Haulathon Terms of Service
Effective Date: February 19, 2022
Welcome to the Haulathon website (the "Site"), which is owned and operated by Radical Share, LLC. Haulathon provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Site service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Haulathon reserves the right to change this Site and these terms and conditions at any time. You agree to check back often to see if the terms have changed. Any changes to this Agreement will be posted on this page, and a notice will be posted on the Site and/or sent via email. All changes will become effective five (5) business days after notice is given. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USE OF SITE
Subject to the terms and conditions of this Agreement, Haulathon hereby grants you a limited, revocable, non-transferable, non-assignable and non-exclusive license to access and use the Site by displaying it on your personal device only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Haulathon in advance. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any content contained on the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Your unauthorized use of any of the content on the Site may violate copyright, trademark, publicity, privacy, communications, and other laws, and any such use may result in your personal and/or potential criminal liability. Any unauthorized use of any Content or the Site for any purpose is prohibited.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Haulathon in writing. Haulathon reserves the right to refuse service, terminate accounts, refuse to apply promotion and/or coupon codes, and/or cancel orders at its discretion, including, without limitation, if Haulathon believes that customer conduct violates applicable law or is harmful to Haulathon's interests.
This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Haulathon. 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 Haulathon without express written consent. You may not use any meta tags or any other "hidden text" utilizing Haulathon's name or trademarks without the express written consent of Haulathon. Any unauthorized use terminates the permission or license granted by Haulathon. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Haulathon so long as the link does not portray Haulathon, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Haulathon logo or other proprietary graphic or trademark as part of the link without express written permission.
You shall not engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, Haulathon, or other users of the Site. You shall not attempt to gain unauthorized access to the Site, or other computer systems or networks connected to the Site.
You shall not interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Content or insert any code or product to manipulate the Content in any way that adversely affects the Site.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of Haulathon. Product representations expressed on this Site are that of the vendor and are not made by Haulathon.
Haulathon may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Haulathon has no obligation to investigate the authorization or source of any such access or use of the Site. 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 Haulathon of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you visit the Site 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 or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Haulathon, including without limitation, ideas, know-how, techniques, questions, text, files, images, graphics, photos, sounds, music, videos, reviews, comments, suggestions, illustrations, responses, information, content, ratings, reviews, data, personally identifiable information, or other information or materials and the ideas contained therein (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and Haulathon shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, or create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the property of Haulathon and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant Haulathon the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by Haulathon will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Haulathon or third parties as to the origin of any Submissions or Content. Haulathon may, but shall not be obligated to, remove, or edit any Submissions (including comments or reviews) for any reason.
INTELLECTUAL PROPERTY - CONTENT
All text, graphics, button icons, images, audio clips, layouts, databases, photographs, posts, images, pictures, videos, articles, information, instructions, URL’s, and software (collectively, “Content”), belongs exclusively to Haulathon or its Content suppliers. The collection, arrangement, look and feel, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Haulathon. All software used on this Site (the “Software”) is the property of Haulathon or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Haulathon, and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Haulathon, its suppliers, or third parties. The use of any Haulathon trademark or service mark without Haulathon’s express written consent is strictly prohibited. You may not use any Haulathon trademark or service mark in connection with any non-Haulathon product or service or in any way that is likely to cause confusion. You may not use Haulathon’s trademarks or service marks in any manner that disparages or discredits Haulathon, or any of its subsidiaries or affiliates. You may not use any of the Haulathon trademarks or service marks in meta tags without the prior explicit consent of Haulathon.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you upon Haulathon’s delivery of the items to the carrier pursuant to Haulathon’s standard terms of sale.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Haulathon may, without prior notice to you, immediately terminate the Agreement or revoke any or all your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Haulathon shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAULATHON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATIONINTERACETION WITH THE SITE, , TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD PARTY, YOUR FAILURE TO KEEP YOUR SITE ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, YOUR ENGAGEMENT WITH OTHER USERS, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SITE, AND/OR INTERACTION BETWEEN OUR SITE AND ANY THIRD-PARTY SERVICE, BY A TOOL OR SERVICE ON OUR SITE INCLUDING. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. HAULATHON DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAULATHON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS OR ANY THIRD-PARTY PROVIDER OF ANY SERVICE IN CONNECTION WITH THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. HAULATHONS’ 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 HAULATHON DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO HAULATHON’ LIABILITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless Haulathon from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: your breach or alleged breach of these Terms; your Submissions; your use of the Site; your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; any misrepresentation made by you; or any interaction you have with any other user(s). Haulathon reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Haulathon and you agree to cooperate with our defense of any such claim.
Haulathon makes reasonable efforts to ensure information on our site is current and accurate. In the event a product is listed at an incorrect price or with incorrect information (product descriptions, availability, sizing) due to typographical error or error in pricing or product information Haulathon reserves the right to correct any errors and update Site information at any time. Haulathon shall have the right to refuse or cancel any orders placed for product(s) listed with incorrect information or at the incorrect price. Haulathon shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Haulathon shall immediately issue a credit to your credit card account in the amount of the charge.
LINKS TO THIRD PARTIES
This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Haulathon is not responsible for the operation of or content located on or through any such site. Any interactions between you and any third parties on or through the Site are solely between you and the third party. You also agree to indemnify Haulathon against all claims, damages or injury arising out of your use of any third-party service.
Haulathon respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notification and Procedure for Making Claims of Copyright Infringement .
You agree that Haulathon’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Haulathon shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Haulathon may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Haulathon shall be exclusive of any other, whether at law or in equity, including without limitation damages, injunctive relief, attorneys' fees, and expenses.
No instance of waiver by Haulathon of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.
In the event of any controversy or dispute between Haulathon and you arising out of or in connection with your use of the Site, the Submissions, Content, these Terms each party agrees to send a written notice to the other providing a reasonable description of the Dispute and proposed resolution.
Your notice to Haulathon must be sent to:
Attn: Legal Department
5915 Moorland Rd.
New Berlin, WI 53151
Haulathon notice to you:
Our notice to you will be sent to based on the most recent contact information you provide. If no such information exists, or if such information is not current, then we have no obligation under this section.
After notices are received the parties shall attempt, promptly and in good faith, to resolve any such disputes. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to arbitration If we cannot resolve a Dispute within thirty (30) days of receipt of the notice, then to the fullest extent not prohibited by applicable law, any and all disputes between you and Haulathon of any nature or arising out of any transaction or relationship, including but not limited to those related to this Site or these Terms, shall be resolved by arbitration in accordance with the provisions of this Section. BY USING THE SITE AND AGREEING TO ARBITRATION YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. You and Haulathon expressly delegate to the arbitrator the authority to determine the arbitrability of any dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.
You may begin an arbitration proceeding by sending an email to firstname.lastname@example.org or sending a letter requesting arbitration to:
Attn: Legal Department
5915 South Moorland Road
New Berlin, WIL 53051
Disputes will be resolved solely by binding arbitration in accordance with the then-current consumer Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to arbitrate the Dispute, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“ JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Haulathon consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Haulathon to pay a greater portion or all such fees and costs for this Section to be enforceable, then Haulathon will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms; determine any Dispute according to applicable law and facts in the record and no other basis; and issue a reasoned award only in favor of the party seeking relief and only to the extent such relief is warranted by that party’s claim. This arbitration provision shall survive termination of these Terms.
Unless otherwise specified, these Terms constitute the entire agreement between you and Haulathon. If any these Terms, provisions or conditions shall be deemed illegal, invalid, void, or unenforceable for any reason, that provision or condition shall be deemed severable, and the remainder of the Terms shall be unaffected and shall not affect the validity and enforceability of any remaining terms or conditions.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Attn: Customer Service
5915 South Moorland Road
New Berlin, WI 53151
By Email: email@example.com