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TERMS AND CONDITIONS

Last Updated March,10 2024

 

Use of This Site Constitutes Acceptance Of These Term and Conditions.

These Terms and Conditions apply to the web site HERRINGTONANDHUNTER.COM, and the web pages, interactive features, applications, blogs, social networks, and other online or wireless offerings, (COLLECTEVILEY THE SITE) Please carefully read the following because, by using this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. We reserve the right, at any time, to modify, alter or update these Terms and Conditions, and you agree to be bound by such modifications, alterations or updates.

SITE CONTENT

All materials, including illustrations, photographs, product, images, artwork, designs, text graphics, logos, button icons, images, audio clips and software (collectively, “Content”) appearing on this Site are owned or controlled by ,HERRINGTON AND HUNTER LLC Licensing Inc. and/or its subsidiaries, affiliates and content suppliers (collectively, “HERRINGTON AND HUNTER”) and are protected by worldwide trademark, trade dress and copyright laws. The Content of this Site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise) use by the users of this Site. You may not download Content from this Site, or otherwise modify, obscure, or delete any copyright or other propriety notices on this Site. No right, title or interest in any materials or software, if applicable, on this Site is transferred to you from your use of this Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, this Site, or any related software.

We prohibit crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, prices and images (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).

 

HERRINGTON AND HUNTER CLUB

THE HERRINGTON AND HUNTER CLUB & Eligibility

All customers are invited to become -  HERRINGTON AND HUNTER loyalty program (the "Club") members (each a "Member", collectively "Members") by completing a membership profile online at one of the following URLs:(each a "Store", collectively "Stores") listed on the HERRINGTON AND HUNTER website at HERRINGTONANDHUNTER.COM As a Member, among other things, you agree to provide HERRINGTON AND HUNTER with accurate, current, and complete information, and to update this information as it changes, to maintain your eligibility for the Club membership. Any failure on your part to act in accordance with this obligation and/or the Club Terms & Conditions will be considered by HERRINGTON AND HUNTER to be a breach of the Club Terms and Conditions. There are no fees to join, and membership is open to all legal residents of the United States (including the District of Columbia, Puerto Rico and Guam) and Canada, who have reached the legal age of majority and over in their jurisdiction of residence at the time of entry, and maintain a valid electronic mail (email) address. Members consent to HERRINGTON AND HUNTERR accumulation, retention, and use of all information regarding their purchases acquired by HERRINGTON AND HUNTER as a result of their participation in the Club. The Club and participation therein is void where prohibited by law or where HERRINGTON AND HUNTER would be obligated to apply for any special license, bonding, permit, or other government regulatory approval relating to the Club. All references to dollar shall mean United States dollars.

The HERRINGTON AND HUNTER CLUB Offers and Benefits

New members, upon completion of their member profile, will be issued a welcome offer by email and other offers by email and mail, valid towards merchandise purchases only. The Club offers may be redeemed for merchandise purchases only which exceed the face value of the offer. Members may not use multiple offers to make a purchase. The Club offers are valid as indicated on each offer. HERRINGTON AND HUNTER is not responsible for lost or stolen offers, or for the delivery of Club offers into member's email inbox.  Please add HERRINGTONANDHUNTER.COM into your personal email address book to help ensure delivery into your email inbox. For returns, any discount (as shown on the receipt) applied to merchandise that is returned will be deducted from any refund amount. Only Members are entitled to use any Club offers issued pursuant to the Club Terms and Conditions. The offer must be surrendered at time of purchase. Offers are void if sold, duplicated, or reproduced, and where prohibited.

Communication & Privacy

By enrolling in the Club, you agree that receiving communications via email is a condition of continued participation. Further, you agree that HERRINGTON AND HUNTER may send you mail and email communications regarding the Club. If you choose to discontinue email communications you may do so by contacting Customer Service, or by unsubscribing via the "unsubscribe here" link on all emails. However, you agree that discontinuation of email communication may result in the loss of future Club offers, as email is the primary method Club offers are issued other than the new member offer. Member personal information will be held in accordance with HERRINGTON AND HUNTER Privacy Policy, which is available from a sales associate or can be found at: HERRINGTONANDHUNTER.COM To protect the integrity of the Club, we regularly screen activity which occurs in connection with our Members' accounts and will notify you using the email address you provided in connection with your account if we notice any suspicious activity.

Changes to Terms & Conditions

HERRINGTON AND HUNTER has the right, in its sole discretion, to modify, add or delete any of the Club rules, terms, conditions, or benefits, in whole or in part, at any time, with or without notice, even though such changes may reduce (or increase) the value of the Club offers or an individual's benefits, except where prohibited by law. Continued participation in the Club constitutes acceptance of any modifications, additions or deletions. All questions and interpretations concerning the Club Terms and Conditions shall be resolved in the sole discretion of HERRINGTON AND HUNTER and, by joining the Club, participants expressly agree to be bound by HERRINGTON AND HUNTER decisions.

Club Termination

The Club has no predetermined termination date, and may continue until such date as HERRINGTON AND HUNTER, in its sole discretion, designates as the termination date. HERRINGTON AND HUNTER has the right to end the Club at any time without providing written notice to participants. HERRINGTON AND HUNTER reserves the right in its sole discretion to suspend, terminate or refuse your current and/or future rewards or Club membership if it believes any breach of the Club Terms & Conditions has occurred. Any rewards that are based on false or fraudulent information or activity are subject to forfeiture. The failure by HERRINGTON AND HUNTER to act on any breach of the Club Terms & Conditions by you shall not constitute a waiver of HERRINGTON AND HUNTER right to act with respect to any breach of the Club Terms & Conditions.

Club Limitations

HERRINGTON AND HUNTER is not responsible for failures or malfunctions of computer or data transmission systems; interrupted or unavailable network, server or other connections; or any technical problem in connection with the Club, Club administration or Club offers issuance. HERRINGTON AND HUNTER reserves the right, in its sole discretion, to void rewards of any Member who HERRINGTON AND HUNTER believes has attempted to tamper with, influence or impair the administration, security or fairness, of the Club. CAUTION: ANY ATTEMPT BY A MEMBER TO UNDERMINE THE LEGITIMATE OPERATION OF THE CLUB MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, TH RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH MEMBER TO THE FULLEST EXTENT OF THE LAW. By participating, you agree that (1) any and all disputes, claims, and causes of action arising out of or connected with the Club, or any rewards awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and shall not include any punitive, consequential or other damages, including costs associated with entering the Club but in no event attorneys' fees; and (3) under no circumstances will any Member be permitted to obtain any award for, and Member hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of members and HERRINGTON AND HUNTER, shall be determined by HERRINGTON AND HUNTER in its sole and absolute discretion. These rules shall be governed by, and construed in accordance with the laws of the State of KANSAS without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of KANSAS. Any legal proceedings arising out of the Club shall be instituted only in the federal or state courts located in the State of KANSAS, and members consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating hereto.

Cancel Your Membership

You may cancel your Club membership at any time by writing to: HERRINGTON AND HUNTER P.O.BOX 4463 KANSAS CITY KANSAS, 66104, or INFO@HERRINGTONANDHUNTER.COM to email Customer Service. H&H reserves the right to cancel your membership at its sole discretion.

OWNERSHIP OF INTELLECTUAL PROPERTY

All trademarks, service marks and trade names on this Site, including without limitation, the  logo,  the design of the logo HERRINGTON AND HUNTER signature,  are proprietary to HERRINGTON AND HUNTER Licensing LLC. No use of these may be made without prior, written authorization of HERRINGTON AND HUNTER LLC. The products, logos, designs, advertisements and images described and/or displayed on this Site may be the subject of other intellectual property rights reserved by HERRINGTON AND HUNTER or other third parties. No license is granted with respect to these intellectual property rights.

PRODUCT INFORMATION

HERRINGTON AND HUNTER cannot guarantee that the products and selection appearing on this Site will be available, either through this Site or at retail locations. All product descriptions, specifications, colors, and prices are subject to change by HERRINGTON AND HUNTER at any time without notice. Prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display of the colors of products offered on this Site may impact on your review or perception of the products.

Please call us at 913-212-6100  if you need assistance with our products.

PURCHASES

Products offered for sale and services available on the Site are for personal use only, not for re-sale. We reserve the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe, in our sole discretion, would violate any of our business practices, applicable laws or policies.

ACCURACY OF INFORMATION

The information presented on this Site has been compiled by HERRINGTON AND HUNTER from internal and external sources. No representation is made or warranty given as to the completeness or accuracy of such information. This Site may contain typographical errors, incomplete or out of date information, including but not limited to price information. HERRINGTON AND HUNTER reserve the right to make changes to the information in this Site, or to the services described therein, or update such information at any time without notice (including after you have submitted your order), but HERRINGTON AND HUNTER makes no commitment to correct or update this information. If any price information is inaccurate, HERRINGTON AND HUNTER reserves the right to void any purchases made in reliance on an inaccurate price.

DISCLAIMER

The Information, Services, Products And Materials Contained In This Site, Including Without Limitation, Text, Graphics, Video, Audio, And Hyperlinks, Are Provided, "As Is" And Without Warranties Of Any Kind, Either Express Or Implied, With Respect To Such Information Services, Products And Materials, Including But Not Limited To Warranties Of Satisfactory Quality, Implied Warranties Of Merchantability And Fitness For A Particular Purpose, Title, Non-Infringement, Freedom From Computer Virus, And Implied Warranties Arising From Course Of Dealing Or Course Of Performance To The Fullest Extent Permissible Pursuant To Applicable Law. You Acknowledge, By Your Use Of This Site, That Your Use Of This Site Is At Your Sole Risk, That You Assume Full Responsibility For All Costs Associated With Any Necessary Servicing Or Repairs Of Any Equipment You Use In Connection With Your Use Of This Site, And That In No Event Shall HERRINGTON AND HUNTER Be Liable For Any Direct, Indirect, Special, Punitive, Incidental, Exemplary Or Consequential Damages Or Any Damages Whatsoever, Even If It Has Been Previously Advised Of The Possibility Of Such Damages, Whether In An Action Under Contract, Negligence, Or Otherwise, Arising Out Of Or In Connection With The Use, Inability To Use, Or Performance Of The Information, Services, Products, And Materials Available From This Site.

INDEMNIFICATION

You agree to defend, indemnify and hold HERRINGTON AND HUNTER harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to your use of this Site, your access to, or inability to access this Site, or from your reliance upon any information contained in this Site.

USER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Hilfiger on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Hilfiger’s property.

This Site may provide you with the opportunity to submit materials, information, data, photos, images, opinions, messages, notes, text, graphics, designs, or other content (“UGC”). By submitting UGC to this Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the UGC that you submit. If your UGC contains photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you submit UGC to this Site, you automatically grant us a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Hilfiger to use that UGC for any lawful purpose, commercial, advertising, or otherwise, in any manner or media now or later developed, including, without limitation, the right to translate, display, reproduce, modify, create derivative works, distribute, assign, commercialize, and sub-license that UGC to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any UGC

Hilfiger is and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay any compensation for any UGC; or (3) to respond to any user UGC.

LINKS TO OTHER WEBSITES AND SERVICES

The Site may contain links to web sites other than our own. We do not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Site does not control the content of these sites and takes no responsibility for their content, nor should it be implied that HERRINGTON AND HUNTER endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service or resource.

APPLICABLE LAW AND DISPUTE RESOLUTION/ARBIRTRATION

The use of this Site and the Terms and Conditions will be governed by and construed in accordance with the laws of the State of KANSAS without regard to any conflict of law principles. You agree to submit to personal jurisdiction in the State of KANSAS and further agree that any cause of action arising from or relating to the use of this Site and the Terms and Conditions shall be brought exclusively in the Federal or State Courts residing in KANSAS. In the event any claim is found to be non-arbitrable, normal choice-of-law rules shall apply to any proceeding brought in state or federal court.

Binding Arbitration

Any claim, controversy or dispute arising out of or relating to these Terms and Conditions, the Site, any Services, HERRINGTON AND HUNTER LLC. collection or use of your information (each a “Dispute”) shall be resolved through binding arbitration, rather than in court. All arbitration shall be administered by TO BE DETERMINED. You may obtain a copy of TO BE DETERMINED rules by contacting TO BE DEGTERMINED. The arbitration will be conducted by one arbitrator who will be selected by both parties. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the TO BE DETERMINED rules. Each party shall be responsible for its own attorney, expert and other fees, unless applicable law permits a prevailing party to recover attorney’s fees.

Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

If you are a new user of our Service, you can choose to reject the agreement to arbitrate in these Terms & Conditions by notifying us you opt-out. Your notice should be postmarked no later than 30 days after the date you accept the Terms & Conditions the first time. You must mail your opt-out notice to: ATTN: Legal Department/ HERRINGTON AND HUNTER

P.O BOX 4463 KANSAS CITY KANSAS 66104.

Arbitration Final

The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and Federal Arbitration Law, govern the interpretation and enforcement of the dispute resolution provisions in these Terms and Conditions. The dispute resolution provisions shall survive termination of the Terms and Conditions.

Class Action Waiver

To the fullest extent permitted by law, any proceeding hereunder shall be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED OR ARBITRATED ON A CLASS, JOINT, COLLECTIVE OR CONSOLIDATED BASIS OR IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS CLAIMS AS A PRIVATE ATTORNEY GENERAL OR FOR PUBLIC INJUNCTIVE RELIEF).

Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

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