These Terms of Use were last modified and are effective as of November 2, 2023.
These terms and conditions (these “Terms” or this “Agreement”) apply to the purchase and sale of goods and services through the Hang10 website, mobile application, or a retail sales terminal (collectively, the “Sales Channels”). These Terms are subject to change by H10CW Franchise, LLC (“Hang10,” “we,” “us”) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced above. You should review these Terms prior to purchasing any goods or services that are available through the Sales Channels. The continued use of any Sales Channel after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
Hang10 makes certain goods and services available at participating Hang10 locations (“Locations”) for purchase through the Sales Channels. You may purchase available goods and services through single purchase transactions or as otherwise available through your Hang10 Account or the Hang10 Membership Program. All Hang10 Accounts are subject to the Web Site and Mobile Application Terms of Use and the Hang10 Membership Program is subject to the Membership Program Terms and Conditions. All goods and services are subject to availability and may not be available at all Locations.
The price of any purchased Hang10 goods and services, together with any other charges, fees, and taxes you may incur in connection with a purchase, will be charged to you through your Hang10 Account or your designated payment method. To purchase Hang10 goods or services through any Sales Channels or your Hang10 Account, you must provide a current, valid, accepted debit or credit card, as may be updated from time to time. You authorize us to charge or debit the current designated method of payment for any purchased goods and services. You are responsible for the entry of valid payment information to your Hang10 Account or via the Sales Channels. If any provided payment card data that you submit is incorrect or invalid, your purchase will not be processed. You are solely responsible for any fees and surcharges associated with your designated method of payment. Hang10 is not responsible for any such costs or charges, or for any failure associated with your card. You can add, update, or delete any methods of payment stored to your Hang10 Account at any time. You agree that Hang10 is authorized to update payment information in your Hang10 Account using information provided by the payment processors. You may close your Hang10 Account at any time.
All prices published at the various Sales Channels are subject to change without notice. You agree to pay the price published at the time of purchase. Prices may vary across Locations. All purchases are final and non-refundable except as otherwise expressly indicated.
THE SALES CHANNELS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) TO THE FULLEST EXTENT PERMITTED BY LAW. HANG10 MAKES NO REPRESENTATION OR WARRANTY THAT THE SALES CHANNELS WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION.
IN NO EVENT WILL HANG10 OR ITS AFFILIATES, SUBSIDIARIES, OR FRANCHISEES, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR CONTRACTORS (“HANG10 PARTIES”) BE LIABLE FOR DAMAGES TO YOUR PERSON OR PROPERTY (INCLUDING, WITHOUT LIMITATION, YOUR VEHICLE), ARISING FROM OR RELATED TO YOUR PURCHASE, USE, OR MISUSE OF ANY GOODS OR SERVICES FROM HANG10.,
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL HANG10 PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT HANG10 PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE HANG10 PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE, OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO HANG10 FOR THE GOODS OR SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless each of the Hang10 Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your use or misuse of any Hang10 goods or services, or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
Important – Please Review as This Affects Your Legal Rights
These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Delaware as applied to contracts made and to be performed entirely within Delaware, without giving effect to the state’s conflicts of law statute.
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, YOU AND HANG10 AGREE (A) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO HAVE ANY AND ALL DISPUTES ARISING FROM OR RELATED TO THESE TERMS, OR THE SERVICES, RESOLVED IN A COURT, AND (B) TO WAIVE YOUR AND HANG10’S RESPECTIVE RIGHTS TO A JURY TRIAL. Instead, you and Hang10 agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association (“AAA”) under the arbitration rules in effect at the time the arbitration is initiated (the “AAA Rules”) and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.
Unless the parties agree otherwise, the arbitration will be conducted in Wilmington, Delaware. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL.
You and Hang10 agree that these Terms affect interstate commerce, and that the enforceability of this Section 7 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
YOU AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PURSUE ANY DISPUTES ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Unless otherwise specified herein, these Terms constitute the entire agreement between you and Hang10 with respect to the purchase of goods and services through the Sales Channels and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Hang10. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
We may periodically modify and supplement these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Sales Channels, and any use of the Sales Channels after such revisions have been posted, signifies your consent and agreement to the modified Terms.
