1. Accepting These Terms
The Terms are a legally binding contract between you and H2C. If you live in North America or South America, the contract is between you and H2C; if you live elsewhere, the contract is between you and H2C, a subsidiary of SBC Venture Corporations. We'll just refer to H2C and all of its subsidiaries collectively as “H2C.”
Please note that Section 11. Disputes with H2C, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. *
This contract sets out your rights and responsibilities when you use H2C.Shop, or any of our related URLs of H2C, our mobile apps, and the other services provided by H2C (we'll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you're agreeing to the Terms. If you don't agree with the Terms, you may not use our Services. Agree with us? Great, read on!
2. Other Documents
H2C's Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here's a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our Terms for Sellers. If you list any items for sale through our Services, these policies apply to you.
Our House Rules for Buyers. If you use our Services to browse or shop, these policies apply to you.
Our House Rules for Third Parties. These policies apply to intellectual property owners, H2C API users, affiliates, and anyone requesting information from H2C.
Search and Advertising Ranking Disclosures. This is a concise summary of how H2C organizes search results and advertising results that could include Your Content.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you'll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
Both H2C and sellers process members' personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers' personal information. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer's name and email address when fulfilling another buyer's order, the seller, not H2C, will be responsible for that unauthorized disclosure.
If, however, H2C and sellers are found to be joint data controllers of buyers' personal information, and if H2C is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify H2C for the expenses it occurs in connection with your processing of buyer personal information. See Section 9. Indemnification below for more information about your indemnification obligations to H2C.
4. Your Account with H2C
You'll need to create an account with H2C to use some of our Services. Here are a few rules about accounts with H2C:
- A. You must be 18 years or older to use our Services. Persons under 21 years are not permitted to use H2C or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- B. Be honest. Provide accurate information about yourself. It's prohibited to use false information or impersonate another person or company through your account.
- C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone's intellectual property rights, or otherwise violates the Terms.
- D. You're responsible for your account. You're solely responsible for any activity on your account. If you're sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you're registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- E. Protect your password. As we mentioned above, you're solely responsible for any activity on your account, so it's important to keep your account password secure.
- F. These Terms don't create any agency, partnership, joint venture, employment, or franchisee relationship between you and H2C.
5. Your Content
Content that you post using our Services is your content (so let's refer to it as “Your Content”). We don't make any claim to it, which includes anything you post using our Services (like brand or product names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
- A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you're not infringing or violating any third party's rights by posting it.
- B. Permission to Use Your Content. By posting Your Content through our Services, you grant H2C a license to use it. We don't claim any ownership to Your Content, but we have your permission to use it to help H2C function and grow. That way, we won't infringe any rights you have in Your Content and we can help promote it.
- C. Rights You Grant H2C. By posting Your Content, you grant H2C a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote H2C, your H2C brand, products, or services, or the Services in general, in any formats and through any channels, including across any H2C Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- D. Reporting Unauthorized Content. H2C has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us. If Your Content is alleged to infringe another person's intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We'll notify you if any of that happens.
- E. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don't want posted on H2C's Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services–subject to the Terms and the following restrictions in particular:
- A. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against H2C, another H2C user, or a third party.
- B. You are responsible for paying all fees that you owe to H2C. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. In addition, H2C will calculate, collect, and remit sales tax where applicable.
- D. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- E. The name "H2C" and the other H2C marks, phrases, logos, and designs that we use in connection with our Services (the H2C Trademarks), are trademarks, service marks, or trade dress of H2C in the US and other countries. You cannot use them without our consent or permission.
Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you'll still have to pay any outstanding bills.
Termination By H2C. We may terminate or suspend your account (and any accounts H2C determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it's important to understand that you don't have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, H2C will notify you that your account has been terminated or suspended, unless you've repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
If you or H2C terminate your account, you may lose any information associated with your account, including Your Content.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability
You understand that H2C does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so H2C cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release H2C from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. H2C is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.
If H2C gets sued because of something that you did, you agree to defend and indemnify us. That means you'll defend H2C (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney's fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account's infringement of someone else's rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Others
If you find yourself in a dispute with another user of H2C's Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
H2C will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. H2C has no obligation to resolve any disputes.
Release of H2C. You release H2C from any claims, demands, and damages arising out of disputes with other users or parties.
11. Disputes with H2C
- A. Governing Law. The Terms are governed by the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- B. Arbitration. You and H2C agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect, unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
- Any arbitration or mediation under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and H2C are each waiving the right to trial by jury or to participate in a class action or class arbitration.** Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
- C. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, H2C will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
- D. We are based in Colorado, so any legal action against H2C related to our Services must be filed and take place in Boulder county, Colorado. For all actions under the AAA Rules, the proceedings may be filed where your residence is or at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and H2C agree to submit to the personal jurisdiction of a state or federal court located in Boulder county, Colorado.
- E. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Colorado.
- F. If we make any changes to this “Disputes with H2C” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against H2C prior to the date the changes became effective. H2C will notify you of substantive changes to the “Disputes with H2C” section prior to the date the change will become effective. If you do not agree to the modified terms, you may send H2C a written notification (including email) or close your account. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and H2C in accordance with the provisions of this “Disputes with H2C” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we'll definitely let you know by posting the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and H2C regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at [email protected]
Last updated on Jul 15, 2020