Welcome to the Hobbs & Kent Web site, which include but are not limited to HOBBSANDKENT.COM, HOBBSANDKENT.NET, and STORE.HOBBSANDKENT.COM (the "Sites"). The Sites are provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement").
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Site Contents
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Hobbs & Kent, Ltd., and other trademarks appearing on the Sites are the trademarks of Hobbs & Kent Ltd.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Hobbs & Kent Ltd.'s products and services available in the United States. The Sites are controlled and operated by Hobbs & Kent Ltd. from its offices in New York.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Hobbs & Kent Ltd., whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Hobbs & Kent Ltd.’s property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Hobbs & Kent Ltd. of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Hobbs & Kent Ltd. shall not be limited in any way in its use, commercial or otherwise, of any Comments. Hobbs & Kent Ltd. is and shall be under no obligation
(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments.
Hobbs & Kent Ltd. has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hobbs & Kent Ltd. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Hobbs & Kent Ltd. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Product Information
Many products displayed on the Sites are available in select retailers. While we aim to set a manufacturer’s suggested retail price, we do not take responsibility for individual retailer’s prices. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the control of Hobbs & Kent Ltd. Hobbs & Kent Ltd. has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
Disclaimer
The materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Hobbs & Kent Ltd. expressly disclaims any duty to update or revise the materials on the Sites, although Hobbs & Kent Ltd. may modify the materials at any time without notice. Your use of the Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. Hobbs & Kent Ltd. shall not be liable for any damages of any kind related to your use of the Sites.
Indemnification
You agree to defend, indemnify and hold Hobbs & Kent Ltd. harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Hobbs & Kent Ltd. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent
(1) to Hobbs & Kent Ltd. at: Hobbs & Kent Ltd., 16 West 46th Street, New York, NY 10036, or
(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.
Both you and Hobbs & Kent Ltd. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Hobbs & Kent Ltd.'s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
Termination
These terms are effective unless and until terminated by either you or Hobbs & Kent Ltd. You may terminate this Agreement at any time. Hobbs & Kent Ltd. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
