LAST UPDATED: August 26, 2015
1) Your Acceptance
3) General Use of the Website – Permissions and Restrictions
A. You agree not to distribute in any medium any part of the Website, without HBI’s prior written authorization.
B. You agree not to commercially use the Website without the prior written authorization of HBI in each instance. Prohibited commercial uses include any of the following actions taken without HBI’s express written approval:
I. sale of access to the Website or its related services on another website;
II. use of the Website or its related services and products for the primary purpose of gaining advertising or subscription revenue; and
III. any use of the Website or its related services and products that HBI finds, in its sole discretion, to be in competition with HBI or HBI’s content.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the HBI servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. HBI reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes.
E. We reserve the right to cancel any purchase made via the Website, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or product description or insufficient inventory. If we do cancel a purchase, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy.
4) Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website.
A. The content on the Website, including without limitation, the text, books, CDs, DVDs, software, graphics, forums, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, logos, insignias and other intellectual property contained therein (“Marks”), are owned by or licensed to HBI, subject to copyright and other intellectual property rights under the law. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) which are protected by HBI’s or its licensors’ and licensees’ service marks, trademarks and copyrights. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of HBI. HBI reserves all rights not expressly granted in and to the Website and the Content.
B. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Content for any commercial purposes
C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
D. HBI grants you a limited, revocable, nonsublicensable license to display the Content solely for your personal use in connection with viewing the Website. Any rights not expressly granted herein are hereby reserved by HBI.
5) Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
I. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
II. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
III. Identification of the material that is claimed to be infringing or to be 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 the service provider to locate the material;
IV. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail
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; and
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.
B. HBI’s designated Copyright Agent to receive notifications of claimed infringement is: Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP, 11400 W. Olympic Blvd., 9th Floor, Los Angeles, California 90064. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HBI’s customer service through contact page. You acknowledge that if you fail to comply with all of the requirements of this Section 5(A), your DMCA notice may not be valid.
C. Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification. If we receive a valid counter-notification, we will forward it to you and you must then notify us within 10 business days that you have filed an action seeking a court order to restrain the other party from engaging in the allegedly infringing activity. If we receive such notification from you, we will not restore the material. If we do not receive such notification from you, we may reinstate the material.
6) Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. HBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HBI, ITS LICENSORS AND LICENSEES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE. HBI, ITS LICENSORS AND LICENSEES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, IF ANY, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, IF ANY, AND HBI, ITS LICENSORS AND LICENSEES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES IF SUCH A TRANSACTION TAKES PLACE.
NOTHING STATED OR POSTED ON THE WEBSITE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE DISPENSATION OF MEDICAL ADVICE OR THE PRACTICE OF MEDICINE. ANY WEBSITE MATERIALS, SUCH AS TEXT, GRAPHICS, IMAGES, AND INFORMATION OBTAINED FROM THE WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE WEBSITE IS NOT INTENDED TO OFFER OR BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR OWN PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL CONDITION. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
7) Limitation of Liability
11) Termination of Use
12) Dispute Resolution/Mandatory Arbitration/No Class Actions
For any claim where the total amount of the award sought is $10,000 or less, AAA (or ADR Provider, if applicable), you and HBI must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules and the hearing (if any) will be held in Los Angeles County, California, unless the parties agree otherwise on a specific location.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HBI will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor HBI may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Dispute. Disputes may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or HBI’s individual Disputes. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.