Terms & Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the 41hawthorn.shop website (the “Site”) and the products and services provided on the Site. By using the Site, you confirm your acceptance of these Terms. If you do not agree to these Terms, you may not access or use the Site.

We may amend these Terms at any time by posting the amended Terms on the Site. All amended Terms shall automatically be effective upon posting on the Site. Your continued use of the Site constitutes acceptance of any amended Terms. You should check the Site frequently to see if these Terms have been amended.

Use of the Site

The Site is intended for users 18 years of age or older. By using the Site, you represent and warrant that:

• You are at least 18 years old.
• All registration information you submit is truthful and accurate.
• You will maintain the accuracy of such information.
• Your use of the Site does not violate any applicable law or regulation.

Your 41 Hawthorn account provides access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users.

You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

We encourage you to use “strong” passwords with your account (passwords that use a combination of upper and lower case letters, numbers and symbols). You must notify 41 Hawthorn immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

You may control your user profile and how you interact with the Site by changing your settings in your account. By providing 41 Hawthorn your email address, you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail.

You may not purchase, sell, trade, or transfer your account to any other person. Your account is for your personal, non-commercial use only.

By using the Site, you agree to comply with all applicable laws, rules and regulations. You may not:

• Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
• Violate or encourage others to violate any right of or obligation owed to a third party, such as contractual rights, intellectual property rights, privacy rights, publicity rights, and fiduciary duties;
• Post or transmit any unlawful, offensive, infringing, defamatory, or obscene User Content;
• Post false or misleading information, impersonate another person, create a false identity, or falsely imply that you are affiliated with 41 Hawthorn or any third party;
• Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
• Collect or harvest any personally identifiable information from the Site, including account names, without the express consent of the relevant user;
• Attempt to probe, scan, or test the vulnerability of a system or network;
• Circumvent, disable or otherwise interfere with security-related features or attempt to gain unauthorized access to the Site, user accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from the Site;
• Use the Site for any commercial purpose not expressly approved by 41 Hawthorn in writing;
• Use the Site to generate or facilitate unsolicited bulk advertisements, solicitations, or other commercial messages;
• Engage in spamming, flooding, harvesting of e-mail addresses, screen scraping, database scraping, or any other unauthorized means of obtaining information from the Site or its users;
• Frame or utilize framing techniques to enclose any 41 Hawthorn trademark, logo, or other proprietary information (including the images found at the Site, the content of any text, or the layout/design of any page or form contained on a page);
• Use any meta tags or other hidden text or metadata utilizing a 41 Hawthorn trademark, logo, URL or product name without 41 Hawthorn’s express written consent;
• Attempt to probe, scan or test the vulnerability of the Site or any associated system or network or breach any security or authentication measures;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or 41 Hawthorn’s systems or networks;
• Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Site.

If you violate any of these Terms, we may terminate your access to the Site and bar you from future access.

User Content

By posting or submitting any material on or through the Site (“User Content”), you represent that you own or have the right to post such User Content and grant 41 Hawthorn a royalty-free, fully paid up, perpetual, irrevocable, non-exclusive, transferable, fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media.

You grant 41 Hawthorn and our sublicensees the right to use the name that you submit with any User Content. You represent and warrant that (i) you own or otherwise control all rights to the User Content and have the right to grant the license set forth above and (ii) that the User Content is accurate and not misleading or harmful in any manner.

You understand and agree that you are responsible for any User Content you submit or contribute, and you, not 41 Hawthorn, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user.

We have the right (but not the obligation) in our sole discretion to refuse, remove, or disable access to any User Content for any reason at any time. Without limiting the foregoing, we have the right to remove any User Content that violates these Terms or is deemed offensive, illegal, or otherwise objectionable. You understand that when using the Site you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable.

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against 41 Hawthorn with respect to any User Content. We expressly disclaim any and all liability in connection with User Content. If notified, we may investigate an allegation that User Content violates these Terms and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice.

For any content that you submit, you give 41 Hawthorn permission to use your name (including any username) and city location in connection with promoting or advertising that content. You have no right to any compensation for such use.

We do not control and are not responsible for what other users post, submit to, or do on the Site. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content posted by users or any third party. 41 Hawthorn is not responsible for the conduct of any user.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose personal information from our users. You understand and agree that your use of the Site signifies your acceptance of the Privacy Policy.

Copyright Policy

41 Hawthorn respects the intellectual property rights of others. If you believe something on the Site infringes your copyright, please see our Copyright Policy (LINK) for information on submitting a copyright complaint.

Return Policy

Please review our Return Policy (LINK) for information on permitted returns and exchanges when using the Site.

Shipping Policy

Please review our Shipping Policy (LINK) for information on shipping methods and costs when using the Site.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

41 HAWTHORN AND ITS AFFILIATES, SUPPLIERS, DEALERS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT FOR THE SITE AND ANY SERVICES PROVIDED ON THE SITE.

41 HAWTHORN MAKES NO WARRANTY THAT (I) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU ON THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. 41 HAWTHORN WILL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM USE OF THE SITE.

Limitation of Liability

41 HAWTHORN, ITS AFFILIATES, SUPPLIERS, DEALERS AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE USE OR INABILITY TO USE THE SITE, OR ANY SERVICES PROVIDED ON THE SITE.

THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF 41 HAWTHORN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE TO YOU HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL 41 HAWTHORN’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY SERVICES PROVIDED ON THE SITE EXCEED THE AMOUNTS YOU HAVE PAID TO 41 HAWTHORN FOR USE OF THE SITE OR SERVICES DURING THE CURRENT CALENDAR YEAR.

Indemnification

You agree to defend, indemnify and hold harmless 41 Hawthorn, its affiliates, suppliers, dealers and agents, and their officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Site, any services provided on the Site, and any violation by you of these Terms.

Arbitration, Class Waiver, and Jury Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

These Terms contain a pre-dispute arbitration clause. By agreeing to these Terms, you agree as follows:

• All claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, except as modified by this “Dispute Resolution” section. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of these Terms are void or voidable or that a particular claim is subject to arbitration.
• The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator may not award punitive or exemplary damages, except where permitted by applicable law. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
• Where any action includes claims that are arbitrable and claims that are not, the entire action shall be stayed until all arbitrable claims are arbitrated.
• You acknowledge and agree that you and 41 Hawthorn are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and 41 Hawthorn otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and 41 Hawthorn each retain the right to bring an individual action in small claims court and 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.
• You may opt out of this arbitration agreement by providing written notice of your intention to do so to the following address: 41 Hawthorn Opt Out of Arbitration, 1234 Main Street, New York, NY, 10001 within 30 days of first accepting these Terms. Any opt-out received after 30 days from first accepting these Terms will not be valid and you must pursue your claim in arbitration or small claims court.
• If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of New York without regard to conflict of law principles. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

You agree that any claim or dispute you may have against 41 Hawthorn must be resolved exclusively by a state or federal court located in New York, New York, except as otherwise agreed by the parties or as described in the Arbitration section above. You agree to submit to the personal jurisdiction of the courts located within New York, New York for the purpose of litigating all such claims or disputes.

Contact Information

If you have any questions about these Terms or the Site, please contact us at:

41 Hawthorn
1234 Main Street
New York, NY 10001
Email: [email protected]