Terms & Conditions
WELCOME TO HAND GYN
If you choose to continue to browse and use the Hand Gyn website you are agreeing to comply with and be bound by the following terms and conditions of use, as well as any and all disclaimers of warranties and liability (hereinafter referred to as the “Agreement”). You do not have to agree to these terms and conditions, however, if you do not agree to be bound with any part of these terms and conditions or disclaimers, you will not be permitted to use this website or services of Hand Gyn.
This Agreement is effective upon acceptance by new users. You accept this Agreement by clicking the Submit button when registering a Hand Gyn account; accessing or using Hand Gyn, or its affiliates’, sites, service, and tools; or as otherwise indicated on a specific site, service, or tool.
You’re eighteen (18) years of age or older.
Please be advised: this Agreement contains provisions that govern how claims you and we have against each other are resolved. It also contains an Agreement to Arbitrate. Unless you opt-out: (I) you will only be permitted to pursue claims against Hand Gyn and its affiliates (including, but not limited to, Hand Gyn Inc, and the individual members or managers) on an individual basis, not as part of any class or representative action or proceeding, and (II) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
You are required to comply with, and to ensure compliance with, all laws, ordinances, and regulations applicable to your activities on Hand Gyn website.
All text, graphics, button icons, images, audio clips, and software (collectively, “Content”), belongs exclusively to Hand Gyn, or its affiliates. The collection, arrangement, and assembly of all Content on Hand Gyn (the “Compilation”) belongs exclusively to Hand Gyn or its affiliates. All software used on Hand Gyn (the “Software”) is the property of Hand Gyn, its affiliates or its software suppliers. The Content, the Compilation and the software are all protected by U.S. and international copyright laws. Hand Gyn and other logos, slogans, trade names or words are registered trademarks, or service marks of Hand Gyn, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
USE OF SITE
This Agreement grants you a limited, revocable, nonexclusive license to access handgyn.com and use its sites, tools, and services, in whole or in part, including but not limited to Hand Gyn, intellectual property therein, solely in compliance with this Agreement. This license does not include any resale or commercial use of Hand Gyn, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any services of Hand Gyn or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Hand Gyn or its licensors, suppliers, publishers, vendors, or other content providers. No part of any Hand Gyn website or service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hand Gyn. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Han Gyn without express written consent. You may not use any meta tags or any other “hidden text” utilizing Hand Gyn’s name or trademarks without the express written consent of Hand Gyn. You may use Hand Gyn only as permitted by law. The licenses granted by Hand Gyn terminate if you do not comply with this Agreement.
Product representations expressed on Hand Gyn’s website are exclusively Hand Gyn products . Hand Gyn has the right, but not the obligation, to regulate content posted to, stored on or transmitted via Hand Gyn by any user (or any other third party in any manner); to regulate conduct (including but not limited to any authorized or unauthorized access to or use of Hand Gyn) by any user (or any other third party in any manner); and to enforce this Agreement, for any reason and in any manner or by any means that Hand Gyn, in its sole discretion, deems necessary or appropriate. Hand Gyn may, in its sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time.
ACCOUNT ACCESS AND ELECTRONIC COMMUNICATION
We may assign you a password and account identification to enable you to access and use certain portions of handgyn.com. Each time you use a password or identification, you will be deemed to be authorized to access and use Hand Gyn’s website in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of Hand Gyn. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
When you use handgyn.com, or send e-mails to us, you are communicating with us electronically, you consent to receive communications from us electronically. We will communicate with you by e-mail, phone, text message, push mobile notifications, or by posting notices on handgyn.com, social media platforms, or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
LIMITATION OF LIABILITY
Disclaimer of Endorsement
The listing or display of materials or products of any business, organization, association, or other entity or product or services thereof (hereinafter referred to as the “displayed entities”) on this website does not constitute an endorsement by Hand Gyn, or any of the individual members or managers of said entities. Moreover, the inclusion of any business, organization, association, or other entity on this website does not indicate in any manner that Hand Gyn or its affiliates support, sanction, or verify the information of such entities. Furthermore, through this website you are able to link to other websites over which we have no control. The inclusion of any links does not imply a recommendation or endorse the views expressed within them.
Disclaimer of Formation of Agency Relationship
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
Disclaimer of Omissions
The product and service descriptions on this website are intended as an informational tool only and is being made available as a service. The information and materials contained on this website may contain inaccuracies, errors, or omissions. Hand Gyn and its affiliates expressly disclaim any responsibility or liability for any such inaccuracies, errors or omissions on this website to the fullest extent permitted by law.
Disclaimer of Unavailability
Every effort is made to keep this website up and running smoothly. However, Hand Gyn, and any of the individual members or managers take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
General Disclaimer and Limitation of Liability
You agree that you are making use of the sites, services, products and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis.
Accordingly, to the extent permitted by applicable law, Hand Gyn and its affiliates disclaims all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Hand Gyn and its affiliates responsible, for any damages or losses resulting directly or indirectly from: (I) your use of or your inability to use our sites, services, products and tools; (II) delays or disruptions in our sites, services, or tools; (III) viruses or other malicious software obtained by accessing our sites, services, or tools, or any site, service, or tool linked to our sites, services, or tools; (IV) glitches, bugs, errors, or inaccuracies of any kind in our sites, services, and tools or in the information and graphics obtained from them; (V) service or product delivery errors due to information you provided in your order (VI) the content, actions, or inactions of third parties; and/or (VII) a suspension or other action taken with respect to your account. You expressly agree that your use of the Hand Gyn services and products is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
You will indemnify and hold Hand Gyn, its affiliates and subsidiaries, and their respective officers, directors, members, managers, employees, and agents, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Hand Gyn’s sites, services, or tools, and/or your violation of any law or the rights of a third party.
You and Hand Gyn (and our affiliates and subsidiaries, and our and their respective officers, directors, members, managers, employees, and agents) agree that any claim or dispute at law or equity that has arisen or may arise between us will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of North Carolina, Wake Forest, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Hand Gyn (and our affiliates), except as otherwise stated in this Agreement.
Agreement to Arbitrate
You and Hand Gyn (and its affiliates) each agree that any and all disputes or claims that have arisen or may arise between you and Hand Gyn (and its affiliates) shall be resolved through arbitration.
You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Agreement for the first time. You must mail the Opt-Out Notice to Hand Gyn 213 Simwood Ave, Wake Forest, North Carolina, 27587. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, and the user ID(s) and email address(es) associated with the Hand Gyn account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and Hand Gyn agree that if Hand Gyn or its affiliates make any change to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided Hand Gyn with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the Agreement to Arbitrate is posted on handgyn.com and shall not be effective as to any claim of which you provided Hand Gyn with written notice prior to the date of termination.
Judicial Forum for Legal Disputes
Unless you and Hand Gyn or its affiliates agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or a court order, you agree that any claim or dispute that has arisen or may arise between you and Hand Gyn must be resolved exclusively by a North Carolina court. You and Hand Gyn agree to submit to the personal jurisdiction of the courts located in Wake Forest, North Carolina for the purpose of litigating all such claims or disputes.
ADDITIONAL TERMS AND CONDITIONS OF USE
The content of this website is for your general information and use only. It is subject to change at any time without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with copyright notice.
Unauthorized use of this website may give rise to a claim for damages and may constitute a criminal offense.
Unless stated otherwise in this Agreement, if any of the provisions in this Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on handgyn.com. Our right to amend the Agreement includes the right to modify, add to, or remove terms in the Agreement. Except as stated otherwise in this Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature.
This Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Release, Content, Limitation of Liability, Indemnity and Legal Disputes.