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Terms of Use

HAT PICKS™ WEBSITE TERMS OF USE
Hat Picks LLC (“Hat Picks”) maintains this website (“Website”) for your informational use. Your access and use of the Website is subject to the following terms and conditions (“Website Terms”). By accessing and browsing the Website, you accept, without limitation or qualification, these Website Terms.
  1. The Hat Picks Privacy Policy applies to your use of the Website and is incorporated herein by reference. The Privacy Policy contains important information about how Hat Picks collects and uses your information. Please read the Privacy Policy and the Website Terms carefully. If at any point you do not entirely agree to all of the Website Terms or the Privacy Policy as each exists now or is amended in the future, you must leave the Website immediately.
  2. Hat Picks may change the Website Terms and the Privacy Policy at any time by posting the amended Website Terms or Privacy Policy on the Website. If you access or use the Website after the change is posted (or after the effective date of the change if an effective date is provided), you accept and agree to the amended Website Terms or Privacy Policy. The Website Terms and Privacy Policy cannot be changed or amended in any other manner except in a written amendment that is executed by hand (not by email) by you and by an authorized representative of Hat Picks. Hat Picks may revise other policies or codes of conduct at any time by posting them on the Website. If there is a conflict between the Website Terms and the Hat Picks Privacy Policy on the one hand, and any other policy or code of conduct on the other hand, the Website Terms and the Hat Picks Privacy Policy will control.
  3. Hat Picks may modify or remove the Website at any time on a permanent or temporary basis without liability. It is entirely your responsibility to install and maintain anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, or any other malicious code.
  4. In addition to Hat Pick content, the Website may contain third party materials, such as without limitation, advertisements, twitter feeds, website links, and user-generated content. Hat Picks does not and cannot review all third party material made available on the Website or through websites linked from or to any part of the Website. However, Hat Picks has the absolute right (though not the obligation) to remove, without notice, any content posted. The existence of any link to or from the Website does not mean that Hat Picks endorses or is affiliated with any third-party website or service. Any links to or from third-party websites that are not maintained by Hat Picks are provided solely as a convenience to you. Hat Picks generally has not reviewed such third-party sites and does not control and is not responsible for any such sites or their content. Hat Picks does not endorse or make any representations about them or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any such third-party websites, you do so entirely at your own risk. IN NO EVENT WILL HAT PICKS, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY THIRD PARTY CONTENT, PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER HAT PICKS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
  5. You will not engage or assist in any virus distribution, denial of service attacks, or other attempts to disrupt the Website or any other person’s use or enjoyment of the Website. You will not attempt to circumvent the security of the Website or gain unauthorized access to the Website. You will not upload or transmit spyware or other material that acts as a passive or active information collection or transmission mechanism, such as without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, or cookies. You will not use manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Website. You will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website. You will not hyperlink to the Website from any other website without Hat Picks’ prior written consent, which consent may be withdrawn at any time.
  6. The Website consists of copyrighted works owned by Hat Picks. Hat Picks reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Website. The Hat Picks service mark, and other service marks, trademarks, trade names or other trade designations appearing on the Website are owned by Hat Picks or by licensors or suppliers of Hat Picks. You agree not to display or otherwise use any trade designations of Hat Picks or any third party appearing on the Website in any manner. Except to the extent expressly permitted by law or applicable open source licenses, you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website. All Website content is provided for your personal use only and cannot be sold or otherwise transferred.
  7. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ALL OF ITS CONTENT IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR INDEMNITIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER HAT PICKS, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “HAT PICKS PARTIES”), WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.
  8. TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE WEBSITE AND ANY OF ITS CONTENT UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). HAT PICKS HAS NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HAT PICKS IS TO STOP USING THE WEBSITE AND ITS CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND ALL OF ITS CONTENT IS AT YOUR SOLE RISK.
  9. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE HAT PICKS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE HAT PICKS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ADVERTISERS, OTHER USERS OF THE SERVICE, AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF USE OF THE WEBSITE AND EXTERNAL SITES RESTS ENTIRELY WITH YOU.
  10. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE LIMITATIONS AND EXCLUSIONS HEREIN WILL BE THE MAXIMUM PERMITTED BY LAW.
  11. You agree to indemnify and hold Hat Picks, its affiliates, and their officers, directors, employees, and agents, harmless from and against any and all claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the Website, any violation by you of the Website Terms, or any breach of the representations, warranties, and covenants made by you herein. Hat Picks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Hat Picks, and you agree to cooperate with Hat Picks’ defense. Hat Picks will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
  12. You are solely responsible for your interactions with third parties advertising on the Website, and with any other parties with whom you interact through the Website. Hat Picks may in its sole discretion become involved with these disputes, but has no obligation to do so. If you have a dispute with one or more advertisers or other parties with whom you interact through the Website, you release Hat Picks from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “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 settlement with the debtor.”
  13. This Agreement and any dispute arising out of or related to it or the Website will be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Hat Picks must be resolved exclusively by a state or federal court located in Marion County, Indiana, except as otherwise agreed by the parties or as described below with respect to arbitrated claims. You submit to the personal jurisdiction of these courts for the purpose of litigating all such claims or disputes and agree that such courts are a convenient forum for adjudication. YOU AND HAT PICKS EACH HEREBY WAIVE TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE INCLUDING ANY AND ALL OF ITS CONTENT.
  14. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. A party that elects arbitration will initiate the arbitration though the American Arbitration Association (“AAA”). The arbitration will be conducted solely by any or all of the following means: telephone, online, and written submissions. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise the parties mutually agree otherwise. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
  15. You acknowledge that the rights granted and obligations made under the Website Terms to Hat Picks are of a unique and irreplaceable nature, the loss of which shall irreparably harm Hat Picks and which cannot be replaced by monetary damages alone. Accordingly, Hat Picks shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation, promotion, use or exploitation of the Website and any advertising or other content provided or displayed through the Website.
  16. If any provision of the Website Terms is held to be invalid, illegal, or unenforceable, such provision will be considered stricken from the Website Terms and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Hat Picks will not, by mere lapse of time, without giving notice or taking other action hereunder, be deemed to have waived any breach of any of the provisions of the Website Terms. Further, the waiver by Hat Picks of a particular breach of the Website Terms will not be construed as nor constitute a continuing waiver of such breach or of breaches of the same or other provisions of the Website Terms. All terms of this Agreement which, by their nature, are intended to survive termination of this Agreement will survive termination, including without limitation, all ownership terms, indemnification obligations, disclaimers and limitations of liability.
  17. The failure of Hat Picks to require or enforce strict performance by you of any provision of the Website Terms or the Hat Picks Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Hat Picks’ right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Hat Picks of any provision, condition, or requirement of the Website Terms or the Hat Picks Privacy Policy does not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
  18. Hat Picks may assign or delegate the Website Terms or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Website Terms or Privacy Policy without Hat Picks’ prior written consent, executed by hand (not by email) by an officer of Hat Picks. Any unauthorized assignment or delegation by you is void and without force or effect.
  19. Hat Picks may notify you via postings on the Website, and via e-mail or any other communications means using any contact information you provide. All notices given by you or required from you under the Website Terms or the Privacy Policy will be in writing and addressed to:
Hat Picks, LLC
P.O. Box 1410
Greenwood, IN 46142
Attn: Hat Picks Legal Notice
Any notices that you provide that do not comply with the above requirements will have no force or effect.
  1. The Website Terms, any supplemental policies and any documents expressly incorporated by reference herein (including without limitation the Privacy Policy), and the Hat Picks Terms of Service (if you create a Hat Picks account), contain the entire understanding of you and Hat Picks with respect to the Website, and supersede all prior understandings, whether electronic, oral or written, or whether established by custom, practice, policy or precedent.
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