Terms and Conditions

TERMS OF SERVICE

Effective as of october 21, 2016

Welcome to Hoverboard Technologies!  Hoverboard Technologies Corporation, and its parents and affiliates (collectively “Hoverboard”, “we”, “us”, or “our”) provides this website, the innovative “Hoverboard” product sold hereon and any other offers which may appear on this website from time to time.

These Terms of Service (“Terms”) cover your use and access to the website  provided by Hoverboard, and the ordering of products listed thereon (collectively, “Site”).  By using the Site, you agree to be bound by these Terms.  If you are using the Site for an organization, you are agreeing to these Terms on behalf of that organization.

Your Rights and Responsibilities

License to use website

 Unless otherwise stated, Hoverboard Technologies and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
  • edit or otherwise modify any material on the website;

Acceptance of the Terms

These Terms set forth the entire understanding of the parties with respect to the use of the Site, and supersede all contemporaneous agreements, representations, warranties and understandings with respect to the Site.  These Terms may be amended by us from time to time in accordance with the terms below.  The latest Terms will be posted on the Hoverboard website, and you should review these Terms prior to using the Site.  If you do not agree to the terms of this Agreement, you may not use the Site.

The Site is not directed to children, and may not be used by anyone under the age of 13.  By using the Site, you represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these Terms or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful.

Acceptable Use Policy

We expect you to use our Site responsibly.  Accordingly, you shall not do, attempt to do, or encourage any third party to do or attempt to do any of the following when accessing and using the Site:

  • Use the Site for any purpose which is in violation of applicable federal, state, or local laws, or which Hoverboard, in its sole discretion deems to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
  • Reverse engineer, decompile, modify, alter, tamper with, disassemble, or create any derivative works of the Site or any product found thereon;
  • Probe, monitor or otherwise test for vulnerabilities any network used the provide the Site;
  • Introduce to the Site any material, tangible, or intangible, that contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Hoverboard or any third party;
  • Breach or otherwise circumvent any security or authentication measures put in place by Hoverboard or its successors, affiliates, or assigns;
  • Take any action designed to disrupt the function of the Site;
  • Use manual or automated software, devices, or other processes to “crawl” or “spider” the Site;
  • Use the Site in any manner other than that expressly allowed by these Terms;
  • Promote or advertise products or services without express written authorization from Hoverboard;
  • Originate or otherwise send any spam or similar unauthorized advertisements;
  • Use automated or other means to create accounts in bulk; or
  • Use the Site to knowingly or willfully infringe the intellectual property rights of others, including, but not limited to, the rights of others in patent, copyright, trademark, trade secret, or any applicable moral rights, as such exist now or come to exist, throughout the world.

 

Updates to the Site

We may update the Site at any time, or add or subtract features from the Site at any time; provided, however, that if we make any modifications to the Site which will materially affect your ability to use the Site, we will provide notification of such changes by sending you a notice to the email address associated with your account.

 

Orders

Registration

To place an order, you must register.  You can register by providing us to use the Site by with your first and last name, a valid e-mail address, a valid shipping address, and a password.  We will then send you a confirmation e-mail, which will allow you to confirm the registration.

 Pre-Sale

 All orders placed on the Site shall be on a pre-sale basis.  This means that your credit card may be charged immediately, but your order shall not ship until production is ready.  By placing an order on the Site, you accept and agree to the terms of such pre-sale.

Payment

 Orders are not binding upon Hoverboard until accepted by Hoverboard.  You agree to pay the total purchase price for products that you order, plus duties (if any), sales taxes, shipping (to the extent shipping is not prepaid) and any other import or bank fees necessary to transact.  Terms of payment are solely within Hoverboard’s discretion.  Payment shall be made via the third-party platform designated by Hoverboard.

Product and Pricing Information

We strive to ensure that all information on the Site is complete, accurate, and current.  However, despite these efforts, some effort on the Site may be contain errors.  In the event a product listing contains a material error (which shall include, without limitation, errors describing the product, incorrect specifications, or typographical errors regarding price), Hoverboard shall have the right to refuse or cancel any orders placed for such product.

Products displayed may be out of stock or discontinued, and prices are subject to change at any time.  Hoverboard shall have the right to refuse or cancel any such orders whether or not such order has been confirmed and your credit card is charged.  If your credit card has already been charged for the purchase and your order is canceled, Hoverboard shall immediately issue a credit to your credit card in the amount of the charge.  Subject to the foregoing, the prices displayed are quoted in United States Dollars ($USD) and are effective only for purchases within the United States.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.  Hoverboard reserves the right at any time after receipt of your order to accept or decline your order for any reason.  Hoverboard reserves the right, at any time after receipt of your order and without prior notice to you, to supply less than the quantity you ordered of any item.  Hoverboard does not accept online orders from commercial resellers.

Shipping

When an order is placed, it will be shipped to an address designated by you.  All purchases from the Site are made pursuant to a shipping contract between Hoverboard and a third party.  Accordingly, Hoverboard does not assume any risk of loss in connection with the purchased products.  You are responsible for filing any and all claims with shipping carriers for damaged or lost shipments.

Hoverboard shall not be responsible for any incorrect addresses supplied to it for purposes of shipping a product.  In the event you provide incorrect address information, please contact Customer Service immediately.  We will attempt to update incorrect order details.  However, some orders cannot be adjusted, and Hoverboard assumes no responsibility for such adjustment.

Sales Tax

Hoverboard shall automatically charge and withhold applicable sales tax for orders to be delivered to addresses within the State of California.  Customer is responsible for paying all applicable taxes on orders shipped to any other state.  Orders shipped to international addresses will be charged the applicable taxes and duties.

International Orders

We currently accept international orders.  Some international orders may incur a customs or import duty charge.  You are responsible for paying all such charges.

Cancellation

You may cancel your order by contacting us before your order ships.  If your order has been shipped, Hoverboard reserves the right to refuse order cancellation, or charge a cancellation fee as necessary.

Returns

All returns are governed by our returns policy, which can be found at www.hoverboard.com or requested at support@hoverboard.com

Intellectual Property Rights

Hoverboard Intellectual Property Rights

The Site, all products offered on the Site, and all elements thereof, are protected by copyright, trademark, trade secret, trade dress, patent, and other US and foreign laws (“Hoverboard IP”).  These Terms do not grant you any right, title or interest in the Site, Hoverboard IP, Hoverboard trademarks, logos and other brand features.  We welcome feedback, but please note that we may use and implement comments or suggestions as part of the Site without any obligation to you.

This site does not assert any right in the trademark Hoverboard and the term is used to describe the class of goods sold, as the term was originally coined in the movie Back to the Future (1989). This site and Hoverboard Technologies has no association or with the Hoverboard product made and sold by Mattel under license from the intellectual property right owners of the Back to the Future Franchise.

Linking to the Site

Creating or maintaining any link from another website to any part of the Site without the prior written consent of Hoverboard is prohibited.  Running or displaying the Site or any material displayed hereon in frames or through similar means on another website without our prior written consent is prohibited.

Liability & Warranties

Site Offered “As Is”

Hoverboard provides the SITE“as is” and on an “as available” basis.  Accordingly, and to the maximum extent permitted by APPLICABLE law, Hoverboard makes no warranties, express or implied, THAT THE Site WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS.

No Other Warranties

We strive to provide the best possible Site, but there are certain things that we can’t guarantee.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HOVERBOARD DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE.  BOTH YOU AND HOVERBOARD SPECIFICALLY EXCLUDE AND DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The products sold on the Site may be subject to their own warranties.  Except to the extent that a particular product warranty conflicts with the paragraph directly above, the foregoing disclaimer shall apply to product warranties.

Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HOVERBOARD, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, ON ANY THEORY OF LIABILITY.

Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.

Resolving Disputes

Initial Dispute Resolution

We want to address your concerns without a formal legal claim.  Before filing a claim against Hoverboard, you agree to try to resolve the dispute informally by contacting support@hoverboard.com .  We’ll try to resolve the dispute informally by contacting you via email.  If a dispute is not resolved within thirty (30) days of submission, either you or Hoverboard may begin formal legal action, subject to these Terms.

Mandatory Arbitration

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.  Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Choice of Law

The validity, performance, construction, and interpretation of this Privacy Policy shall be governed by the laws of the state of California.  Both you and Hoverboard expressly disclaim from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act

Venue & Jurisdiction

With respect to any disputes which cannot be resolved by our internal processes, and subject to the mandatory arbitration provision herein, you agree that jurisdiction for any legal action will be the United States District Court located in the Northern District of California, provided that such Court has appropriate subject matter jurisdiction, or if not, then in the California Superior Courts located in San Mateo County, California, provided the court has appropriate subject matter jurisdiction.  The parties hereby consent to the personal jurisdiction of such courts as described above.

Attorneys’ Fees and Costs

In any legal action hereunder, the prevailing party shall be entitled to attorney’s fees and costs.

Money Damages Sufficient

You expressly agree that money damages are sufficient to compensate you for any dispute arising under these Terms.  Accordingly, you expressly disclaim any right to non-monetary relief, including, but not limited to, equitable or injunctive relief, that you may have in connection with a dispute arising under these Terms.

Miscellaneous

No Legal Advice

Information contained on or made available through the Site or in these Terms is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed thereby.  You are advised that you have the right to seek independent counsel in connection with these Terms.

Waiver, Severability & Assignment

Any failure on the part of Hoverboard to enforce a provision under these Terms does not constitute waiver of any rights under these Terms, including the right to take action at a later date.  If any provision of these Terms is found unenforceable by any court or administration body of competent jurisdiction, such provision shall be excluded from these Terms and the balance of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with the intent of these Terms to the fullest extent permitted by law.  You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Hoverboard may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Site.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Hoverboard Technologies.

Hoverboard Technologies has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Hoverboard Technologies 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

Breaches of these terms and conditions

Without prejudice to Hoverboard Technologies other rights under these terms and conditions, if you breach these terms and conditions in any way, Hoverboard Technologies may take such action as Hoverboard Technologies deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Hoverboard Technologies may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Hoverboard Technologies may transfer, sub-contract or otherwise deal with Hoverboard Technologies rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our Site.  If a revision meaningfully reduces your rights, we will notify you by sending you a notice to the email address associated with your account.  To avoid any disputes which may arise, you expressly agree to allow Hoverboard to determine when a revision to these Terms meaningfully reduces your rights.  By continuing to use or access the Site after the revisions come into effect, you agree to be bound by the revised Terms.

Entire Agreement

These Terms (and, if applicable, the Privacy Policy and the Customer Agreement), constitute the entire agreement between you and Hoverboard with respect to the subject matter hereto, and supersedes all prior representations, negotiations, promises, understandings or agreements, whether oral or written, between you and Hoverboard with respect to the subject matter hereof.

Notices

By using the Site, you consent to us providing you with any and all notices under these Terms at the e-mail address you use to create your account.  For the avoidance of doubt, any notices sent under these Terms will be deemed received by you once they are sent by Hoverboard.  If you decide that you no longer consent to receive notices by e-mail, you must stop using the Site.

Relationship of the Parties

Hoverboard is an independent contractor.  There is no relationship of agency, partnership, joint venture, employment, or franchise between you and Hoverboard.  You and your agents, as applicable, do not have the authority to bind or commit Hoverboard in any way, or to incur any obligation on our behalf, except the obligations established in these Terms.  These Terms are for the benefit of you and Hoverboard and is not intended to confer upon any other person or entity any rights or remedies hereunder.  Nothing in these Terms shall be deemed to create any agency or partnership.  These Terms are for your benefit, and the benefits of these Terms shall inure only to you and your successors.

Additional Terms of Service

Certain products which Hoverboard offers as part of the Site may have their own Terms of Service, which apply specifically to the use of that particular product.  In such case, you agree to the terms of such additional Terms of Service, the provisions are which are hereby incorporated by reference.

 

 

 

 

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