Welcome to Hurdex! The terms “we”, “us” and “our” refer to Hurdex. Hurdex operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Hurdex is powered by WooCommerce, enabling us to offer the Services to you.
The following terms and conditions, along with any policies referenced herein (these “Terms of Service” or “Terms”), explain your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and include sections such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to comply with these Terms of Service and our Privacy Policy. If you disagree with the Terms or Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Hurdex reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Hurdex confirms acceptance. We must receive and process your payment before the order is officially accepted. Please review your order carefully before submitting, as Hurdex may be unable to accommodate cancellation requests once the order is confirmed. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Your purchases are eligible for return or exchange only in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery timelines are estimates and not guaranteed. Delays caused by shipping carriers, customs, or events beyond our control are not our liability. Once we hand over the products to the carrier, ownership and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Hurdex, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting any license or rights to you under any patent, trademark, copyright, or other intellectual property of Hurdex, WooCommerce, or any third party. Unauthorized use of the Services may violate federal or state intellectual property laws. All rights not expressly granted are reserved by Hurdex.
Hurdex’s names, logos, product and service names, designs, and slogans are trademarks of Hurdex or its affiliates or licensors. These trademarks may not be used without prior written permission from Hurdex. The WooCommerce name, logo, product and service names, designs, and slogans are trademarks of WooCommerce. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 – RELATIONSHIP WITH WOOCOMMERCE

[NOTE TO MERCHANT: This section accurately characterizes WooCommerce’s relationship with your store and should not be removed or modified.]

Hurdex is powered by WooCommerce, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Hurdex. By using the Services, you acknowledge and agree that WooCommerce is not responsible for any aspect of any sales between you and Hurdex, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release WooCommerce and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Hurdex.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to WooCommerce Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by WooCommerce, WooCommerce collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with WooCommerce as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy policy for more details on how we, WooCommerce, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. This includes using the Feedback to operate, improve, evaluate, promote, and provide the Services, and to fulfill our rights and obligations under these Terms of Service.

You also represent and warrant that: (i) you own or have the necessary rights to the Feedback; (ii) you have disclosed any incentives or compensation received in connection with the Feedback; and (iii) your Feedback complies with these Terms. We are not obligated (1) to keep your Feedback confidential; (2) to pay compensation for it; or (3) to respond to it.

We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, find to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.

You agree not to submit Feedback that violates third-party rights, including copyright, trademark, privacy, or other proprietary rights. You further agree not to submit Feedback that is defamatory, unlawful, abusive, obscene, or that contains malware or viruses that could disrupt our Services or any related systems. You must not use a false email address, impersonate another person, or mislead us or others regarding the origin of your Feedback. You are solely responsible for the content and accuracy of any Feedback you provide. We take no responsibility and assume no liability for any Feedback submitted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm hurdex, WooCommerce or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or restrict your access to the Services (or any part thereof) at our sole discretion, at any time, and without prior notice. You will remain responsible for all outstanding amounts due up to and including the date of termination.

The following sections will continue to apply even after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that, by their nature, are intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility for any reliance placed on this material by you, any other user of the Services, or anyone who may be informed of its content.

EXCEPT AS EXPRESSLY STATED BY Hurdex, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND—EITHER EXPRESS OR IMPLIED—INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS MAY LIMIT OR DISALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL HURDEX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF WooCommerce AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Hurdex, WooCommerce, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims—including reasonable attorneys’ fees—incurred by any third party due to or arising from: (1) your breach of these Terms of Service or any referenced documents; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.

We will notify you of any claim for which indemnification is required. A delay in notification will not relieve your obligations unless it causes material prejudice. We may, at your expense, control the defense and settlement of such claims, including the selection of legal counsel. However, we will not agree to any settlement that imposes non-monetary obligations on you without your consent (which will not be unreasonably withheld). You agree to cooperate with us in the defense of any indemnified claims by providing all necessary documentation and support.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the jurisdiction where Hurdex is headquartered. You and Hurdex consent to the exclusive jurisdiction and venue of the federal and state or territorial courts located in that jurisdiction.

SECTION 22 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to review the website periodically for any changes. We will notify you of material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes your acceptance of those changes.