TERMS AND CONDITIONS
Ownership of Content
Hesperios owns or licenses all text, graphics, photographs, trademarks, trade names, computer code, and other content used in the Website (“Content”), including the design, structure, selection, coordination, expression, and “look and feel” of such Content.
The Website, including the Content used in the Website, is protected by various copyright, trademark, and other intellectual property laws.
You grant Hesperios a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any text, graphics, photographs, or other user-generated content that you post or agree may be posted to the Website. Such user-generated content may be removed from the Website at Hesperios’s sole discretion or as the parties may otherwise agree.
Hesperios may modify the Website, any feature of the Website, or any Content or user-generated content appearing on the Website at any time without prior notice, including content regarding the description and the price of the products appearing on the Website.
Use of Website
You agree that Hesperios has no responsibility for user-generated content. You further agree that Hesperios has the right to delete any user-generated content, including because Hesperios believes, in its sole discretion, that such content may be infringing, inaccurate, inappropriate, or a threat to the security of the Website. You agree that Hesperios has no liability for deleting any user-generated content.
You agree that you will not modify the Website in any way without Hesperios’s prior written consent, except to post user-generated content. You agree that you will not modify or remove any proprietary rights or attribution notices on the Website, including any copyright, trademark, or similar notices.
You agree that, if you violate any of the above provisions, Hesperios may terminate or suspend your access to the Website.
You will be required to open an account and enter your account information (including a username and a password) to post user-generated content and make purchases using the Website. You agree that you are responsible for maintaining the security of your account information, and you agree to accept responsibility for all activities that occur under your account as a result of your failure to keep your account information secure. You agree that Hesperios is not responsible for third party-access to your account resulting from misappropriation of your account information. You agree to immediately notify Hesperios of any unauthorized use of your account information.
You agree that you will not use any other person’s account information without that person’s prior written consent.
You agree that, if you violate any of the above provisions, Hesperios may cancel or suspend your account and/or change your account information without notice.
Hesperios sells certain products through the Website. Purchases must be made by adults using a valid credit card. By purchasing products through the website, you represent that you are an adult and that you are authorized to make the purchase using the credit card information you provide.
You agree that you will pay for all products you purchase through the Website, and that we may charge your credit card for any products purchased and for any additional amounts that may be applicable to your purchases (including sales taxes and shipping fees), as set forth on the checkout page you will see before authorizing payment. Sales taxes are determined by your shipping address. You are responsible for choosing your desired shipping option during the checkout process. You are responsible for the timely payment of all fees and for providing us with a valid payment method for all fees.
Prices for products offered through the Website may change at any time.
All sales are final, subject to the following provisions.
If a product cannot be delivered at the expected time, or if delivery is unreasonably delayed, your remedy is delivery of the product at a later date or refund of the purchase price.
If a product arrives in a damaged condition, you may be entitled to a full or partial refund. Refunds may be requested by calling Customer Service at +1 929.371.3031 or by sending an email to email@example.com or firstname.lastname@example.org
Hesperios welcomes feedback concerning the Website, but we cannot treat unsolicited suggestions regarding improvements, changes, or other modifications to the Website as confidential or proprietary. You agree that Hesperios is under no obligation to treat such suggestions as confidential or proprietary.
Hesperios disclaims all warranties regarding the website, express or implied, including any warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement. Hesperios makes no promises that the website, or any part of feature of the website will be error-free, or that any defects will be corrected, or that your use of the website will provide specific results. Hesperios makes no promises that the website will be uninterrupted or will be free from viruses or other contamination.
The website is delivered on an “as-is” and “as-available” basis.
Hesperios disclaims any and all liability for your use of the website. Hesperios disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the website.
Limitations on liability
You agree that your sole remedy for any dissatisfaction with the website, or any harm you claim to have suffered as a result of using the website, is to stop using the website. You agree that, except where prohibited by law, Hesperios will not be liable to you for any direct, indirect, punitive, incidental, special, consequential, or other damages, or any costs or attorney’s fees, whether based on contract, tort, negligence, strict liability, or otherwise, even if Hesperios has been advised of the possibility of damages.
You agree that these limitations on liability are a part of the bargain between the parties.
Notwithstanding the above, you agree that, if Hesperios is found to be liable to you as a result of your use of the Website, our liability to you will be limited to obtaining injunctive relief, except where prohibited by law.
You agree to indemnify, defend, and hold harmless Hesperios and its shareholders, directors, officers, employees, agents, successors, and affiliated companies from any demands, claims, fines of third parties, and from any liabilities, costs, and expenses, including reasonable attorney’s fees, incurred by Hesperios as a result of your use or misuse of the Website.
Copyright Infringement Notices
If you believe that anything on the Website constitutes infringement of your copyrights, please send us a copyright infringement notice (otherwise known as a “takedown notice”) as set forth below.
To file a copyright infringement notice with Hesperios, please send us a written communication that includes:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Hesperios to locate the material (such as the URL for the work claimed to have been infringed).
Information reasonably sufficient to permit Hesperios to contact you (such as an email address, physical address, or telephone number).
A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will promptly investigate such notices and advise you of the action taken.
In the event of any dispute between Hesperios and you relating to the Website, the parties will attempt, promptly and in good faith, to resolve the dispute. If the parties are unable to resolve the dispute within a reasonable time, not to exceed 30 days, then the parties may agree to submit such dispute to mediation or arbitration. If the parties do not agree to submit the dispute to mediation or arbitration, or if the dispute cannot be resolved through mediation or arbitration, then the parties are free to pursue any right or remedy available to them under applicable law.
If you have any questions, comments, or concerns, we can be contacted at:
ALL RIGHTS RESERVED. HESPERIOS IS A REGISTERED TRADEMARK OF HESPERIOS, INC.
® 2020 HESPERIOS, INC.
Updated: July 7, 2018