AGB

OVERVIEW 

Use of the website operated by by hoodtheory (“Hood Theory”, “we”, “us”, “our”) located at https://www.hoodtheory.com/ (the “Website”) together with all products and services Hood Theory may offer from time to time via Hood Theory’s Website, Hood Theory’s related social media sites and pages (for example, on Instagram), or otherwise through your interactions with Hood Theory (the Website, products, services, and social media pages, collectively, “Services”)  are subject to the terms and conditions stated herein (“Terms of Services”).

By your use of our Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give Hood Theory rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. Our Services are not intended for individuals under the age of 18. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. 

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

SECTION 1 - YOUR ACCOUNT

Hood Theory reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Hood Theory from time to time.  You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access).  You shall immediately notify Hood Theory if you suspect or become aware of any loss, theft, or unauthorized use of your password. 

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.

Our store is hosted on Shopify Inc. They provide us with the online e–commerce platform that allows us to sell our products and services to you.

SECTION 2 - MODIFICATIONS TO THESE TERMS AND CONDITIONS

Hood Theory reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on our Services. Any such change, update, or modification will be effective immediately upon posting on our Services. We suggest that you check these Terms and Conditions periodically for changes.

SECTION 3 - GENERAL CONDITIONS

Hood Theory reserves the right to refuse service to anyone for any reason at any time.

By using this Website, 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.

 

SECTION 4 - PRODUCTS AND SERVICES

Certain Services may be available exclusively online through the Website. These Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on our Services. As a result, and as set forth in the “Disclaimers” section below, Hood Theory  does not and cannot guarantee the accuracy, reliability, currency or completeness of the information on our Services, including prices, product images, descriptions, specifications, and indications of availability. Hood Theory reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Hood Theory reserves the right, but is not obligated, to limit the sales of its Services to any person, geographic region or jurisdiction. Hood Theory may exercise this right on a case-by-case basis. Hood Theory 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 anytime without notice, at the sole discretion of Hood Theory. Hood Theory reserves the right to discontinue any product at any time. Any offer for any Service made on this site is void where prohibited.

Hood Theory does not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors therein will be corrected.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
Hood Theory reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
Hood Theory shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.

SECTION 6 - ORDER ACCEPTANCE, ACCURACY OF BILLING, AND ACCOUNT INFORMATION

All orders placed by you are subject to acceptance by Hood Theory and all items are subject to availability.

Hood Theory reserves the right, without prior notice and in its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include, but are not limited to: invalid, incomplete, improper, or missing payment or shipping information; limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; use of any robot, spider or other automatic device, software, process or application to place, or take preparatory steps to place, one or more orders; violation of these Terms and Conditions; or actual or suspected fraud or abuse.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.

Hood Theory reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 
SECTION 7 - OPTIONAL TOOLS

Hood Theory may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that Hood Theory provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Hood Theory shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website 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 Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may provide links or references to third party websites, mobile applications, services, or materials which are not provided by, related to, or maintained by Hood Theory. Hood Theory has no responsibility for the content thereof, regardless of whether the link is provided by Hood Theory or a third party, and Hood Theory shall not be responsible or liable for any damages or injury arising from your access to or use of that content. You should review any Terms and Conditions and Privacy Policies or Statements (and similar documents) associated with such third-party websites, applications, services, or materials before use.

The display of any link shall not and does not constitute or imply endorsement by Hood Theory or its partners or its and their licensors of the linked website or any content therein. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which the Services may link, including information on such other website regarding Hood Theory or its partners.

 

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 10 - 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 take any action in connection with your use of Services which violates any applicable local, state, national or international law, rule, regulation, or order of any court in conjunction with your use thereof; or

(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;

- Copy, reproduce, modify, use, republish, upload, post, transmit, sell, resell, license, rent, lease, lend, otherwise distribute or commercially exploit in any way, decompile, reverse engineer, disassemble, otherwise attempt to derive source code from, or modify or create derivative works based on, our Services or any materials obtained from or through our Services;

- “Frame” or use our Services in any way that might confuse, misdirect, or misrepresent their source, or sponsorship or affiliation thereof or therewith;

(g) to use our Services for any unlawful or abusive purposes, including, but not limited to, the violation of any intellectual property rights (whether belonging to Hood Theory or third parties) and the posting or distribution of any “harmful” or “malicious” code or programming devices (e.g., viruses, malware, ransomware, corrupted files, key locks, back doors, trap doors, timers or other disabling devices) or any other similar software or programs that may adversely affect the operation of our Services or any other software, hardware, network or other technology (collectively, “Malicious Code”).

(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 our Services.

Hood Theory reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 11 - DISCLAIMER OF WARRANTIES

HOOD THEORY CANNOT AND DOES NOT REPRESENT, GUARANTEE OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR VIA OUR SERVICES IS ACCURATE, CORRECT, COMPLETE, RELIABLE, OR CURRENT, AND HOODTHEORY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, OR ANY CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION.

OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR TITLE; (b) ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OPERATION, USE, OR PERFORMANCE OF OUR SERVICES; (c) ANY WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT OUR SERVICES, AND/OR THE SERVER(S) AND CONNECTIONS THAT MAKE THEM AVAILABLE WILL BE UNINTERUPTED, SECURE, OR FREE OF ERRORS OR MALICIOUS CODE; AND (d) ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

SECTION 12 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HOOD THEORY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY 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, EVEN IF HOOD THEORY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF OUR SERVICES, OR ANY MATERIALS, PAGES, OR CONTENT ACCESSIBLE VIA OUR SERVICES, nor will HOOD THEORY, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE RESPONSIBLE FOR ANY CLAIMS OR DAMAGES WHATSOEVER THAT RESULT FROM

MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, MATERIALS, OR SERVICES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HOOD THEORY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS YOU PAID TO US UNDER THIS AGREEMENT; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION ON LIABILITY SHALL NOT APPLY WITH RESPECT TO ANY LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT

SECTION 13 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Hood Theory, its partners, its licensors, its subsidiaries, and its and their affiliates, members, officers, directors, managers, partners, employees, consultants, temporary resources, agents, suppliers, providers, contractors, subcontractors, licensors, successors, transferees, and assignees harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs, including any incurred in enforcement of this indemnification provision) arising from or in connection with (a) your use of our Services, or any materials, content, information, or services contained, displayed, available or accessible on or from our Services; (b) your violation of these Terms and Conditions; (c) any Submission (as defined below) provided by you to Hood Theory; or (d) your violation of any rights of any third party.

SECTION 14 - 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. Hood Theory is 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.

Hood Theory 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 e‑mail 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.


SECTION 15 - 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 16 - 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 Services, or when you cease using our site.

Hood Theory reserves the right to refuse service and/or prohibit or terminate access to our Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of our Services and may result in the cancellation of your orders, among other consequences.

SECTION 17 - ENTIRE AGREEMENT

The failure of Hood Theory to exercise or enforce any right or provision set forth herein shall not constitute a waiver of such right or provision. These Terms and Conditions set forth the entire understanding between you and Hood Theory with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Hood Theory with respect to such subject matter. (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 18 - GOVERNING LAW

You acknowledge and agree that the terms contained in this Terms and Conditions are reasonable and necessary, and that your actual or threatened breach of this Terms and Conditions would give rise to irreparable harm to Hood Theory for which monetary damages would not constitute an adequate remedy and, in addition to any and all other rights that may be available in respect of such breach or threatened breach, will entitle Hood Theory to immediate injunctive and other equitable relief without any requirement to post bond.

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. Hood Theory makes no representation that products provided through our Services are applicable or appropriate for use in all locations. If you use our Services from other locations, you are responsible for compliance with applicable local laws. If you take legal action relating to these Terms and Conditions or your interactions with or relationship to Hood Theory, you agree to file such action only in the state and federal courts located in New York County, New York and waive any objection you may have to the venue or forum.

If any part of these Terms and Conditions is found to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

SECTION 19 - CONTACT INFORMATION

If you have any questions about these Terms of Use, the Products, or the Website, contact us  at info@hoodtheory.com.