Agreement to Terms of Use

Hesperios LLC owns this website and the services provided through the site (“Website”). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE.
These Terms of Use incorporate our Privacy Policy. In addition to reviewing these Terms of Use, please review our Privacy Policy.

We reserve the right to modify these Terms of Use at any time without prior notice. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to these Terms of Use constitutes your acceptance of the changes.
Ownership of Content

Hesperios owns or licenses all text, graphics, photographs, trademarks, trade names, computer code, and other content used in the Website (“Content”), including the design, structure, selection, coordination, expression, and “look and feel” of such Content.

You may not copy, distribute, translate, upload, download, or transmit any Content used in the Website, except as provided by these Terms of Use and except with regard to your own user-generated content, without Hesperios’s prior written consent. You may not create derivative works based on the website without Hersperios’s prior written consent.

The Website, including the Content used in the Website, is protected by various copyright, trademark, and other intellectual property laws.

You grant Hesperios a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any text, graphics, photographs, or other user-generated content that you post or agree may be posted to the Website. Such user-generated content may be removed from the Website at Hesperios’s sole discretion or as the parties may otherwise agree.

Hesperios may modify the Website, any feature of the Website, or any Content or user-generated content appearing on the Website at any time without prior notice, including content regarding the description and the price of the products appearing on the Website.

Use of Website
You are granted a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide license to access and use the Website for non-commercial purposes, subject to your agreement to and compliance with these Terms of Use.

You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will not disable, damage, or impair the Website or interfere with any other party’s use of the Website. You agree that you will not breach or attempt to breach any security measures employed by the Website. You agree that you will not gain or attempt to gain unauthorized access to the Website, or any systems or networks connected to the Website, including any information contained in the Website or any systems or networks connected to the Website.

You agree that Hesperios has no responsibility for user-generated content. You further agree that Hesperios has the right to delete any user-generated content, including because Hesperios believes, in its sole discretion, that such content may be infringing, inaccurate, inappropriate, or a threat to the security of the Website. You agree that Hesperios has no liability for deleting any user-generated content.

You agree that you will not modify the Website in any way without Hesperios’s prior written consent, except to post user-generated content. You agree that you will not modify or remove any proprietary rights or attribution notices on the Website, including any copyright, trademark, or similar notices.

You agree that, if you violate any of the above provisions, Hesperios may terminate or suspend your access to the Website.

Account Information
You will be required to open an account and enter your account information (including a username and a password) to post user-generated content and make purchases using the Website. You agree that you are responsible for maintaining the security of your account information, and you agree to accept responsibility for all activities that occur under your account as a result of your failure to keep your account information secure. You agree that Hesperios is not responsible for third party-access to your account resulting from misappropriation of your account information. You agree to immediately notify Hesperios of any unauthorized use of your account information.

You agree that you will not use any other person’s account information without that person’s prior written consent.

You agree that, if you violate any of the above provisions, Hesperios may cancel or suspend your account and/or change your account information without notice.

Purchases
Hesperios sells certain products through the Website. Purchases must be made by adults using a valid credit card. By purchasing products through the website, you represent that you are an adult and that you are authorized to make the purchase using the credit card information you provide.

You agree that you will pay for all products you purchase through the Website, and that we may charge your credit card for any products purchased and for any additional amounts that may be applicable to your purchases (including sales taxes and shipping fees), as set forth on the checkout page you will see before authorizing payment. Sales taxes are determined by your shipping address. You are responsible for choosing your desired shipping option during the checkout process. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR ALL FEES.

Prices for products offered through the Website may change at any time.

All sales are final, subject to the following provisions.

If a product cannot be delivered at the expected time, or if delivery is unreasonably delayed, your remedy is delivery of the product at a later date or refund of the purchase price.

If a product arrives in damaged condition, you may be entitled to a full or partial refund. Refunds may be requested by calling Customer Service at +1 929.371.3031 or +1 929.371.3032 or by sending an email to sales@hesperios.com.

Unsolicited Suggestions
Hesperios welcomes feedback concerning the Website, but we cannot treat unsolicited suggestions regarding improvements, changes, or other modifications to the Website as confidential or proprietary. You agree that Hesperios is under no obligation to treat such suggestions as confidential or proprietary.

Third-Party Websites
The Website may contain links to third-party websites (“Linked Sites”). You agree that Hesperios is not responsible or liable for the content of any Linked Sites, for the terms of use or privacy policies of any Linked Sites, or for any actions or inactions on the part of any Linked Sites.

International Users
Persons who access the Website from outside the United States agree that they are responsible for compliance with all local laws relevant to the use of the Website, regardless of the specific provisions of these Terms of Use.

Disclaimers
HESPERIOS DISCLAIMS ALL WARRANTIES REGARDING THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HESPERIOS MAKES NO PROMISES THAT THE WEBSITE, OR ANY PART OF FEATURE OF THE WEBSITE, WILL BE ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. HESPERIOS MAKES NO PROMISES THAT THE WEBSITE WILL BE UNINTERRUPTED OR WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATION.
THE WEBSITE IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

HESPERIOS DISCLAIMS ANY AND ALL LIABILITY FOR YOUR USE OF THE WEBSITE. HESPERIOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE.

Limitations on Liability
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE WEBSITE, OR ANY HARM YOU CLAIM TO HAVE SUFFERED AS A RESULT OF USING THE WEBSITE, IS TO STOP USING THE WEBSITE. YOU AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, HESPERIOS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, OR ANY COSTS OR ATTORNEY’S FEES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF HESPERIOS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU AGREE THAT THESE LIMITATIONS ON LIABILITY ARE A PART OF THE BARGAIN BETWEEN THE PARTIES.

Notwithstanding the above, you agree that, if Hesperios is found to be liable to you as a result of your use of the Website, our liability to you will be limited to obtaining injunctive relief, except where prohibited by law.

Indemnification
You agree to indemnify, defend, and hold harmless Hesperios and its shareholders, directors, officers, employees, agents, successors, and affiliated companies from any demands, claims, fines of third parties, and from any liabilities, costs, and expenses, including reasonable attorney’s fees, incurred by Hesperios as a result of your use or misuse of the Website.

Remedies
Hesperios reserves the right to take legal action against you as a result of your violation of these Terms of Use. Any violation of these Terms of Use would cause Hesperios irreparable harm and, as a result, you agree that Hesperios is entitled to obtain injunctive relief to remedy such violation in addition to any other relief to which Hesperios is entitled. You also agree that, if Hesperios prevails in any action against you for violating these Terms of Use, Hesperios is entitled to recover, and you will pay, all reasonable costs and attorney’s fees incurred by Hesperios in connection with such action in addition to any other relief to which Hesperios is entitled.

Copyright Infringement Notices
If you believe that anything on the Website constitutes infringement of your copyrights, please send us a copyright infringement notice (otherwise known as a “takedown notice”) as set forth below.
To file a copyright infringement notice with Hesperios, please send us a written communication that includes:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed and information reasonably sufficient to permit Hesperios to locate the material (such as the URL for the work claimed to have been infringed).
Information reasonably sufficient to permit Hesperios to contact you (such as an email address, physical address, or telephone number).

A statement that the complaining party has a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will promptly investigate such notices and advise you of the action taken.

All such notices should be sent to the mailing address in the “Contact Us” section of these Terms of Use or to info@hesperios.com.

Miscellaneous
You agree that these Terms of Use constitute the entire agreement between Hesperios and you with respect to the Website. These Terms of Use cannot be modified, except by written agreement of the parties.
You agree that, if any provisions of these Terms of Use are held to be void or unenforceable, such provisions will be eliminated or modified to the extent necessary to give effect to the intent of these Terms of Use, and the remaining terms will remain in full force and effect.

You agree that Hesperios’s failure to insist on strict compliance with these Terms of Use will not constitute a waiver of any provision of these terms or any rights under these terms.

You agree that, to the extent permitted by law, these Terms of Use are governed by the laws of the State of New York and the laws of the United States, and you consent to personal jurisdiction and venue in the state and federal courts of New York in connection with all disputes relating to the Website.

In the event of any dispute between Hesperios and you relating to the Website, the parties will attempt, promptly and in good faith, to resolve the dispute. If the parties are unable to resolve the dispute within a reasonable time, not to exceed 30 days, then the parties may agree to submit such dispute to mediation or arbitration. If the parties do not agree to submit the dispute to mediation or arbitration, or if the dispute cannot be resolved through mediation or arbitration, then the parties are free to pursue any right or remedy available to them under applicable law.

In the event of any claim under these Terms of Use, the claim must be brought within one year of when the claim arises, or such claim is barred.

Contact Us
If you have any questions, comments, or concerns, we can be contacted at:
Hesperios, LLC
49 Bleecker Street #604
NY NY 10012
+1 929.371.3031
+1 929.371.3032
info@hesperios.com

Updated: June 13, 2016