange for shipment of your order to the address you provide. We may ship items separately if needed. Shipping and delivery dates are estimates only – we cannot guarantee exact shipping times or dates.
Prices: Prices on the Website are listed in U.S. dollars and may change at any time without notice. Price increases will not affect orders that we have already shipped, except in the case of technical error.
Payments: We accept payment methods described on the Website. All payment information that you provide must be accurate and complete. By submitting payment information, you represent that you are authorized to use the payment method provided.
Taxes: You are responsible for any applicable taxes associated with your purchases, including import taxes if applicable.
Returns: Please review our Return Policy posted on the Website to determine if your item is eligible for return. You will be responsible for all shipping costs associated with returns.
Website Content
Ownership: The Website contains content owned or licensed by Hustler® Antenna, including trademarks, service marks, copyrighted content, photographs, audio, videos, graphics and other intellectual property.
No Reliance: Content on the Website is for informational purposes only and should not be relied upon as purchasing, investment, accounting, legal, or financial advice. You should conduct thorough research and consult with advisors before making any purchases or financial decisions.
Errors: While we try to provide accurate product details, specifications, prices, and other information on the Website, errors may occur. We reserve the right to correct errors and change product information at any time without notice.
Links: For your convenience, the Website may contain links to other websites not operated by Hustler® Antenna. We are not responsible for the content or accuracy of these sites. Your use of any third party sites is at your own risk.
Intellectual Property
Hustler® Antenna and our licensors own all proprietary rights in the Website, including patents, trademarks, service marks, copyrights, trade secrets, and other intellectual property rights. You do not acquire any ownership rights by accessing or using the Website. You agree not to:
- Infringe upon, misappropriate, or violate any of Hustler® Antenna’s intellectual property rights.
- Upload or transmit any materials that infringe on third party intellectual property rights.
- Register or attempt to register any intellectual property rights that use, copy, or are confusingly similar to Hustler® Antenna intellectual property.
Warranty Disclaimers
AS IS: THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE WEBSITE.
ACCURACY: WE MAKE NO GUARANTEES ABOUT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY WEBSITE CONTENT, PRODUCT SPECIFICATIONS, PRICES, OR OTHER INFORMATION PROVIDED.
HARM: WE MAKE NO GUARANTEES THAT THE WEBSITE OR ITS CONTENT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU WAIVE ANY CLAIM RELATED THERETO.
PRODUCTS: ALL PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU USE AND PURCHASE PRODUCTS AT YOUR OWN RISK. WE MAKE NO WARRANTIES THAT PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUSTLER® ANTENNA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL HUSTLER® ANTENNA’S TOTAL LIABILITY ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITE OR ITS CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO ALLOCATE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE FEES, IF ANY, CHARGED UNDER THESE TERMS.
Indemnification
You agree to defend, indemnify, and hold harmless Hustler® Antenna and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your misuse of the Website; (b) your violation of these Terms; or (c) your violation of any third party rights. If you cause a Hustler® Antenna legal claim, we have the right to control the defense and settlement of the matter.
Termination
We reserve the right to terminate your Website access or your account for any reason at our discretion, including for violations of these Terms. Provisions that survive termination of these Terms include those related to ownership, intellectual property, disclaimers, limitations of liability, indemnification, and others which by their nature are intended to survive.
Changes to the Terms
We may revise these Terms from time to time to reflect changes to our business, Website, or applicable laws. The revised Terms will be effective as of the published effective date. If the revised version includes any material changes, we will notify you by email prior to the changes taking effect. Your continued use of the Website signifies your acceptance of the current Terms. Revisions will not apply retroactively. You should check these Terms periodically for changes.
General Provisions
Governing Law: These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. Any dispute arising out of these Terms shall be adjudicated in the state or federal courts of San Francisco County, California.
No Waiver: Any failure by Hustler® Antenna to enforce these Terms or exercise any provision hereof shall not constitute a waiver of that right.
Severability: If any part of these Terms is deemed invalid or unenforceable, the remaining portions shall still remain valid and enforceable.
Assignment: You may not assign or transfer these Terms or any rights or obligations contained herein without the prior written consent of Hustler® Antenna. Hustler® Antenna may freely assign these Terms. Any attempted assignment or transfer in violation of this section will be null and void.
Entire Agreement: These Terms constitute the entire agreement between you and Hustler® Antenna related to your access and use of the Website.
Contact Us
If you have any questions about these Terms, please contact us at:
Hustler® Antenna
123 Main St
Anytown, CA 12345
Phone: (555) 555-1234
Email: [email protected]
These Terms were last updated on January 1, 2022.