Terms & Conditions
This Agreement will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Saint Hugh Site, whichever is earliest.
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing requested information to the Site and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. Saint Hugh specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
· Posting any information which is incomplete, false, inaccurate or not your own
· Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law, regulation, and/or ordinance, and/or that would fail to comply with accepted Internet protocol
· Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
· Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
· Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
· Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
· Attempting to interfere in any way with the Site’s or Saint Hugh’s networks or network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system
· Communicating, transmitting or posting material that is in violation of applicable laws or regulations
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases, and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict 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. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of Saint Hugh merchandise, including, but not limited to, all purchases made at our temporary pop-up stores and any future retail stores, sample sales, warehouse sales, catalogs and websites.
Violations of system or network security may result in civil or criminal liability. Saint Hugh investigates potential and actual violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
· Accessing data not intended for you or logging on to a Saint Hugh server or account that you are not authorized to access
· Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
· Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
· Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
We control and operate the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
Software that may be downloaded from the Site may be subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Iran, North Korea, Sudan, Syria, and Myanmar) or listed on any of the United States government’s lists of prohibited and restricted parties or persons.
Product and Pricing Information
Although Saint Hugh has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Saint Hugh cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. Saint Hugh is not responsible for typographical errors regarding price or any other matter.
Risk of Loss
All products purchased from the Saint Hugh Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Saint Hugh. Title to products purchased on the Saint Hugh Site, as well as the risk of loss for such products, passes to you when Saint Hugh delivers these items to the carrier.
You also acknowledge and agree that use of the Internet and access to the Saint Hugh Site is solely at your own risk. While Saint Hugh has endeavored to create a secure and reliable environment(s), you should understand that the confidentiality of any communication or material transmitted to/from the Saint Hugh Site over the Internet or other form of global communication network is outside Saint Hugh’s control and cannot be guaranteed. Accordingly, Saint Hugh is not responsible for the security of any information transmitted to or from the Saint Hugh Site.
By purchasing a gift card ("Gift Card") offered by Saint Hugh, you are certifying and representing to Saint Hugh that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on any party of the Gift Card, all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Saint Hugh and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Saint Hugh from and against any and all claims, expenses, and/or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.
Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, Saint Hugh does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully.
The risk of loss and title for Gift Cards passes to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.
Saint Hugh will have the right to close guest accounts and request alternative forms of payment if Saint Hugh believes such Gift Card has been fraudulently obtained.
Saint Hugh Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)
Use of Saint Hugh's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Saint Hugh Gift Cards is strictly prohibited. Furthermore, the use of Saint Hugh Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Saint Hugh or any of its affiliates is prohibited.
As between you and Saint Hugh (or any other company whose marks appear on the Site), Saint Hugh (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Saint Hugh logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “Saint Hugh Intellectual Property”) are owned by Saint Hugh and may be registered in the United States and internationally. You agree not to display or use Saint Hugh Intellectual Property in any manner without Saint Hugh’s prior permission. Nothing on the Site should be construed to grant any license or right to use any Saint Hugh Intellectual Property without the prior written consent of Saint Hugh. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise allowed by Saint Hugh. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
User Content and Material
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, message boards, comment areas, questionnaires, review areas, social media accounts or through other tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #SaintHugh or any other Saint Hugh promoted hashtag including but not limited to #WomenWhoHunt and #WomenWhoSeek (collectively “User Content”) shall be deemed nonconfidential and nonproprietary. By submitting or posting any User Content, you grant to Saint Hugh and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. Saint Hugh will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Saint Hugh shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Saint Hugh retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by Saint Hugh, you will furnish Saint Hugh any documentation, substantiation, waivers, and/or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold Saint Hugh and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Saint Hugh does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content, you fully and unconditionally release and forever discharge Saint Hugh and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by Saint Hugh or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that Saint Hugh has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. Saint Hugh acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If Saint Hugh becomes aware of any User Content that allegedly may not conform to these Terms, Saint Hugh may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. Saint Hugh has no liability or responsibility to Users for performance or nonperformance of such activities.
SAINT HUGH HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SAINT HUGH FOR SUCH REMOVAL AND/OR DELETION. SAINT HUGH IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS
Saint Hugh respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Saint Hugh’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact the complaining party;
· A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed by email to: firstname.lastname@example.org.
(Please include “Notice of Infringement” in the subject line.)
Upon receipt of notices complying with the DMCA, Saint Hugh may act to remove or disable access to any that potentially infringes a copyright and may act to remove or disable access to any reference or link to material or activity that may be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any potentially infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
We may or may not give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. The counter-notification should be a written communication that includes the following:
· Your physical or electronic signature;
· Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
· Statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
· Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Saint Hugh may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SAINT HUGH ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
1. Collection of Information
1a. Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you use our websites, shop in our stores, call us on the phone, create an online account, sign up to receive our emails, participate in a sweepstakes, contest, promotion or survey, communicate with us via third party social media sites, request customer support, apply for a job or otherwise communicate with us.
The types of information we may collect include your name, email address, zip code, billing address, shipping address, phone number, payment card information, product preferences, demographic information and any other information you choose to provide.
In some cases, we may also collect information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, create and share a "wish list" or decide to purchase and ship products to someone. We will use this information to fulfill your requests and may also use that information to send marketing communications to your contact, unless he or she has previously opted out of marketing communications from Saint Hugh.
1b. Information We Collect Automatically
We automatically collect certain information about you when you access or use our websites or transact business with us, including:
· Log Information: We collect information about your use of our websites, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our websites.
· Transaction Information: When you purchase or return a product, we collect information about the transaction, such as product details and the date and location of the purchase/return.
1c. Information We Collect from Our Partners and Other Sources
We may also obtain information about you from other sources and combine that with information we collect about you. For example, we may collect information from the U.S. Postal Service's national change of address database to verify and update mailing addresses
2. Use of Information
We may use information about you for various purposes, including to:
· Facilitate and improve your in-store and online shopping experience;
· Provide the products and services you request, process transactions and send you related information, including confirmations and receipts;
· Respond to your comments, questions and requests and provide customer service;
· Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see Your Choices.
· Manage your online account(s) and send you technical notices, updates, security alerts and support and administrative messages;
· Personalize your online experience and provide advertisements, content or features that match your profile and interests;
· Monitor and analyze trends, usage and activities;
· Process and deliver contest, promotion and sweepstakes entries and rewards;
· Link or combine with information we get from others to help understand your needs and provide you with better service; and
· Carry out any other purpose for which the information was collected.
We are based in the United States and the information we collect is governed by U.S. law. By accessing or using our websites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
3. Sharing of Information
We may share information about you as follows:
· With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
· With our business partners and other third parties for purposes of sending their own direct mail, unless you opt out of this type by contacting us.
· In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
· If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of us or any third party;
· In connection with, or during negotiations of, any merger, sale of company assets, financing or transfer of all or a portion of our business to another company; and
· With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
4. Advertising & Analytics Services
We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms.
We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
We do not knowingly collect any personal information from children under the age of 13. We do not sell products for purchase by children and all children's products we may sell are for purchase by adults only.
7. Your Choices
7a. Online Account Information
You may update, correct or delete your online account information at any time by logging into your account and navigating to the "My Account" page or by contacting us. You can also contact us if you wish to deactivate your online account, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
7b. Promotional Communications
You can opt out of receiving promotional communications from us at any time by doing the following the instructions provided in those communications or contacting us.
Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account or our ongoing business relations.
Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies, but note that doing so does not necessarily affect third party flash cookies used in connection with our websites. For more information about disabling flash cookies, see http://www.adobe.com/products/flashplayer/security. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites. In addition, many web browsers support Do Not Track technology. If you enable Do Not Track, Saint Hugh will not use information about your web viewing activities to tailor your online experience on other websites operated by Saint Hugh. Note, however, that our third party advertising providers may continue to use information about your web viewing activities to tailor advertising to your interests across different websites even when you have Do Not Track enabled in your browser. For more information about how to opt out of ad targeting by our partners, see "Advertising & Analytics Services" above.
7d. Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Under the law, a business must either provide this information or permit California residents to opt in to, or opt out of, this type of sharing. Saint Hugh permits California residents to opt out of having their information shared with third parties for direct marketing purposes. To opt out, please contact us.
8. Safe Harbor Statement
Saint Hugh recognizes that the European Union ("EU") and Switzerland have implemented omnibus data protection regimes established pursuant to the European Data Protection Directive (95/46/EC) and the Swiss Federal Act on Data Protection, respectively. Among other things, these laws require "adequate protection" for the transfer of certain individually identifiable data about individuals in EU member countries and Switzerland to Saint Hugh’s operations in the United States of America ("U.S."). Saint Hugh complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of Personal Information from EU member countries and Switzerland. Saint Hugh has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access and enforcement. To learn more about the Safe Harbor program and to view Saint Hugh's certification, please visit www.export.gov/safeharbor/.
9. Contact Us
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
· Link from your own or certain third-party websites to certain content on this Website.
· Send e-mails or other communications with certain content, or links to certain content, on this Website.
· Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any website that is not owned by you.
· Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
· Link to any part of the Website other than the homepage.
Disclaimers and Limitation of Liability
Saint Hugh publishes information on its Site as a convenience to its visitors. While Saint Hugh attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Saint Hugh products described on the Site may not be available in your region. Saint Hugh does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.” SAINT HUGH DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SAINT HUGH DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SAINT HUGH MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Saint Hugh makes no warranties of any kind regarding any non-Saint Hugh sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Saint Hugh makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Saint Hugh sites. Saint Hugh does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL SAINT HUGH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SAINT HUGH OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, with respect to unauthorized use of Saint Hugh proprietary assets, will cause irreparable injury to Saint Hugh, such injury would not be quantifiable in monetary damages, and Saint Hugh would not have an adequate remedy at law. You therefore agree that Saint Hugh shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement. Accordingly, you hereby waive any requirement that Saint Hugh post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Saint Hugh to enforce any provision of this Agreement.
You agree to defend, indemnify and hold Saint Hugh, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Governing Law and Disputes
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Louisiana without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with Saint Hugh shall be submitted to confidential and binding arbitration in New Orleans, LA. However, if you have in any manner violated or threatened to violate any Saint Hugh Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Louisiana or Delaware. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
These Terms constitute the entire agreement between you and Saint Hugh and govern your use of the Site, and they supersede any prior agreements between you and Saint Hugh. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. Saint Hugh may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in Saint Hugh’s sole discretion, you fail to comply with any provision of these Terms.
You agree that no joint venture, partnership, employment or agency relationship exists between Saint Hugh and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Saint Hugh or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Saint Hugh to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without Saint Hugh’s express written consent. The Terms inure to the benefit of Saint Hugh’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Any headings or titles herein are for convenience only.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page.
Last Updated September 23, 2016.