ACCESS AND USE OF WEBSITE BY CHILDREN
Handmark does sell products for children 13 and older, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this website only with the involvement of a parent or guardian. Handmark reserves the right to refuse service, remove or edit content, or cancel orders in its sole discretion.
When you visit this website or send e-mail to us, you are communicating with us electronically. Your visit to this website or communication with us via e-mail will be deemed to be your consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
When you sign up for our SMS text alerts, you agree that we may communicate with you through SMS text until you terminate your subscription. We do not charge you to participate in our SMS text alert program, but your carrier’s standard SMS text messaging charges will apply.
INTELLECTUAL PROPERTY RIGHTS
All content included on this website, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content (collectively, “Content”), is the property of Handmark or its content suppliers and protected by United States copyright and other intellectual property laws and by international treaties. Reproduction or redistribution of Content except as expressly permitted by these Terms is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law.
Handmark, the Handmark logo and associated trade dress are trademarks of Handmark, Inc. Handmark’s trademarks and trade dress may not be used without the prior written permission of Handmark. All other brand names, product names, service marks, logos or trademarks appearing on this website are the property of their respective owners, and may not be used without the owner’s prior written consent.
Handmark grants you a personal and limited license to access and make personal use of this website. You may not download (other than page caching) or modify it, or any portion of it, except with express written consent of Handmark. This license does not include the right to resell or make any commercial use of this website or any content; collect or use of any product listings, descriptions, or prices; make any derivative work from this website or content; download or copy account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this website nor any portion of this website may be copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of Handmark. You may not link, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of this website without Handmark’s prior written consent. You may not use any Meta tags or any other “hidden text” utilizing Handmark’s name or trademarks without the prior written consent of Handmark. Your unauthorized use of this website will immediately terminate the license granted by Handmark.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information (a “Submission”), so long as the Submission is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Submission.
If you do post or submit a Submission, and unless we indicate otherwise, you grant Handmark a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the Submission throughout the world in any media. You grant Handmark and its sublicensees the right to use the name that you submit in connection with the Submission. You represent and warrant that you own or otherwise control all of the rights to any Submission that you post; that the Submission is accurate; that use of your Submission does not violate these Terms and will not cause injury to any person or entity. You waive any claim against Handmark, and must indemnify and defend Handmark against all claims resulting from any Submission you supply. Handmark has the right but not the obligation to monitor and edit or remove any Submission or activity. Handmark.com takes no responsibility and assumes no liability for any Submission posted by you or any third party.
Handmark respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately by telecopy at (816) 421-6618 or by internationally recognized overnight courier. All communications should be directed to the attention of the Vice President – Corporate Development at 909 Walnut Street, Fourth Floor, Kansas City, Missouri 64106.
Handmark attempts to be as accurate as possible. However, Handmark does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Handmark is not as described, your sole remedy is to return it to Handmark in an unused condition for a refund of the purchase price.
Parties other than Handmark operate stores, provide services, or sell products on this website. We are not responsible for examining or evaluating their products, services or advertising. We do not warrant the offerings of, any of these third parties or their products, services, the content of their websites or advertising, nor do we assume any responsibility or liability for their actions, products or services. You should carefully review their privacy statements and other conditions of use before purchasing products or services, or visiting the websites of such third parties.
THIS WEBSITE IS PROVIDED BY HANDMARK ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. HANDMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR PRODUCTS INCLUDED ON THIS WEBSITE. HANDMARK DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM HANDMARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISCLAIMER OF IMPLIED WARRANTIES
HANDMARK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
HANDMARK WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED $50.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NO ACTION MAY BE BROUGHT FOR ANY BREACH OF THESE TERMS OR RELATING TO THIS WEBSITE OR ANY PRODUCT OR SERVICE MORE THAN ONE YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
By visiting this website, you agree that the laws of the state of Missouri, without regard to principles of conflict of laws, will exclusively govern the construction of these Terms and any dispute of any sort that might arise between you and Handmark. These Terms will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You release, and will defend and indemnify us and our officers, directors, employees, agents, successors and assigns, from and against all claims or causes of actions, and any liabilities, obligations, judgments, fines, costs and expenses (including reasonable attorneys’ and expert witnesses’ fees and costs) incurred by an indemnified party due to such claim or cause of action arising out of (i) any breach of these Terms by you (ii) your use of this website or (iii) the use by any other persons accessing this website using your account. You further agree to pay our reasonable attorneys’ and expert witnesses’ fees and costs arising from any actions or claims by third parties and those incurred in establishing whether this section applies.
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT YOU AND WE WILL ARBITRATE OUR DISPUTES. Any dispute relating in any way to your visit to this website or to products you purchase through this website will be submitted to final, binding arbitration. Arbitration under these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER
WHETHER IN COURT OR ARBITRATION YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THIS SECTION WILL NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION.
JURY TRIAL WAIVER
WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SECTION), YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.