Terms of service
Terms of Service
Last updated on June 13, 2021
IMPORTANT: PLEASE NOTE THAT THESE TERMS INCLUDE YOUR AGREEMENT TO ARBITRATE CONTROVERSIES. BY USING ANY OF THE SERVICES, YOU AGREE TO RESOLVE ANY DISPUTE WITH US THROUGH BINDING ARBITRATION, RATHER THAN IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTION LAWSUITS.
This Terms of Service Agreement (the “Agreement”) serves as a binding legal contract between Hope for Good Marketplace, LLC, a for-profit Nevada limited liability company (“Company,” “HFGM,” “we,” “our”, and “us”) and you (“you”, “your” or “user”) and governs your use of HopeForGoodMarketplace.com; and/or any of our third party pages, accounts, or social media (collectively or individually, the “Site”), together with all information, content, products (whether free or purchased), materials and services we make available to you through the Site, (which, together with the Site, shall be collectively and individually referred to as the “Services”). By accessing the Site and/or using any of the Services, you are agreeing to be bound by this Agreement, which includes our Privacy Policy. If you do not agree with any of these terms, you are prohibited from using or accessing the Site or any Service. When we refer to the “use” of the Services in this Agreement, we mean any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services.
We Promote Charitable Causes; We are NOT a Charity
We are a product-centric marketplace that focuses on consumer engagement and sales for profit. Although we support charitable causes, we are not a charity. The non-profit organization Hope for Good is a 501(c)(3) separate entity that is responsible for evaluating charitable causes and distributing the charitable proceeds we collect for certain charities. SparkHero LLC (“SparkHero”) is a for-profit Nevada limited liability company that seeks to recruit individuals who promote charitable causes (“Heroes”) by marketing products for sale where a portion of the sales proceeds are allocated to charities; the company is easiest described as an affiliate network for Heroes. SparkHero is responsible for compensating their Heroes, who may earn commission for the products they sell for us. You acknowledge, represent, warrant and agree that we are not responsible or liable for any action, inaction or conduct taken by SparkHero, LLC or the 501(c)(3) Hope for Good organization, and that such entities are solely responsible for all tasks and obligations associated with their respective roles.
1. Updates to this Agreement
We may, at any time, revise, change, or otherwise update this Agreement. The effective version of this Agreement will be available for your review on the Site, and the date that the Agreement was last updated will be noted at the top of this page accordingly. You agree that you will review this Agreement for any updates each time prior to using the Site, and that you will be bound by any such revisions or updates by proceeding to use the Site.
2. Registering Your Account
To make a purchase from HFGM, you must create an account and meet the other requirements established by this Agreement. By creating an account, you agree that all of your account information is true and complete, and you will keep your account information current. If you create a HFGM account, we will either assign you a password or let you choose your own password to enable you to access and use certain portions of the Services.
You agree to keep your username and password confidential, that you are solely responsible for maintaining the confidentiality of your username and password, and that you are solely responsible for restricting access to your computer(s) or mobile device(s). You agree to access the Site from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent any obligation under this Agreement. Each time a valid password is used with your account, you will be deemed to be authorized to access and use the Services, and we have no obligation to investigate the authorization or source of any such access or use of the Services. You agree that you will be responsible for all activities that occur under your account or password, including, without limitation, purchases made, and anything else that occurs, through your account, whether or not such access to and use of the Services is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation, financial obligations) incurred through such access or use.
YOU ASSUME THE ENTIRE RISK FOR THE FRAUDULENT, UNAUTHORIZED, OR OTHERWISE IMPROPER USE OF YOUR PASSWORD. WE SHALL BE ENTITLED TO RELY ON THE GENUINENESS AND AUTHORITY OF ALL INSTRUCTIONS RECEIVED BY US WHEN ACCOMPANIED BY SUCH PASSWORD, AND TO ACT ON SUCH INSTRUCTIONS. In order to mitigate damages, if you believe someone placed an unauthorized order on your behalf, you agree to notify us immediately of any suspected unauthorized activity on your account by sending an email to support@HopeForGoodMarketplace.com
3. Age of 18 or older
You must be at least 18 years of age to create an account, and by creating an account, you represent and warrant that you are at least 18 years of age.
4. Use of the Site/Services
Without limiting anything in this Agreement, you agree that, without our consent, you will not: breach this Agreement or any other agreement or policy that you have entered with us; abuse or exploit the terms of any promotion; violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising) or act in an unauthorized, deceptive, fraudulent or otherwise unlawful manner, including by providing false, inaccurate, or misleading personal Information; create more than one account for yourself, by, among other methods, using a name that is not yours, using temporary email address(es) or phone number(s), or providing any other falsified personal information, including, without limitation, for the purpose of misuse of promotions; use the Services or the Site for the benefit of exploiting any Service or Site for any commercial purpose; infringe on our or any third-party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; act in a manner that or upload to, distribute, or otherwise publish through the Site any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, backdoors, rootkits, Trojan horses or other malicious or harmful code or properties; refuse to cooperate in an investigation regarding, or provide confirmation, of your identity or personal information you provide to us; use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties and other liability to us, a user, a third party, or you; use your account or the Services in a manner that we, Visa, MasterCard, American Express or Discover reasonably believe to be an abuse of the credit card system or a violation of credit card association rules; disclose or distribute another user's personal information to a third party, or use the information for marketing purposes, unless you receive the user's express consent to do so; send unsolicited email, SMS, MMS, or other messages to a user or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third Parties; take any action that imposes an unreasonable or disproportionately large load on our Infrastructure; use an anonymizing proxy or use any robot, spider, other automatic device, or manual process to monitor or copy the Services or Site; use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with the Site or any other Service; frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HFGM; use any meta tags or any other “hidden text” utilizing the HFGM name or Trademarks; take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers; or use the Services or the Site to test credit card behaviors.
We reserve the right to refuse service, terminate accounts, suspend accounts, prevent the application of a promotion, remove or edit content or products, cancel orders at any time and in our sole discretion, and/or take any other legal action available to us under this Agreement or at law, including, without limitation, if we believe that your conduct violates this Agreement, applicable law, is harmful to our interests, or is against, without limitation, the spirit of this Agreement, the Services, or a particular promotion.
Subject to your compliance with your obligations under this Agreement, the intended use of the Services and your payment of any costs or fees for the Services, we hereby grant you a single, non-exclusive, non-transferable, non-sublicensable, revocable limited personal license to access and use the Site. Any violation, misuse, or breach of, or failure to comply with, the Agreement shall result in the immediate revocation and termination of the license granted to you, without notice to you. All rights not expressly granted to you in under this Agreement are reserved and retained by HFGM or its licensors, suppliers, publishers, rights holders, or other content providers. Much of the information and data and many of the images on the Site are updated on a real-time basis, and are proprietary or may be licensed to us by others. Therefore, except as permitted by this Agreement, you may not reproduce, distribute, use, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, hack or otherwise exploit the Site, any other or any portion thereof, unless expressly permitted by us in writing prior to such action.
Apart from web browsers, mobile operating systems and approved APIs, you agree not to use any software, program, application or any other device to access or log on to our computer systems, the Site, or to automate the process of obtaining, downloading, transferring or transmitting any content, information to or from our computer systems or the Site. You agree not to alter or misuse screenshots obtained from the Site or use product images outside of the Site. You may not incorporate any portion of the Services into your own programs or compile any portion of them in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Site or any other Service or otherwise assign any rights to the Services in whole or in part.
5. Taxes and Shipping
Taxes
Items sold on the Site may be subject to tax, governmental charges, or deposit fees. In most cases, prior to submitting your purchase request, you will see an estimate of the taxes and other fees to be collected on your order. This amount will depend on various factors, including the items purchased, and the shipment destination. In certain limited circumstances, the tax amount may be included in the price of a product.
Shipping
You will be responsible for all shipping costs. Shipments may be delivered by USPS, UPS®, FedEx®, or other carriers. We cannot and do not guarantee any delivery date. The exact delivery date of your order may depend on several factors, including, without limitation, the date and time you place your order, the schedules and processes of our shipping partners, holiday schedules, weather, and other factors. We cannot predict or always prepare for delays caused by carriers, mistakes in delivery or shipment information, changes to orders, strikes, bad weather, or other similar circumstances. If you have questions about your delivery, please contact us at support@HopeForGoodMarketplace.com.
We may, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any order or attempted order placed on the Site. We may also, in our sole discretion, set and adjust minimum (or maximum) quantity and/or price requirements from time to time for any user to receive free shipping on any order placed on the Sites.
6. Information and Product Descriptions
We may include product descriptions on the Site or descriptions of the Services. We do not, however, represent or warrant that any such product descriptions, including weight and size, or other such statements or content are accurate, complete, reliable, current, or error-free. Product images used on the Site are intended to represent brands or types of products and may not represent the exact size, flavor, type, quantity, or other specific details about the product you are purchasing.
Content or opinions expressed the Site are that of the individual expressing such submission or opinion and may not reflect our opinions. Unless we expressly state otherwise, we do not endorse any submission or opinion expressed by a third party on the Site. Unless we expressly state otherwise, the fact that HFGM has provided a link to a website is not an endorsement of the service, organization or website, its content or its sponsoring organizations.
We do not assume any responsibility or liability for any product, service, or content on our Site. You are responsible for conducting your own due diligence before adopting any option expressed on the Site, using any product referenced on the Site, and deciding whether any product, service or organization is safe or trustworthy for the purported or intended purpose.
Any product representations or warranties expressed on the Site are those of the vendor, manufacturer, distributor or supplier and are not made by us. Such representations and warranties include, but are not limited to vendor promises visible on the packaging of the product and hence in the product image on the Site.
Our fulfillment centers may handle and store a variety of products, including products made with known food allergens. We do not separate products based on their listed ingredients. The Site may make available certain data, news, research, statistics, stories, product descriptions, labels, ingredient lists, product photographs, other photographs, opinions, or other information (collectively “Information”) that we may have prepared ourselves or that may have been prepared independently by and obtained by HFGM from manufacturers, vendors, suppliers, other services, newswires, statistics providers, journalists, authors, and other providers. We do not represent, warrant, guarantee, or certify the accuracy, completeness, reliability, timeliness, or correct sequencing of the Information made available on the Site.
You agree that HFGM shall not be liable in any way for the inaccuracy, incompleteness, untimeliness, or incorrect sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that HFGM will not be liable in any way for the interruption of any data, Information or other aspect of the Site. You understand that none of the Information available through the Site constitutes a recommendation or solicitation to take or not take any action.
DISCLAIMER: ALTHOUGH WE WORK TO ENSURE THAT PRODUCT INFORMATION IS ACCURATE, ON OCCASION MANUFACTURERS MAY ALTER THEIR INGREDIENT LISTS AND ACTUAL PRODUCT CONSISTENCY, PACKAGING, AND MATERIALS MAY DIFFER FROM THE PRODUCT DESCRIPTIONS.
PRODUCTS MAY CONTAIN MORE AND/OR DIFFERENT INGREDIENTS THAN THE INFORMATION SHOWN ON OUR SITE. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS PROVIDED ON PRODUCT PACKAGING BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
DISCLAIMER: CONTENT PROVIDED THROUGH THE SITE IS FOR REFERENCE PURPOSES AND IS NOT INTENDED TO SUBSTITUTE THE ADVICE OF A PHYSICIAN, PHARMACIST, OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. YOU SHOULD NOT USE THIS INFORMATION AS SELF-DIAGNOSIS OR FOR TREATING A HEALTH PROBLEM OR DISEASE. CONTACT YOUR HEALTH-CARE PROVIDER IMMEDIATELY IF YOU SUSPECT THAT YOU HAVE A MEDICAL PROBLEM. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE OR HEALTH CONDITION. WE ASSUME NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS MADE THROUGH THE SITE.
7. Promotions
Promotional Emails
As a user, you agree to receive newsletters and promotional emails, including, without limitation, certain third-party offers.
Terms of Promotions
From time to time, we may make certain offers, sales, promotional codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, promotional credits, new customer referral incentives, cash rewards (as defined below), free samples, specials, user-generated content opportunities, contests, sweepstakes, and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the HFGM Sites, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to the Terms and any additional terms, conditions, rules, and policies applicable to the Promotion.
Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the HFGM Sites or the HFGM Services, and may be suspended or terminated at any time by HFGM, at HFGM’s sole discretion. Certain promotions shall only be applicable on repeat orders. HFGM determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any promotional code, cash rewards, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by HFGM in its sole discretion. Only valid promotional codes provided or promoted by HFGM will be honored at checkout. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. Certain Promotions shall only be applicable to first orders.
HFGM may exclude certain product categories, certain specific products, and certain brands from Promotions from time to time in the exercise of HFGM's sole discretion.
Promotional Codes
Notwithstanding anything to the contrary herein, HFGM may, in HFGM's sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the HFGM Services, HFGM Sites, or third-party provider's services, subject to terms that HFGM establishes on a per-promotional-code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by HFGM; (iii) may be disabled by HFGM at any time for any reason without liability to HFGM and without notice; (iv) may only be used pursuant to the specific terms that HFGM establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. HFGM reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HFGM determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Promotional, Gift, or Offer Codes
From time to time, we may offer qualified consumers “promotional codes,” “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “promotional codes”) that are redeemable towards a purchase on the HFGM Sites or through the HFGM Services while supplies last and subject to certain merchandise exclusions or any other restrictions, as may be determined and communicated by us in our sole discretion. Only valid promotional codes provided or promoted by us will be honored at checkout. Other codes supplied or promoted by third parties unauthorized by us (including any unauthorized third-party websites) will not be considered valid. Unless otherwise stated in a particular promotional code terms and conditions, each promotional code is non-transferable and valid for single use (limit one per order) on an item (or items) of merchandise as determined by HFGM. Promotional codes cannot be used towards purchase of non-branded merchandise, packaging or applicable taxes. Promotional codes must be entered in the “Promo Code” field at checkout. Promotional codes are valid through the HFGM Sites only. We are not responsible for lost, stolen or corrupted promotional codes or any unauthorized use of promotional codes.
Promotional codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits are allowed. The dollar value of any promotional code will not be refunded or credited back if any or all of the merchandise is returned. Expiration dates may apply to each promotional code. Promotional codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.
8. Reviews, Communications, and Content
The Site may permit you, from time to time, to post reviews, pictures, comments and other content; send referral messages or information; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, abusive, an obscene image, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” HFGM may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
You acknowledge that you are responsible for all materials you submit to HFGM through the Site or on other electronic communications. This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.
Unless we indicate otherwise, by submitting any content, you represent and warrant that: (1) the content is accurate; (2) use of the content you supply does not violate this Agreement; and (3) you own or otherwise control all the rights to the content that you post. HFGM may, and it reserves its right to, remove or edit any such content, even though it is under no obligation to review, remove or edit such posted content.
Unless we indicate otherwise, if you submit any material to us, post any material on the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, images, videos, comments, and suggestions (collectively, “Submissions”), you agree that such Submissions shall be treated as non-confidential and nonproprietary and you agree that you grant to HFGM a royalty-free, worldwide, perpetual, irrevocable and fully transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form and in any media, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. You further agree that HFGM is free to use any ideas, concepts, feedback, and know-how you provide to HFGM. You grant HFGM the right to use the name you submit in connection with such Submissions if we choose. Without limiting any of the foregoing, HFGM is free to use any ideas, concepts, know- how or techniques contained in any Submissions you send to HFGM for any purpose whatsoever, including, but not limited to, developing and marketing products using such information. HFGM does not endorse any submitted content or opinions on the Site and such submissions are that of the user expressing them.
9. Intellectual Property
All text, data, graphics, button icons, images, audio clips, and software (collectively, “Content”) on the Site are the exclusive intellectual property of HFGM, are licensed to HFGM by third parties, or are otherwise permitted to be used by HFGM. The collection, arrangement, and assembly of all Content on the Site (the “Compilation”) belongs exclusively to HFGM. The Services and the Site, their Content and Compilation, and all software used therein is owned by, licensed to, or otherwise permitted to be used by HFGM and all owned intellectual property is protected by United States Copyright Act of 1976, as amended, Title 35 of the United States Code, each other applicable domestic law and all applicable intellectual property laws of other countries. All software used in any of the Services or the Site (the “Software”) is the property of HFGM or its Software suppliers, which is also protected by U.S. and international copyright laws.
The use of any of HFGM Intellectual Property (as defined below), or the Intellectual Property of third parties that appears on the Site, without our express written consent, or the express written consent of such third parties, is strictly prohibited. “Intellectual Property” includes, but is not limited to, all content, compilation, software, logos, slogans, trade names, meta tags, and all other copyrighted information, trademarks or service marks, trade secrets, and patents.
10. Disclaimers of Warranties
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER SECTION DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE PRODUCT.
THE SERVICES, AND ALL INFORMATION, SOFTWARE, CONTENT, MATERIALS, THINGS, PRODUCTS, GOODS, AND ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER SERVICES ARE PROVIDED SOLELY ON AN AS IS; AND AS AVAILABLE BASIS AND, THEREFORE, YOUR USE OF THE SITE AND ALL OTHER SERVICES IS AT YOUR RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR ANY SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE OR OTHER SERVICES.
WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE USE OF THE SITE AND ALL OTHER SERVICES, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS; THAT THE SITE OR OTHER SERVICES WILL BE SECURE; THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE WILL BE VIRUS-FREE OR FREE OF OTHER HARMFUL COMPONENTS; THAT COMMUNICATIONS SENT FROM THE SITE, US, OR THIRD PARTIES WORKING ON OUR BEHALF ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS; AND THAT THE SERVICES, THE SITE, OR ANY INFORMATION, SOFTWARE, CONTENT, MATERIALS, ITEMS, PRODUCTS, GOODS, ADVICE, OR OTHER THINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, THE SERVICES, SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US OR THIRD PARTIES WORKING ON OUR BEHALF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT: YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND/OR ANY OTHER SERVICES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF OUR SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES; AND WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE OR THROUGH THE SERVICES.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THESE WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY, EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
11. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER WE NOR OUR EMPLOYEES, BOARD OF DIRECTORS, OFFICERS, INVESTORS, REPRESENTATIVES, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL DAMAGES, LOSS OF REVENUE OR INCOME, LOST PROFITS, EXEMPLARY, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY, ARISING FROM: (i) THE USE OF ANY OF THE SITE, ANY SERVICES OR INFORMATION, SOFTWARE, CONTENT, AND/OR COMPILATIONS INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR OUR SERVICES; (ii) ANY CONTENT POSTED ON THE SITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT); (iii) THE SITE OR ANY OTHER SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE; (iv) THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE SITE; (v) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (vi) ANY DELAY IN OR INABILITY TO USE THE SITE OR OTHER SERVICES OR ANY INFORMATION, ITEMS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE SITE; (vii) OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THROUGH THE SITE; (viii) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF OUR SERVICES; (ix) ANY ACT OR OMISSION OF YOU, US, OR ANY THIRD PARTY ON THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR SUPPLIERS, THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE SHALL NOT BE RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE SITE OR ANY OTHER SERVICE, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY SERVICES IS AT YOUR SOLE RISK.
THIS SECTION AND LIMITATION APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS, OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THIS SECTION DOES NOT PREVENT A RIGHT BY A RESIDENT OF THE STATE OF NEW JERSEY TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES AND EXEMPLARY DAMAGES) NOR DOES IT LIMIT OUR TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM OUR OWN INTENTIONAL OR RECKLESS CONDUCT.
YOU AGREE THAT, IF ANY PORTION OF THIS SECTION IS FOUND INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE SITE OR ANY SERVICES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED THE VALUE OF A REFUND FOR ANY PRODUCT THAT YOU RETURNED TO US. THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITE AND ANY SERVICES, AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD OF HFGM.
12. Indemnification
You agree, to the fullest extent permitted by law, to indemnify and hold HFGM and its affiliates, officers, directors, representatives, members, shareholders, agents, suppliers, distributors, employees, service or third party providers, contractors, subcontractors, and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and/or access to the Site or any Services; (ii) your violation of any part of this Agreement; (iii) your violation of law or of any third-party right, including without limitation infringement of the rights of a third party or of any copyright, property, or privacy right; (iv) any claims resulting from content you supply; (v) your unconscionable commercial conduct; or (vi) any other claim that your use of the Site or any Services caused damage to a third party. HFGM reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with HFGM if and as requested by HFGM in the defense of such matter.
13. Risk of Loss
All goods and products purchased by you from HFGM are delivered pursuant to a shipment contract by a third-party package delivery company. We shall use commercially reasonable efforts to ensure the performance of such third-party suppliers and shipping companies, but shall not be responsible for their failure or for their other acts or omissions.
14. Return Policy
Our return period is generally thirty (30) days from the date of delivery; however, this period may be less for certain items, such as event tickets and the like. Unless we indicate a shorter return period in the product description on our Site, all return requests must be made within thirty (30) days of delivery, as reported by the respective third-party package delivery company, to qualify for return. Return requests received more than fourteen thirty (30) after the date of delivery are not eligible for return. All returns must be completed within thirty (30) days of when return instructions are provided. Products must be returned in the original, unopened packaging and with all individual items. No partial returns will be accepted. All shipping costs for merchandise authorized by HFGM to be returned to HFGM shall be at the customer's expense and may include a restocking fee. If an order is short-shipped, the wrong product was sent, or if merchandise is damaged or defective, we will issue a full credit for the product amount. No returns or reports of damaged/defective product will be accepted after thirty (30) days.
PLEASE NOTE: In accordance with Federal Health Codes, all food, grocery, intimate apparel, underwear, swimwear and adult novelty items, are not returnable. The only exceptions are manufacturer's defects.
If our Return Policy allows for a return, or we otherwise agree to a return in writing, we do not take title to returned items until the item arrives at our fulfillment center, which must occur within thirty (30) days of the return approval confirmation. We will only issue a refund upon receiving the returned item at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.
To begin the return process, please email us at support@HopeForGood.com and provide us with your order number, order date, delivery date and the reason for the return. If we authorize your return, you will be provided with an RMA number, along with shipping instructions. Failure to provide the information required to obtain an RMA may result in your refund request being denied.
15. Modifications to the Site and Services
HFGM reserves the right to terminate, modify, cancel or discontinue, temporarily or permanently, all or any portion of the Services with or without notice. HFGM also reserves the right to terminate, discontinue, modify or cancel any or all promotions at any time and in its sole discretion without notice to you. Any changes or modifications to any of the foregoing will be effective immediately upon posting the revisions on or through the Site.
16. Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. Termination and Effect of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate this Agreement and/or or terminate or revoke any or all your rights granted under this Agreement. Upon any such termination, you shall immediately cease all access to and use of the Site or any Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all usernames, password(s), and account identification issued to you and deny your access to and use of the Site and all Services, in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
18. Severability
The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent, and in the manner, necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from this Agreement without affecting the validity, legality or enforceability of any of the remaining provisions.
19. Governing Law; Forum Selection
This Agreement shall be governed in accordance with the laws of the State of Nevada, USA, notwithstanding any conflict-of-law provisions to the contrary. You understand and agree: (i) should any event arise wherein the Arbitration Provision is rendered invalid or otherwise does not apply, that any action or other legal proceeding relating to this Agreement, or your use of the Site or any Services, shall be brought exclusively in any court of competent jurisdiction located in Clark County, State of Nevada and for that purpose you irrevocably and unconditionally agree and submit to the jurisdiction of such Nevada court; (ii) that you irrevocably waive any right to, and will not, oppose any such Nevada court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) you will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) you will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from a Nevada court; and (v) you specifically agree that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by HFGM in any location other than Clark County, State of Nevada and indeed agree that HFGM is not carrying on business in any jurisdiction other than the state of Nevada. You irrevocably waive any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and/or the Services and agree to waive personal service of process and consent that service of process upon you may be made by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at the address provided by you in your user account registration, if applicable. If that fails, or an address is not provided, you agree that service may be made upon you by the email address you used to register for a user account or through publication.
20. Attorneys’ Fees and Costs
If any arbitration, proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach hereof, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party’s costs, reasonable attorneys’ fees, the amount of which shall be fixed by the court and/or arbitrator, and shall be made a part of any award or judgment rendered (regardless of whether or not the matter is contested).
21. Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY — IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
HFGM and you agree that this Agreement, and the use of the Site and/or the Services, involve and affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply govern the interpretation and enforcement of this Section of the Agreement.
The capitalized word “Dispute” shall mean any dispute, claim, or controversy arising out of or relating to this Agreement (including, for example, any dispute about the validity or enforceability of this Agreement), the Site, any Services, or any products or services sold or distributed by HFGM or otherwise through the Services or the Site, your access or any other party's access to and/or use of the Services and Site, and/or the provision of content, products, services, and/or technology on or through the Site.
In the event of a Dispute, HFGM or you must give the other party notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to HFGM by email and by U.S. Mail to 2764 N. Green Valley Pkwy., #401, Henderson, NV, 89014, USA. If HFGM has your contact information, we will send any such notice to you by U.S. Mail to the address you have set in your account settings and to your email address.
You agree to try to resolve any Dispute with us through informal negotiations which are to begin within 30 days of the date that any notice of Dispute is sent by email and U.S. Mail to the other party. You and we agree to use reasonable, good faith efforts to settle any Dispute through consultation and negotiations. If after 30 days of such consultation and negotiation, we still cannot resolve the Dispute and if you or HFGM do not want to continue reasonable, good faith efforts to settle the Dispute through consultation and negotiations, HFGM or you may then resort to the other alternatives described in this Section.
Notwithstanding anything to the contrary contained in this Section, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site or any Services shall not be subject to the notice, 30-day negotiation period, or arbitration as otherwise required by this Section. Except as otherwise specifically set forth in this Section, if a Dispute of any kind between you and HFGM remains unresolved after 30 days of reasonable, good-faith efforts to settle the Dispute through consultation and negotiations, the Dispute shall be resolved by binding arbitration. This arbitration provision will also apply to any Dispute between you and any present or future parent, subsidiary, or affiliate of HFGM, or any employee, officer, director, or investor of HFGM.
Arbitration is more informal than a lawsuit in court in that there is no judge or jury in arbitration. Arbitration seeks to resolve disputes more quickly and court review of an arbitration award is limited. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages as a court (including injunctive and declaratory relief or statutory damages), and must follow this Agreement as a court would. HFGM and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow this Agreement and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney's fees. HFGM and you understand that, absent this mandatory arbitration provision and other applicable terms, HFGM and you would have the right to sue in court and have a jury trial. HFGM and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
The arbitrator's award will be in writing, shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the extend a party attempts to contest the enforceability of this arbitration provision, arbitrability will be decided by the arbitrator, and the parties hereby waive any statutes that appear to state that a party may contest arbitrability based upon grounds available in law or in equity for the revocation of any contract.
Arbitration under this Agreement shall be conducted by a single arbitrator, and at a location, governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org. You agree to submit to the personal jurisdiction of any state or federal court in Nevada to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney's fees and expert witness costs unless HFGM is specifically required to pay such fees under applicable law. If for any reason a Dispute between HFGM and you comes before a court (e.g., if the arbitration provisions are found unenforceable), HFGM and you agree to waive, to the fullest extent allowed by law, any trial by jury. As more fully set forth above, we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. This agreement to arbitrate shall survive any termination or expiration of this Agreement.
22. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
HFGM and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. HFGM and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Las Vegas, Nevada. If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.
This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of HFGM, or any employee, officer, director, or investor of HFGM, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
23. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders, even if the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall, within a reasonably practicable amount of time, issue a credit to your credit card account in the amount of the charge.
24. Copyright Complaints and DMCA Policy
We observe and comply with the DMCA, and have adopted the following Notice and Takedown Policy relating to claims of copyright infringement concerning any content on this Site or any related media.
Notice of Claimed Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent identified below with the following information:
(1) Your name, address, telephone number, and e-mail address;
(2) A description of the copyrighted work that you claim has been infringed;
(3) The exact URL or web address where the alleged infringing material is located, along of a screenshot showing where the alleged infringing material is located;
(4) A statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(5) Your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf (it’s okay to just type your full name at the end of your notice); and
(6) A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result. See 17 U.S.C. § 512(f).
Please do not send other inquires or information to our designated agent.
You may send your DMCA notice to our registered DMCA agent via email to support@HopeForGoodMarketplace.com. Rather than emailing us, DMCA notices can be submitted in writing to our designated DMCA Agent (our “Agent”): James Song, 2764 N. Green Valley Pkwy., #401, Henderson, NV, 89014, USA. Mailing DMCA notices is strongly discouraged and may delay processing of your request.
Our compliance with the DMCA should not be considered a promise, either express or implied, to remove any material from this Site. Removal is always done at our sole and absolute discretion, regardless of any discretionary take down procedures, including the following, that we may elect to adopt and/or utilize.
Upon receipt of any notification of claimed copyright infringement, we reserve the right, at any time, without notice or liability, to disable access to, or remove any material or activity accessible on or from the Site or any materials claimed to be infringing. We will attempt to act expeditiously to remove access to all material that infringes on another's copyright, according to the procedure set forth in 17 U.S.C. §512 of the "DMCA".
If any DMCA notice does not comply with §512 of the DMCA, but does comply with three requirements for identifying sites that are infringing according to §512 of the DMCA, we may attempt, but are under no obligation, to contact or take other reasonable steps to contact the complaining party to help that party comply with the notice requirements. When our Agent receives a valid notice, we will attempt to expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to our Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After our Agent receives the counter-notification, we may replace the material at issue within 10-14 days after receipt of the counter-notification unless our Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.
25. Contact Us
For questions or comments regarding the Site or any Services, please contact us using the information below:
Phone: 725-222-1225
Fax: 725-222-1225
Email: support@hopeforgood.com