Introduction
Welcome to our website, hoovobattery.shop!
These Terms and Conditions (“Terms”) govern your access to and use of our website and online store as well as any content, functionality, products or services offered on or through our website (collectively our “Services”).
Please read these Terms carefully before using our Services. By accessing or using any part of the Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features, tools, products or services which are added to our Services shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right to update or change these Terms by posting updates and changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
Section 1 of these Terms provides information about us and how to contact us.
Section 2 outlines key details about your agreement with us.
Section 3 explains certain rules for acceptable use of our Services.
Section 4 describes our intellectual property rights.
Section 5 discusses limitations on liability and disclaimers.
Section 6 contains important information about jurisdiction and applicable law.
Section 7 describes our Privacy Policy and processing of personal data.
Section 8 contains additional miscellaneous provisions related to interpretation and waivers, severability, changes to these Terms, and similar matters.
We hope you enjoy using our Services, and we look forward to serving you!
1. About Us and How to Contact Us
hoovobattery.shop is operated by Hoovo Battery Company. We are a leading manufacturer and retailer of high performance lithium polymer (LiPo) batteries and related accessories for remote control vehicles and devices.
To contact us, please email [email protected] or write to us at:
Hoovo Battery Company
123 Battery Lane
Nashville, TN 37205
USA
2. Your Agreement with Us
2.1 Your Account
If you create an account or profile to use certain features or functionality on our Services, you agree to provide accurate and complete information and to update this information to keep it accurate and complete. You are solely responsible for the activity that occurs under your account or profile, whether done by you or someone else using your account or profile. Your account may be terminated and all content removed if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, or incomplete.
You must be at least 18 years of age, or the legal age of majority where you reside, to create an account or use our Services. By creating an account or using any of the Services, you represent and warrant that you meet this age requirement. Individuals under the required minimum age may only use our Services under the supervision of an adult.
You are responsible for keeping your account information confidential and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account. We are not responsible or liable for any loss or damage arising from your failure to comply with any of the above.
2.2 Content You Submit to the Services
There may be opportunities for you to post content to public areas of our Services. Any content you disclose in these areas becomes public and accessible to others. Exercise caution when deciding to disclose any information in these areas. We are not responsible for the information you choose to submit in these public areas.
You agree that you will not post or otherwise publish through the Services any of the following:
- Content that is illegal, obscene, offensive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or is otherwise injurious to third parties or objectionable;
- Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- Content that may impinge upon or violate the publicity, privacy or intellectual property rights of others;
- Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”;
- Content that contains advertising or any solicitation with respect to products or services; or
- Content that impersonates another person or otherwise misrepresents your affiliation with a person or entity.
We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
2.3 Rights You Grant Us to Content
By submitting, posting or displaying any content on or through our Services, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable and transferable license to use, copy, reproduce, process, adapt, modify, publish, transmit, create derivative works from, distribute and display such content in any form, media or technology, whether now known or hereafter developed. You grant us and our sublicensees the right to use the name you submit in connection with such content, if we choose.
You represent and warrant that you own or otherwise control all necessary intellectual property rights to provide such content and grant the licenses described here. You further represent and warrant that such content is accurate and not misleading or harmful in any manner.
2.4 Rules for Use of Email and Text Messages
We may make available services or features that allow you to receive email, text messages or other notifications. You agree to receive such messages, which may include promotions and advertisements. You understand you may opt out of non-essential communications at any time. For essential transactional service communications, you agree we may send you messages via email, SMS, in-app notifications or other methods.
You are responsible for any messaging or data fees your mobile provider may charge for any SMS or text messaging we send. We do not guarantee that messages will be sent, since mobile phone networks are owned and operated by third parties. We do not guarantee the privacy or security of wireless messaging and you acknowledge that such messages may be accessible by others.
2.5 Services Available on Our Website
Our Services allow you to browse, locate, view, purchase, and download certain content, products, services or information from our website.
Information that you submit or that is collected in connection with your use of certain services may be used by us in accordance with Section 7 on Privacy and Personal Data.
Descriptions or images of, or references to, products, services or publications within the Services do not imply our endorsement of that product, service or publication. We reserve the right to discontinue any product or service at any time.
Some of the functionality on our Services is made available via third party services, platforms and APIs including, for example, delivery services and payment processors. These third parties may require your agreement to their terms and privacy policies in order to access their services, platforms and APIs. You agree to comply with any such third party terms when using our Services.
Certain services are made available to you free of charge, such as browsing and using certain areas of the website. Other paid services or goods may be available for purchase through our Services. Additional terms and conditions may apply to purchases of certain products or services and will be disclosed at the time of purchase or in other communications made available to you.
2.6 No Professional Advice
The content provided as part of the Services is for informational and educational purposes only. No material or information on our website or obtained through use of our Services is intended to constitute professional advice. You should not rely on any information provided in the Services to replace consultations with qualified professionals to meet your individual needs.
3. Acceptable Use Policy
3.1 Abusing the Services
You must use our website and other Services for lawful purposes only and in accordance with these Terms. You must not misuse our Services or help anyone else to do so. For example, you must not do any of the following in connection with the Services:
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, search, or collect data by any means (automated or otherwise) except as expressly authorized by the Services;
- Share or disclose any personal data without proper consent;
- Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
- Interfere with or disrupt the Services (such as by distributing a virus, overloading, flooding, spamming, or mail-bombing the Services);
- Copy, modify, create derivative works of, reverse engineer, decompile, or otherwise attempt to extract any or all of the source code of the Services;
- Make fraudulent offers to sell or buy products or services or to advance any type of financial scam such as “pyramid schemes,” “chain letters,” and “ponzi schemes”;
- Violate any applicable law or regulation in any jurisdiction where you are accessing or using the Services;
- Harass, stalk or harm another individual;
- Make unsolicited communications not permitted by applicable law;
- Use any automated means (such as robots, spiders, scripts or other automatic devices or programs) to access, monitor or copy our Services other than for purposes permitted by search engines complying with our robots.txt file;
- Falsify or alter any technical or legal notices present on the Services, such as by removing, changing or adding attribution of ownership or source indications;
- Sell, resell or commercialize the Services in any unauthorized manner;
- Misrepresent your relationship with us; or
- Violate any other policy or terms posted on our Services.
3.2 Monitoring and Enforcement
We reserve the right (but do not assume the obligation) to review any content you submit and investigate any conduct that we suspect violates these Terms. We may in our sole discretion suspend, block, restrict or terminate your access to all or any part of our Services at any time, without notice or liability. We may remove any materials that violate these Terms and take appropriate legal action, including referral to law enforcement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or materials on or through the Services. YOU WAIVE ANY RIGHT TO SEEK A COURT ORDER RESTRAINING, ENJOINING, OR OTHERWISE PROHIBITING US FROM COMPLYING WITH LAW ENFORCEMENT REQUESTS OR DISCLOSING YOUR INFORMATION TO LAW ENFORCEMENT. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, ANY CONTENT OR INFORMATION YOU POST TO, THROUGH OR IN CONNECTION WITH THE SERVICES.
We do not endorse or control any user generated content posted on or through the Services by users and do not guarantee the accuracy, integrity or quality of any such content. You understand that by using the Services, you may be exposed to content that you find offensive. You agree that you must evaluate and bear all risks associated with the use of any user generated content, including any reliance on the accuracy, completeness or usefulness of such content.
4. Intellectual Property Rights
4.1 Our Intellectual Property Rights
The materials displayed or performed or available on or through our Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including our) rights.
You understand that we own the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services. You also understand that we own the copyright in original works prepared by hoovobattery.shop and featured on the Services, including certain text, graphics, designs, logos, icons, and images (the “hoovobattery.shop Content”). You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3), create derivative works based on, distribute, perform, display, or in any way exploit, any of the hoovobattery.shop Content, in whole or in part without our prior written consent.
The trademarks, logos, service marks, trade names, and trade dress displayed on the Services (collectively the “Trademarks”) are the registered and unregistered trademarks of hoovobattery.shop, our licensors, our suppliers, and others. All Trademarks not owned by hoovobattery.shop are the property of their respective owners, and, where used by hoovobattery.shop, are used with permission. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our prior written consent.
4.2 Your Intellectual Property Rights
We claim no ownership rights over User Content you submit to the Services. You retain all intellectual property rights in and to your User Content. We gain no right to license or sublicense User Content you submit or make available for inclusion on the Services.
However, by submitting or posting User Content, you grant us an irrevocable, perpetual, non-exclusive worldwide license to reproduce, modify, adapt, publish, translate, create derivative works from and/or distribute such User Content in any and all media or distribution methods now known or hereafter developed (the “Licensed Rights“).
You grant the Licensed Rights for the purpose of operating, promoting, improving and providing the Services. This license does not transfer ownership of your User Content to hoovobattery.shop. You represent and warrant you have all necessary rights to grant the Licensed Rights without infringing or violating any third party rights or violating any laws.
5. Disclaimers and Limitation of Liability
5.1 No Warranties by Us
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT FOR THE SERVICES.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, CURRENT, USEFUL, OR THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. YOU USE AND ACCESS THE SERVICES AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED OR DISCLAIMED UNDER APPLICABLE LAW. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
5.2 Limitations of Our Liability
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
5.3 Indemnification
You agree to defend, indemnify and hold harmless hoovobattery.shop and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach or violation of these Terms; (b) your use of the Services in violation of these Terms or any applicable law; (c) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; or (d) your violation of any rights of another.
6. About These Terms; Contacting Us; Additional Policies
6.1 Changes to the Terms
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Changes to these Terms will become effective when posted on this page, or as otherwise communicated to you. Your continued use of the Services following any such change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Services.
The date of the last revision to these Terms appears at the top of this page. If any revision to these Terms materially modifies your rights or obligations, we may make reasonable efforts to notify you of such changes, such as by posting a notice on our homepage, login screen or emailing the email address associated with your account.
Modifications to Products or Services – We reserve the right to modify, replace, change, or discontinue any of the products, services, content or features on the Services at any time. Notice of material changes may be provided on the Services, by email or other reasonable means where appropriate. Your continued use of the Services constitutes acceptance of any such modifications. If you do not agree to the modifications, you must immediately stop using the Services.
6.2 Applicable Law and Disputes
These Terms are governed by the laws of the State of Tennessee, without regard to conflict of law principles. FOR ANY DISPUTE RELATING TO OR ARISING FROM THESE TERMS OR THE SERVICES, YOU AGREE THAT SUCH DISPUTE WILL BE RESOLVED THROUGH BINDING ARBITRATION AS PROVIDED BELOW AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
6.3 Contacting Us; Reporting Violations
If you have any questions, concerns or complaints about these Terms or our Services, please contact us using the information provided below. If you notice or become aware of any violation of these Terms, please report it immediately so we can take corrective action.
Hoovo Battery Company
123 Battery Lane
Nashville, TN 37205
USA
Email: [email protected]
7. Privacy Policy
Please review our Privacy Policy which describes how we collect, use, and disclose personal data.
8. Interpretation, Severability, Waiver, Remedies
8.1 Interpretation
The term “including” means “including but not limited to.” The word “or” is disjunctive but not necessarily exclusive. All references to days mean calendar days unless otherwise specified. Words in the singular form shall include the plural and vice versa.
8.2 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted by the arbitrator to best accomplish the objectives of the unenforceable provision within the limits of applicable law or applicable court decisions and the remaining provisions of these Terms shall remain in full force and effect.
8.3 Waiver
Except as provided herein, no delay or omission to exercise any right, power or remedy accruing to any party under these Terms shall impair any such right, power or remedy or shall be construed to be a waiver of or acquiescence to any breach hereof. No waiver of any breach hereof shall be deemed to be a waiver of any other breach hereof. Any waiver must be in writing signed by the waiving party.
8.4 Remedies
You agree that irreparable damage would occur if these Terms were not performed in accordance with its terms and that we would not have an adequate remedy in the event of a breach by you. Accordingly, we shall be entitled to seek an injunction to prevent breaches of these Terms and to seek specific performance of the terms hereof, in addition to any other remedy at law or equity.
8.5 No Third Party Beneficiaries
You agree that there are no third party beneficiaries to these Terms and that these Terms are not intended to benefit any third party.
8.6 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms, in whole or part, without our prior written consent. We may freely assign these Terms. Any attempt by you to assign these Terms without such consent is void.
8.7 Headings
All headings contained in these Terms are included only for convenience and ease of reference and shall not be considered in the interpretation or application of any section of these Terms.
8.8 Entire Agreement
These Terms, including the additional policies referenced herein, constitutes the entire agreement between you and us regarding your access to and use of the Services. These Terms supersede any prior or contemporaneous representations or agreements, whether written or oral, between you and us regarding the Services.