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These Terms and Conditions were last updated February 12, 2015.
Your access to and use of Hello Products, LLC (“Hello,” “we,” or “us”) website(s), including Hello-Products.com (individually and collectively, the “Site”) is subject to the these terms and conditions(these “Terms”) and all applicable statutes, orders, regulations, rules, and other laws. By accessing and browsing the Site, you accept and agree to be bound by these Terms, which are conditions of permission to access or browse the Site. If you do not agree to these Terms, do not access or browse the Site. If you are younger than 18 years of age, you are forbidden from becoming a member of the Site or posting information on the Site.
The form and nature of the services, content and all information posted on the Site is subject to change without notice. In addition, these Terms may be changed, altered or modified at any time and without prior notice. We will make such changes by posting them to the Site. Any updates, revisions, or modifications will take effect when posted to the Site. You should check this page periodically for such changes. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms. Your continued access of the Site after such changes are posted conclusively demonstrates your acceptance of those changes.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any parent, subsidiary, or affiliate, nor any of our or their respective sponsors, vendors, licensors, or licensees (each, an “Affiliated Entity”) shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site.
Subject to these Terms and any other terms and conditions on the Site, Hello hereby grants to you the non-exclusive right to use the Site. The Site, all of the information and materials contained herein, and the software used to make the Site available (collectively, “Content”) are and shall remain the property of Hello and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest in such Content by virtue of accessing the Site or making use of the permitted uses allowed under these Terms.
The trademarks, service marks, trade names, and trade dress on and copyrights on the Site, are the property of Hello or its content suppliers and protected by United States and international laws. Nothing in this Site grants you a license or right to download, use, or reproduce any trademark, service mark, trade name, logo, copyright, trade dress or other content displayed on this Site without prior written permission of Hello. All other trademarks not owned by Hello that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hello.
Hello may host message boards, chat rooms, blogs, and other interactive forums or services or engage in social media platforms such as Facebook, Twitter or Instagram (each, a “Forum”) on the Site. Forums are intended to serve as discussion centers. Any user failing to comply with these Terms may be expelled from and refused continued access to Forums in the future. You understand that Hello staff, Hello’s outside contributors, or other users connected with Hello may participate in Forums or other aspects of the Site and may employ anonymous user names when doing so. You acknowledge and agree that Forums are public spaces and that your participation in such Forums creates no expectation of privacy. Further, you acknowledge that any personal information you communicate in Forums may be seen and used by others. Hello is not responsible for information that you or others choose to communicate in Forums, or for your actions or the actions of other users. Hello or its designated agents may remove or alter any information or content posted or otherwise disclosed in any Forum at any time for any reason. NEVERTHELESS, IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON OR THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
Information, ideas, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same (each, a “Submission”) may be posted within a Forum or otherwise disclosed or made available to Hello by you or others through or in connection with the Site. Submissions posted and/or uploaded to the Forums or through the Site may be subject to size and usage limitations. You are responsible for adhering to such limitations.
You must have the legal right to upload, post, or otherwise disclose or make available each Submission before you do so. Hello acquires no title or ownership rights in or to any Submission you submit through the Forums, post through the Site, or that is otherwise displayed on the Site. Hello is acting only as a host, bulletin board or conduit (and not a publisher) for Submissions. For each such Submission that you submit, upload, or post to the Site, you hereby unconditionally grant to Hello and its Affiliated Entities a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and fully-paid-up, fully sublicensable (through multiple tiers) license, under any and all such rights, without additional compensation to you or any third party to: (a) host (including without limitation offering other Site users the ability to tag, rate, review and comment on), store, cache, index, archive, crawl, reproduce, distribute, adapt (including without limitation edit, modify, remix, morph, excerpt, alter, translate, and reformat, make, sell, offer to sell, import), copy, scan, create derivative works of, transmit, perform and display (publicly or otherwise), make available to the public and otherwise use and exploit (and have others exercise such rights on behalf of us or our Affiliated Entities, through multiple tiers, to the maximum extent permitted by applicable law) such Submission, any ideas accompanying, related to, or embodied in such Submission, and any materials embodying, incorporating, or derived from such Submission, in any format or media whether now known or hereafter developed or discovered (including without limitation Internet, cable, satellite, and wireless media), for any purpose, including but not limited to any advertising or promotional purposes, developing, manufacturing and marketing products incorporating any aspect of such Submission; (b) exercise all copyright, trademark, publicity, privacy and other proprietary rights with regard to such Submission; (c) use your name, or screen name, hometown, photograph, portrait, picture, voice, likeness and biographical information as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your Submission. You also hereby grant each user of the Site a non-exclusive license to access your Submission through the Site, and to tag, rate, review, comment on, use, reproduce, distribute, display and perform such Submission as permitted through the functionality of the Site and under these Terms. To the extent any right you may have in or relating to any Submission cannot be licensed to Hello and its Affiliated Entities under any applicable law or under any legal theory, you hereby irrevocably waive any and all such rights, including without limitation rights of publicity, rights of privacy, trademark rights, trade secret rights, patent rights, copyright rights, and “moral rights” or other rights with respect to attribution of authorship or integrity of materials. For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including without limitation all rights of publicity, and that such Submission does not misappropriate, infringe, or otherwise violate any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any person or entity. You further represent and warrant that such Submission, and your provision thereof to and through the Site, complies with all applicable statutes, orders, regulations, rules and other laws.
Unless otherwise expressly authorized in these Terms or on the Site, you may not take any action to interfere with the Site or any other user’s use of the Site or damage, disable, overburden, impair, decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Site, nor insert any code or product or manipulate the Content in any way that affects any user’s experience. While using the Site you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section.
As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you shall not post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You alone are responsible for the content and consequences of any of your activities.
Any online community hosted on our Site (the “Community”) is designed for your enjoyment by the users of the Site. As a member of the Community, you may receive certain specialized content, as well as special offers from Hello. If you become a member of the Community, you represent that: (i) you are authorized to join Internet programs in which e-mail communications are used; and (ii) you are 18 years of age or older. In addition, with respect to such membership, Hello may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You further agree that you are responsible for all activities that occur under your account or password, and agree not to sell, transfer or assign your subscription or any associated rights. Hello reserves the right to terminate your membership to the Community if any individual other than you attempts to access the Site using your user name or password or if you (or anyone using your user name and password) otherwise breach these Terms. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others may not access the Site in violation of these Terms. It is your sole responsibility to ensure that the e-mail address you initially provide is deliverable and, should your e-mail address change, it is your sole responsibility to return to the Site and update your e-mail address. Should your e-mail address become undeliverable, your membership to the Community may be suspended until such time as you provide a currently-deliverable e-mail address. In such cases, no retroactive benefits will be provided for the period your membership was in a suspended state. You must remove yourself from membership to the Community should you wish to no longer receive e-mail communications from Hello. Simply “replying” to an e-mail message sent to you is not an authorized method of removal and such requests will not be processed. Removal from the Community is properly accomplished by following the “unsubscribe” instructions in a Hello e-mail communication. Hello may send you an email confirming your removal from the Community. No other methods of removal are approved or authorized.
In general, the Submissions in the Forums and elsewhere on the Site are supplied by third parties, including but not limited to users. In addition, some content, media and materials, including without limitation information, data, comments, opinions, suggestions, advice, recipes, text, notes, writings, drawings, images, still photographs, portraits, slides, caricatures, likenesses, graphics, computer graphics and visual effects, animated and/or motion pictures, audio-visual works and recordings, video, video recordings, audio, spoken statements, voices, voice reproductions, vocal or other sounds, sound recordings, music, or other content or materials and all derivative works, translations, adaptations or variations of the same, regardless of the tangible medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black and white, or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, that is displayed on the Site is supplied by third parties and/or using a third party website’s media player (such as Twitter’s API), hereafter referred to collectively as “Third Party Content.” Accordingly, Hello is acting only as a host, bulletin board or conduit (and not a publisher) of such Submissions and Third Party Content and has no more editorial control over such Submissions and Third Party Content than does a public library, bookstore, or newsstand. Hello and the Affiliated Entities acquire no title or ownership rights in or to any Submission or Third Party Content. Any opinions, advice, statements, services, offers, information or other Submissions or Third Party Content expressed or made available by third parties, including information providers, are solely those of the respective authors or distributors, and not of Hello. Hello, the Affiliated Entities, and the third-party providers of information do not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any such Submissions or Third Party Content. Furthermore, Hello and the Affiliated Entities expressly disclaim all responsibility for, and make no endorsement or representations as to, the validity, accuracy, truthfulness, completeness, reliability or usefulness of any opinion, advice, service, offer, statement, or other Submission or Third Party Content made through the Forums or displayed elsewhere on the Site by anyone other than an authorized Hello representative while acting in his/her official capacity. Hello and the Affiliated Entities are not responsible for any errors or omissions in any Submission or Third Party Content, or for hyperlinks embedded in any Submission or Third Party Content. Under no circumstance will Hello, any Affiliated Entity or their respective employees, officers, directors, shareholders, agents, and representatives, be liable for or in connection with any loss or damage caused by your reliance on any Submission or Third Party Content made on or through the Site. In addition, Hello and the Affiliated Entities have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of any information, Third Party Content or other Submission voluntarily made public through any Forum or any other part of the Site.
Hello does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Site, any products or services of Hello or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Site (whether or not in response to a solicitation made on or through the Site), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that Hello has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.
MONITORING; REMOVAL OF SUBMISSIONS
You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate each Submission before allowing it to be posted on the Site or any Forum; (b) monitor Submissions; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any Submission, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect Hello, the Affiliated Entities, and their respective employees, officers, directors, shareholders, agents, and representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
While Hello makes reasonable efforts to provide accurate Content through the Site, Hello cannot guarantee accuracy. All Content, Submissions and Third Party Content are available to users at their own risk. THE SITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HELLO AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE. FURTHER, HELLO AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. HELLO AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY WEBSITES HYPERLINKED TO THE SITE.
IN NO EVENT WILL HELLO OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER HELLO NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY HELLO OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF HELLO AND ANY AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO HELLO TO ACCESS AND USE THE SITE.
You agree to defend, hold harmless and indemnify Hello, its officers, directors, employees, affiliates, consultants, agents, shareholders, licensors, suppliers, successors and assigns and its Affiliated Entities, and their respective officers, directors, employees, consultants, agents, shareholders, and representatives, from and against any and all claims, liabilities, damages, losses, fines, penalties or costs of whatsoever nature (including reasonable attorneys’ fees and costs), arising out of or in any way connected with: (i) any breach or violation of these Terms; (ii) your use of the Content or services available on the Site in any unauthorized manner; (iii) any information you submit, share, upload, post, display on or to the Site; and/or (iv) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. Hello reserves the right, at its own expense to assume the exclusive defense and control of any matter subject to indemnification by you.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
The failure of Hello to partially or fully exercise any rights or the waiver of Hello of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Hello or be deemed a waiver by Hello of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Hello under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit Hello’s right to exercise any other right or remedy.
The Site is controlled, operated and administered by Hello (or its Affiliated Entities) from its offices within the United States of America and is not intended to subject Hello to the laws or jurisdiction of any state, country or territory other than that of the United States. Hello does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Hello may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (https://www.getnetwise.org/) and OnGuard Online (https://onguardonline.gov/). Please note that Hello does not endorse any of the products or services listed at such site.
Should you have any questions regarding these Terms, please submit them through [email protected]
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to [email protected] You may also contact us by writing to: Hello Products, LLC, 363 Bloomfield Ave., Montclair, NJ 07042 or at 855-444-3556. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
These Terms and Conditions and any dispute arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Delaware, without regards to its conflicts of law principles. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN THE STATE OF DELAWARE, AND WAIVE ANY OBJECTION TO SUCH COURTS, INCLUDING WITHOUT LIMITATION ON THE BASIS OF JURISDICTION, VENUE OR INCONVENIENCE OF THE FORUM.
YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL HELLO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES OR OTHER DAMAGES, HOWEVER CAUSED AND WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, OR ANY INFORMATION CONTAINED IN THE SITE.
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Hello. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. 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. By using the Site, you agree to be bound by these Term of Use, and to the extent that any or all terms of these Terms are inconsistent with any agreement, written or oral, you may have previously or contemporaneously entered into and/or signed with Hello with respect to the subject matter herein, you acknowledge and agree that the terms of these Terms shall supersede such other agreement and prevail. Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in Hello’s discretion (in the latter two situations, via the most recent address that we have on file). The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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