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These Terms of Use, together with Hammock Way of Life’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the Hammock Way of Life website, located at https://hammockwayoflife.com (together, the “Site”). “Hammock Way of Life” includes Hammock Way of Life, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The Hammock Way of Life services may include, but are not limited to coaching, consulting, training, and retail services (collectively, the “Services”).
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 13 below. Because Hammock Way of Life provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and Hammock Way of Life must be resolved in arbitration or small claims court.
To use the Site, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site or Services; and (iii) register for, as applicable, and use the Site in compliance with any and all applicable laws and regulations.
Your use of the Site and Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the Hammock Way of Life services.
You agree not to:
The Site may contain links to third party websites and services (e.g. the Site’s Partner and Sponsor pages). Hammock Way of Life provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that Hammock Way of Life has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. Hammock Way of Life shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Hammock Way of Life through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Hammock Way of Life, except third-party trademarks or service marks, which are the property of their respective owners.
The prices displayed for products available for purchase via the Site represent the applicable retail prices and do not include taxes, shipping, or handling charges (to the extent applicable). Any applicable taxes, shipping, or handling charges will be communicated to you before you place an order. The prices displayed on the Site are quoted in U.S. dollars.
We make every effort to present the most recent, accurate, and reliable information on the Site at all times. However, occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Products displayed may be out of stock or discontinued, and prices are subject to change. Hammock Way of Life is not responsible for errors regarding price, availability, or any other matter. Likewise, Hammock Way of Life does not warrant the accuracy of customer product ratings, comments, or feedback.
By submitting an order through the Site, you agree to pay in advance the price of the product(s) ordered, plus any applicable taxes, shipping and handling, and/or other charges. You may make payment by credit card or any other method of payment we may make available to you (each, a “Method of Payment”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Site, including subscription orders. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
Your purchase history may include such details as product description, product image, units purchased, purchase price, purchase or order date, store details where the product was purchased, shipping updates, order number, or product manuals, warranties, and instructions. All information related to your purchase history is solely owned by us at all times, but may be made available to you in our sole discretion for your review upon request.
If any problems arise with your order, or with the shipping address or Method of Payment associated with your purchase, and we are unable to resolve the problem, we may notify you via the contact information provided at the time of your purchase. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future purchases until the problem has been resolved.
We reserve the right to cancel, modify, or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person, or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests. In the event you need to return a physical product, such returns are subject to our discretion. If we accept your return you will be entitled to store credit.
You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Hammock Way of Life from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Hammock Way of Life reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Hammock Way of Life, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site and/or Services at any time, with or without notice to you. You may terminate your account at any time by contacting Hammock Way of Life at info@hammockwayoflife.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Hammock Way of Life may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
Hammock Way of Life reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site and Services following notice will be deemed acceptance of any modifications to the Terms.
The Site is provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Hammock Way of Life seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Hammock Way of Life specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Hammock Way of Life does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
In no event will Hammock Way of Life be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Hammock Way of Life has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
These Terms are governed by the laws of the United States and the State of New York, without regard to conflict of law principles. Subject to Section 18, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and Hammock Way of Life agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Albany County, New York, for the purpose of litigating any such disputes.
We provide the Site for use only by persons located in the United States. We make no claims that the Site is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
In the interest of resolving disputes between you and Hammock Way of Life in the most expedient and cost effective manner, you and Hammock Way of Life agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
Hammock Way of Life reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that Hammock Way of Life will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and Hammock Way of Life regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. The foregoing notwithstanding, you and Hammock Way of Life may enter into a separate coaching agreement which shall control with respect to such coaching.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Last updated: October 10, 2024
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