Last updated: January 1, 2023
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.41-hawthorn.com website and the 41 Hawthorn mobile application (together, or individually, the “Service”) operated by 41 Hawthorn (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of 41 Hawthorn and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 41 Hawthorn.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by 41 Hawthorn.
41 Hawthorn has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that 41 Hawthorn shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
Limitation Of Liability
In no event shall 41 Hawthorn, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
41 Hawthorn its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].
Additional Policies
In addition to these Terms, additional policies apply to use of the Service:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Service. When using the Service, you must comply with this Acceptable Use Policy.
- Our Cookie Policy, which sets out information about the cookies on the Service.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use “strong” passwords with a combination of upper and lower case letters, numbers and symbols.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of [email protected] and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
User Generated Content
You are solely responsible for all content, including but not limited to photos, profiles information, messages, favorites, and blogs, that you upload, publish or display (hereinafter, “post”) on or through the Service, or transmit to or share with other users (collectively the “User Content”).
You may not post, transmit, or share User Content on the Service that you did not create or that you do not have the right to post. You may not post User Content that is illegal or that violates or infringes another person’s rights, including intellectual property rights.
You further understand and acknowledge that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We do not control the User Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent or objectionable.
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove or disable access to any User Content.
User Content License
We claim no intellectual property rights over the User Content that you post on or through the Service. However, you grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, modify, publicly perform, publicly display, reproduce and distribute your User Content in connection with operating and providing the Service.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be posted on or through the Service, nor any use of your User Content by us will infringe, misappropriate or violate a third party’s intellectual property rights or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Websites and Content
The Service contains content from third parties and links to other websites that are operated by third parties that we do not control. We provide the third-party content and links for your convenience, but they are not endorsed, sponsored or affiliated with us in any way.
Your dealings with third parties through links to third party websites or applications are solely between you and the third party. We are not liable for any loss or damage of any sort incurred as a result of any such dealings or the presence of third party content on the Service.
Indemnification
You agree to defend, indemnify and hold us harmless, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your User Content or your violation of these Terms.
Limitation on Liability
To the maximum extent permitted by applicable law, in no event shall we, our affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the service or with delay or inability to use the service, or for any content obtained through the service, or otherwise arising out of the use of the service.
Disclaimers
The service is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Use of the service is at your own risk.
We do not warrant that the service will meet your requirements; that the service will be uninterrupted, timely, secure, virus-free or error-free; that the results that may be obtained from the use of the service will be accurate or reliable; or that errors in the service or technology will be corrected.
Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in California, United States, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. The prevailing party in any such arbitration shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the arbitration. The arbitrator’s award shall be binding on the parties and may be entered in any court of competent jurisdiction.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights
Any disputes arising from your use of the Service must be resolved on an individual basis. You hereby waive your right to a jury trial and to participate in a class action lawsuit or class-wide arbitration.
Assignment
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent. We may freely assign or transfer these Terms. Any attempted assignment or transfer in violation of the foregoing shall be null and void.
Entire Agreement
These Terms (together with our Privacy Policy and any additional policies incorporated by reference) constitute the entire agreement between you and us concerning the subject matter hereof.
