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Terms & Conditions

Terms of Use

These Terms of Use (the Terms) govern your access to, use of, and purchases at our website located at http://handandgrain.com, our applications for mobile devices, or any other services we offer from time to time. By accessing or using our network, you agree to be bound all of the terms and conditions described in these Terms, whether or not you are a registered user of our network. If you do not understand or do not agree to all of these Terms, do not use our network.

By accessing or using the network, including purchasing any products through the network, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms of Use; (2) that you have the right, authority, and capacity to abide by these Terms of Use; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the network; and (4) you are over 18 years of age.

Hand & Grain reserves the right to update attributes, change, modify or otherwise alter these Terms of Use at any time without notice to you. Such revisions shall be effective immediately upon posting of the revised Terms of Use on the network and you agree that you shall be bound by such. ANY ACCESS OR USE OF THE NETWORK BY YOU AFTER THE POSTING OF ANY REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS OF USE. If you do not want to be bound by these Terms of Use, do not use or access any part of the network.

These Terms of Use are effective unless and until terminated by Hand & Grain. In the event of such termination, you are no longer authorized to access the network, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use, shall each survive such termination.

 If you have questions or would like more information contact us.

ACCESS AND USE OF WEBSITES, APPLICATIONS, MOBILE APPS AND SERVICES

Unless authorized in writing by Hand & Grain, you may use the network solely for your personal and non-commercial use. You agree to only access or use the network solely for legal purposes as allowed by these Terms of Use. Among other things, you agree not to:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the network, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • hack into the network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the network;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the network;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
  • access or attempt to access any password-protected, secure or non-public areas of the network without the express permission of Hand & Grain.

For any portion of the network that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use.

 

INTELLECTUAL PROPERTY

The network and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the network are the property of Hand & Grain and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the network "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Hand & Grain be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the network.

 

CONTENT

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the network are owned by Hand & Grain and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Hand & Grain reserves the right, in its sole discretion, to change, delete, update_attributes, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Hand & Grain in any way except to the extent that it is specifically indicated to be so. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. YOU ACKNOWLEDGE AND AGREE THAT HAND & GRAIN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.


 

CONTENT YOU PROVIDE (USER-GENERATED CONTENT)

Hand & Grain welcomes comments, feedback, reviews, notes, suggestions, thoughts, ideas, proposals, pictures, photographs, information, text, images, illustrations, descriptions,  designs, icons, video clips, audio clips, sounds, files, specifications, catalogs, literature, titles, names and any other materials, but which shall expressly exclude any personally identifiable information (which use shall be governed by our Privacy Policy) (collectively, the "User-Generated Content") from you on the network, including but not limited to its blog, product web pages and elsewhere. You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit to the network (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via the network.

By Submitting User Generated Content to the network, you grant, represent and warrant that you have the right to grant, to HHand & Grain, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sub-license, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you.

You agree that you shall not use the network to Submit any User Generated Content that is (1) unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of other's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable (2) you do not have a right to Submit under any contractual relationships, (3) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (4) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the network, including but not limited to a virus, Trojan horse, worm, or time bomb, or (5) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

 

LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT AND NETWORK

You are hereby granted a non-exclusive, limited and revocable license to view the Content on the network, but only while accessing the network. You agree that you are only authorized to visit, view and retain a copy of any websites or web pages of the network for informational, non-commercial and personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the network for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms of Use.

 

UNAUTHORIZED USE OF THE NETWORK

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the network, or transmit any worms or viruses or any code of a destructive nature on or to the network.

Illegal and/or unauthorized uses of the network, including, but not limited to, unauthorized framing of or linking to the network or unauthorized use of any robot, spider, or other automated device on the network, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

 

LINKING TO THE NETWORK

If Hand & Grain authorizes you to deep-link your website or a service offered by your website to the network, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Hand & Grain has no obligation to continue to provide or make the service or the network available; (2) all conditions, disclaimers and limitations on use set forth in these Terms of Use remain in full force and effect; (3) you will be solely responsible for the data and content that you publish on your website; and (4) Hand & Grain may terminate your access to the network at any time in its sole discretion.

Hand & Grain reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in sole discretion.

 

TERMS OF SALE; PRICES

By placing an order with Hand & Grain, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Hand & Grain's acceptance of an order. We retain the right to refuse any request made by you.

Prior to Hand & Grain's acceptance of an order, verification of information may be required. Hand & Grain reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Hand & Grain, for any reason whatsoever. Hand & Grain reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Hand & Grain shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Hand & Grain shall credit your account in the amount of the incorrect price.

Hand & Grain reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the network are quoted in U.S. dollars.

 

VIOLATION OF THESE TERMS OF USE

You agree that monetary damages may not provide a sufficient remedy to Hand & Grain for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

 

DISCLAIMER AND LIMITATION OF LIABILITY

  1. Disclaimer. HAND & GRAIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, NETWORK AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE NETWORK, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NETWORK, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE NETWORK OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY HAND & GRAIN OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE NETWORK, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY HAND & GRAIN ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, HAND & GRAIN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN.

  1. Limitation of Liability. IN NO EVENT SHALL HAND & GRAIN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE NETWORK, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS NETWORK OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HAND & GRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, HAND & GRAIN'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE NETWORK OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

 

INDEMNITY

You agree to indemnify, defend and hold harmless Hand & Grain, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the network, Hand & Grain and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms of Use, any warranty you provide herein, or otherwise arising in any way out of your use of the network or purchase of the products or services therefrom. Hand & Grain reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Hand & Grain in asserting any available defenses.

 

MODIFICATION/TERMINATION OF NETWORK

In the event of termination of the network, you will still be bound by your obligations under these Terms of Use and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.

GENERAL LEGAL PROVISIONS


These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of San Diego, California, U.S.A., for all disputes arising out of or relating to accessing or using this network. Access to or use of this network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Hand & Grain as a result of these Terms of Use or use of the network.

If any provision in these Terms of Use is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Hand & Grain’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this these Terms of Use is in derogation of Hand & Grain’s right to comply with law enforcement requests or requirements.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding your access to the network. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

OFFERS, PROMOTIONS, AND CUSTOMER CREDITS


  Hand & Grain may from time to time and in its sole discretion make available special offers to its customers and promotional codes that provide an opportunity for customers to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Hand & Grain). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Hand & Grain; (iii) may be disabled by Hand & Grain at any time for any reason without liability to Hand & Grain; (iv) may only be used pursuant to the specific terms that Hand & Grain establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Any such offers and promotions will expire on the dates specified in the offer or promotion.

Hand & Grain reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading.

COPYRIGHT


© Hand & Grain 2017, all rights reserved.

Hand & Grain’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owners legal agent. If you believe that any Content on the Services violates your copyright, please contact our copyright agent.

Pursuant to Title 17, United States Code, Section 512 (the Digital Millennium Copyright Act), notifications of claimed copyright infringement should be sent to Hand & Grain’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

Hand & Grain
Attn: Legal Department
2364 Paseo de las Americas #104-1316
San Diego, CA 92154

EFFECTIVE DATE


January, 2018.

 

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