These Terms and Conditions were updated on October 8, 2018.
These terms and conditions (“Terms and Conditions”) located at www.hesstoytruck.com govern your access to, and use of, the Hess toy truck websites, mobile applications, and/or other services and applications that link to these Terms and Conditions, including Hess social media pages on Facebook, Twitter and other platforms (collectively and individually, the “Website” or “website”), including, without limitation, the Hess Toy Truck online store portion of the Website (located at https://hesstoytruck.com/) (the “Online Store”) and constitute an agreement between you and Hess Corporation (Hess Corporation, together with its affiliates, may be referred to herein, as “Hess” “we” or “us” and/or other correlative terms).
1. Products, Content and Specifications: Hess may from time to time offer for sale and sell certain products and/or services on the Website, but the inclusion of any products or services on the Online Store or elsewhere on the Website at a particular time does not imply, represent or warrant that any of these products or services, if any, will be in stock or otherwise available at any time. All features, content, specifications, products and prices of any products or services described, depicted or otherwise contained on the Online Store or elsewhere on the Website are subject to change at any time without notice. We also reserve the right, as we may determine in our sole discretion and without prior notice or any other obligation, to limit the quantity of products that may be purchased by an individual on the Online Store and/or elsewhere on the Website and/or to refuse service to any customer that has not or does not comply with these Terms and Conditions. We are not responsible for, and will not honor, any prices specified on any third party websites or elsewhere for any such services or products. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including, without limitation, minimum age requirements) in connection with the use of the Website, including, without limitation, the Online Store and in connection with any purchase of any product or service, including, without limitation, the provision of any information in connection with such purchase and with respect to the possession, use and sale of anything purchased from the Website. By placing an order on the Website, you hereby represent and agree that any products or services ordered on the Website are being purchased, and will be used, only in a lawful manner and for private non-commercial uses and may not be used for any public or other commercial purposes (including, without limitation, for any commercial resale or promotion) and will not be reproduced in any form, manner or medium (whether now or hereafter existing) without our express written consent.
Without limiting the generality of the foregoing, due to limited supply, the purchase of Hess Toy Trucks via the Website and the Online Store is limited to 12 trucks per customer or address unless otherwise stated. Any attempt to exceed this quantity, for example by making multiple orders, by making minor modifications to your name or address, or by ordering under multiple names at a single address, or similar, is a material breach of these Terms and Conditions. In the event of such breach, we may exercise any or all of the following remedies: (i) cancel your order in whole or in part; (ii) require you to return any excess products at your own expense (by deducting cost or estimated cost of the return from any refund due); (iii) charge a processing fee of $9.99 for each cancelled and/or returned product (by deducting from any refund due); (iv) terminate or suspend your account or your access to the Websites; and (v) exercise any other remedies available to us at equity or at law.
2. Shipping Limitations: When an order for any product is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with any shipping restrictions contained on the purchase form on the Website and as may be required or otherwise specified by our shipping partners. All purchases from the Online Store are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. Address Validation: Use of a verified suggested address is intended to increase the likelihood of successful delivery, but will not guarantee successful delivery to your address. While we may choose to assist you in replacing an undelivered order when address validation is used, we will not replace or assist in replacement of any order when you choose not to use a verified suggested address. Signature Required Shipment: Use of signature required shipping is intended to increase the likelihood of successful delivery and avoid delivery package theft. While we may choose to assist you in replacing a shipment that was delivered but not received by you, we will not replace or assist in replacing any shipment that carrier has identified as delivered if the recommendation to use signature required shipping was declined.
3. Accuracy of Information; Modifications; Order Confirmation and Cancellation: For any order placed on our website, once submitted the order is final and cannot be cancelled or modified by you in any way, including quantity ordered nor shipping destination. We make no representation as to the completeness, timeliness or other accuracy of any information on the Online Store or elsewhere on the Website and regardless of any efforts to avoid such inaccuracies, information on the Website may at times be incomplete, out of date and/or otherwise inaccurate, including, without limitation, with respect to product prices and/or availability of products on the Online Store. If any product purchased from the Website is not as described on the Website, your sole remedy is to return it to us in an unused condition. We are not responsible for, and will not honor, any price inaccuracies for, or other inaccuracies with respect to, any services or products offered for sale on the Website or any prices specified on any third party websites or elsewhere for any such services or products. In addition, we may make changes at any time to pricing and information regarding products and services, including, without limitation, with respect to availability and quantity limitations, as well as other information and content included on the Website at any time in our sole discretion without notice. While we may confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product. The shipment of the product to you constitutes our acceptance of an order. We may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of the Website; Website Material: The design of the Website and all materials, text, graphics, video, audio, information and other content displayed or otherwise used on or contained in, or that can be downloaded from, the Website (collectively, “Website Material”) are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Website Material. You may not in any way modify, reproduce, publicly display, perform, distribute, create derivative works of, or otherwise use or exploit, in any form, manner or medium (whether now or hereafter existing), any Website Material, including, without limitation, for any public or commercial purpose. In addition to violating these Terms and Conditions, any unauthorized use of any Website Material may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations.
5. Trademarks and Other Intellectual Property: Certain trademarks, service marks, trade names, logos, slogans and trade dress, and certain works and other intellectual property, regardless of whether or not registered, that are or have been displayed or otherwise used on or contained in, or that can be downloaded from, the Website (collectively, “Website IP”) are, as between you, on the one hand, and Hess Corporation and its affiliates, on the other hand, owned by Hess Corporation and/or its affiliates. Nothing contained on the Website grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trademarks, service marks, trade names, logos, slogans, works or other Website IP or any other Website Material, or to reproduce in any form, manner or medium (whether now or hereafter existing) or create any derivative works of any of the foregoing without the prior written permission of the Hess Corporation pursuant to a written license agreement (which permission may be withheld for any reason in our sole discretion).
6. Third Party Links: From time to time, the Website may contain links to websites that are not owned, operated or controlled by Hess Corporation of any of its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any materials, information or other content located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any materials, information or other content located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
8. Idea and Other Submissions: From time to time, in addition to User Communications, we and/or our affiliates, including, without limitation, through our respective employees and other representatives, from time to time receive unsolicited submissions of proposals, designs, suggestions, concepts, improvements and other ideas, materials and information for, or otherwise with respect to, Hess Toy Trucks and other products as well as other idea submissions (collectively, and together with all solicited and unsolicited ideas or other submissions, and regardless of the form or medium, “Submissions”). All Submissions will be considered non-confidential and non-proprietary (regardless of whether you may mark them as “confidential” or “proprietary” or otherwise). You hereby represent and warrant that your Submissions are original to you, do not infringe or otherwise violate any other person’s or entity’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory or otherwise unlawful, that no other person or entity has any rights thereto, and that any “moral rights” in your Submissions have been waived, and by providing any Submission to Hess Corporation or any of our affiliates or any of our respective employees or other representatives, regardless of the form, manner or medium that you make any such Submission (e.g., through the Website, including, without limitation, any other website or Facebook or any other social media accounts of, or by email, mail or any other manner to, Hess Corporation or any of its affiliates or otherwise), such Submission shall become the property of Hess Corporation upon receipt. You hereby acknowledge and agree that you are not entitled to any payment or other compensation, or any kind of attribution or acknowledgment of any kind whatsoever for any Submission and that neither Hess Corporation nor any of its affiliates has any obligations to you with respect to any Submissions (including, without limitation, any obligation to use, monitor, review, return, acknowledge or respond to any Submission you may provide to us or our affiliates). Without limiting the generality of the foregoing, by making any Submission, you hereby irrevocably assign, in perpetuity and throughout the universe, all right, title and interest in and to such Submission to Hess Corporation, free and clear of any payment or other obligations to you or any other person or entity and all other encumbrances, restrictions and other limitations. You hereby further acknowledge and agree that if you make a Submission you are making such Submission with the full knowledge and acceptance of these Terms and Conditions set forth on the Website, and regardless of what any terms or other statements you may make or otherwise include in any letter, email, posting or other User Communications may state. Our receipt of any of your Submission(s) is not an admission that your Submission is original, novel or otherwise protectable under any applicable laws or that you otherwise have any proprietary or other protectable right, title or interest in or to any such Submission and does not create any contractual, special or other relationship between you, on the one hand, and Hess Corporation or any of our affiliates, on the other hand or impose any duty or other obligation on Hess Corporation or any of our affiliates.
9. Indemnification: You hereby agree to defend, indemnify, and hold harmless Hess Corporation and its affiliates, and its and their respective employees, contractors, officers and directors from any and all liabilities, claims, and expenses, including, without limitation, attorney’s fees and costs, that arise from your violation of these Terms and Conditions or any use or misuse of the Website, including, without limitation, with respect to Website Material, Website IP, and any User Communications or Submissions submitted by you, and the violation of any intellectual property or other third party rights in connection therewith. Hess Corporation hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Hess Corporation and/or its designee in asserting any available defenses.
10. DISCLAIMERS: YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE ONLINE STORE, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE, ON BEHALF OF OURSELVES AND OUR AFFILIATES, HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HESS CORPORATION, NOR ANY OF ITS AFFILIATES WARRANT THE COMPLETENESS OR ACCURACY OF ANY OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER HESS CORPORATION NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE, ON BEHALF OF OURSELVES AND OUR AFFILIATES, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED, OFFERED FOR SALE OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, INCLUDING WITHOUT LIMITATION, THE ONLINE STORE OR ANY CONTENT OR OTHER WEBSITE MATERIAL OR ANY OTHER MATERIALS, INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, YOU HEREBY AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE ONLINE STORE). IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCT (INCLUDING DELIVERY OF THE PRODUCT) THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU HEREBY AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A REPLACEMENT FOR SUCH PRODUCT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS AND THE EXCHANGE POLICY LOCATED AT RETURN AND EXCHANGE POLICY. IN ACCORDANCE WITH YOUR AGREEMENT TO ACCEPT REPLACEMENT AS YOUR SOLE REMEDY, YOU AGREE NOT TO USE ANY CREDIT CARD OR PAYMENT SYSTEM PROTEST OR CHARGE BACK MECHANISM TO AVOID SUCH REMEDY.
12. Revisions to these Terms and Conditions: These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Website. The most current version of these Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web page on www.hesstoytruck.com.
13. Choice of Law; Jurisdiction: These Terms and Conditions supersede any other agreement between you and Hess Corporation to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to these Terms and Conditions or the Website will be brought only in the courts of the State of New York. By using the Website, you hereby agree with and consent to the jurisdiction of the courts in the State of New York, and agree not to challenge venue in those courts.
14. Termination: You or we may suspend or terminate your account or your use of the Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination, including, without limitation, with respect to any purchases on the Online Store. We reserve the right to change, suspend or discontinue any or all aspects of the Website at any time without notice.
15. Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at email@example.com.
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