Terms & Conditions

Effective Date: 9/9/20
Last Updated: 9/9/20

 

HONOR CODE | WWW.THEHONORCODE.ORG
TERMS AND CONDITIONS OF USE

 

Welcome to www.TheHonorCode.org (“Website”), a web domain owned and operated by Honor Code ("Company," "we", "us", or "our"). In addition to the Content (defined below) offered on our Website, this Website provides you with various shopping, e-commerce and community opportunities (collectively, the “Services”). In offering the Website free of charge, you hereby represent that Honor Code has provided valuable and sufficient consideration, and in exchange for such consideration, you hereby represent that: (a) you have read, understand, and agree to be bound by these Terms and Conditions of Use, our Privacy Policy (available click here), and any other legal notices/documents (including Return policy, available click here) posted on the Website (collectively, the “Terms and Conditions” or “Terms”), all of which are expressly made a part hereof and incorporated herein by this reference; and, (b) you are of legal age and have the authority to be bound by the same. If you do not agree to these Terms, please do not use this Website. We reserve the right to modify or amend the Terms from time to time without notice (the last update indicated above), and your continued use of our Website constitutes your acceptance thereof.

These terms include an agreement to submit claims exclusively to individual (non-class) arbitration. See below.

  1. COPYRIGHT AND OWNERSHIP

All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, logos, names, catch-phrases, moving images, sound, and illustrations (“Content”), is owned or lawfully licensed by Company, its licensors, vendors, agents and/or its content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents found on our Website for personal, informational, and noncommercial purposes only. You may also create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray Company in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain adult, illegal, offensive, harassing or otherwise objectionable material. This limited right may be revoked at any time and any other use of any of our Content on any other website or networked computer environment is strictly prohibited. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, reverse-engineer, publish, license, create derivative works from, transfer or sell any information or work contained on the Website except as provided herein. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors. You will not remove any copyright, trademark or proprietary notice from material found on the Website.

  1. PRODUCTS, CONTENT, AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. All multimedia material and similar products sold (if and when such products are made available) are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. 

  1. PROCESSING, PRINTING AND SHIPPING LIMITATIONS

When an order is placed on the Website, it will be processed via www.Shopify.com. It will then be fulfilled (printed and shipped) by www.Printful.com (“Printful”) using an address designated by the purchaser as long as that shipping address is compliant with the applicable restrictions. Please note that there is a no refund, no return, no exchange policy for all products ordered, purchased, and fulfilled via the Website, and that all sales are final. As such, you hereby assume all risk and responsibility related to the accuracy of your orders (the accurate usage of sizing charts, etc.) and assume all risk in connection with inaccurate estimation of apparel size (or the resulting fit). Where defective, damaged, and lost merchandise is concerned, you hereby agree to address the return and exchange of the same with Printful directly, pursuant to its Return Policy (https://www.printful.com/policies/returns), and hereby release Company from any claims related thereto. All risk and responsibility of improper processing of orders and that of loss and title for items purchased from this Website passes to you upon the processing of any orders. You agree to file any related claims with the above vendors directly as your sole available remedy in the event of such occurrence. Shopify may be contacted at https://www.shopify.com/contact, and Printful at https://www.printful.com/contacts.

  1. ACCURACY OF INFORMATION

We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy or currency of any information on this Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to 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 or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any user/consumer. We also may require verification of information prior to the acceptance and/or shipment of any order.

  1. THIRD PARTY LINKS

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates guarantee, make representations regarding, endorse or are responsible for any content, materials or information located on or accessible from any other website. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

  1. UNAUTHORIZED USE OF COMPUTER SYSTEM

You are prohibited from posting on the Website or sending through the Website, any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of the Website or the Website or through voice computer systems is expressly prohibited by these Terms. Any such unauthorized use of our computer systems is a violation of these Terms and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of any such offender.

  1. ACCOUNT SECURITY

You are entirely responsible for the security and confidentiality of your password and user (consumer) account (if applicable). Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website.

  1. USER GENERATED CONTENT- INFORMATION CONTROL

All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) do not represent the views of Company or any individual associated with Company, and we do not control this User Generated Content. In no event shall you represent or suggest, directly or indirectly, Company endorsement of User Generated Content. Company does not vouch for the accuracy or credibility of any User Generated Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Generated Content on our Website. Through your use of the Website and Services, you may be exposed to User Generated Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks. By uploading, posting or submitting User Generated Content, you hereby represent that the information therein is accurate, not misleading or harmful, and that it does not and will not violate these Terms, any applicable law, or third-party right. You hereby agree that no such User Generated Content shall be offensive, objectionable, harmful, inaccurate, inflammatory, hateful, abusive, harassing, obscene, indecent, pornographic, discrimination-based or promote any illegal activity. Company maintains the right to remove any User Generated Content posted by you or other users for any or no reason in its sole discretion, and, to take appropriate legal action to enforce the Terms hereof.

  1. USER GENERATED CONTENT- YOUR LICENSE TO US

User Generated Content remains the intellectual property of the individual user. By posting User Generated Content on our Website, however, you grant Company a non-exclusive, perpetual, irrevocable, payment/royalty-free, worldwide, fully sub-licensable right, with respect to all copyrights, personality rights and lawfully obtained third-party rights therein, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, for any purpose whatsoever at Company’s sole discretion, such User Generated Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

  1. FEES

For all charges for any products and services sold on the Website, either Company or its affiliates will bill your credit card or specified alternative payment method. In the event legal action is necessary to collect on balances due, you agree to reimburse Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

  1. ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

  1. FORCE MAJEURE

Company shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God (including global epidemic/pandemic), war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers. 

  1. PRIVACY

Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy here.

  1. DISCLAIMER

Except as prohibited by applicable law, the Content, Services, information, materials, and products listed, sold and/or purchased on or through this Website are provided “as is” without any warranties (express or implied) of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither Company, nor any of its affiliates (i) warrants the accuracy, completeness or fitness of the Content, Services, information, materials or products provided on or through the Website or (ii) or assumes any duty to update the same. If you rely on any data or information obtained through our Website, you do so at your own risk and are solely responsible for the results thereof.

Neither Company, nor any of its respective affiliates, warrants that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components.

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 Act.

  1. LIMITATION OF LIABILITY

You agree that our sole obligation to you is to provide the Website “as is.” To the fullest extent permitted by applicable law, neither Company nor any of its contractors, employees, officers, directors, agents or any other party involved in creating, producing or delivering the Website shall be liable to you or to any third party for any direct, indirect, special, incidental, punitive or consequential damages of any kind (including but not limited to, loss of revenue/income/profits, personal injury/pain and suffering, loss of use, business interruption, breach of contract) in connection with the use of, or the inability to use, the Website or any websites linked hereto. You hereby release said parties from any legal claims regarding the same. If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor.”

In the event of any problem with this Website or Content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, shall be sought directly from the order processor, manufacturer/printer, and/or distribution/fulfillment center of such products or supplier of such services (namely, www.Shopify.com and www.Printful.com) , in accordance with such manufacturer's or supplier's warranty, and to seek a return/refund for such product or services in accordance with the returns and refunds policies posted on their websites. In no event shall Company’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the lesser of (a) fifty dollars ($50.00) or (b) the value of your purchase on the Website.

  1. INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all actual or alleged claims or third party claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) of any kind and nature whatsoever whether known or unknown, whether or not related to any violation of these Terms by you or your authorized users, in connection with the use of the Website or the Internet, your purchases or the placement or transmission of any message or information on this Website by you or your authorized users, or your violation of any law or the rights of a third party.

  1. RELEASE

You hereby release Company and its officers, directors, agents, subsidiaries, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your interaction with Company, its agents, assigns, or affiliates, the actions or omissions of the same, this Website and all users hereof.

  1. TERMINATION

You or we may suspend or terminate your user (consumer) account or use of this 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. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us. If we suspend or terminate your use of the Website, you agree not to re-register with or access the same through use of a different member name, credentials or otherwise

  1. WEBSITE DISPUTES

“Website Disputes” include: (a) any claim you may have against Company in connection with the Website, Content, or Services; (b) any claim Company may have against you in connection with the Website, Content or Services; and, (c) any action to enforce the Terms or any action to object to the same. All other disputes are Non-Website Disputes.

  1. WEBSITE DISPUTE RESOLUTION- ARBITRATION, JURY TRIAL AND CLASS ACTION WAIVER

Neither you nor we will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual, non-class arbitration. Your continued use of the Website indicates your acceptance of the same. You and Company intend for this to be an agreement for arbitration that can be enforced under the Federal Arbitration Act (FAA), 9 U.S.C.A. §§ 1–16. You and Company waive any other available resolution processes for Website Disputes, such as a court action or trial (with or without a jury) and administrative proceedings. The rules in arbitration are different. There’s no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Terms as a court would.

Any Website Dispute shall be determined by arbitration in Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-streamlined-arbitration/. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. If for any reason, JAMS cannot or will not provide this arbitration, the parties may ask any court of competent jurisdiction to select an arbitrator from a list provided by the parties.

To the extent a party commences any action which includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall be stayed until the Website Disputes are fully arbitrated. Then, any Non-Website Disputes will be considered by any court of competent jurisdiction. You agree that you will not file a class action or seek a class arbitration, or participate in a class action or class action arbitration against Company and its affiliates, in any Website Dispute.

  1. LIMITATION ON TIME TO FILE CLAIMS

You hereby agree that any cause of action or claim that you may have arising out of these Terms, the Website, the Content, Services, or any products ordered/purchased therefrom must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently time-barred.

  1. GENERAL

Any claim relating to this Website, and the use of this Website, the Content, and the Services is governed by the laws of the State of Florida, U.S.A. You consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida USA. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that the Terms may be assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent breaches. Sections 9, 11, 15, 16 and 17 shall survive the termination/expiration hereof. The Terms constitutes the entire agreement between the you and Company and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the Terms or other policies referred to herein, or, if you have any questions, please email at TheHonorCodeOrg@Gmail.com.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE

In operating the Website, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party Websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (please see 17 U.S.C. § 512(c)(3) for the requirements). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Michael Epstein, Esq. and can be contacted via email at MEpsteinLaw@Gmail.com. Provide the below notice with the subject heading, “Honor Code: DMCA Notice”:

In the body of said notice, please: identify the copyrighted work or other intellectual property that you claim has been infringed; identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Website; provide a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; provide your address, telephone number, and email address; and provide your physical or electronic signature.

  1. COPYRIGHT AND TRADEMARKS NOTICE

All Website design, graphics, text selections, arrangements, and all software are Copyright © 2020 Honor Code. All trademarks, service marks and trade names of Company used herein (including but not limited to: the Honor Code name and corporate logo) (collectively “Marks”) are trademarks of Honor Code. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify said Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Company’s prior written consent. The use of our Marks on any other website or network computer environment is not allowed.