HURLEY.COM GIVING TUESDAY DONATION TO "MOORE ALOHA FOUNDATION" TERMS AND CONDITIONS
Tuesday, November 30, 2021These consumer terms of service (“Terms”) are between Hurley, Incorporated ("Hurley", “we”, “our”, and “us”) and you (“you” and “your”) and govern your purchase (“Purchase”) that supports the Moore Aloha Foundation a 501C3 non-profit and is effective the date you purchase on Hurley.com.
By making a purchase on Hurley.com you agree to these Terms and Conditions.
Donation. Hurley will donate a portion of Proceeds from each sale to the Moore Aloha Foundation ("Donation"). Proceeds shall be defined as the net revenue after deducting all costs for all purchased products -- which include but are not limited to discounts, shipping, taxes, third-party service fees, production costs, marketing expenses, and royalties. Hurley shall limit donations to no more than Five-Thousand Dollars ($5,000).
Any portion of your purchase paid for with coupons, store credit, online currency, gift certificates, loyalty points, rewards points and/or purchases made with other companies displayed on a participating retailer’s website will be excluded from the portion of the sale subject to a Donation.
Errors, Inaccuracies and Omissions. In the event there are any typographical errors, inaccuracies, and/or omissions, we reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
Indemnification. You agree to indemnify, defend and hold Hurley, Inc. and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of Hurley.com; (ii) your violation of any law and/or the rights of a third party; and/or (iii) fraud you commit and/or your intentional misconduct and/or negligence.
Limitation of Liability.
YOUR ACCESS TO AND/OR USE OF HURLEY.COM
IS AT YOUR OWN RISK. HURLEY'S TOTAL AND CUMULATIVE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF AND/OR IN CONNECTION WITH THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT OF THE DONATION. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HURLEY, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF HURLEY.COM
, YOUR INABILITY TO ACCESS HURLEY.COM
AND/OR INFORMATION AND/OR LINKS ON HURLEY.COM
, INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF HURLEY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
YOU HEREBY AGREE TO RELEASE HURLEY, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF HURLEY.COM
. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
. We want to address your concerns without filing a formal legal case. Before filing a claim against Hurley, you agree to try to resolve the dispute informally by sending a letter to us describing your claim to: Branded Online, Attn: Legal Department, 1775 Flight Way, Irvine, California 92606. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or Hurley agree to resolve any claims related to these Terms through final and binding arbitration. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions”) between you and Hurley or Hurley employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except for any claims that you or Hurley may take claims to small claims court if the dispute qualifies for hearing by such a court. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.Arbitration Procedures
. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association, and shall be administered by the Judicial Arbitration and Mediation Service (“JAMS”) under its rules. JAMS’ rules are available at https://www.jamsadr.com
or by calling 1.800.352.5267. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Orange County, California or any other location we agree to. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You and Hurley must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (c) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. Exceptions to Agreement to Arbitrate
. Either you and/or Hurley may assert claims, if they qualify, in small claims court in Orange County, California. Hurley may bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the Services and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.Waiver
. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, HURLEY AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.