Terms & Conditions

Terms and Conditions

 

This website and any mobile application (collectively, this "Site") is owned, operated and managed by New Paradigm Promotional Marketing, on behalf of Hercules Electric Mobility ("We", "Us", or “Our”). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, or ordering merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site, these Terms, the Privacy Policy and/or any of Our other policies relating to this Site, at any time in Our sole discretion. You are responsible for regularly reviewing this Site and these Terms regarding such changes. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. Continued use of this Site after any such changes have been posted shall constitute your agreement to them. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.

 

Privacy Policy

Our Privacy Policy, which also governs your visit to Our Site, can be found here. Please review our Privacy Policy for information on how We collect, use and share information about our users.

 

Use of This Site

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. All rights not expressly granted by Us to you are retained by Us, and you may not use this Site and/or any element of this Site in any manner or for any purpose not expressly authorized by these Terms.  This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. The rights granted to you do not include, and are not applicable to, the design or layout of this Site, which are protected by trade dress and other laws and may not be copied or imitated in whole or in part.  You shall not:  (a) remove or destroy any proprietary rights marks or legends on or in this Site; (b) modify, enhance, adapt, translate, or create derivative works of this Site; (c) republish, post, transmit, transfer, distribute, assign, rent, lease or sell this Site; (d) decompile, disassemble or reverse engineer this Site; (e) reproduce or make copies of this Site; (f) “frame” or “mirror” this Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display this Site for any commercial or other money-making purpose.  Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. You acknowledge that certain elements of this Site are, or may in the future be, licensed to Us by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of Us. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are not authorized to publish or share a link to this website.

 

Electronic Communication

When you use this Site, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.

 

Restrictions on Rights to Use

You agree you shall not:

 

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of this Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of this Site;
  • collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users;
  • reformat or frame any portion of any Web pages that are part of this Site;
  • transmit or upload to this Site any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system, or the enjoyment of this Site by any user;
  • use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to this Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on this Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  • use this Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law.

 

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

 

Ownership

As between you and Us, this Site, including images, text, graphics, icons, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. All names, marks, symbols and logos used in connection with this Site are trademarks of Us or other third parties (the “Marks”).  We grant you no license, permission or authorization to reproduce or use any Marks, whether owned by Us or a third party. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to this Site, or any element thereof.

 

Purchases on this Site

If you wish to purchase/order any goods or services made available through this Site (each such order, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, billing address, and your shipping information. By submitting such information, you grant to Us the right to provide such information to third parties for purposes of facilitating the completion of any Transaction initiated by you or on your behalf. You agree that all of your Transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those Transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We have attempted to accurately depict the colors and details of the products offered on this Site. We, because the color and product details you see is dependent on your computer monitor, Operator cannot guarantee that the color and details that you see will be exactly as shown on your screen. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been processed or shipped or that the availability of an item has been confirmed. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity maximums and limits on any item or order, to reject all or part of an order even if you have already placed your order. All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.

 

Termination

You may terminate the Terms at any time by discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site.

All provisions of these Terms relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these Terms shall survive termination of these Terms.

 

Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our parents, subsidiaries and affiliates, and our respective officers, directors, attorneys, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, actions, proceedings, damages, costs, losses, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and/or use or misuse of this Site; (b) your violation of these Terms; and (c) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees and costs). You further agree that the We shall have the right to control of the defense or settlement of any third-party Claims.

 

Disclaimers

Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. Your use of the site is at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. No advice or information obtained by you from operator, or through or from the site, shall create any representation or warranty by operator. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components.

 

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOST EXPECTANCY, BENEFIT OF THE BARGAIN DAMAGES OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE EXISTENCE OF SUCH CLAIM AGAINST OPERATOR.

 

Remedies

You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.

 

Modifications to Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice.

 

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

 

No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.

 

Prohibition of Class, Representative, and Consolidated Actions; Wavier of Jury Trial.

You and We agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. Both you and Us each waive any right to a jury trial.

 

Michigan Law and Jurisdiction. 

In order to ensure consistency in the interpretation and enforcement of these Terms and Our rights in this Site, these Terms will be governed exclusively by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction.  You expressly agree that any litigation arising between you and Us related, in any way, to this Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan and/or the Circuit Court in Wayne County, Michigan.  You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

 

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found here and any notices regarding the Site.

 

Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at: shopping@herculesev.com