TERMS OF SERVICE

 

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Last Updated: January 2, 2024
 

Please read these Terms of Service (the “Agreement”) carefully. This is a legal Agreement between you and Hampshire Inc. and its affiliates (as applicable based on the Services), which include but are not limited to,Hampshire Inc, Hampshire Properties (“we,” “us,” or “Hampshire Inc”) governing your access and use of any website or mobile application provided by us (collectively, the “Services”). “You” and “your” mean both an individual using the Services and an entity if you are using the Services on behalf of, or for the benefit of an entity (for example, a Market Center). The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.

 

 Hampshire Inc. provides website features and other products and services to you when you visit our family of websites (including mobile websites) and our mobile applications or use our software in connection with any of the foregoing, in each case subject to your compliance with these Terms of Service. 

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITES. These Terms of Service constitute an agreement between Hampshire Inc. and you. We recommend that you print out a copy of these Terms of Service for your records.

By using the Sites, you affirm that you are able and legally competent to agree to and comply with these Terms of Service. If you do not agree to these Terms of Service or if you are not legally competent to agree to them, then you may not use the Sites.

Please note that these Terms of Service contain provisions that govern the resolution of claims between Hampshire Inc. and you, including an arbitration agreement, class action waiver, and jury trial waiver that affect your rights. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. Please see the Legal Disputes section below for complete details and review carefully.

 

Privacy & Security

 

Please review our Privacy Policy, which is incorporated into these Terms of Service and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Service, the Terms of Service govern.

Information security is important to Hampshire Inc.. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from or about our users.Hampshire Inc. does, however, reserve the right at all times to disclose any information as Hampshire Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes

 

 Hampshire Inc. reserves the right, at any time, to change these Terms of Service, our Privacy Policy and/or the Sites. Changes, however, shall not apply retroactively to claims for which you or Hampshire Inc. have given notice. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Service and/or Privacy Policy as revised. The revised Terms of Service and/or Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a non-electronic version of these Terms of Service.

We will notify you of any change to these Terms of Service by any reasonable means, such as by updating the "Last Updated" date at the top of these Terms of Service.  

Intellectual Property Rights

 

The Sites contain valuable trademarks and service marks owned and used by Hampshire Inc., including but not limited to,Hampshire Inc., the Hampshire Inc. design logo (collectively, the " Hampshire Inc. Marks"). Any use of the Hampshire Inc. Marks without the prior written permission of Hampshire Inc. is strictly prohibited. The arrangement and layout of the Sites, including but not limited to, the Hampshire Inc. Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Hampshire Inc..

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.

 

Hampshire Inc. uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners.

For claims of copyright infringement, please see our Copyright Policy.  

 

User-Generated Content

 

From time to time, the Sites permit the submission of content, such as comments, blogs and product reviews, generated by you and other users ("User Content").

You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.

 

By submitting User Content, you represent and warrant to Hampshire Inc. that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize Hampshire Inc. to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate Hampshire Inc.'s

 

Acceptable Use Policy set forth below.

 

As between you and Hampshire Inc., you will retain all of your ownership rights in and to your User Content. By submitting User Content to Hampshire Inc., you hereby grant to Hampshire Inc. a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Hampshire Inc. (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Service.

 

Hampshire Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein.Hampshire Inc. reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites.Hampshire Inc. has the right to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Sites for any reason.Hampshire Inc. takes no responsibility for User Content.  

 

Social Media Tag Usage

 

BY USING # Hampshire Inc., @ Hampshire Inc. AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE Hampshire Inc. WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS.  

Acceptable Use Policy

 

By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Hampshire Inc. all of the rights granted herein; (ii) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Hampshire Inc.; (iv) impersonate any person or entity, including but not limited to, a representative of Hampshire Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or its/their products or services; (y) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; and/or (z) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability.Hampshire Inc. reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.  

 

Product Orders

 

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.Hampshire Inc. reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Your email order confirmation and invoice will identify the seller of record for your order.  Prices and availability of products on the Sites are subject to change without notice. Errors will be corrected when discovered and Hampshire Inc. reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted,Hampshire Inc. reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Hampshire Inc.'s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation. 

 

Links to Other Websites

 

The Sites may contain links to third-party websites ("Other Sites") that are not under Hampshire Inc.'s control.Hampshire Inc. makes no claim and accepts no responsibility regarding the quality, nature or reliability of the Other Sites that are accessible by hyperlinks from the Sites or link to the Sites.Hampshire Inc. provides these links to you as a convenience and the inclusion of any link does not imply endorsement by Hampshire Inc. of Other Sites or any association with the operators of such Other Sites. You are responsible for viewing and abiding by the privacy statements and Terms of Service posted at any third-party sites.  

 

Mobile Devices, SMS, and Mobile Applications

 

If you use a mobile device to access pages of the Sites optimized for mobile-viewing, opt in to receive SMS (text messages) from Hampshire Inc. (as/when available), or use a mobile application, the following additional terms and conditions ("Mobile Terms") also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms of Service.

 

By opting in, you agree to receive promotional SMS text messages on your mobile device, message frequency varies.  You can opt out at any time and for any reason by following provided instructions or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming you are unsubscribed. After this, you will no longer receive SMS messages from Hampshire Inc.. If you wish to join again, you can opt in at any time. If you have any questions or require further assistance, you may respond "HELP" to the number associated with the SMS message. For more information, please contact us by emailing support@ Hampshire Inc..com (please reference "Questions about SMS").

 

By agreeing to receive SMS messages from Hampshire Inc., you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. Carriers are not liable for delivered or undelivered content. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.  

 

Communications with Hampshire Inc.

 

For all communications made to or with Hampshire Inc., including but not limited to feedback, questions, comments, suggestions and the like: (i) you will have no right to confidentiality in your communications and Hampshire Inc. will have no obligation to protect your communications from disclosure; (ii)Hampshire Inc. will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii)Hampshire Inc. will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. 

Indemnity

 

You agree to indemnify and hold Hampshire Inc. and its agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Sites, including any User Content you submit, post to or transmit through the Sites, (ii) your violation of these Terms of Service or (iii) your violation of any rights of another user.  

 

Disclaimer of Warranties

 

Hampshire Inc. intends for the information and data contained in the Sites to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Sites and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law,Hampshire Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.  

 

Limitation on Liability

 

IN NO EVENT WILL Hampshire Inc. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Hampshire Inc. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise and services available through the Sites or other channels. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. Regardless of the previous paragraphs, if Hampshire Inc. is found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.

 

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU MUST PROVIDE NOTICE TO Hampshire Inc., PURSUANT TO THE PROCESS REFERENCED BELOW, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM IS WAIVED AND TIME-BARRED.  

 

Legal Disputes

 

PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF SERVICE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

 

Agreement to Binding Arbitration; Class Action Waiver

 

Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Hampshire Inc., its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, ' Hampshire Inc.') arising from or relating in any way to: (1) these Terms of Service and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms of Service; (2) your use of any website owned or operated by Hampshire Inc.; or (3) any products or services sold or distributed by Hampshire Inc. or through any website owned or operated by Hampshire Inc. (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.

 

Mandatory Informal Dispute Resolution

 

Hampshire Inc. values its clients and customers and seeks to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Hampshire Inc. by email at legal@ Hampshire Inc..com.  If Hampshire Inc. has a dispute with you,Hampshire Inc. agrees to first send a detailed Notice to your e-mail address on file with us. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for Hampshire Inc. to identify any transaction at issue (e.g., your order number, order confirmation communication, etc.); and (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.Hampshire Inc.’s

 

Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it. You and Hampshire Inc. agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Hampshire Inc. request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or Hampshire Inc. may initiate an arbitration.

 

Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Hampshire Inc.. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.

 

Initiating Arbitration and Arbitration Rules

 

Any arbitration between you and Hampshire Inc. shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM at NAM’s email address commercial@namadr.com. If NAM is unavailable or unwilling to apply this Legal Disputes Section as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator.

 

To begin an arbitration proceeding, you must send the demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim, including with the information required for your Notice and the accompanying signed certification of compliance with the informal process referenced above (collectively referred to as “demand for arbitration”), to NAM. You must personally sign your demand for arbitration. You agree to also send Hampshire Inc. a copy of your demand for arbitration at legal@ Hampshire Inc..com. If Hampshire Inc. initiates arbitration, we will send a copy of our demand for arbitration to your email address on file with us.

You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or in person in the county where you live or at another location reasonably convenient for you, or at a mutually agreed-upon location.Hampshire Inc. reserves the right to request an in-person or videoconference hearing at any point within 14 days after its deadline to file any answer. After that time,Hampshire Inc. retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). Should a hearing take place in person, it shall take place consistent with the geographic parameters set forth above.

 

Arbitration Fees

 

Payment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the rules of another designated administrator as set forth above). Upon a showing of financial hardship,Hampshire Inc. will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or other) Rules.

Arbitration Authority

The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms of Service as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and Hampshire Inc. and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or rules of the designated administrator as set forth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award.

 

Sole Exceptions to Arbitration

 

Notwithstanding the foregoing, in lieu of arbitration: (1) either you orHampshire Inc. may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2) you agree that you or Hampshire Inc. may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Jury Trial and Class Action Waiver

 

Except as the Terms of Service otherwise provide and to the fullest extent permitted by law, you and Hampshire Inc. acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Hampshire Inc. may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.

 

Governing Law

 

You and Hampshire Inc. agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act ("FAA") and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the State of Arizona apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts in Maricopa County, State of Arizona.

 

Other

 

To the extent that any other provision of the Terms of Service is found to be inconsistent with rights, duties, and requirements of this arbitration agreement, or where the application of such a provision would change or render unenforceable any part of this arbitration agreement, such provision shall be null and void and the terms of this arbitration agreement shall control.  

 

Termination

 

Your ability to access and use the Sites remains in effect until terminated in accordance with these Terms of Service. You agree that Hampshire Inc., in its sole discretion, may terminate your account and your use of the Sites and may remove and delete your User Content if Hampshire Inc. believes that you have violated or acted inconsistently with these Terms of Service or for any other reason.Hampshire Inc. also may in its sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice and you acknowledge and agree that Hampshire Inc. may bar any further access to the Sites. Further, you agree that Hampshire Inc. will not be liable to you or any third-party for any termination of access to the Sites.

 

For instructions for deleting your account, please see the "Registering for the Service" section of our Privacy Policy.

The provisions of the Intellectual Property Rights, User-Generated Content, Acceptable Use Policy, Disclaimer of Warranties, Indemnity, Limitation of Liability, Legal Dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Service.  

 

Right to Access

 

YOU MUST BE AT LEAST AGE 13 TO USE THE SITES. By using the Sites, you affirm that you are over age 13. If you are under age 13, you may not access or use the Sites.

IF YOU ARE A PARENT OR GUARDIAN THAT PROVIDES CONSENT TO YOUR TEENAGER'S REGISTRATION WITH AND USE OF THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS IN RESPECT OF SUCH TEENAGER'S USE OF THE SITES.  

Outages

 

 Hampshire Inc. periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that Hampshire Inc. has no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.  

 

Jurisdictional Issues

 

The Sites are operated by Hampshire Inc. from its offices in Scottsdale, Arizona, USA. The Sites are intended for users who reside in the United States of America.Hampshire Inc. makes no representations or warranties that the Sites or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Sites outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.Hampshire Inc. reserves the right to limit the availability of the Sites and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion. Any software on the Sites is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.  

 

General Information

 

No waiver of any provision or any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this Agreement is determined to be illegal or unenforceable, the balance of the Agreement shall continue to be fully valid, binding, and enforceable. These Terms of Service set forth the entire Agreement between you and Hampshire Inc. with respect to use of the Sites and supersede any prior agreements between you and Hampshire Inc. relating to such subject matter. The Terms are not assignable, transferable or sublicensable by you except with Hampshire Inc.'s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.Hampshire Inc.'s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Hampshire Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered byHampshire Inc. with respect to such use. A printed version of these Terms of Service and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Service must be written in the English language.  

 

Violations

 

Please report any violations of these Terms of Service to the system administrator at support@ Hampshire Inc..com.

Questions?

If you have questions, comments or complaints about these Terms or the Sites, please contact us at support@ Hampshire Inc..com (please reference "Questions about the Sites").