Terms of service

Last Updated July 28, 2020
This website is operated by hmptns inc. Throughout the site, the terms “we”, “us” and “our” refer to hmptns inc. hmptns inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

WHEN YOU PURCHASE A PRODUCT FROM THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE WEBSITE TERMS. IF YOU DO NOT AGREE TO THE WEBSITE TERMS OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THE WEBSITE TERMS, YOU SHOULD STOP USING THE WEBSITE, TERMINATE YOUR ACCOUNT AND DISCONTINUE PURCHASING PRODUCTS FROM THE WEBSITE.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Any new features or tools which are added to the website shall also be subject to the 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

Our privacy policy, which sets out how we will use your information can be found here. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

GENERAL CONDITIONS 
We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. 

INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the рrореrtу of www.hmptns.co or its licensors and is protected by copyright laws and treaties around the world. All such rights are reserved by www.hmptns.co and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

TERMS OF ONLINE SALES
•By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and соnfіrmаtіоn of the order price.

•Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In оrdеr tо соntrасt wіth www.hmptns.co, уоu must be 18 years оf age or older and роѕѕеѕѕ a valid credit or debit саrd іѕѕuеd bу a bаnk acceptable to us. We rеtаіn thе right tо rеfuѕе аnу rеquеѕt mаdе bу уоu. If уоur оrdеr is accepted, we will іnfоrm you by еmаіl аnd wе wіll соnfіrm thе іdеntіtу оf the раrtу with whісh уоu have contracted. Thіѕ will usually bе www.hmptns.co оr may іn ѕоmе саѕеѕ bе a third раrtу. Where a contract іѕ mаdе wіth a thіrd раrtу, www.hmptns.co іѕ nоt асtіng as either аgеnt оr рrіnсіраl аnd the соntrасt іѕ mаdе between yourself аnd thаt third party аnd will bе ѕubjесt to thе terms оf sale whісh thеу ѕuррlу уоu. When рlасіng an оrdеr уоu undеrtаkе thаt аll details уоu provide to uѕ аrе truе and accurate, thаt you аrе аn authorized user оf the сrеdіt or debit саrd uѕеd to place уоur order, аnd thаt thеrе are sufficient fundѕ tо cover thе соѕt оf the gооdѕ. Thе cost of foreign рrоduсtѕ аnd ѕеrvісеѕ mау fluctuate. All рrісеѕ аdvеrtіѕеd аrе ѕubjесt to ѕuсh сhаngеѕ.

(a) Our Cоntrасt
When you place an order, you will receive an асknоwlеdgеmеnt e-mail confirming receipt of your order: this email will only be an асknоwlеdgеmеnt and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
While we try to ensure that all details, descriptions, and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as canceled. If you cancel and you have already paid for the goods. you will receive a full refund. Expedited delivery costs where available and applicable will be charged in addition and such additional charges are clearly displayed where applicable and included in the Total Cost;.

(c) Payment
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 
We are not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

Any statements on this site or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the ingredients in any of the products available on the site have been approved or endorsed by the FDA or any regulatory agency. The products on the site are not intended to diagnose, treat, cure or prevent any disease. The information on the site or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking medication or have a medical condition, we suggest consulting with a physician before using any of our products.

MODIFICATIONS TO PRODUCTS AND PRICES 
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any product without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Product. 

LIMITATIONS ON PRODUCTS
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. 

ACCURACY OF BILLING AND ACCOUNT INFORMATION 
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  For more detail, please review our Returns Policy. 

THIRD PARTY LINKS 
Certain content, products and services available via our website may include materials from third parties. 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with 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 should be directed to the third party. 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

ERRORS, INACCURACIES AND OMISSIONS 
Occasionally there may be information on our site or in the website that contains 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 on our website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

PROHIBITED USES 
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 

DISCLAIMER OF LIABILITY 

The material displayed on this website is provided without any guаrаntееѕ, conditions, or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.hmptns.co and its suppliers, content providers, and advertisers hereby expressly exclude all cоndіtіоnѕ, warranties, and other terms which might otherwise be implied by statute, common law, or the law of еquіtу and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, ѕресіаl, соnѕеquеntіаl, punitive, or incidental damages, or damages for loss of use. Profits, data, or other іntаngіblеѕ, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance, or failures of this website or any linked sites and any materials posted therein, irrespective of whether such damages were foreseeable or arise in the contract, tort, equity, restitution, by statute, at common law, or otherwise. This does not affect the website’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter, or another liability which cannot be excluded or limited under applicable law.

INDEMNIFICATION 
You agree to indemnify, defend and hold harmless hmptns inc. and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 

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. 

TERMINATION 
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our website, or when you cease using our site. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof). 

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 website constitutes the entire agreement and understanding between you and us and govern your use of the website, 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. 

GOVERNING LAW AND JURISDICTION
These Customer Terms of Service and any dispute that may arise between you and hmptns Inc. will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

DISPUTES ARISING FROM THESE CUSTOMER TERMS OF SERVICE AND YOUR USE OF THE WEBSITE WILL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

BINDING ARBITRATION AND CLASS ACTION WAIVER
In the event of any dispute between you and us regarding these Customer Terms of Service and/or any Products or services purchased from the Website, you and hmptns Inc. agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.

You must send any notice of dispute by e-mail to contact@hmptns.co.

We will send any notice of dispute to you at the contact information we have for you. You and Goop will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Customer Terms of Service. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to contact@hmptns.co. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

You agree to arbitrate with hmptns only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Customer Terms of Service, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Suffolk County, New York.

CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at contact@hmptns.co.