Hats Unlimited, Inc. - Terms of Service

Effective Date: August 10, 2022

Welcome to Hats Unlimited, Inc. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at https://www.hatsunlimitedinc.com (the "Site"), and any related services, including the online purchase and sale of hats and related products (collectively, the "Services"). By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Site or Services. These Terms constitute a legally binding agreement between you and Hats Unlimited, Inc.

We encourage you to read these Terms carefully and to contact us if you have any questions. Our contact information is provided at the end of this document. Note that these Terms may be updated from time to time, and it is your responsibility to review them periodically.

1. Eligibility and Account Registration

1.1 Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. If you are under the age of majority, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into these Terms. We reserve the right to refuse service to anyone for any reason at any time.

1.2 Account Creation

To make purchases, access personalized features, or engage in certain activities on the Site, you may need to create an account. During registration, you agree to provide accurate, current, and complete information, including your name, email address, and any other required details. You must update this information as necessary to keep it accurate. Failure to provide accurate information may result in the suspension or termination of your account.

1.3 Account Security

You are solely responsible for safeguarding your account credentials, including your username and password. Any activities or transactions that occur under your account are your responsibility, whether or not authorized by you. If you suspect any unauthorized use of your account or any security breach, you must notify us immediately at info@hatsunlimitedinc.com. We are not liable for any loss or damage arising from your failure to protect your account information.

1.4 Multiple Accounts

You may not create multiple accounts for the purpose of abusing promotions, circumventing restrictions, or any other prohibited activity. We reserve the right to merge or terminate duplicate accounts at our discretion.

2. Products, Orders, and Payments

2.1 Product Descriptions

We specialize in the online sale of a wide variety of hats, including but not limited to baseball caps, fedoras, sun hats, and winter beanies, along with related accessories such as hat bands and cleaning kits. All product descriptions, images, specifications, and prices displayed on the Site are subject to change without notice. We make every effort to ensure accuracy, but errors may occur. In the event of an error, we reserve the right to correct it and may cancel or refuse orders affected by such errors.

2.2 Order Placement

When you place an order, it constitutes an offer to purchase products in accordance with these Terms. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, pricing errors, or suspected fraudulent activity. If we cancel an order after payment has been processed, we will issue a full refund.

1. Order Confirmation: Upon successful placement, you will receive an email confirmation. This does not guarantee acceptance; acceptance occurs when we ship the products.
2. Quantity Limits: We may impose quantity limits on certain products to ensure fair access for all customers.
3. Custom Orders: For personalized or custom hats, additional terms may apply, including non-refundable deposits and extended processing times.

2.3 Payment Methods

We accept various payment methods, including major credit cards (Visa, MasterCard, American Express), PayPal, and other options as indicated during checkout. By providing payment information, you authorize us to charge your payment method for all applicable fees, including the product price, taxes, shipping, and handling charges. All payments are processed securely through third-party payment processors.

• Billing Information: You must provide accurate billing information. Any discrepancies may delay or cancel your order.
• Taxes: Sales tax will be applied based on the shipping address and applicable laws.
• Currency: All transactions are in US Dollars (USD). International customers are responsible for currency conversion fees.

2.4 Shipping and Delivery

We ship products to addresses within the United States and select international locations. Shipping methods, times, and costs are provided during checkout and are estimates only. Actual delivery times may vary due to factors beyond our control, such as weather, customs delays, or carrier issues.

• Risk of Loss: Title and risk of loss pass to you upon delivery of the products to the shipping carrier.
• International Shipping: Customers are responsible for all duties, tariffs, and import fees. We are not liable for packages held by customs.
• Tracking: We provide tracking information via email once your order ships.

2.5 Returns, Refunds, and Exchanges

We offer a 30-day return policy for most unused items in their original packaging with tags attached. Custom or personalized items are non-returnable unless defective.

1. Initiating a Return: Contact us at (313) 265-6960 or info@hatsunlimitedinc.com within 30 days of receipt to obtain a return authorization.
2. Return Shipping: You are responsible for return shipping costs unless the return is due to our error.
3. Refunds: Refunds are issued to the original payment method within 10 business days of receiving the returned item, excluding original shipping costs.
4. Exchanges: Exchanges are subject to availability. If the desired item is unavailable, a refund will be issued.
5. Defective Products: If a product arrives damaged or defective, notify us within 7 days for a free replacement or refund, including shipping.

3. Intellectual Property Rights

3.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is owned by or licensed to us and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our prior written consent.

3.3 Trademarks

"Hats Unlimited" and our logos are trademarks owned by us. You may not use these marks without our prior written permission. All other trademarks appearing on the Site are the property of their respective owners.

3.4 User-Generated Content

If you submit reviews, photos, or other content to the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent that you own or have rights to such content and that it does not violate any third-party rights.

4. User Conduct and Prohibitions

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are prohibited from:

• Using the Services in any manner that could disable, overburden, damage, or impair any part of the Site or interfere with any other party's use.
• Attempting to gain unauthorized access to any portion of the Site or Services through hacking, password mining, or any other means.
• Posting or transmitting viruses, worms, Trojan horses, or any other destructive code.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Harassing, threatening, or abusing other users or our staff.
• Engaging in commercial activities without our prior consent, such as advertising or pyramid schemes.
• Collecting or harvesting personal information from other users.
• Violating any applicable laws or regulations.

We reserve the right to investigate and take appropriate action against violations, including termination of your access and reporting to law enforcement.

5. Disclaimers, Limitations of Liability, and Indemnification

5.1 Disclaimers

The Services and all products are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that the Site will meet your requirements or that it will be secure or free from viruses.

Product colors and sizes may vary slightly from images due to monitor differences or manufacturing variations. We are not responsible for typographical errors or changes in product specifications.

5.2 Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Services.
• Any conduct or content of any third party on the Services.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of $100 or the amount you paid us for the relevant product in the last 12 months.

5.3 Indemnification

You agree to indemnify, defend, and hold harmless Hats Unlimited, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms.
• Your use or misuse of the Services.
• Your violation of any rights of a third party, including intellectual property rights.
• Any content you submit or transmit through the Services.

6. Termination and Suspension

We may terminate or suspend your account and access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination, such as ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will survive.

You may terminate your account at any time by contacting us. Any outstanding orders or obligations must be fulfilled before termination.

7. Governing Law, Dispute Resolution, and Class Action Waiver

7.1 Governing Law

These Terms and any disputes arising under or related to them shall be governed by the laws of the State of California, United States, without regard to its conflict of laws principles.

7.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Ventura County, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial.

7.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

8. Changes to Terms and Services

We reserve the right to modify these Terms at any time. We will post the updated Terms on the Site with the new effective date. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

We may also modify or discontinue the Services or any features at any time without notice. We are not liable for any modification, suspension, or discontinuation.

9. Miscellaneous Provisions

• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.
• Waiver: Our failure to enforce any right or provision will not constitute a waiver of future enforcement.
• Entire Agreement: These Terms, together with any additional terms provided during purchase, constitute the entire agreement between you and us.
• Force Majeure: We are not liable for delays or failures due to events beyond our control, such as natural disasters, wars, or pandemics.
• Assignment: We may assign these Terms without your consent. You may not assign without our prior written consent.

10. Contact Information

If you have any questions about these Terms or need assistance, please contact us at:

Hats Unlimited, Inc.
1363 Donlon St Ste 16
Ventura, CA 93003, US
Phone: (313) 265-6960
Email: info@hatsunlimitedinc.com
Website: https://www.hatsunlimitedinc.com