Terms and Conditions
This website, hurczyn.com ("Website"), is owned and operated by Hurczyn, LLC, its affiliates or agents ("Hurczyn" or "our" or "us" "we"). The disclaimers, disclosures and policies found on this Website (collectively, the "Terms and Conditions") governs your access to and use of the Website including any content, functionality, services or products offered on or through the Website.
Please read the following Terms and Conditions carefully before you start to use the Website. By using the Website, by clicking to accept or agree to the terms of use when this option is made available to you, or by purchasing any Hurczyn products, you accept and agree to be bound and abide by the Terms and Conditions. If you do not want to agree to the Terms and Conditions, you must not access or use the Website.
Please note that Hurczyn, in its sole discretion, may change the Terms and Conditions at any time. Please check back regularly to the Website to view the then-current terms. Your continued use of the Website constitutes your acceptance of the Terms and Conditions. If you do not agree to any change(s), you shall stop using the Website and/or the services or products offered on or through the Website.
TERMS AND CONDITIONS:
DISCLAIMER
Hurczyn shall not be held liable for any improper or incorrect use of the information or services on this website and assume no responsibility for anyone's use of the information or services. Hurczyn shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this Website. This includes, but is not limited to, procurement or substitute goods or services; loss of use, data or profits; or business interruption. This disclaimer of liability applies to any damages or injury which may be perceived by you, the Website user, to be caused by the information or services on this Website, or by using this Website.
ACCESS TO WEBSITE DISCLAIMER
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence. You must be of legal age required by the state you are in to purchase Hurczyn products. It is your responsibility to know whether you are legally able to purchase such products. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
It is Hurczyn's goal to ensure that this Website is accessible to all applicable users. If you experience any difficulty in accessing content on this Website, please contact Hurczyn at addisonfarmllc@gmail.com or 860-578-5555 and we will make every effort to assist you.
PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Hurczyn. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in any service will be corrected.
PURCHASING
By purchasing from Hurczyn, you assume full and complete responsibility to comply with all applicable local, state, and federal laws regarding the possession and use of any item purchased from Hurczyn. Please review your local municipal and state laws before ordering if you are in doubt. You represent and warrant that products ordered will be used in a lawful manner and that you are of legal age. Hurczyn will not be held liable for the misuse of any product. Hurczyn reserves the right to cancel any order at any time prior to shipment. Without the express prior written permission of Hurczyn, all purchases must be for end use only.
INDEMNIFICATION
By purchasing any Hurczyn products or services, you agree to indemnify, defend and hold Hurczyn, its subsidiaries, affiliates, owners, agents, managers, officers, directors, employees and contractors (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, losses, damages and expenses, including reasonable attorneys’ fees (collectively, "Losses") relating to or arising out of: (i) any breach of these Terms and Conditions by you, including any use of the information on this Website other than as expressly authorized in these Terms and Conditions, (ii) your use of the products purchased on the Website or given to you in a promotional sale in connection with your purchase of Hurczyn products; or (iii) any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation or order. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website or the purchase of any Hurczyn products. You agree that the provisions in this section will survive any termination of the Terms and Conditions.
NO WARRANTIES AND LIMITATION OF LIABILITY
Hurczyn, its owners and representatives, disclaim any warranties and liability for injury caused by use of the products sold herein. By purchasing products from Hurczyn, you acknowledge receiving the warnings and limitations of liability herein.
IT IS THE SOLE AND EXCLUSIVE RESPONSIBILITY OF THE CONSUMER TO DETERMINE THE SUITABILITY OF THE PRODUCTS FOR HIS OR HER USE, AND THE CONSUMER SHALL ASSUME ALL LEGAL, PERSONAL INJURY RISK, AND LIABILITY AND ALL OTHER OBLIGATIONS, DUTIES AND RISKS ASSOCIATED THEREWITH.
THE PRODUCTS ARE PROVIDED "AS-IS" AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF HURCZYN, FOR ANY REASON, AND CONSUMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CONSUMER FOR THE PARTICULAR ITEMS PURCHASED. HURCZYN AND ANY OF ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HURCZYN AND CONSUMER. THESE PRODUCTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Hurczyn shall not be liable for improper or incorrect use of the information, services or products purchased on this Website and assume no responsibility for anyone's use of such information, services or products. Hurczyn shall not be held liable for any direct or indirect damages caused in any way through the use of information or services on this Website.
COPYRIGHTS AND INTELLECTUAL PROPERTY
Hurczyn owns all rights, title and interest in the Website, the products, the services, and any and all information and content available on the Website. We retain all rights with respect to any of our patented material, patents, patents-pending, trademarks, service marks, logos and copyrighted material appearing on this Website.
This Website and all its contents are intended solely for personal, non-commercial use. You may not download or copy the contents and other downloadable materials displayed on the Website. No right, title or interest in any materials or products is transferred to you as a result of any such downloading, copying or purchasing any products. You may not reproduce, reverse engineer, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the Website or any Hurczyn products.
NO RESALE
In no event shall any person or entity who purchases any products through this Website be permitted to resell them, in whole or in part, to any other person or entity.
DISPUTE RESOLUTION
In the event of any claims, disputes, or other controversies arising out of, or relating to, these Terms and Conditions, the use of this Website or information obtained through this Website, or any other online site controlled by us (the "Dispute" and together the "Disputes"), you agree to resolve any Dispute through mediation by an established alternative dispute resolution entity in Pennsylvania. The parties agree that they will participate in the mediation in good faith.
If the Dispute cannot be resolved through mediation, then it shall be submitted for final and binding arbitration in the Commonwealth of Pennsylvania before one arbitrator, selected by the agreement of the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. All hearings shall be held in the Commonwealth of Pennsylvania. The mediation or arbitration of any Dispute shall not be joined or consolidated with the mediation or arbitration of any other Dispute.
YOU AGREE THAT YOU ARE WAIVING ANY RIGHT TO A TRIAL BY JURY.
No waiver by Hurczyn of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. These Terms and Conditions will be governed and interpreted pursuant to the laws of Pennsylvania. You specifically consent to personal jurisdiction in Pennsylvania in connection with any dispute between you and us arising out of these Terms and Condition or pertaining to the subject matter hereof. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Website must be brought within one (1) year from the date on which such claim or action arose.
REFUND POLICY
All sales are final. No refunds will be issued after purchase for any reason.
SHIPPING POLICY
Please note that all in-stock orders require 24-48 business hours for processing prior to shipment. We aim to ship out-of-stock | pre-order items within 3-4 weeks. Although we ship to every state, you are responsible for complying with local, state, and federal laws. Hurczyn will not be held liable for lost, stolen, undelivered or seized packages.
PRIVACY POLICY
This Privacy Policy (the "Privacy Policy") governs your access to and use of the Website including content, functionality and services offered on or through the Website, whether as a guest or registered user. When accessing the Website, Hurczyn will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this Privacy Policy to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website.
This Privacy Policy, together with the other terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website. Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.
WEBSITE VISITORS
Like most Website operators, Hurczyn collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Hurczyn’s purpose in collecting non-personally identifying information is to better understand how Hurczyn’s visitors use its Website. From time to time, Hurczyn may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.
SECURITY
The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
LINKS TO EXTERNAL SITES
Our Website may contain links to external sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy and terms and conditions of every site you visit. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites, products or services.
SHARING YOUR INFORMATION
We do not sell, trade, or rent users’ personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates, and advertisers for the purposes outlined herein. We may use third-party service providers to help us operate our business and the Website or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes, provided that you have given us your permission.
E-COMMERCE
Those who engage in transactions with Hurczyn – by purchasing Hurczyn’s products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Hurczyn collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Hurczyn. Hurczyn does not disclose personally-identifying information other than as described herein. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Website-related activities.
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