Expertly Crafted in the USA for Quality Assurance.

UP TO 75%OFF -SAVE BIG SALE!

Terms of service

TERMS AND CONDITIONS OF USE

License to Use hicurvy.com

Unless otherwise stated, Hicurvy and/or its licensors own the intellectual property rights in the website hicurvy.com 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 or other content from hicurvy.com for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  1. Republish material from hicurvy.com (including republication on another website).

  2. Sell, rent, or sub-license material from hicurvy.com.

  3. Show any material from hicurvy.com in public.

  4. Reproduce, duplicate, copy, or otherwise exploit material on hicurvy.com for a commercial purpose.

  5. Edit or otherwise modify any material on hicurvy.com.

  6. Redistribute material from hicurvy.com (except for content specifically and expressly made available for redistribution).

You must not use hicurvy.com in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. Additionally, you must not use hicurvy.com in any way that is unlawful, illegal, fraudulent, harmful, or connected with any unlawful, illegal, fraudulent, or harmful purpose or activity.

Furthermore, you must not use hicurvy.com to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to hicurvy.com without Hicurvy’s express written consent.

Additionally, you must not use hicurvy.com to transmit or send unsolicited commercial communications or engage in marketing-related activities without Hicurvy’s express written consent.

User Content

In these terms and conditions, “your user content” means material (including, without limitation, text, images, audio material, video material, and audio-visual material) that you submit to hicurvy.com, for whatever purpose.

By submitting user content, you grant Hicurvy a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant Hicurvy the right to sub-license these rights and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or Hicurvy or a third party (under any applicable law).

You must not submit any user content to hicurvy.com that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

Copyright

Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of hicurvy.com.

Intellectual Property Infringement Policy

These Terms do not transfer any Intellectual Property rights from us to you.

We retain all proprietary rights to the Site, Content, and all associated Intellectual Property. Your use of the Site is limited to the authorization granted by us. As a User, you are granted a limited, non-exclusive, non-transferable, and revocable right to use the Site and Services to create, display, use, play, and download Content subject to these Terms.

You are not allowed to use our Intellectual Property in any way that may cause us harm or damage our reputation. You may not modify any printed or downloaded Content, nor use any illustrations, photographs, video, audio, or graphics without accompanying text.

  1. Limitation of Liability and Warranty: This section typically outlines the extent to which the service provider (in this case, the website or company) is liable for any damages or issues related to their products or services. It often specifies limitations on liability, disclaimers, and warranty information.

  2. Standard Terms of Sale: These are the terms that apply to the purchase of products or services. They cover aspects such as pricing, payment, delivery, returns, and warranties. It’s essential for consumers to understand these terms before making a purchase.

  3. Governing Law: This section specifies which jurisdiction’s laws will apply to any disputes or legal matters related to the service or product. In your case, it mentions that the laws of the USA will govern the agreement.

Use of Site

  1. Harassment Prohibition: Any form of harassment on the site, including via email or chat, as well as the use of obscene or abusive language, is strictly forbidden.

  2. Impersonation Prohibition: Impersonating others (including hicurvy employees, hosts, or representatives) or other members/visitors of the site is prohibited.

  3. Content Restrictions: Users may not upload, distribute, or publish any content on the site that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable. Such content may encourage criminal offenses or violate the rights of any party.

  4. Commercial Content: Uploading commercial content or using the site to solicit others to join commercial online services or organizations is also not allowed.

Third Party Links

  1. Third-Party Content: The HTTP Web Almanac shows that most websites—around 95%—contain some third-party content. This content is hosted on a shared and public origin, widely used by various sites, and uninfluenced by an individual site owner. Examples of third-party content include images, videos, fonts, and scripts

  2. Independence of Linked Sites: When hicurvy provides links to third-party websites, it does so to enhance user experience. However, hicurvy has no control over these linked sites. Each site operates independently with its own privacy policies, data collection practices, and content. Users access these linked sites at their own risk

Terms of Sale

  1. Offer and Representation: When you place an order on the site, you are making an offer to purchase a product. By doing so, you represent that you are of legal age to form a binding contract and that the information you provide (including payment details) is accurate.

  2. Order Confirmation: Receiving an order confirmation does not automatically mean that hicurvy has accepted your order. They retain the right to refuse requests for any reason.

  3. Verification and Limitations: Prior to accepting an order, hicurvy may verify information. Additionally, they reserve the right to limit the number of items ordered and refuse service without prior notice.

Typographical Errors

  1. Typographical Errors: If a hicurvy product is listed at an incorrect price due to a typographical or systems error, hicurvy reserves the right to refuse or cancel orders for that product at the incorrect price.

  2. Order Cancellation: hicurvy can refuse or cancel orders even after they’ve been confirmed and the credit card has been charged. If an order is canceled due to an incorrect price, hicurvy will issue a credit to the credit card account for the amount of the error.

Pricing Policy / Colors

  1. Pricing Policy: hicurvy aims to offer convenience, service, and product availability online at prices comparable to their affiliate hicurvy stores. However, hicurvy reserves the right to change features, specifications, and prices without notice.

  2. Price Consistency: While merchandise on the site is usually priced the same as in affiliate stores, there may be exceptions (e.g., during promotional events) where prices differ.

  3. Color Accuracy: hicurvy strives to display product colors accurately on the site. However, variations may occur due to external factors like monitor settings.

Enforcement of Terms

  1. Access and Use Agreement: By accessing and using the Site, you agree to be bound by these Terms of Use. These terms apply alongside applicable laws, governed by the State of California, USA.

  2. Remedy for Violations: If you violate the Terms, monetary damages may not be sufficient. You consent to injunctive or other equitable relief as a remedy for such violations.

  3. Legal Proceedings: Any legal proceedings related to the Site, these Terms, or transactions (including product sales) shall occur in state or federal courts of Los Angeles County, California, USA.

DISCLAIMER AND LIMITATION OF LIABILITY

  1. Liability and Responsibility: hicurvy assumes no liability for errors, inaccuracies, or personal injury resulting from accessing and using the site or its services. They are not responsible for third-party websites or products.

  2. “As Is” Disclaimer: The site and its materials/products are provided “as is” without warranties, whether express or implied. No guarantees of merchantability or fitness for a particular purpose are made.

  3. Functionality and Virus Disclaimer: hicurvy does not guarantee uninterrupted or error-free site functions. They also do not warrant that the site or its server is free from viruses or harmful components.

  4. Materials Use Disclaimer: hicurvy makes no representations regarding the correctness, accuracy, usefulness, timeliness, or reliability of the materials on the site.

Arbitration Agreement

In the context of legal disputes, where costs extend beyond mere dollars to include time and energy, both you and hicurvy have agreed to the following dispute resolution procedure for any transaction-related disputes:

  1. Good Faith Settlement Attempt: If a controversy, claim, action, or dispute arises from a transaction on the hicurvy website (or related to the interpretation or validity of this Agreement), the party asserting the dispute must first attempt to settle it in good faith. This involves providing written notice to the other party (via first-class or registered mail) that describes the facts and circumstances of the dispute, along with any relevant documentation. The receiving party then has 30 days to respond or settle the dispute.

  2. Arbitration Provider Selection: If the parties cannot resolve the dispute within 30 days, you and hicurvy agree to select an arbitration provider that accepts consumer disputes (such as AAA or JAMS). The chosen provider’s rules for consumer arbitrations will apply to the proceedings.

  3. Binding Individual Arbitration: Rather than going to court, both parties commit to resolving the dispute through binding individual arbitration. By doing so, you waive the right to a trial by jury and agree not to participate in class action lawsuits or class action arbitration (whether as a named plaintiff or class member). Joint or consolidated lawsuits or arbitration are also excluded.

  4. Federal Arbitration Act: This Arbitration Agreement is governed by and interpreted in accordance with the Federal Arbitration Act.

Indemnification: 

  1. By accessing and using the site, you agree to indemnify, defend, and hold harmless hicurvy and its Service Providers (officers, directors, employees, agents, licensors, and suppliers). This means you’ll cover any losses, expenses, damages, and costs (including attorney’s fees) resulting from violations of the terms or any activity related to your account (including negligent or wrongful conduct) by you or anyone accessing the site using your account.

Denial of Access

  1. Termination of Agreement: These Terms of Use remain in effect unless terminated by hicurvy. If you fail to comply with any term or provision, hicurvy may deny you access to the site.

  2. Denial of Access: If hicurvy denies you access, you are no longer authorized to use the site. The restrictions on copied or downloaded material and the disclaimers and limitations of liabilities still apply.

  3. Comprehensive Agreement: These Terms of Use constitute the entire agreement between you and hicurvy regarding the addressed subject matter.