Harbor Freight Tools for Schools, LLC (“HFTFS” or “we”) is committed to protecting the privacy and rights of visitors to all of our websites (our “Sites”). We request that you carefully read the Privacy Policy and the Terms of Use set forth below before browsing or using any of our Sites. 

By browsing or using any of our Sites, you agree to follow and be bound by the Privacy Policy and the Terms of Use set forth below without modification. If you do not agree to these terms and conditions, please do not use or browse any of our Sites. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

If you are under 18, you may use our Sites only with the involvement of a parent or guardian. Please refer to our Children’s Privacy Policy below.

Privacy Policy

This Privacy Policy is intended to make clear the ways that we may collect, store, protect, and make use of information. We will not collect any personally identifying information from you that you do not volunteer, but when you use our Sites, certain additional information is collected without you being prompted to provide it. This information includes, but is not limited to, cookies which are covered below. To the extent a notice provided at the time of collection or on a particular one of our Sites conflicts with this Privacy Policy, such specific notice or supplemental privacy policy statement will control.

The Information We Collect

HFTFS will collect, use, disclose and otherwise manage your personally identifying information in accordance with this Privacy Policy.

HFTFS does not require users to provide personally identifying information to access most of the content on our Sites. However, non-personal information (which cannot be associated with a particular individual) may be collected during your visit. By visiting one of our Sites, you grant us permission to collect non-personal information and/or aggregate information, which may include location, IP address, browser details, and similar non-identifying details for the purpose of understanding how visitors are using our Sites. HFTFS may aggregate such information to provide summaries of use of our Sites and to better understand the interests of users as a group.

Personally identifying information may be required and collected if users wish to sign up for email lists, submit inquiries, comments or suggestions, complete surveys, or take action offered by or on behalf of HFTFS (such as applications for the Harbor Freight Tools for Schools Prize for Teaching Excellence^®). The information we collect is clearly stated on the website on which we collect it. For example, our contact form asks for your contact information. Personally identifying information may include a user’s name, job title, affiliation, street address, country, zip code, Tax ID number, telephone number, screen name and email address. This information is collected and maintained by HFTFS in accordance with this Privacy Policy. If you choose to provide HFTFS with a third party’s personal information (such as name, email, job title or affiliation, or phone number), you represent that you have the third party’s permission to do so.

We do not knowingly collect or maintain personally identifying information from minors without the consent of a parent or guardian. If you believe that we might have any unauthorized information from or about anyone under the age of 18, please contact us at the email address provided below.

Online Registration/Newsletters

You do not have to register to browse our Sites. Signing up for email updates is an optional service. When you register or join our listserv, you are asked for certain personally identifying information which may be used to assist us in our provision of services. When you register or join, you will have the opportunity to receive email newsletters that cover certain subjects that may be of interest to you. These newsletters will be sent to you only if you choose to place your name on our mailing list. In order for us to deliver these newsletters, HFTFS may need to pass along your name and email address to the service providers who supply us with email service and who authenticate and validate the information you provide.

Contests, Sweepstakes, Questions or Surveys

When you ask a question, participate in a survey or enter a contest or sweepstakes at a HFTFS sponsored event or through our Sites, we may collect personally identifying information. This information is used to administer your participation in a contest or sweepstakes and for HFTFS’s other business needs. Additional official rules and terms may apply in such instances.

Information Collected from Third Parties

HFTFS and its affiliates may update or supplement personally identifying information collected directly from you with other information obtained from third parties. In addition, HFTFS and its affiliates may obtain personally identifying information about individuals who are not yet users of our Sites. When we associate information that it obtains from third parties with personally identifying information collected under this Privacy Policy, we will treat the acquired information like the personally identifying information that we collected ourselves.

Privacy Preferences/Opt Out

If at any time you would like to be removed from any/all HFTFS newsletters or the like, you may do so by unsubscribing from the email/newsletter, or by contacting us at admin@hftforschools.org with the word “REMOVE” in the subject line and your email address in the body. It may take up to 30 days to remove your address from our files.

How We Use and Share Information

We will not sell, exchange or release users’ personally identifying information to any third party, except to the extent necessary to comply with applicable laws or valid legal processes, to protect the rights and property of HFTFS, or to provide the services, opportunities or information a user has requested. The information we collect is used to 1) provide improved online content and services; 2) customize the content and/or layout of our Sites for each individual user; 3) verify or enforce compliance with the policies governing our Sites and protect against misuse or unauthorized use of our Sites, and 4) provide the services, opportunities or information a user has requested.

Third-party service providers may need access to some of your personally identifying information. In such cases, we only provide third party agents with the minimum amount of information needed to complete the requested service or transaction. We may also provide your information to our affiliated companies and successors. We also reserve the right to provide third parties with aggregate statistics about our users, traffic, and viewing patterns and other site information. This data would reflect site usage patterns, but would not contain personally identifiable information about any individual user. In certain circumstances, we may share your information with service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in confidence.

We may also disclose user information if required 1) to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws; 2) to respond to a court order, judicial or other government subpoena, or warrant in the manner required by the requesting entity; 3) to respond to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by law; 4) to take appropriate or necessary action against liability or fraudulent, abusive or unlawful uses; or 5) to protect the integrity of our information technology systems.

Non-Voluntary Information; Personalized Advertising

(a) General Tracking Information. Our Sites collect information through a number of different technologies, including cookies and web beacons. Cookies, web beacons and other technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. Among other things, HFTFS and/or its service provider may keep records of the pages visited by each site user. HFTFS and/or its service provider may aggregate this information with data on the pages visited by other users to track overall visitor traffic patterns. This information would be used to improve our Sites and to develop functions and user tools which would make it more responsive to the needs and preferences of our Sites’ users.

(b) Cookies and Web Beacons. Our Sites use a technology called “cookies” to help facilitate transactions on our Sites. A cookie is an element of software code that our Sites can send to your browser, which is then stored on your hard drive so we can recognize you when you return. Cookies do not gather personal information such as email addresses. The information provided by cookies allows us to measure user trends (such as which domains refer users to our Sites), to provide personalized content where available, to help diagnose problems with our servers, to administer our Sites more effectively and to gather broad geographic information about where users are accessing our Sites from. Should you decide not to accept cookies from our Sites, you will limit the functionality we can provide when you visit our Sites.

(c) Other Information. We may collect additional automatic information about your visit to our Sites, such as time of day, browser type and version, browser language, your operating system and platform, and the Internet Protocol (IP) address used to connect your computer to the Internet. This information is used for analytical purposes and to help us in furtherance of our mission. We may also use this information to administer and troubleshoot our Sites.

(d) Aggregate Information. On occasion we may provide this aggregate information (which shall not include personally identifiable information) to vendors, consultants, public agencies, investors, news agencies and others to demonstrate the amount of interest in our Sites and to help us plan for technical infrastructure requirements.

(e) Emails. In HTML emails that we send, we may use technology for a variety of purposes, including, without limitation, determining whether our emails have been opened or forwarded by the intended recipient and/or whether the recipient has clicked on links in those emails, customizing banner advertisements and other messages after a recipient has closed the email, and determining whether a recipient has made an inquiry in response to a particular email. These technologies may enable us to collect and use information in a form that is personally identifiable.

Security

Keeping your information safe is very important to us. However, no data transmission over the Internet can be guaranteed to be totally secure. We strive to protect your personal information, but we cannot ensure or warrant the security of any information that you send to us, and you do so at your own risk. We use reasonable precautions to keep the personal information you disclose in your browsing and to only release this information to third parties we believe share our commitment to privacy. However, we are not responsible for any breach of security or for the actions of these parties.

A note about “Phishing” attacks: We will never send you an email requesting you to validate account/password information or personal information such as credit card numbers. If you do receive an email that appears to come from HFTFS and asks for this type of information please forward the email directly to admin@hftforschools.org (noting “Possible Phishing attack” in the subject line of your e-mail) and then delete it from your inbox.

Links to Other Websites

Our Sites and emails may contain links to other websites of interest that are not owned, operated or controlled by HFTFS or its affiliates. All such links are provided solely as a convenience to you. If you choose to use these links, you will leave our Sites or emails. Once you have used these links to leave our Sites or emails, please note that we have no responsibility for that external site. In addition, if you choose to share our digital content through social media networks, or to watch a video posted to a third-party media site, you may be sent cookies from these third-party websites. This privacy statement does not govern other sites. These linked or third-party websites have separate and independent privacy policies, which we encourage you to read carefully. The inclusion of that link on one of our Sites, in one of our emails, or our posting to a third-party media site does not mean that we endorse that website, its content, or the organization to which it belongs.Neither HFTFS nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither HFTFS nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website, whether or not linked to or from one of our Sites, emails or posts, you do so entirely at your own risk.

Children’s Privacy Policy

If you are under 18, you may use our Sites only with the involvement of a parent or guardian. We do not intend to collect any personally identifiable information from children through our Sites. Please do not allow children under the age of 18 to provide any personally identifiable information related to our Sites. If we determine that a child under 18 has provided any personally identifiable information in violation of this policy, we will delete that information as soon as practical. If you become aware that such information has been provided by a child under 18, please notify us by emailing us at admin@hftforschools.org and be certain to include in the subject line “Privacy Policy Request”.

Non-US Residents

HFTFS is a company based in the United States. If you are not a United States resident, please do not send us any personal information. We reserve the right to remove any personally identifiable information from anyone we determine not to be a United States resident.

Changes to this Policy

From time to time, we may use our Sites’ user information for new, unanticipated uses not previously disclosed in this Privacy Policy. If our information practices change at some time in the future, we will post the policy changes to our website to notify you of these changes. If you are concerned about how your information is used, you should check back on this website periodically. Continued use of our Sites following our posting of an updated Privacy Policy will constitute binding acceptance of those changes.

Terms of Use

These Terms of Use govern your use of our Sites and any other sites that may currently exist and/or be established by HFTFS.  By using our Sites, you accept the terms described herein.

Trademark and Copyright

Unless otherwise stated, HFTFS owns or licenses the intellectual property rights in our Sites and material on our Sites, including all text, photos, images, design, logos, videos, graphics, publications, and other content. Nothing contained on any of our Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on any of our Sites without the prior written permission of HFTFS.

The name and logo for Harbor Freight Tools for Schools^® are licensed by The Smidt Foundation, a 501(c)(3) nonprofit organization, which is the sole member of HFTFS, and may be used only with permission from The Smidt Foundation. All requests should be directed to admin@hftforschools.org. Please state the subject as “Use of Intellectual Property.”

Use of Content

All content on our Sites, including photos and documents, is provided “as is” without any endorsement or warranty, whether express or implied. In no event will HFTFS be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from the viewing or use of such content.

You may view, download, and print pages (or other content) from our Sites for your personal use. Material may not be used for any public or commercial purposes; edited or otherwise modified; republished in any manner; publicly displayed, sold, rented, or sub-licensed; or redistributed. All content contained on our Sites that is owned by other parties may not be reproduced or modified without prior written consent of those parties.

The design and all text, graphics, information, content, and other material displayed on or that can be downloaded from any of our Sites are either the property of, or used with permission by, HFTFS and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

Exceptions for content owned by HFTFS may be granted with our prior written consent. All requests should be directed to admin@hftforschools.org. Please state the subject as “Use of Website Materials.”

Linking to the Sites

Creating or maintaining any link from another website to any page on any of our Sites without our prior written permission is prohibited. Running or displaying any of our Sites or any material displayed on any of our Sites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to any of our Sites must comply with all applicable laws, rule and regulations.

User Information and User Content

Other than personally identifiable information, which is subject to the Privacy Policy set forth above, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, reviews, messages, recommendations, other communication or other user-generated content (including, without limitation, videos, photos or other materials or items) you transmit or post to any of our Sites or email addresses in any manner (“User Content”) are and will be considered non-confidential and non-proprietary, even if the User Content is in a password-protected area. HFTFS, and each of its affiliates and/or their designees, may use any or all User Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing, in any manner whatsoever, for any or all commercial or non-commercial purposes. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Neither HFTFS nor its affiliates is under any obligation to offer you any payment for User Content that you submit nor the opportunity to edit, delete or otherwise modify User Content once it has been submitted. Neither HFTFS nor its affiliates shall have any duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. If it is determined that you retain moral rights (including rights of attribution or integrity) in any User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by HFTFS or each of its affiliates and/or their designees; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release HFTFS and its affiliates and/or their designees, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use. If User Content is shared with third parties, those third parties may have retained copies of your User Content. In addition, if we make use of your User Content before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the User Content. Terminating your account on our Sites will not automatically delete your User Content.

You are solely responsible for your use of any comment sections, discussion forums, bulletin boards or other interactive features (“Interactive Areas”), if any, and use them at your own risk. Neither HFTFS nor its affiliates is responsible for User Content submitted to any of our Sites or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas, if any, by users of any of our Sites.

We may, but are not obligated to, monitor or review any User Content, and you agree that neither HFTFS nor its affiliates and/or their designees will be liable for User Content or any loss or damage resulting from User Content. We shall have no obligations to use, return, review, or respond to any User Content. We will have no liability related to the content of any such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and you represent and warrant that you have all rights necessary to grant the rights granted above and that none of your User Content, if any, are or will be defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

We may refuse or remove any User Content without notice to you. Without limiting the foregoing, we retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law. Without in any way limiting the foregoing, if you submit any User Content or participate in an Interactive Area, you agree to abide by the following rules of conduct:

(i) You will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) is offensive (such as, but not limited to, expressions of bigotry, racism, abusiveness, vulgarity, obscenity or profanity); (c) violates or promotes violation of any law or advocates or provides instruction on activity that would constitute a criminal offense or give rise to a civil liability; (d) contains advertising or any solicitation with respect to products or services without the prior written permission of HFTFS in its sole and absolute discretion; or (e) does not generally pertain to the designated topic or theme of any Interactive Area;

(ii) You will not impersonate any person or entity, including, but not limited to, any HFTFS representative, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(iii) You will not interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about any other user or posting private information about a third party;

(iv) You will not upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component;

(v) You will not interfere with or disrupt any of our Sites or the servers or networks connected to any of our Sites, or disobey any requirements, procedures, policies or regulations of networks connected to any of our Sites;

(vi) You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; and

(vii) You will not upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right, and you bear the burden of demonstrating that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Without in any way limiting the foregoing, you represent and warrant that you have the consent of each and every identifiable natural person in any submission to use such person’s name or likeness in the manner contemplated by HFTFS and that, if applicable, any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by HFTFS.

Any conduct that in our sole discretion restricts or inhibits anyone else from using or enjoying any of our Sites will not be permitted. In addition to any remedies that HFTFS may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from our Sites of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Account and Password

If you use any of our Sites, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

No Warranties

Our Sites are provided “as is.” We make no warranties, expressed or implied. Further, we do not warrant or make any representations in relation to the availability of our Sites or in relation to the information and materials provided on our Sites. Nothing on our Sites constitutes, or is meant to constitute, advice of any kind.

Content Accuracy

The information contained on our Sites, emails or posts is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to our Sites or the information, opportunities, services, or related graphics contained on our Sites, in our emails or in our posts for any purpose. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Without in any way limiting the foregoing, we disclaim any and all responsibility for the accuracy or completeness of any information (or other content in User Content). Any reliance you place on such information is therefore strictly at your own risk.

DISCLAIMERS

YOUR USE OF OUR SITES IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH OUR SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER HFTFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR REPRESENTATIVES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH OUR SITES. THE MATERIALS AND SERVICES ON OR THROUGH OUR SITES MAY BE OUT OF DATE, AND NEITHER HFTFS, NOR ANY OF ITS AFFILIATES, SERVICE PROVIDERS OR REPRESENTATIVES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HFTFS AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE INFORMATION, MATERIALS OR SERVICES LISTED OR PROVIDED ON OR THROUGH ANY OF OUR SITES, IF ANY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

LIMITATIONS OF LIABILITY

HFTFS, ITS AFFILIATES, SERVICE PROVIDERS AND REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING OUR SITES OR ANY OTHER SITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM ANY SITE, OR YOUR RECEIPT OF ANY EMAILS SENT BY OR ON BEHALF OF (OR CLAIMING TO BE BY OR ON BEHALF OF) HFTFS, ITS AFFILIATES OR REPRESENTATIVES. IN NO EVENT WILL HFTFS, ITS AFFILIATES, SERVICE PROVIDERS, OR REPRESENTATIVES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF ANY SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF ANY OF OUR SITES, ANY WEBSITES LINKED TO ANY OF OUR SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. THIS PROVISION IS VOID, INAPPLICABLE, AND UNENFORCEABLE WITHIN THE STATE OF NEW JERSEY.

IN THE EVENT OF ANY PROBLEM WITH ANY OF OUR SITES OR ANY CONTENT OR MATERIALS PROVIDED THEREON, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING OUR SITES.

Choice of Law; Jurisdiction

These Terms of Use supersede any other agreement between you and HFTFS to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms of Use will be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Los Angeles, California, USA, in all disputes (a) arising out of, relating to, or concerning any of our Sites and/or these Terms of Use, (b) in which any of our Sites and/or these Terms of Use is an issue or a material fact, or (c) in which any of our Sites and/or these Terms of Use is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of any of our Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. We have endeavored to comply with all legal requirements known to it in creating and maintaining each of our Sites, but makes no representation that the information or any materials on any of our Sites are appropriate or available for use in any particular jurisdiction. Use of any of our Sites is unauthorized in any jurisdiction where all or any portion of such Site may violate any legal requirements and you agree not to access such Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk and, if any part of these Terms of Use is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall govern such use. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

By visiting any of our Sites and/or conducting business with us (including applying for any prize or grants that may be available from time to time on or through an application available or promoted on any of our Sites), you agree that, except as otherwise specified herein, the laws of the United States, including the Federal Arbitration Act, will govern any dispute that arises between HFTFS or between you and any of our affiliates or service providers resulting from or relating to your visit and use of our services or our Sites.

ANY AND ALL DISPUTES BETWEEN YOU AND HFTFS (OR ANY OF ITS AFFILIATES) WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms of Use, except for matters that may be taken to small claims courts. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to these Terms of Use, including with respect to the interpretation of any provision of these Terms of Use or other agreements between you and HFTFS (or its affiliates), or concerning the performance or obligations of you and HFTFS (or its affiliates), shall be resolved by mandatory and binding arbitration submitted to JAMS, formerly known as Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with its Consumer Arbitration Rules. Either party may file an arbitration demand with the JAMS pursuant to the conditions stated herein, including but not limited to:

1. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year of the date of discovery of the facts first giving rise to the claim.
2. Either party may elect to conduct the arbitration by telephone or written submission, but such arbitration shall be based in Los Angeles, California. If an in-person arbitration hearing is necessary or mutually agreeable, such in-person shall be conducted at a JAMS facility in your area or at a JAMS facility in Los Angeles.
3. The selection of the Arbitrator shall be made pursuant to JAMS’ then-current Consumer Arbitration Rules.
4. Unless JAMS’s then-current Consumer Arbitration Rules require otherwise, the arbitration shall be conducted by a single neutral arbitrator. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS rules.
5. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
6. If you elect to commence an arbitration, you will be subject to a filing fee pursuant to JAMS’s then-current procedures. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. HFTFS will remain responsible for our share of costs, expenses and fees in addition to any costs, expenses and fees required of us under JAMS procedures.
7. The Federal Arbitration Act and federal arbitration law shall apply to these Terms of Use. Either party also may, without waiving any remedy under these Terms of Use, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
8. Notwithstanding the arbitration clause herein, the parties also agree that HFTFS and/or its affiliates may bring suit in a federal or state court located in Los Angeles, California in cases of alleged infringement or other misuse of intellectual property rights or if your acts or conduct have subjected HFTFS or its affiliates to the imminent or reasonable risk of litigation from a third party. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Class-Action Waiver

Any arbitration, claim or other proceedings by or between you and HFTFS or any of its affiliates shall be conducted on an individual basis and not through any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

Termination

You or HFTFS may suspend or terminate your account, if applicable, or your use of any of our Sites at any time, for any reason or for no reason. HFTFS reserves the right to change, suspend, or discontinue all or any aspect of any of our Sites at any time without notice.

Entire Agreement

These Terms of Use and the Privacy Policy set forth above constitute the entire agreement between you and HFTFS with respect to our Sites. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HFTFS with respect to our Sites. No modification of this agreement shall be effective unless it is authored by HFTFS or its affiliate, or unless it is physically signed in blue ink by a HFTFS authorized person. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by HFTFS in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of any of our Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by HFTFS in printed form. This provision is void, inapplicable, and unenforceable within the State of New Jersey.

All other trademarks not owned by HFTFS or its affiliates that appear on any of our Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HFTFS or its affiliates.

Changes to Terms and Conditions

HFTFS may revise these Terms of Use at any time, at its sole discretion, by posting an updated version on our website. Any changes that we make will be effective immediately upon posting. Please check this page periodically for changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at our Sites.

Questions

Please feel free to direct any questions or concerns regarding this Privacy Policy or Terms of Use to us at admin@hftforschools.org. Please note “Privacy Policy” in the subject line of your e-mail.