Terms and Conditions
1. TERMS; ACCEPTANCE
Welcome to Hellcat5.com These terms & conditions (“T&Cs”) are offered to you by Hellcat5.com and its affiliates (“Hellcat5.com”), and govern your use as a visitor to www.hellcat5.com and / or other websites managed by Hellcat5.com that reference the T&Cs (the “Hellcat5.com Sites”). Please read these T&Cs carefully. By using, accessing and / or visiting the Hellcat5.com Sites, you accept and agree to these T&Cs. If you do not accept and agree to the T&Cs, you should immediately stop using, accessing, and / or visiting the Hellcat5.com Sites.
We reserve the right to make changes at any time to the Hellcat5.com Sites, these T&Cs, our policies, and/or terms applicable to a service, registration, sign up, opt-in, or download. We will notify you of any material changes to the T&Cs by posting the new T&Cs on the Hellcat5.com Sites. Please consult these T&Cs regularly for any changes. The date of the last revision appears at the top of the T&Cs. Your use of the Hellcat5.com Sites following any changes to the T&Cs will signify your acceptance of the revised terms.
3. ACCESS TO AND USE OF THE Hellcat5.com SITES
Subject to these T&Cs, Hellcat5.com grants you a limited license to access and use the Hellcat5.com Sites for your personal, non-commercial use. However, except as otherwise provided in these T&Cs, the content of the Hellcat5.com Sites is owned by or licensed to Hellcat5.com, and protected by various intellectual property and other laws. Consequently, without our express written consent, you may not download (other than through page caching) or modify Hellcat5.com Sites or any portion thereof, or reproduce, distribute, duplicate, copy, display, sell, mirror, or otherwise exploit the Hellcat5.com Sites or any portion thereof. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of hellcat5.com so long as the link does not portray Hellcat5.com or hellcat5.com in a false, misleading, derogatory, or otherwise offensive matter. You may not use any meta-tags or any other “hidden text” containing Hellcat5.com or Hellcat5.com’s name or trademarks to reference the Hellcat5.com Sites without our express written consent. You may not use disguised referrals to link to any Hellcat5.com Site. Without our prior written consent, you may not exploit the Hellcat5.com Sites or any content appearing therein for commercial purposes. If you are under age 13, you may use the Hellcat5.com Sites only with involvement of a parent or guardian. Any unauthorized use of the Hellcat5.com Sites or use in violation of these T&Cs terminates this limited license.
4. REVIEWS AND COMMENTS; PROHIBITED CONDUCT; NO OBLIGATION FOR Hellcat5.com TO MONITOR; ELECTRONIC COMMUNICATIONS
The content you post may not be illegal, obscene, offensive, racist, sexist, hateful, threatening, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable to Hellcat5.com in its sole discretion, and shall not consist of or contain software viruses, political campaigning, commercial solicitation, advertisements, chain letters, mass mailings, or any form of “spam.”
Hellcat5.com takes no responsibility and assumes no liability for any content posted by you or any third party. Hellcat5.com may monitor, review or edit such content you or others post or submit, but is not obligated to do so.
When you visit a Hellcat5.com Site or send e-mails to us, you are communicating with us electronically and therefore consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Hellcat5.com Sites. 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.
A. Hellcat5.com STORE
B. PRODUCTS, SERVICES, AND SUPPORT DESCRIPTIONS
We attempt to be as accurate as possible in the descriptions of our products, services, and support services. However, we do not warrant that any product, service, and/or support descriptions or other content on the Hellcat5.com Sites is accurate, complete, reliable, current, or error-free. If you purchase a Hellcat5.com product either through the webstore on hellcat5.com or through an authorized retailer, and you believe it is not as described on the Hellcat5.com Sites, or you believe you have not received support for your product as provided in the Limited Warranty, your sole remedy is to return the product in accordance with our Return Policy.
C. LIMITED WARRANTY
For information about the Limited Warranty for Hellcat5.com products, please visit this link.
D. RETURN POLICY
For information about the Return Policy for Hellcat5.com products, please visit this link.
E. USER ACCOUNTS
To obtain access to enhanced features for certain services and / or products, and/or access to certain features or promotions on the Hellcat5.com Sites, at your option you can register for an account. If you register, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password, and to notify Hellcat5.com immediately of any unauthorized use. Hellcat5.com reserves the right to refuse service or terminate accounts if you fail to adhere to these T&Cs or any additional terms that may apply to these services, at Hellcat5.com’s reasonable discretion.
We take reasonable precautions to ensure the safety and integrity of any content we make available for you to download. However, the use of downloaded software or other materials from the Hellcat5.com Sites is entirely at your own discretion and risk. You are solely responsible for any damage to your computer system or loss of data that results from use of any such download. We assume no liability whatsoever for any viruses, Trojan horses, malicious adware, spyware, or other potentially harmful components arising out of or in connection with a download from the Hellcat5.com Sites. Additionally, we cannot be made responsible, under any circumstances or to any extent, for any software or material pertaining to Hellcat5.com or its products and / or services, which is downloaded from sites or sources outside the Hellcat5.com Sites.
Hellcat5.com provides customer support services (“Support Services”) in accordance with these T&Cs, the terms and conditions indicated in your warranty, and as may be supplemented on the Support Services site here [LINK TO SUPPORT FORUM]. Hellcat5.com will use commercially reasonable efforts to provide the Support Services in a professional manner, but cannot guarantee that every question or problem raised by you can or will be resolved.
7. INTELLECTUAL PROPERTY MATTERS
All content included on the Hellcat5.com Sites, such as text, graphics, logos, button icons, images, and software, and the compilation thereof are, unless otherwise stated, the property of Hellcat5.com and / or its licensors and protected by United States and international copyright laws and other laws and regulations. All software and other materials available for download from the Hellcat5.com Sites are, unless otherwise stated, the property of Hellcat5.com and protected by United States and international copyright laws.
“Hellcat5.com”, the Chat Bubble Logo, the names of Hellcat5.com products, and other graphics, logos, page headers, button icons, scripts, and service names may be trademarks, registered trademarks, or trade dress of Hellcat5.com You may not use the foregoing in any manner that disparages or discredits Hellcat5.com or is likely to cause confusion among customers. You may not use Hellcat5.com’s trademarks and/or trade dress in connection with any product or service without our express written consent.
C. USER FEEDBACK AND UNSOLICITED IDEAS
If you have feedback on how we can better improve our services, you are welcome to email our official feedback channel at firstname.lastname@example.org. Any feedback you provide is deemed to be non-confidential and non-proprietary. Hellcat5.com shall be free to use such information on an unrestricted basis.
Outside of the above-mentioned feedback avenue, Hellcat5.com does not accept or consider unsolicited ideas, including (without limitation) ideas for new or improved products or technologies, product enhancements, collaterals, processes, materials, new advertising campaigns, promotions, marketing plans or new product names (each an “Unsolicited Idea”). Kindly refrain from sending any Unsolicited Ideas in any form to Hellcat5.com or its employees. This policy is necessary to avoid potential misunderstandings or legal disputes in event of any similarity of Hellcat5.com’s products, services or activities to an Unsolicited Idea.
If you decide to relay an Unsolicited Idea despite the above notice, you shall be deemed to agree as follows: (1) the Unsolicited Idea is not confidential or proprietary to yourself or any third party; (2) Hellcat5.com owes neither you nor any third party any obligation (including compensation) in relation to the Unsolicited Idea; (3) Hellcat5.com has full discretion and liberty as to the use, retention or dissemination of the Unsolicited Idea for any purpose and in any manner; and (4) you shall indemnify and hold harmless Hellcat5.com from all liabilities, damages, losses, costs and expenses arising from Hellcat5.com’s use of the Unsolicited Idea.
D. DIGITAL MILLENIUM COPYRIGHT ACT
Hellcat5.com respects the intellectual property rights of others. If you believe that your copyrighted work is posted or made available on the Hellcat5.com Sites without your authorization and you claim infringement, then as outlined in 17 USC 512(c) you should provide the following information to us:
(i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(ii) identification of the copyrighted work claimed to have been infringed.
(iii) identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hellcat5.com to locate the material.
(iv) information reasonably sufficient to permit Hellcat5.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hellcat5.com’s Agent for notice of claims of copyright infringement is
6412 Marathon Edenton Road
Blanchester, Ohio 45107-8814
By email: email@example.com
The copyright agent will not respond to inquiries not relevant to copyright.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE Hellcat5.com SITES AND ALL CONTENTS THEREON IS AND SHALL BE AT YOUR SOLE RISK. THE Hellcat5.com SITES AND ALL CONTENTS THEREON ARE PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hellcat5.com AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE Hellcat5.com SITES, ALL CONTENTS THEREON, AND SUPPORT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. Hellcat5.com MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THE Hellcat5.com SITES OR OF SITES LINKED TO THE Hellcat5.com SITES, AND DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED BY A THIRD PARTY THROUGH THE Hellcat5.com SITES OR ANY HYPERLINKED WEBSITES. Hellcat5.com ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY BUGS, VIRUSES, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE Hellcat5.com SITES, FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED THAT RESULTS FROM THE USE OF ANY CONTENT MADE AVAILABLE IN ANY WAY THROUGH THE Hellcat5.com SITES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Hellcat5.com, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO OR INABILITY TO ACCESS OR USE THE Hellcat5.com SITES (INCLUDING THE SERVICES AND SUPPORT SERVICES OFFERED ON THE Hellcat5.com SITES OR DOWNLOADABLE MATERIALS), EVEN IF Hellcat5.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Hellcat5.com’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or other limitations set forth above, so the above limitations or exclusions may not apply to you.
A. GOVERNING LAW
By using a Hellcat5.com Site, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these T&Cs and any dispute of any sort that might arise between you and Hellcat5.com from your use of the Hellcat5.com Sites.
Any dispute relating in any way to your visit to the Hellcat5.com Sites shall be submitted to confidential arbitration in Blanchester, Ohio, except that, to the extent you have in any manner violated or threatened to violate Hellcat5.com’s intellectual property rights, Hellcat5.com may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
C. ENTIRE AGREEMENT; SEVERABILITY; WAIVER; ASSIGNMENT
These T&Cs and other legal notices published by Hellcat5.com on the Hellcat5.com Sites applicable to an activity you engage in shall constitute the entire agreement between you and Hellcat5.com concerning the Hellcat5.com Sites. If any of the provisions of these T&Cs shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any of the remaining provisions of these T&Cs, which shall continue in full force and effect. No waiver shall be deemed a further or continuing waiver, and Hellcat5.com’s failure to assert any right under these T&Cs shall not constitute a waiver of such right. You agree that any cause of action arising out of or relating to the Hellcat5.com Sites must commence within one (1) year after the cause of action arises, and otherwise is permanently barred. You may not assign or transfer these T&Cs, but Hellcat5.com may assign the T&Cs without restriction.
You agree to indemnify, defend and hold Hellcat5.com, its affiliates, officers, directors, employees and agents harmless from and against any loss, cost, damages, liability and expense arising out of or relating to your use of the Hellcat5.com Sites and/or any action by you which violates any law, regulation or rights of a third party.
E. LINKS TO THIRD PARTY WEBSITES
The Hellcat5.com sites may contain links to third-party websites. You acknowledge and agree that Hellcat5.com does not control such websites and is not responsible for their contents or policies, and that the links are provided for convenience and do not represent an endorsement by Hellcat5.com of the third-party websites. If you access such websites via the links, you do so at your own risk.
Without prior notice, Hellcat5.com may terminate your license to access the Hellcat5.com Sites and/or your user account if you violate or breach the T&Cs or for any other reason, including Hellcat5.com’s discontinuance of the Hellcat5.com Sites. In the event of termination, provisions on prohibited conduct, electronic communications, user accounts, downloads, user feedback and unsolicited ideas, disclaimer of warranty, limitation of liability, and miscellaneous provisions shall survive.