Shop Terms and Conditions
Thank you for shopping at this HunterStone(“HunterStone”) web
site (“Site”). Your activities and acquisitions at the Site are
governed by: (a) the hunterstone.com Terms of Use (which terms
are incorporated herein by this reference), (b)the Shop Terms &
Conditions which are set forth below, and (c) the conditions,
notices and consents that are provided or obtained in connection
with the Site (collectively, “Agreement”). As used in the
Agreement "you” are an individual acting on your own behalf, or
“you” are an agent of a person or entity that has authorized you
to act on that person’s or entity’s behalf. By using the Site or
by placing an order through it, you agree as follows:
TABLE OF CONTENTS
- Privacy, Security and Your
Obligation For Use of Your Password.
- Information About
HunterStone Licenses & License Refunds.
- WARRANTIES & WARRANTY
DISCLAIMER REGARDING ITEMS YOU ACQUIRE.
- NOTICE OF ABILITY TO
OBTAIN COPY OF LIMITED WARRANTIES.
- EXCLUSIVE REMEDY; DAMAGE
EXCLUSIONS & LIMITATIONS.
- License to Use the Site.
- Your Representations &
Warranties.
- SOUTH CAROLINA LAW &
SOUTH CAROLINA(RICHLAND COUNTY) FORUM.
- Electronic
Communications; Notices.
- Submission of Comments;
Ideas and Other Information.
- Promotions.
- Order Availability,
Shipping & Cancellation.
- Payment & Pricing;
Credit for Refunds.
- Geographical & Export
Restrictions.
- Changes to Shop Terms &
Conditions.
- Miscellaneous; Entire
Agreement.
1. Privacy, Security and Your Obligation
For Use of Your Password.
Our Privacy Policy is a part of this Agreement and its terms are
incorporated by this reference. Please read it now (by clicking
on "Privacy Policy"). The policy explains how certain
information about you may be used. You acknowledge and agree
that HunterStone may exchange, use and store information about
you and your orders in accordance with our Privacy Policy.
Please consult the Frequently Asked Questions on the Site for
information about security used at the Site.
If an order is placed through the Site with your password, we
will assume that you have either placed the order yourself or
have provided information to or received it from someone who is
authorized to place the order. Subject to applicable law, you
agree that we may make that assumption and that you will be
obligated for that order. So please protect and guard access to
your computer, your password and card number. You can increase
the protection provided by your password by using it only at
this Site -- choose another password for use at other sites.
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2. Information About HunterStone Licenses &
License Refunds.
HunterStone software is licensed, not sold. All ownership, title
and intellectual property rights in and to the software (if
any), accompanying your order, including any associated media
and any documentation or printed materials are owned by
HunterStone or its suppliers. ALL ORDERS ARE SUBJECT TO YOUR
CONSENT TO ANY APPLICABLE LICENSE THAT IS DELIVERED WITH OR
INCLUDED IN THE ITEM. If you do not agree to the license terms
once you see them, you may return the item within thirty (30)
days of the date your order is delivered. To return an item,
contact HunterStone and mail (by first class mail) the uncopied,
undamaged software, all documentation and proof of purchase.
If you use the software or take any other action that is
described in the packaging or the software as constituting your
consent to or agreement with the license, then that conduct will
constitute your agreement and you may not be eligible for a
refund unless otherwise allowed in the documentation
accompanying your software. The refund described above is
intended to allow you to return software if the license terms
are not acceptable to you and you did not have an opportunity to
review the full license before you paid for the item.
HunterStone also allow refunds if you are not satisfied with an
item - please contact HunterStone.
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3. WARRANTIES & WARRANTY DISCLAIMER REGARDING
ITEMS YOU ACQUIRE.
HunterStone does provide warranties for certain software and
other items, but only if a warranty labeled “Limited Warranty”
is delivered with the item. For software, any Limited Warranty
will be found or referenced in the license. Not all software
comes with a warranty. For example, HunterStone does not provide
any warranties with free software. Any Limited Warranty does not
include any statements made on packaging or in manuals and other
documentation - you agree that those are provided and will be
accepted by you for informational or instructional purposes only
and not as warranties. UNLESS YOU ARE PROVIDED A LIMITED
WARRANTY THAT APPLIES TO THE PARTICULAR ITEM you have obtained,
ALL ITEMS ARE SUPPLIED AS IS AND WITH ALL FAULTS, to the full
extent allowed by applicable law. ALSO, HUNTERSTONE DOES NOT
PROVIDE ANY WARRANTY OF TITLE, OR ANY WARRANTY AGAINST
INTERFERENCE WITH YOUR ENJOYMENT OF THE ITEM OR AGAINST
INFRINGEMENT.
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4. NOTICE OF ABILITY TO OBTAIN COPY OF
LIMITED WARRANTIES.
For items that come with a Limited Warranty, you may obtain a
free copy of the Limited Warranty by contacting Customer Service
for more information at: (803)749-8980
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5. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS &
LIMITATIONS Regarding HunterStone Software.
Unless a HunterStone license or other HunterStone contract
provides for different remedies, damages or limits, your
exclusive remedy against HunterStone for any breach of warranty
or contract under this Agreement including without limitation,
the Privacy Policy, is limited to repair, replacement or refund
with respect to the item in question, at HunterStone's option
and subject to applicable law. EXCEPT FOR DAMAGES THAT ARE
REQUIRED BY LAW TO BE PAID, YOU WILL ONLY BE ENTITLED TO THE
DIRECT DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE,
UP TO THE AMOUNT OF A REFUND OF THE PRICE (PLUS SALES TAX) THAT
YOU PAID FOR THE ITEM. YOU WILL NOT BE ENTITLED TO ANY
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR
LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE OR NEGLIGENT
MISREPRESENTATION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS
WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF HUNTERSTONE (OR
ANY SUPPLIER), OF TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF
HUNTERSTONE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING
DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS.
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6. License to Use the Site.
We hereby grant you the right to view and use the Site solely
for the purpose of shopping in accordance with the Agreement.
You may download and print copies of these Shop Terms &
Conditions, the HunterStone.com Terms of Use, and of screens
from this Site for the purpose of retaining records of your
transactions at the Site. Subject to applicable law, HunterStone
reserves the right to suspend or deny, in its sole discretion,
your access to all or any portion of the Site with or without
notice.
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7. Your Representations & Warranties.
You represent and warrant for the benefit of HunterStone that:
(a) you are at least 18 years of age; (b) you possess the legal
right and ability to enter into this Agreement and make the
credit card charge on your own behalf or on behalf of any person
for whom you are acting as agent and/or that you are authorized
to use the password required for this Site; and (c) all
information that you submit to us is true, accurate and current.
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8. SOUTH CAROLINA LAW AND SOUTH CAROLINA (RICHLAND
COUNTY) FORUM.
Licenses for HunterStone software are generally governed by the
laws of the State of South Carolina U.S.A.; this Agreement is also
governed by that law. Your consent to this Agreement will
include your consent to such law and the jurisdiction of and
venue in the courts in Richland County South Carolina, U.S.A. in all
disputes arising out of or relating to a license or this
Agreement. Sometimes a license or applicable law might specify
another governing law or jurisdiction, in which case that law
and jurisdiction will apply as applicable. Use of the Site is
not authorized in any jurisdiction that does not give effect to
all provisions of this Agreement. HunterStone's performance of
this Agreement (including the Privacy Policy) is subject to
existing laws and legal process, and you agree that HunterStone
may comply with law enforcement or regulatory requests or
requirements notwithstanding any contrary term of this
Agreement.
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9. Electronic Communications; Notices.
Shopping at the Site is conducted electronically and you agree
that we can communicate with you electronically. For example, we
may send you email asking about your experience with
HunterStone, email notices and other disclosures about your
orders, and if you forget or lose your password, you agree that
we may supply it by email to your computer. However, since email
delivery is not infallible, you also agree to contact
HunterStone for order information such as order status or
shipping delays. You agree to keep all records relating to your
order, including, where possible, printing a copy of your order
confirmation page. To the extent allowed by law, you agree that
the above replaces and satisfies any law that provides for
different methods or timing for your receipt of notices relating
to your transaction. HunterStone also reserves the right to
deliver notices and disclosures by other means such as postal
mail, and to receive notices in writing when that method is
specified elsewhere in this Agreement.
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10. Submission of Comments; Ideas and Other
Information.
Any comments or information that you provide to HunterStone, for
example feedback or ideas in response to a customer survey
regarding the Site, suggestions, ideas, concepts, or other
information (collectively, the “Submissions”), shall be deemed,
and shall remain, the property of HunterStone. None of the
Submissions shall be subject to any obligation of confidence on
the part of HunterStone, and HunterStone shall not be liable for
any use or disclosure (including publication in any medium) of
any Submissions. Without limitation of the foregoing,
HunterStone shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature and
shall be entitled to unrestricted use of the Submissions for any
purpose, commercial or otherwise, without compensation to the
provider of the Submissions.
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11. Promotions.
No promotion (e.g., special price discount) is offered by
HunterStone unless the promotion explicitly so states. You agree
that offers from non-HunterStone companies on the Site are
solely liable for their promotions and that HunterStone is not
liable. You also agree to comply with all terms of a promotion.
Note: some promotions will be subject to quantity and other
restrictions, including without limitation, time limits that
could expire during your visit to the Site. HunterStone reserves
the right to withdraw or refuse to honor any promotion that has
been altered or modified – other than by HunterStone.
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12. Order Availability, Shipping &
Cancellation.
All items ordered from HunterStone are subject to availability
and are only available for acquisition and shipment in the U.S.
We reserve the right to reject any and all orders. Subject to
applicable law, HunterStone reserves the right to deliver items
acquired as part of your order at different times in the event
that they are not available for shipment at the same time.
HunterStone also reserves the right to limit the quantity of any
items that may be obtained by you through this Site.
All orders placed through this Site are shipment contracts, not
destination contracts. If you would like your item(s) delivered
at a particular location, you will be responsible for the
shipping charges. Shipping and handling charges may or may not
reflect actual costs and may be amended by HunterStone from time
to time.
You may cancel all or any part of your order before you submit
the order. You may not cancel after shipment, but may return any
item that qualifies for return under any applicable return
policy.
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13. Payment; Credit for Refunds & Pricing.
Only valid credit cards acceptable to HunterStone may be used
for orders placed with HunterStone.com. All sales are final,
following credit card apporval and download, there will be no
refunds. By submitting your order for processing, you authorize
us to charge your order (including taxes, shipping, handling and
any amounts described on the Site before order submission) to
your card. If your card cannot be verified, is invalid, or is
not otherwise acceptable, your order may be suspended or
cancelled automatically. You agree to update your card
information to keep it current at all times and that we may
submit charges for processing even if your card has expired. You
must resolve any problem before proceeding with your order.
All prices and availability of products are subject to change
without notice. Taxes may be adjusted from the amount shown on
the billing screens. Several factors may cause this, such as
variances between processor programs and changes in tax rates.
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14. Geographical & Export Restrictions.
Items obtained from HunterStone.com may only be shipped to
customers who reside in the United States. You represent and
warrant that you reside in the United States and that all items
obtained from HunterStone Direct, and any accompanying
documentation and/or technical information, is subject to
applicable export control laws and regulations of the United
States Government. You agree not to export or re-export software
or hardware, directly or indirectly, to any country not
permitted by United States export restrictions (see any
applicable license for more details).
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15. Changes to Shop Terms & Conditions.
This Site is like a store: every time a customer enters a store
the customer is bound by the rules in effect on the date of the
customer's visit. Similarly, at this Site, you are bound by the
version of this Agreement that is in effect on the date of your
visit or order. The terms of this Agreement may change from time
to time so please review it.
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16. Miscellaneous; Entire Agreement.
If any part of this Agreement is determined to be invalid or
unenforceable, then the invalid or unenforceable provision will
be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision, and the
remainder of the Agreement shall continue in effect. The
Agreement (including any related consents or agreements that you
provide during your visit to the Site) together with any license
or agreement with HunterStone delivered in connection with any
item acquired via the Site, constitutes the entire agreement
between you and HunterStone with respect to the Site and that
item, and supersedes all other (prior or contemporaneous)
communications and proposals, whether electronic, oral or
written, between you and HunterStone regarding the Site and/or
any order you place through it.
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