Terms & Conditions
Table of Contents
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER.
The Site is owned and controlled by Company. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific Company Site. If you do not agree to these Terms, do not use the Site. Company reserves the right to modify or change these Terms from time to time, at Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE SITE.
WEBSITE CONTENT AND LIMITS ON USE
We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “Content”) is owned or licensed by Company.
The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble, or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title, or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you regarding the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company.
Except for information, products or services clearly and specifically identified as being supplied or endorsed by Company, Company does not endorse any products or services on this Site or other sites linked to or from it. Company may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.
In order to create an account on this Site, you must be at least eighteen (18) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from Company and its affiliated entities.
If you send, post, or otherwise provide to Company any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Company has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Company and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Company a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Company shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.
Company owns and maintains a growing portfolio of trademarks, including wordmarks, service marks, logos, images, slogans, designs and trade dress (hereinafter, “Company Marks” or “Marks”). The Company Marks are valuable assets to the company, and are legally protected in the United States and various jurisdictions around the world. Company names and logos and all related product and service names, design marks and slogans are the proprietary property of Company. All rights are reserved. Site visitors are not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company.
A list of commonly used Company Marks, including common law trademarks, in the United States and certain other countries can be found below. Not all common law marks used by Company are necessarily listed on this page or available through this website. This list may be updated from time to time and is not necessarily a comprehensive list of all Company Marks. Failure of a mark to appear on this list does not mean that the mark is not used by Company, nor that a product or the associated mark is not actively in use or is not significant within its relevant market(s).
HALO, HALO & Flame Design, Flame Design, and RISE ABOVE (and variations) are trademarks of Company in the United States and other countries. All other trademarks appearing on the Site are the property of their respective owners.
RULES FOR USING THE SITE
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
- You may not access or attempt to access the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, or other means or processes to access, “scrape,” “crawl” or “spider” the Site, its offers, or any related data or information.
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site if: (a) you violate these Terms; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory, or otherwise harmful to Company or others. Please note that if you are accessing a Site via a mobile device, standard fees may be incurred. Check with your mobile service provider for details.
PRODUCT INFORMATION, PRICING AND AVAILABILITY
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third-party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Company or such third party with information that is accurate, complete, and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
COPYRIGHT INFRINGEMENT NOTICE
We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent at the following:
c/o Halo Products Group, LLC
850 West Park Rd
Elizabethtown KY 42701
Attention: e-mail to: firstname.lastname@example.org
All claims of infringement must be in writing and must contain the following information:
- 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 copyrighted 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 that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
- information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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.
Company reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Company reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Site. All decisions by Company regarding fraud or suspected fraud are binding and final.
WEBSITE WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COMPANY EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH COMPANY MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION (“ARBITRATION AGREEMENT”) CAREFULLY. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH COMPANY AND MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN (OR, IF A BUSINESS, YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES.
In the event that you and Company have a “Dispute” as defined below, you and Company agree to try for 60 days to resolve the Dispute informally. If you and Company are unable to resolve the Dispute, you and Company agree to BINDING INDIVIDUAL ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE FEDERAL ARBITRATION ACT (“FAA”), AND NOT TO SUE IN COURT IN FRONT OF A JUDGE OR JURY in order to resolve the Dispute, subject to the exceptions below. A neutral arbitrator will decide the Dispute via the binding individual arbitration and the arbitrator’s decision will be final except for a limited right of review under the FAA.
Disputes Covered – Everything Except IP
The term “Dispute” shall be construed as broad as possible and shall include, but not be limited to, any claims or controversies between you and Company against each other related in any way to, or arising out of, in any way, the Site, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Company, even if the claim or controversy arises after you or Company have terminated use of the Site or a user account or these Terms. A Dispute also includes, but is not limited to, a claim and/or controversy that: (a) you bring against Company’s members, employees, agents, affiliates, or other representatives; (b) that Company brings against you; (c) that is any way related to or arising out of any aspect of the relationship between you and Company, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (d) that arose before these Terms or out of a prior set of Terms with Company; (e) that is subject to ongoing litigation where you are not a party or a class member; and/or (f) that arose after the termination of these Terms.
A DISPUTE DOES NOT INCLUDE DISAGREEMENTS OR CLAIMS CONCERNING COMPANY’S OR YOUR INTELLECTUAL PROPERTY (“IP”) INCLUDING PATENTS, COPYRIGHTS, MORAL RIGHTS, TRADEMARKS, AND TRADE SECRETS, AND CLAIMS OF PIRACY OR UNAUTHORIZED USE OF IP, WHICH SHALL NOT BE SUBJECT TO ARBITRATION, OR THE NOTICE AND GOOD FAITH NEGOTIATION REQUIREMENT DESCRIBED BELOW.
Binding Arbitration Process and Procedure
Except as provided herein, if you and Company cannot resolve a Dispute informally, any Dispute will be resolved only by binding arbitration. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Site for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the appropriate form available at www.adr.org to the AAA and mail a copy to Company at the following address:
c/o Halo Products Group, LLC
850 West Park Rd
Elizabethtown KY 42701
In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—Hardin County, Kentucky if your dispute is with Company. You choose if you initiate the arbitration. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
Company and you further agree to submit to the personal jurisdiction of any state or federal court in Hardin County, Kentucky to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Company will pay the additional cost. Company shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be frivolous or asserted or conducted for an improper purpose. 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 Company is specifically required to pay such fees under applicable law.
You or Company may choose to pursue a claim in small claims court where: (a) jurisdiction and venue over you and Company otherwise qualifies for such small claims court; (b) such claim advances only on an individual (e.g. non-class, non-representative) basis; and (c) where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to provide Company with advance notice by email to email@example.com and by mail to:
c/o Halo Products Group, LLC
850 West Park Rd
Elizabethtown KY 42701
These Terms and this Arbitration Agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Company on your behalf.
Authority of Arbitrator
Express Waiver of Jury Trial
One Year Limit to File Arbitration Request or Small Claims Law Suit
Parents, Subsidiaries, Affiliates
Changes to This Section
Company will provide thirty (30) days notice of any changes to this section by posting on the Site or apps, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the applicable website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the sections entitled “Arbitration” and “Class Waiver” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver sections in existence after you began using the Services.
Survival of Agreement
Express Waiver of Class and Consolidated Actions
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Company and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Company 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.
The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Company users, and cannot be used to decide other disputes with other users.
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 the federal court with primary jurisdiction for Hardin County, Kentucky.
If any clause within this Express Waiver of Class and Consolidated Actions 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 Express Waiver of Class and Consolidated Actions Section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Company, or any employee, officer, director, member, or investor of Company, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.
This Express Waiver of Class and Consolidated Actions Section shall survive any termination of your account or the Services.
YOU AND COMPANY AGREE THAT YOU WAIVE YOUR RIGHT TO BRING ANY CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. NOR IS COMBINING INDIVIDUAL ARBITRATION PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES, INCLUDING COMPANY PERMITTED.
You and Company agree that these Terms affect interstate commerce and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.