By using Store Hours in any way, you agree to and are bound by these Terms Of Use and all other guidelines or policies referenced herein("Terms"). You
also represent that you are of legal age to form this binding contract and are not a person barred from receiving services under the laws of any
applicable jurisdiction. If you do not wish to be or cannot be bound by these Terms, do not use Store Hours in any capacity.
1. Amendments
These Terms may be amended by us from time to time with or without notice to you. It is your responsibility to review the controlling version of these Terms,
and by continuing to use Store Hours subsequent to us making available an amended version, you thereby agree to such amendment.
2. Electronic Signature & Records
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY AND/OR BY MEANS OF ELECTRONIC SIGNATURE, AND TO US STORING RECORDS RELATED TO YOUR CONTRACTS WITH US IN ELECTRONIC FORM.
3. Privacy & Safety
Please take a moment to review our Privacy Policy which provides important details regarding how we collect and use personal information.
You must be at least 13 years of age to access and use Store Hours.
Store Hours may contain links to other web sites or resources but does not endorse any material, products or services related to such sites or resources.
While we try our best to take measures that help provide the best quality and appropriate content, you may be exposed to content or material that is offensive, indecent or objectionable.
You must be at least 13 years of age to access and use Store Hours.
Store Hours may contain links to other web sites or resources but does not endorse any material, products or services related to such sites or resources.
While we try our best to take measures that help provide the best quality and appropriate content, you may be exposed to content or material that is offensive, indecent or objectionable.
4. Your Conduct
You represent and warrant that:
- You will not violate any laws.
- You will not post anything that is harmful, confidential, threatening, abusive, inflammatory, harassing, defamatory, indecent, vulgar, obscene, libelous, pornographic, or racially, ethnically, or otherwise objectionable.
- You will not knowingly post any false or inaccurate content.
- You will not misrepresent your identity.
- You will not post unauthorized solicitation in any form.
- You will not post any viruses or malicious code.
- You will not act in a manner that negatively affects other users' ability to use Store Hours.
- You will not harass, intimidate or stalk anyone.
- You will not collect or store personal data about anyone
- You will not reproduce, adapt, distribute, publicly display or publicly perform any portion of Store Hours or content residing on Store Hours other than as necessary to use Store Hours.
- You will not encourage or facilitate violations of these Terms or any law.
5. Registration
Some features of Store Hours are only available to registered members. Registering for an account provides you with a unique authentication which will control your access to certain portions of Store Hours.
If you choose to sign up for an account, you represent and warrant that:
At our sole discretion, under any circumstances, for any or no reason whatsoever and with or without prior notice to you, we may:
If you choose to sign up for an account, you represent and warrant that:
- You will provide accurate, current and complete personal information about yourself, and only yourself.
- You will keep your personal information true, accurate, current and complete.
- You will maintain the confidentiality of your authentication information.
- You will be fully responsible for all activities that occur under your authentication.
- You will immediately notify us of any unauthorized use of your authentication or any other breach of security.
At our sole discretion, under any circumstances, for any or no reason whatsoever and with or without prior notice to you, we may:
- immediately terminate or suspend your account, your ability to post and/or your access to Store Hours.
- modify or discontinue Store Hours (or any part thereof) temporarily or permanently.
6. Content
Under no circumstance will you be entitled to any compensation or reimbursement of any kind for posting any content.
If any of the content that you post contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation to keep such content confidential and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such content at our sole discretion without any obligation from us to you whatsoever.
We may or may not review content, but we shall have the right (but not the obligation) in our sole discretion to review, reject, modify and/or remove any and all content at any time for any or no reason whatsoever.
If any of the content that you post contains ideas, suggestions, documents, and/or proposals to us, we will have no obligation to keep such content confidential and we shall be entitled to use, exploit or disclose (or choose not to use or disclose) such content at our sole discretion without any obligation from us to you whatsoever.
We may or may not review content, but we shall have the right (but not the obligation) in our sole discretion to review, reject, modify and/or remove any and all content at any time for any or no reason whatsoever.
6.1. Your Content
You hereby grant us a royalty-free, irrevocable, sub-licensable, non-exclusive, and perpetual license throughout the universe to reproduce, adapt, distribute, publicly display, publicly perform, use and exploit all content that you post. You also waive all moral rights to any or all content that you post.
6.2. Our Content
Some of what Store Hours contains is our intellectual property (i.e., material we created, purchased or licensed). Our intellectual property may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our intellectual property and Store Hours. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce and display our content (excluding our software code) solely for your personal use in connection with using Store Hours. This license is conditioned on your compliance with these Terms.
7. Claims of Copyright Infringement
If you have a good faith belief that your copyright is being infringed by any material on Store Hours, please send a Notice of Claimed Infringement, including the information listed below, to Company's Designated Copyright Agent:
Store Hours Copyright Agent
9973 Durant Dr., Suite 4
Beverly Hills, CA 90212
legal@storehours.com
We have instituted a policy designed to enable, at our sole discretion, the expeditious removal of infringing material and the termination of accounts and/or access of users who qualify as repeat infringers. A Notice of Claimed Infringement must include all of the following:
Store Hours Copyright Agent
9973 Durant Dr., Suite 4
Beverly Hills, CA 90212
legal@storehours.com
We have instituted a policy designed to enable, at our sole discretion, the expeditious removal of infringing material and the termination of accounts and/or access of users who qualify as repeat infringers. A Notice of Claimed Infringement must include all of the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- an 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 us to locate the material;
- sufficient contact information about you to permit us to contact you, such as an address, telephone number, and, if available, an email address at which the you may be contacted.
- a statement that you have 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.
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Trademarks
"StoreHours", "StoreHours.com", and "Store Hours" is a service mark of Store Hours. All other trademarks, service marks and logos used on or through Store Hours are the trademarks, service marks or logos of their respective owners.
9. Indemnification
You will indemnify and hold us harmless from any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by any third party due to or arising out of content you post to
or through Store Hours, your use of Store Hours, your connection to Store Hours, your violation of these Terms, or your violation of any rights of another in connection with
these Terms. You will cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without our written consent.
10. Disclaimers
- YOU USE STORE HOURS AT YOUR SOLE RISK.
- WE PROVIDE STORE HOURS "AS IS" AND "AS AVAILABLE".
- WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
- WE MAKE NO WARRANTY THAT:
- STORE HOURS WILL MEET YOUR REQUIREMENTS;
- STORE HOURS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
- STORE HOURS RESULTS WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES OR MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH STORE HOURS WILL MEET YOUR EXPECTATIONS; OR
- STORE HOURS, ITS SERVERS, OR COMMUNICATIONS SENT FROM COMPANY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- NO INFORMATION OBTAINED BY YOU FROM COMPANY OR THROUGH STORE HOURS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11. Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY 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) RESULTING FROM:
- THE USE OR THE INABILITY TO USE STORE HOURS;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM STORE HOURS;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION;
- CLAIMS ARISING FROM ANY PARTIES FAILURE TO COMPLY WITH THESE OBLIGATIONS;
- INTERACTIONS WITH ADVERTISERS;
- REVIEWING, REMOVING, MODIFYING CONTENT;
- INACCURACY OF CONTENT;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON STORE HOURS; OR
- ANY OTHER MATTER RELATING TO STORE HOURS.
12. Jurisdictional Restrictions
IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY AND DISCLAIMERS RELATED TO WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO YOU.
13. Release
If you have a dispute with one or more users of Store Hours, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes.
You also waive California Civil Code §1542, which says:
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
You also waive California Civil Code §1542, which says:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code § 1542.
14. Governing law
These Terms and the relationship between you and us shall be governed by the laws of the State of California as an agreement wholly performed therein without regard to its conflict of law provisions.
14.1 Arbitration
Any dispute relating in any way to your use of Store Hours shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Company's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
14.2 Waiver to trial by jury
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF Store Hours. EACH PARTY ALSO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
14.3 Expiration of claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Store Hours or the Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
15. Termination
Either party may terminate these Terms for any or no reason at any time by notifying the other party. However, if you access Store Hours after terminating these Terms, you will acknowledge, agree and consent to the version of these Terms controlling at that time. Upon termination by either party, the following paragraphs will survive: 6, 9, 10, 11, 13, 14, 17
16. Definitions
- "We", "us", and "our" refer to Store Hours, LLC its successors, assigns, subsidiaries, affiliates, officers, employees, agents, partners and licensors/licensees.
- "Store Hours" means services, applications, and information we provided to you through any medium or device now known or later devised.
- "post" means upload, embed, post, put, transmit, or otherwise make available to us.
- "content" means information, personal information, data, or content of any kind, posted by you or another user to or through Store Hours.
- “personal information” means any personally identifiable information about you or non-personally identifiable information about you that is posted by you or collected by us.
17. Miscellaneous
- We may also offer other services that are governed by different separate agreements.
- These Terms constitute the entire agreement between you and us and govern your use of Store Hours.
- These Terms supersede any prior agreements between you and us with respect to Store Hours.
- You may be subject to additional terms and conditions when you use or purchase other services of ours or of a third-party.
- These Terms are fully assignable by us.
- Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
- Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- The headings in these Terms are for convenience only and have no legal or contractual effect.
- We will provide any notice to you at the email address you provide upon creating an account or by other reasonable means now known or hereafter devised. You will provide any notice to us at legal@storehours.com.