Thank you for visiting HDMHApparel.com Website (the “Site”). The Site is owned by HDMH Apparel (“We” and “Us”). We want each visitor to the Site (“You”) (i.e. any natural person acting on the Site with purposes having no relationship to his/her commercial or professional activity) to have a beneficial visit, so we have created the following Terms and Conditions of Use so that You know what to expect.
These Terms and Conditions of Use are applicable to any use of the Site and to any agreements and/or finalized purchases conducted between You and Us through the Site. If You do not agree to these Terms and Conditions Of Use, You cannot use this Site and/or purchase any products through this Site. We may make periodic changes to the Site, these Terms and Conditions of Use, and/or the policies and conditions that govern the use of the Site at any time. You are encouraged to review the Site and the Terms and Conditions Of Use periodically for any revisions or modifications. Your continued access and/or use of the Site shall be deemed to be Your acceptance of these changes to the Terms and Conditions of Use.
Any conduct by You that, in our sole discretion, prevents or inhibits any other user from utilizing the Site will not be permitted. You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site unless You first obtain our express written consent to do so. You agree not to access the Site by any means other than through the interface that is provided by us for use in accessing the Site.
Trademarks & Intellectual Property
The “Marcus Stroman,” “Height Doesn’t Measure Heart,” and “HDMH” trademarks and any and all other graphics, logos, and service names used on the Site by Us are the trademarks of Marcus Stroman. All other logos, descriptions and marks on this site are the property of their respective owners. None of the trademarks on the Site may be used in connection with any third-party products or services or in any manner that disparages or discredits any of the trademarks.
You may also not infringe on any of the intellectual property rights associated with the manufacture, design, branding and packaging of any products advertised on the Site nor introduce any modifications to the products supplied by Us unless the nature of the delivered product dictates otherwise. Additionally, use of the Site does not constitute a license to use or alter in any way, any of the trademarks owned by Us or our licensors. All content, designs, text, graphics, software compilations, underlying source codes, and other graphic arrangements together with the compilation (meaning the collection, arrangement and assembly) of all content on the Site are the copyright of Us or our licensors, where applicable.
Permission is granted to users to download and print one copy of the Site for their own personal, non-commercial, use while utilizing the Site to make a purchase. Any other use of the Site including the unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content of the Site without prior written consent from Us is strictly prohibited. You may also not create and/or publish your own database that features substantial parts of the Site without Our prior written prior approval.
The Site and its content, including editorial, graphics, banners, placement and design, is copyright (C) 2017, Marcus Stroman. All rights reserved.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations – including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
We may elect to electronically monitor areas of the Site and may disclose any Content, records, or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or, (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, in our sole discretion, We may investigate the allegation and determine whether to remove or request the removal of such Content from the Site.
We may terminate your access, or suspend your access to all or part of the Site, without notice in our sole discretion, for any conduct that We believe is in violation of any applicable law or is harmful to the interests of another user, a third-party or Us.
These terms are effective until terminated by either party. If you no longer agree to be bound by the Terms and Conditions of Use, You must cease your use of the Site. Subject to applicable law, We reserve the right to suspend or reject, in our sole discretion, Your access to any or all portions of the Site, without notice. You agree that any termination of your access to the Site may be effected without prior notice, and You acknowledge and agree that We may immediately deactivate, suspend or terminate Your account and all related information and files in your account and prevent any additional access to such files or the Site. Further, You agree that We shall not be liable to you or any third-party for any termination of your access to the Site.
We makes no representation of any kind that the Content in the Site is appropriate or available for use where its content is illegal or prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to the Site, the services provided through the Site or the Content (a “Claim”) shall be governed by the federal and state laws of New York applicable therein, without reference to any choice of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the County of New York in the State Of New York and You irrevocably agree that any and all Claims may be heard in such court. You agree that a final judgment in any such action or proceeding shall be conclusive and will be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Links to Third-Party Web Site
We may provide links to third-party web sites as a convenience to users of the Web Site. We do not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. We do not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. We will have no liability to any entity for the content or use of the content available through such link.
No Representations or Warranties; Limitations on Liability
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. HDMHAPPAREL.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.