Terms & Conditions
1. DEFINITIONS. A “user” is someone who accesses, browses, views, or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we,” “us,” “our” or “HopGear” refer to HopGear LLC. “Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “User Content” means Content that you submit or transmit to or through the Site, such as reviews, comments, invitations, advice, and information that you display. “HopGear Content” means Content that we create and make available on the Site. “Third Party Content” means Content that is made available on the Site by parties other than HopGear or its users, such as data providers who license data to HopGear for use on the Site.
2. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.hopgear.com (collectively, the “Site”) or any service connected with the Site (the “Services”), you agree to abide by this Agreement, as they may be amended by HopGear from time to time at its sole discretion. HopGear will post a notice on the Site any time this Agreement has been changed or otherwise updated. It is your responsibility to review this Agreement periodically, and if at any time you find this Agreement unacceptable, you must immediately cease all use of the Site. Continued use of the Site constitutes consent to modifications or changes to the Agreement. In the event any User Content or Third Party Content used on the Site purports to impose different Terms and Conditions, this Agreement supersedes and supplants all others.
When you are required to open an account to purchase goods or products via the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify HopGear immediately on any unauthorized use of your account, user name, or password. HopGear shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by HopGear, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USER CONTENT. You grant HopGear a license to use the materials you post to the Site. Any and all User Content posted to the Site must first be reviewed and approved by HopGear, which reserves the right, in its sole discretion, to modify, edit, or refuse to post any and all User Content. By posting, displaying, or otherwise transmitting User Content to the Site, you are granting HopGear a license to use User Content in connection with the operation of the Internet business of HopGear. HopGear also reserves the right to, without limitation, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that HopGear may publish or otherwise disclose your name, if given, in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing or using the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
6. INTELLECTUAL PROPERTY OWNERSHIP. All HopGear Content included on the Site, such as text, graphics, logos, button icons, images, audio and/or video media, digital downloads, data compilations, and software, is the property of HopGear and is protected by U.S. and international intellectual property laws. The compilation of all content on this site is the exclusive property of HopGear and protected by U.S. and international copyright laws. All software used on this site is the property of HopGear or its software suppliers and protected by United States and international intellectual property laws.
7. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. HopGear has in place certain legally mandated procedures regarding allegations of copyright and other forms of intellectual property infringement occurring on the Site. HopGear’s policy is to investigate any allegations of intellectual property infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want HopGear to delete, edit, or disable the material in question, you must provide HopGear with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the subject work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HopGear to locate the material; (d) information reasonably sufficient to permit HopGear to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to HopGear at firstname.lastname@example.org .
8. INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. HopGear reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. HopGear intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.
9. PROHIBITED USES. HopGear imposes certain restrictions on your permissible use of the Site and Services. Violating or attempting to violate any security feature of the Site is strictly forbidden. Violations of security include, without limitation, (a) accessing content or date not intended for you, including logging onto a server or account that you do not have authorization to access; (b) attempting to damage, disable, overburden or impair the site in any way, attempting to test the vulnerability of the Site, the Services, or any affiliated network, or to breach security measures without proper authorization; (c) attempting to modify, reverse-engineer, decompile, disassemble or reduce the source code used by HopGear to provide the Site and the Services to you. Any attempts to violate security of the Site or the Services may subject you to civil and/or criminal liability.
10. ALLEGED VIOLATIONS. HopGear reserves the right to terminate your use of the Site, and, in its sole discretion, to reject, to refuse to post, or to delete any Content on the Site for any reason. You agree that HopGear or its representatives may access your account and records to investigate complaints or allegations of abuse, infringement of third party rights, or other prohibited uses of the Site. HopGear, without limiting its right to terminate your account as described below, may terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if HopGear believes that you have violated any of the Agreement terms
11. RETURN POLICY. HopGear will provide a refund within 30 days of purchase, provided the terms and conditions contained within our Return Policy are met. See our Return Policy for information relating to product exchanges and returns.
12. PROMO CODES AND MEMBER DEALS. HopGear will honor one active promo code per order, at the time of purchase. Promo codes cannot be used in duplicate or retroactively added to any HopGear purchase. Members of the American Homebrewers Association (AHA) are eligible to receive 20% off all HopGear purchases utilizing promo code AHA20. Membership must be active and verified via AHA. HopGear is not responsible for any content, including membership status, contained within the AHA member database.
13. WARRANTIES. PRODUCTS AND SERVICES ACQUIRED THROUGH THIS SITE ARE WARRANTED FROM DEFECTS FOR 6 MONTHS FROM DATE OF SALE, ALL OTHER IMPLIED WARRANTIES, TO INCLUDE WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE WAIVED. HOPGEAR HEREBY DISCLAIMS ALL WARRANTIES. FOR USE OF THIS SITE, THIS IS MADE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE.
14. LIMITED LIABILITY. HOPGEAR’ LIABILITY TO YOU IS LIMITED. TO THE LESSER OF $100 OR THE AMOUNT PAID TO HOPGEAR ON THE TRANSACTION ALLEGED TO HAVE CAUSED THE DAMAGE, IN NO EVENT SHALL HOPGEAR BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HOPGEAR. ALL CLAIMS FOR DAMAGES MUST BE BROUGHT WITHIN 1 YEAR OF SALE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
15. AFFILIATED SITES. HopGear may contain links to other sites on the World Wide Web. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the Website or any association with its operators. You acknowledge and agree that this Website is not responsible for the availability of such external sites or resources, nor responsible or liable for any content, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. INDEMNITY. You agree to indemnify, defend, and hold harmless HopGear, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all user’s personal claims, third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. HopGear will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the United States and the State of Washington, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Yakima County, Washington, USA in all disputes arising out of or related to the use of the Site.
18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. TERMINATION. You may terminate this Agreement at any time, provided that you discontinue any further use of the Site. HopGear also reserves the right at its sole and arbitrary discretion to terminate your use of the Site for any reason. Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Site or through the Service, as well as all copies of such materials, whether or not such copies were made in accordance with this Agreement.
20. COPYRIGHT. All contents of Site or Service are: Copyright © 2013 HopGear LLC. All rights reserved.