PLEASE REVIEW OUR
TERMS AND CONDITIONS
By visiting and using www.hansonastronomy.com (hereinafter the “Website”), you accept and agree to be bound by these Terms and Conditions, including our Privacy Policy posted on the Website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the Website. Hanson Astronomy (“I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the Website, you accept those amendments. It is your responsibility to periodically check the Terms and Conditions and other policies for updates.
Your continued use of the Website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the Website if you do not wish to be bound by these Terms and Conditions.
AGE AND UNITED STATES USE ONLY
All information and content on this Website is intended for individuals over the age of 18. Children, as defined in our Privacy Policy, are prohibited from using this Website. Additionally, we make no representation that the information provided on the Website is appropriate for use in other locations.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
PAYMENT OF FEES
If you purchase a product on the Website (“Product”) that requires payment of a fee, you agree to pay all fees associated with such Product. For all charges for Products, we will bill your credit or debit card, or other specific form of payment. You agree to provide us with accurate and complete billing information, including valid credit or debit card information, your name, address and telephone number, and to provide us with any changes to such information.
If, for any reason, your credit or debit card company refuses to pay the amount billed for the Product, you agree that we may, at our option, suspend, cancel, or terminate the Product order purchased. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including our attorney fees and other legal expenses.
LEGAL DISPUTES AND GOVERNING LAW
In the event of any dispute, claim or controversy arising out of or relating to your use of this Website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Wisconsin.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Wisconsin without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You also agree that in the event a legal claim is initiated, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
INTELLECTUAL PROPERTY
All content on this Website including, but not limited to, photographs, images, text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download Content from the Website for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any of our copyright, trademark, and intellectual property or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any content or information that you upload, display, post, transmit, send, email or submit to us on the Website or on any of our social media sites, you warrant that you are the owner of that content or have express permission from the owner of those intellectual property rights to use and distribute that content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any content provided by you on our Website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any content or information that you provide to us.
You agree not to upload, display, post, transmit, distribute, send, email or submit to us on the Website or on any of our social media sites any information or content that:
(a) is illegal, violates or infringes upon the rights of others,
(b) is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distributes material including, but not limited, to spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law,
(e) is any attempt to gain unauthorized access to any portion or feature of the Website, and
(f) sends unsolicited or unauthorized material or cause disruption in the operation of the Website.
You agree to use the Website for lawful purposes only and shall be liable for damages resulting from the violation of any provision contained in these Terms and Conditions.
THIRD-PARTY LINKS
The Website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the Website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this Website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
USE OF OUR PAID PRODUCTS
All Products sold on this Website are protected by copyright pursuant to US and international copyright laws. You are granted a limited revocable license to print or download Products for your own personal, non-commercial, non-transferrable, informational and educational use, only while ensuring it is not in violation of any of our copyright, trademark, and intellectual property or proprietary rights. Copying or storing our Products for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our Products or Website. You cannot sell or redistribute any of our Products without our express written consent. You agree to abide by copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
COMMUNICATIONS
CONSENT TO ELECTRONIC COMMUNICATION
You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Website as determined by us, in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.
MOBILE MESSAGING TERMS
When you provide us with your mobile telephone number, you agree that we may send text messages (including SMS and MMS) to that mobile telephone number. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. We will never charge you for the text messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.
You may opt-out of receiving any future text messages from us at any time by replying to a text message with the keyword “STOP”. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Website or to purchase any services on the Website.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Website. Your mobile network's data and messaging rates and fees may apply if you access or use the Website from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Website and applications and any updates thereto. Company does not guarantee that the Website, or any portion thereof, will function on any particular hardware or devices. In addition, the Website may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our Website, including any or all Content published by you or us at any time for any reason, without notice.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this Website, including, but not limited to, all the content, information, products, services and graphics presented here.
You expressly agree that your use of the Website is at your sole risk and that you are solely responsible for the accuracy of any information you provide, the outcome of your actions, any personal or business results, and for all other use in connection with the Website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from: (1) any errors or omissions on the Website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the Website, Website attacks, including computer virus, hacking of information, and any other system failures; (2) any loss of income, use, data, revenue, profits, business or any goodwill related to the Website; (3) any theft or unauthorized access by a third party of your information from the Website, regardless of our negligence; and (4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the Content presented here, and you accept that no particular results are being promised to you here.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) your actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the Website, including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this Website by you or anyone related to you; (e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such Liabilities and reserves the right to defend such Liabilities at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such Liabilities.
ENTIRE AGREEMENT
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and us with respect to this Website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement, including the Privacy Policy, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this Website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
WAIVER AND SEVERABILITY
No waiver by Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
CONTACT
For any questions, please contact us at [markh@tds.net]