Last updated: September 16, 2022
These Terms and Conditions (“Terms”) govern your access or use of the Hosa Technology, Incorporated (“Hosa”) websites, content, products, and services relating to the Hosa website (the “Services”). By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions including all of the other terms, conditions, or policies referenced herein. If you do not agree to these Terms, you may not access or use the Services. Hosa may immediately modify or terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. By agreeing to these Terms, you also agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Hosa.
- YOUR ACCOUNT
In registering for an account on our website, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms. You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.
Certain products or services may be available exclusively online through the website. 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 or services 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 the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Please visit the Hosa Warranty Policy for further information.
- PAYMENT AND BILLING
By providing a valid credit card or other payment method to purchase Products through the Services, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
We attempt to be as accurate as possible and to eliminate errors on the Services; however, we do not warrant that any product, description, photograph, pricing, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amounts charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund.
- INTELLECTUAL PROPERTY
All intellectual property rights on the website are owned by Hosa absolutely and in its entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same. All trademarks, logos, service marks, company or product names set forth in the Hosa website are the property of Hosa or their respective owners.
Hosa cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
- LIMITATION OF LIABILITY
In no event will Hosa, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or representatives, be liable to you for any incidental, special, exemplary, punitive, consequential, or indirect damages arising out of or in connection with the Services, or these Terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend, and hold harmless Hosa, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
- DISPUTE RESOLUTION AND ARBITRATION AGREEMENTS
YOU AND HOSA MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION.
Both you and Hosa agree to mandatory, binding arbitration for any claim, dispute, or controversy arising out of or relating to (1) any aspect of the relationship between you and Hosa, whether based in contract, tort, statute, or any other legal theory; (2) these Terms or any other agreement concerning the subject matter hereof; (3) any breach, default, or termination of these Terms; and (4) the interpretation, validity, or enforceability of these Terms (each, a “Dispute”). Any questions about whether any Dispute is subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced.
Nothing in this arbitration provision shall preclude you or Hosa from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. This arbitration agreement applies to any and all Disputes now in existence, or that may arise in the future, and it survives the termination of these Terms and your relationship with Hosa. All Disputes will be on an individual (non- class, non-representative) basis and the arbitrator may award relief only on an individual (non-class, non- representative) basis. This means that you will not be able to participate in or receive any remedy from a class action, private attorney general action, or other representative or collective action as either a class representative or as a member of the class. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”) (9 U.S.C. §§ 1-16).
- Arbitration Procedure: All fees and costs (including filing fees, administration and arbitrator fees, all attorneys’ fees, travel expenses, and other costs of the arbitration) shall be borne by you and Hosa in accordance with the JAMS Rules, JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness, and applicable A copy of their rules can be found on their website: https://www.jamsadr.com/consumer-minimum-standards/
- Arbitration Award: Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the award is based and judgment on an arbitration award may be entered in any court of competent Except as expressly set forth herein, the payment of all costs, filing fees, and administration and arbitrator fees will be governed by the JAMS Rules. Under no circumstances shall either party seek from the other payment or reimbursement of any fees incurred in connection with arbitration.
- GENERAL AGREEMENTS
These Terms shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret these Terms and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of these Terms is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of these Terms. You agree that these Terms and all incorporated agreements may be automatically assigned by Hosa, in our sole discretion by providing notice to you. Any notices to you shall be provided to you through the Hosa website or given to you via the email address or physical address you provide to Hosa. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. These Terms sets forth the entire understanding and agreement between you and Hosa with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties whether oral or written.