TERMS OF USE OF OUR WEBSITE
PLEASE READ THESE TERMS OF USE OF OUR WEBSITE ("Terms") CAREFULLY. YOUR USE OF THE WEBSITE SIGNIFIES YOUR AGREEMENT TO BE BOUND BY THESE TERMS.
Hurley.com is operated by Branded Online Inc. These Terms apply to and govern your use of Hurley.com and any authorized user of your account. If you do not agree to be bound by these Terms, you may not access or otherwise use Hurley.com. Before using Hurley.com, please review the Privacy Policy.
LICENSE TO USE HURLEY.COM
This site, including all of its contents, such as text, images and the HTML used to generate the pages, is our property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Hurley grants you a non-exclusive, non-transferable, limited right to access, use and display Hurley.com and the materials thereon for your personal use only, provided that you comply fully with these Terms. You will not interfere or attempt to interfere with the operation of Hurley.com in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs or any other means expressly prohibited by any provision of these Terms.
You understand and agree that you may not reproduce, copy, resell, manipulate or exploit any part of Hurley.com for any commercial purpose, nor may you frame or mirror any part of Hurley.com without Hurley's prior written authorization. Further, you may not create derivative works from, republish, upload, edit, post, transmit or distribute in any way whatsoever any materials from Hurley.com without the prior written permission of Hurley.
In turn you grant Branded Online Inc. its wholly owned subsidiaries and third party service providers who provide content management services and its retail partners, if any (collectively, the "Licensed Parties") a royalty-free, transferable, non-exclusive license to use, copy, reproduce, adapt, translate and distribute any content your provide us or post on this Site for any purpose, commercial, advertising, or otherwise, throughout the world in any media.
CHANGES TO HURLEY.COM AND/OR TERMS
Hurley reserves the right, at its sole discretion, to change, modify, add or remove any portion of Hurley.com or these Terms, in whole or in part, at any time. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of Hurley.com after any changes to these Terms are posted will be considered acceptance of those changes.
TRADEMARKS, COPYRIGHTS & RESTRICTIONS
The Hurley logo, Hurley.com and associated designs, text, graphics and code are the intellectual property of HRLY Brand Holdings LLC. and affiliates. Other trademarks, service marks, logos, images or domain names used on Hurley.com (including, without limitation, the individual names of movies, television programs or other entertainment shows and domain names), where not the property of HRLY Brand Holdings LLC. are the trademarks, service marks, logos and/or domain names of their respective owners ("Third Party Marks"). You agree that you will not challenge the respective ownership rights of HRLY Brand Holdings LLC or any third party in or to their respective Marks, and that you will not register or attempt to register any trademark, service mark, logo and/or domain name that is identical or confusingly similar to any of Hurley's Marks or Third Party Marks. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649 and 6,029,142.
LINKED SITES
Hurley is not necessarily affiliated with sites which may be linked to or from Hurley.com or the multimedia piece (the "Linked Sites") and is not responsible for their content. Links from Hurley.com to the Linked Sites are for your convenience only and you access them at your own risk.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
NON-UNITED STATES RESIDENTS
Hurley makes no representation that Hurley.com, including merchandise offered for sale and their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States of America or Canada. Those who choose to access Hurley.com from locations outside of the U.S.or Canada do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
RULES AND LIMITS ON USE OF THE SITE
We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. Hurley is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016.
SPECIFIC PROHIBITED USES
The Site may be used only for lawful purposes by individuals using authorized services of Hurley. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Hurley specifically prohibits any use of the Site, and requires all users to agree not to use the Site in violation of Hurley's Terms of Use, Customer Ratings and Reviews Terms and Conditions and/or Reviews Guidelines or for any of the following:
SECURITY RULES
Violations of system or network security may result in civil or criminal liability. Hurley will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
USER GENERATED CONTENT
We are not responsible for the content users post on this Site. You accept sole responsibility for any material you may submit via the Site including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Site. You may not upload to, post, transmit, distribute or share User Generated Content or "UGC" on this Site that you did not create or that you do not have permission to share. You may not post or upload to this Site any content that violates our Customer Ratings and Reviews Terms and Conditions or our Reviews Guidelines. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect our opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree that you have granted Hurley a royalty - free transferable, non - exclusive license to use, distribute and share the UGC for promotions and marketing purposes. You also understand and agree we have the rights set forth in our Consumer Ratings and Reviews Terms and Conditions, but no obligation to modify or remove Site Content or UGC. Hurley is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016.
USER SUBMISSIONS
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "User Submissions") to your social media accounts. By posting and uploading User Submissions that you have tagged with #Hurley or other hashtags that Hurley uses, you grant to Hurley stores, inc., its third-party service providers who provide content management services, and its retail partners, if any, (collectively, the "Licensed Parties") a royalty- free, transferable, non - exclusive license to use your Hurley-tagged User Submissions in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on their webpages, social media pages operated by Hurley, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, and/or combine with other materials, your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties a royalty free, transferable, non-exclusive license to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party, any law or Hurley's Customer Ratings and Reviews Terms and Conditions or Review Guidelines. You hereby release, discharge and agree to hold Hurley, the Licensed Parties, and any person acting on Hurley's or their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions. Hurley is not reserving any rights that exceed its rights under the Consumer Fairness Act of 2016.
DISCLAIMER OF WARRANTY
(A) USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT THEIR SOLE RISK. NEITHER HURLEY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSEES, IF ANY, WARRANT (1) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, (2) THAT ANY ERRORS WILL BE CORRECTED, (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE. (4) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (5) THAT THE SITE, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON,
(B) HURLEY.COM, THE SOFTWARE AND OUR SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.
(D) In no event will Hurley or any person or entity involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.
(E) Hurley neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the online service.
(F) Hurley does not endorse, warrant or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Hurley BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE, EVEN IF Hurley HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Hurley's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING Hurley.com.
INDEMNIFICATION
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site that violate Hurley's Customer Ratings and Reviews Terms and Conditions or Review Guidelines.
RULES FOR SWEEPSTAKES, CONTESTS & GAMES
Any sweepstakes, contests or games accessible through Hurley.com are governed by specific rules. By entering such sweepstakes or contests or by participating in such games, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to Hurley.com, including any information submitted in connection with such sweepstakes, contests and games. Hurley.com and the multimedia pieces are not intended for use by children under 15 years of age.
TAXES
U.S. TAXES
Hurley.com honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. Except as otherwise noted below, we are required by law to charge tax where applicable. Orders that will be delivered to Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Missouri, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, Washington and Wisconsin may be subject to such tax depending on their individual requirements.
There is no tax for orders delivered to addresses in Alaska, Arkansas, Delaware, Idaho, Iowa, Maine, Mississippi, Montana, Nebraska, New Hampshire, North Dakota, Oklahoma, Oregon, South Dakota, Vermont, West Virginia and Wyoming. Please note that order totals at checkout reflect estimated tax. The actual charge to your credit card will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.
CANADA TAXES & DUTY
Canada taxes and duty are calculated separately from shipping costs. If you are placing a Canadian order, your tax amount will include national taxes and provincial taxes determined by your location. Duty is tax imposed on imports by the Canadian Customs Authority. Duty rates vary based on the type of products you are importing and the country they came from or were made in. Customer is in charge of paying for taxes and duties independently upon delivery.
RATINGS & REVIEWS
The goal of ratings and reviews on Hurley.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, YOU are in the best position to provide a first-hand review our products. We appreciate your time in sharing your thoughts and opinions.
GUIDELINES
Reviews are limited to 1,000 characters and require a rating selection to submit.
Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.
Your review should be focused on the product: features, characteristics and performance vs. any purchase or delivery experiences.
Focus on information you think would be helpful for others in their purchasing decisions.
Please ensure you comply completely with all the guidelines. Hurley will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.
RESTRICTIONS
To write a review you must:
We cannot publish reviews that contain:
Please also note that independent contractors and employees are not eligible to submit a review. If a review is submitted that contains any of the above, Hurley reserves the right to:
Your personal details will not be used or passed on to any third parties.
SOCIAL RESPONSIBILITY
Commitment to Helping Combat Human Trafficking, Child or Involuntary Labor and Worker Abuse While Hurley does not own any of its own manufacturing facilities, Hurley believes it is very important to continually try to assess, understand and, where needed and appropriate, positively affect the working conditions which exist for those people who work on Hurley product. Part of our efforts in this regard are designed to help ensure that contract factories which work on Hurley product are compliant with local labor laws and that we are doing our part to combat child labor, slavery and human trafficking. Such efforts include, but are not limited to, the following:
Hurley vendor suppliers are asked to sign our purchase agreement (which includes acknowledgment of Hurley's Vendor Business Ethics Policy and Hurley's Vendor Manual), which (among other requirements) requires their compliance with all local labor laws, forbids the use of child and involuntary labor of any kind, forbids the use of physical or mental abuse, requires they are subject to our routine social compliance audits and requires that their contracting facilities are also similarly bound to the above requirements; and Hurley FOB suppliers are required to complete a detailed Security Questionnaire and are provided with a Best Practices Manual (both relating to cargo security) during their vendor on-boarding process.
If any social compliance audits required of our vendors' contract factories report a failure or a need for corrective action, Hurley and its vendor follow up with the offending supplier to ensure that the problem has been remedied. If any such failure is not remedied, Hurley will not work with the offending factory/supplier until remedied. Both Hurley and its auditing contractor maintain updated records, and for a certain period of time, in order to help ensure the integrity of this process.
Hurley also encourages its employees and management who have direct responsibility for supply chain management to obtain training on how to mitigate risk associated with human trafficking and slavery. Such training includes attending supply chain seminars and webinars offered by independent companies.
CONFLICT MINERALS POLICY
Hurley is working to ensure compliance with Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Act"). The purpose the Act is to address and eliminate the violent conflict in the Democratic Republic of the Congo and its neighboring adjoining countries (the "Covered Countries") where armed groups are using local mining proceeds to fund regional conflict and engage in human rights abuses. The Act currently defines Conflict Minerals as: columbite-tantalite (tantalum), cassiterite (tin), wolframite (tungsten), and gold ("Conflict Minerals"). This list may expand to include other minerals or their derivatives, as determined by the U.S. Secretary of State.
Pursuant to the Act as well as other related rules of the U.S. Securities and Exchange Commission (the "SEC"), publicly traded companies, like Hurley, are required to annually report to the SEC, the presence of any Conflict Minerals, originating in the Covered Countries, in the products it manufactures or contracts to manufacture and whether the Conflict Minerals are necessary to the functionality or production of the products. Hurley is working on a due diligence program, consistent with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas, to meet these regulatory requirements.
Hurley expects the vendors who are part of our supply chain to comply with our due diligence program by providing complete and timely responses to surveys and other inquiries. Hurley encourages those involved in our supply chain to adopt similar policies and systems to help eliminate illegal mineral trade, regional conflict in the Covered Countries, and human rights abuses. Hurley is committed to sourcing our materials from companies who share our values of social responsibility and is working diligently to ensure full compliance with the Act.
As recommended by the OECD Due Diligence Guidance, Hurley has established a grievance mechanism in the event any conflict mineral issues arise. When seeking guidance and/or reporting concerns, the following contacts and reporting option is available to you:
Nogin
Attn: Hurley Compliance Team
1775 Flight Way, Suite 400
Tustin, CA 92782
Alternatively, you may report information via the Compliance Hotline at 866-232-3199.
INACCURACY DISCLAIMER
From time to time there may be information on Hurley.com that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Hurley.com purchase, please see our Returns policy.
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts of Orange County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
COPYRIGHT POLICY AND COMPLAINTS
Hurley respects the intellectual property of others. If you believe that your work has been copied in any manner that constitutes copyright infringement or infringes on other intellectual property rights, please provide Hurley's copyright agent the written information specified below:
Hurley's Copyright Agent for notice of claims of copyright infringement on Hurley.com can be reached at:
Nogin
Attn: Hurley Legal Team
1775 Flight Way, Suite 400
Tustin, CA 92782
Please note that this is the exclusive procedure for notifying Hurley and its affiliates and subsidiaries that your copyrighted material has been infringed.
JURISDICTIONAL ISSUES
Hurley.com is controlled by Hurley from its offices within the State of California, United States of America. Hurley makes no representation that materials on Hurley.com are appropriate or available for use in other locations.
You agree that the laws of the state of California excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Hurley or relating in any way to your use of the Site resides in the state and federal courts of Orange County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Orange County, California.
TERMINATION
You understand and agree that Hurley may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that Hurley may take any one or more of these actions without prior notice to you. You understand and agree that Hurley shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account. Hurley is not reserving any rights that exceed its rights under the Consumer Review Fairness Act of 2016.
NOTICES
Hurley in its discretion, may provide you with notice(s)via email, regular mail and/or it may use other reasonable method(s). The Site may also provide notice(s) of changes to the Terms or other matters by displaying notices or links to notice(s) to you on the Site and/or it may use other reasonable method(s).
HOW TO CONTACT US
If you would like to contact us for any reason, please write us at:
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Attn: Hurley Online Store
1775 Flight Way, Suite 400
Tustin, CA 92782
GENERAL INFORMATION
The Terms constitute the entire agreement between you and Hurley and govern your use of the Site, superseding any prior agreements between you and Hurley. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between Hurley and you as a result of this Agreement or your use of the Site.
Any claim or cause of action you may have with respect to Hurley or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Hurley to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.
The Terms inure to the benefit of Hurley's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
PROMOTIONS:
Sign-up offer for Email & SMS for 15% Off your next order on Hurley.com. One time use only. Only valid on Hurley.com. To redeem, enter the code mentioned in the email or text message received at checkout. Not valid on selected best sellers & new arrivals, wetsuits, collaborations, Paddle Boards, E-bikes, E-Scooters, and any other product categorized as Gear. Cannot be used in conjunction with any other discount or offer. Other restrictions may apply.
All promotion on Hurley.com exclude selected best sellers & new arrivals, wetsuits, collaborations, Paddle Boards, E-bikes, E-Scooters, and any other product categorized as Gear. Cannot be used in conjunction with any other discount or offer. Other restrictions may apply. Offer cannot be applied to gift cards or prior purchases and may not be combined with any other offers. Hurley reserves the right to modify or end this promotion at any time. All Offers on Hurley.com. can only be used on Hurley.com.
SMS Marketing:
EFFECTIVE DATE
These Terms of Use are effective as of April 1st, 2020