Effective as of April 22, 2018
TERMS & CONDITIONS
HLM Rocks is the owner of the website located at www.hlmrocks.com (the “Website”). Throughout the Website, the terms “We”, “Us” or “Our,” refer to HLM Rocks.
The terms and conditions below govern both the use of the Website as well as any purchase made from the Website (the “Terms & Conditions” or the “Terms”). Please read the Terms & Conditions carefully as you are bound by them even if you do not set up an account or make any purchases; merely using the Website implies that you agree to the Terms. If you do not agree to the Terms, please exit the Website.
We offer the Website only to those who may lawfully enter into and form contracts under applicable law.
Headings used in the Terms are for convenience only and are not to be relied upon for the full scope of the terms and conditions contained under those headings.
Accuracy of information
Despite Our best efforts to provide complete and accurate information, the Website may contain errors or omissions. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Acceptance of orders
We reserve the right to refuse to accept and cancel any order you place with Us. If We cancel your order, We will notify you as soon as possible and promptly refund your payment.
Production & processing times
Unless states otherwise, items available for purchase are in stock and are shipped within 2-3 business days.
Once your order is ready for shipment you will receive an e-mail with a tracking number. We ship orders free of charge to the contiguous United States (the Unites States excluding Hawaii, Alaska and the US territories and possessions). Orders to the non-contiguous US are free for orders over $400; otherwise there will be a $20 shipping fee.
For international orders, please contact us at firstname.lastname@example.org.
For orders shipped to the United States:
We accept returns for a full refund if the following conditions are met:
A return address will be provided with the return authorization number.
Please note: shipping fees are never refundable.
You are responsible for paying the shipping costs for returning your item. We strongly suggest that you use a return service that provides tracking information, and insuring the shipment for at least the cost of the item as We are not responsible for items that do not reach Us. No COD package will be accepted for returns.
Whether a returned item meets the conditions for a refund is to be determined by Us.
Orders shipped outside the Unites States are not eligible for return.
Intellectual Property Ownership & Use
As you visit and navigate the Website your use of the Website is subject to applicable laws governing ownership and use of intellectual property, including Our trademarks and copyrights.
For International Website Users: The Website is hosted in the United States and is directed to users in the United States. By using the Website, you are subjecting yourself to the laws and jurisdiction of the United States.
All content on the Website is the exclusive property of and owned by HLM Rocks or its affiliates, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may not use any of the content of the Website or anything protected by the intellectual property rights of HLM Rocks without Our prior written permission, except as outlined below under Permissible use of material on the Website. Any other trademark that appears on the Website is the property of its owner/s, who may or may not be affiliated with, connected to, or sponsored by Us or Our affiliates.
Permissible use of material on the Website
You may access, copy, download and print any of the content contained on the Website for your personal and non-commercial use, including for sharing on social media platforms, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print and that any posting to any public medium attributes the content to HLM Rocks. Any other use of the content on the Website is expressly prohibited. The granting of an exception for social media sharing does not in any way terminate or limit the intellectual property rights of HLM Rocks.
HLM Rocks, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in HLM Rocks’ sole discretion. HLM Rocks neither warrants nor represents that your use of materials on the Website will not infringe rights of third parties not affiliated with HLM Rocks.
HLM Rocks reserves the right to refuse or cancel any person's registration for the Website or prohibit any person from using the Website for any reason whatsoever.
Except for information necessary to place an order, please do not send Us any confidential or proprietary information through the Website. Any information, materials, suggestions, ideas or comments sent to Us will be considered non-confidential, and by submitting it, you are giving Us the absolute right to use it for any purpose whatsoever, with no compensation to you. However, We will not use your name unless We are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless We first obtain your permission.
Disclaimer of Liability
The Website, and any information available on or through the Website are provided "as is” and "as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws. HLM Rocks expressly disclaims all warranties with respect to the Website and its content.
HLM Rocks, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, resulting from any use of or reliance on, the Website, the content, or other materials or information provided on or through the Website, including, but not limited to, damages for lost profits, loss of goodwill, or loss of data, business interruption, software or content, or any use of any of the foregoing, even if a representative of HLM Rocks has been advised or should have known of the possibility of such damage.
The Terms shall not be altered due to custom or usage or due to the parties’ course of dealing or performance. Nothing in these Terms shall exclude or limit any liability or warranty which may not be excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of particular liabilities or warranties. In such a jurisdiction, only those exclusions or limitations which are lawful will apply to you, and HLM Rocks’ liability will be limited to the maximum extent permitted by that jurisdiction’s law.
We do not represent or warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the Website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Us and We do not assume any liability or responsibility for the accuracy of such information.
If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of HLM Rocks to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the Website or $100.00 USD.
Applicable Law and Jurisdiction
These Terms and any dispute that may arise between you and HLM Rocks shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York without giving effect to any conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Disputes arising from these Terms and your use of the Website shall be resolved by binding arbitration as provided below. You are hereby waiving the right to bring disputes to a court, including the right to trial by jury. If for any reason a claim proceeds in court rather than in arbitration, you waive the right to a jury trial. Any cause of action you may have with respect to your use of the Website must be commenced within one year after the claim or cause of action arises, whether you are aware of it or not. We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Disputes, Arbitration and Class Action Waiver
In the event of any dispute between you and HLM Rocks, you and HLM Rocks agree to make every effort to resolve the dispute without resorting to legal action. You and HLM Rocks will attempt to resolve any dispute through informal negotiation. If a resolution is not reached through informal negotiation, disputes must be resolved through binding arbitration rather than by a court. You are giving up your right to represent, in a class action or otherwise, anyone but yourself. You also give up your right to a trial by jury, should any claim proceed in a court of law.
You agree to arbitrate with HLM Rocks only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms or breaches of intellectual property covenants, We reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in New York, New York.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms by Us must be made in writing and signed by an authorized representative of HLM Rocks specifically referencing these Terms and the provision to be waived.
Whenever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision will be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Terms.
The Website is hosted by Shopify, which provides Us with an e-commerce platform. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall. For more details please read Shopify’s Terms of Service and Privacy policies at www.shopify.com. Any information that Shopify provides to Us will never be sold by Us to third parties.
When you purchase something from the Website, as part of the buying and selling process, your personal information, such as your name, address and email address, will be provided to Us. When you provide Us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, We imply that you consent to our collecting it and using it for that specific reason only. If We ask for your personal information for a secondary reason, like marketing, We will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you receive marketing from Us, you change your mind, you may withdraw your consent for Us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at email@example.com.
We may disclose your personal information to third parties if We are required by law to do so or if you violate the Terms & Conditions.
Updates to the Terms & Conditions
We reserve the right to change or modify the Terms at any time, without prior notice. The most recent Terms & Conditions supersede all prior versions.
We recommend that you keep a printed copy of the Terms & Conditions for future reference.
Last Update: July 12, 2020.