TERMS OF USE
By visiting www.HootInTheHole.com you signify your agreement to the Terms of Use of Hoot In The Hole, LLC (“Hoot In The Hole”). If you do not wish to be bound by the terms of use, please do not use, visit or browse Hoot In The Hole’s website.
Applicability
This website is controlled and owned by Hoot In The Hole and is intended to be useful and entertaining to its users as well as to promote projects, motion pictures, products and programs. This website is controlled and run by Hoot In The Hole from its offices in the State of California. We make no representation that the materials and content of this site are appropriate or available for use outside the United States. Visitors from outside the United States are responsible for compliance with all applicable local laws.
Intellectual Property
All content and materials featured on this site are protected by copyrights, trademarks, service marks, trade secrets and/or other proprietary laws. All word marks, names, texts, logos, trademarks, service marks, copyrights, images, button icons, digital downloads, clips, photographs, illustrations, biographies, synopses (collectively “IP Materials”) are either owned by Hoot In The Hole or licensed to Hoot In The Hole. The compilation of all the content on Hoot In The Hole’s website is the exclusive property of Hoot In The Hole or its content providers and is protected by US and international copyright laws. All software used on this site is the exclusive property of Hoot In The Hole or its software providers and is protected by U.S. and international copyright laws. “Hoot In The Hole,” “Hoot In The Hole” and other marks appearing on Hoot In The Hole’s website are copyrights and/or trademarks owned by or licensed to Hoot In The Hole. The IP Materials may not be used on any other products or in any manner without express written consent.
Notwithstanding the foregoing, you may view and use one copy of the material on Hoot In The Hole’s website on any single computer for your personal and non-commercial purposes only provided that you keep all copyright and other proprietary notices intact. You may not disseminate, reproduce or modify the IP Materials without the express consent of the intellectual property rights owners. If you want to reproduce the materials for commercial purposes, contact Hoot In The Hole to negotiate a license. You may not attempt to circumvent the security, modify or change any of the content on Hoot In The Hole’s website.
Third-Party Website Links
This website may provide links to related and independent third-party websites for your convenience, including websites run by Hoot In The Hole’s affiliates and sponsors. Hoot In The Hole is not in control nor responsible for the content and material featured on any third-party website. Hoot In The Hole does not review the content of the third-party websites and the inclusion of a link does not imply endorsement of the website. You access other sites at your own risk and you should review their Terms of Use and Privacy Policies.
User Submissions, Conduct & Grant of Limited License
You will use Hoot In The Hole’s website and all of its contents for lawful purposes and at your own risk. You assume full responsibility and liability for all claims arising from your use. You agree that your access to any Hoot In The Hole-sponsored areas (message boards, bulletin boards, chat rooms, surveys, etc.) and the like where visitors may post reviews, comments, upload, post or submit suggestions, ideas, notes, advice, concepts, techniques or other information will be lawful. You represent and warrant that you own or otherwise control all of the rights to the content you post, that the content is original, accurate and will not infringe, injure or violate any rights of any third party (person or entity) and that it will not be obscene, vulgar, offensive, pornographic, threatening, defamatory, invasive of privacy and further will be free of any software containing viruses, worms, Trojan horse(s), or other computer codes that may disrupt or corrupt Hoot In The Hole’s software or services, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam.” You may not collect or store personal information regarding other users without their express permission. You will not impersonate any other person while using Hoot In The Hole’s website nor provide us with a false email address. Hoot In The Hole reserves the right to monitor and remove content from its site without notice.
All submissions to Hoot In The Hole will become the property of Hoot In The Hole and may be used by Hoot In The Hole and its affiliates without notice or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, modifying or improving Hoot In The Hole’s website and materials. By your submission you grant Hoot In The Hole, its affiliates, community partners and assignees a royalty-free, perpetual, irrevocable, non-exclusive license to use such material for any type and kind of use whatsoever in any media now known or hereafter devised. Further, you authorize Hoot In The Hole to use your name in connection with the material you provide.
Transactions
During your visit to Hoot In The Hole’s website you may elect to engage in a transaction involving the purchase of products, print or online advertisement or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are handled by a third-party processing merchant vendor, agent, bank or distribution institution. While in most cases transactions are completed without difficulty, we cannot guarantee “perfect security” on the Internet or offline and we are not responsible for the success or security of transactions processed by third parties.
Information on this website may change without notice and may contain inaccuracies or typographical errors including errors in prices. On occasion, a product or service may be offered on a first-come, first-served basis, may not be available at the time or at the price as it appears in an advertisement, and may change due to information received from our advertisers or suppliers. Hoot In The Hole is not responsible for such errors or discrepancies.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF HOOT IN THE HOLE’S WEBSITE, ITS CONTENT AND ANY PRODUCTS OR SERVICES PURCHASED VIA HOOT IN THE HOLE IS SOLEY AT YOUR OWN RISK. ALL MATERIALS, CONTENT, PRODUCTS AND SERVICES OFFERED AND PROVIDED BY HOOT IN THE HOLE VIA HOOT IN THE HOLE’S WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HOOT IN THE HOLE DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOOT IN THE HOLE, ITS MANAGERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, COMMUNITY PARTNERS, FULFILLMENT COMPANY, VENDORS, LICENSEES NOR ANY PERSON/ENTITY INVOLVED WITH THE CREATION, PRODUCTION AND DISTRIBUTION OF HOOT IN THE HOLE’S WEBSITE AND PRODUCTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN HOOT IN THE HOLE’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND HOOT IN THE HOLE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES OR OTHER CONTENT OF HOOT IN THE HOLE’S WEBSITE. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
HOOT IN THE HOLE DOES NOT ENDORSE ANY MATERIAL, INFORMATION, CONTENT OR OPINIONS INCLUDED AND/OR EXPRESSED BY THE USERS OF HOOT IN THE HOLE’S WEBSITE ON ANY BULLETIN BOARDS, CHAT AREAS OR OTHER FORUMS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH MATERIAL, INFORMATION OR OPINIONS. HOOT IN THE HOLE RESERVES THE RIGHT TO, AT ITS SOLE DISCRETION, REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME ALTHOUGH HOOT IN THE HOLE IS UNDER NO OBLIGATION TO MONITOR OR REVIEW THE USER’S CONTENT.
THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.
Corrections
While we make every effort to ensure the accuracy of product and price information, errors do occasionally occur. We reserve the right to correct any errors or inaccuracies at any time. We apologize for any inconvenience this may cause.
If you are not completely satisfied with your purchase, you may return it within 45 days of purchase for a refund, less shipping costs and a $5.00 restocking fee.
Prices
The prices on the site will not necessarily match prices in Hoot In The Hole’s catalogs or retail outlets. The prices on the site are valid only on the site and cannot be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.
Risk of Loss
All items purchased from Hoot In The Hole are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Limitation of Liability
HOOT IN THE HOLE, ITS MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES/COMMUNITY PARTNERS, VENDORS, ETC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR OTHER LINKED WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE EVEN IF HOOT IN THE HOLE HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF DAMAGE.
THE ABOVE WILL APPLY TO THE EXTENT PERMISSIBLE BY LAW.
Indemnification
You will indemnify HOOT IN THE HOLE, its managers, officers, directors, shareholders, members, employees and assigns and its affiliated and subsidiary companies, affiliates, community partners, agents, vendors, licensees and each of its successors, licensees, heirs, and assignees of each from and against any and all claims, losses, damages (including reasonable attorney’s fees) constituting and arising out of a breach of any of the provisions of these Terms of Use, including, without limitation, your placement or transmission of any content onto HOOT IN THE HOLE’s servers and/or from any and all use of HOOT IN THE HOLE’s website.
If we believe that at any time you have violated any of these Terms of Use we may terminate your access to Hoot In The Hole’s website.
Governing Laws
These terms of use shall be governed and construed by the laws of the State of California. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision. Any disputes should first be brought to the attention of Hoot In The Hole. If resolution is not reached, these may be submitted for arbitration in the State of California.
Changes
Please check the Terms of Use periodically for changes. The Terms are subject to change at any time without notice and your continued use of this site following the posting of any changes constitutes acceptance of the changes. The terms of the current version will supersede any prior versions.
Hoot In The Hole’s Terms of Use were updated on October 16, 2008.
