Terms of Use

Hillsdale College Store 

 

These Terms of Use are entered into by and between You (“you,” “your,” or “End User”) and Hillsdale College (“Hillsdale,” “we,” “us,” or “our”).  These Terms of Use, together with the Privacy Policy and any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://shop.hillsdale.edu (the “Store”). 

1. Acceptance of Terms of Use

Please read these Terms of Use carefully.  By using the Store, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you have any objection to any term or condition contained in these Terms of Use or any other policy referenced herein, you must discontinue use of the Store immediately.

This Store is made available to End Users who are at least eighteen (18) years of age and reside in the United States and its territories.  By using this Store, you represent and warrant to Hillsdale that you are of legal age to form a binding legal contract with Hillsdale and you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, then you must immediately cease your use of the Store. 

2. Revisions to these Terms of Use

Hillsdale may, from time to time in its sole discretion, revise and update these Terms of Use and any other policy referenced herein.  All changes are effective immediately when we post them and will apply to your access and use of the Store after such posting. Whenever we post a revision to these Terms of Use, we will update the “Last Modified Date” at the top of this document.  You are responsible to check this page from time to time to ensure you are aware of any changes as such changes are legally binding on you. Your continued use of the Store after the posting of any revision of these Terms of Use means you accept and agree to the changes.

3. Store Availability, Features, Functionality, and Customer Accounts

Hillsdale reserves the right to amend, withdraw, or change the Store and any service, functionality, material, content, or products provided on or through the Store at any time in our sole discretion and without prior notice to you.  Hillsdale will not be liable in the event that the Store or any part thereof is or becomes unavailable at or for any period of time.  Periodically, it may be necessary for us to restrict access to the Store or parts of the Store without prior notice.  You are exclusively responsible for making all necessary arrangements for your own access to the Store and for making sure that all person that have access to the Store using your internet connection are aware of and agree to adhere to these Terms of Use.

In order to complete a sale transaction with the Store, you may either (a) utilize our express checkout functionality, or (b) register for an account.  In each instance, you will be asked to provide certain information in connection with completing the sales transaction.  You acknowledge and agree that (i) all information that you provide to us in connection with your use of the Store is correct, current, and complete, and (ii) you have read and agree to be bound by the terms and conditions of our Privacy Policy and all action we take that is consistent with such Privacy Policy. 

To the extent that you choose to create a customer account with our Store, you must treat any login credentials as confidential and you are prohibited from sharing your account credentials with any other person or entity.  You acknowledge and agree that your customer account is personal to you and you agree not to provide any other person with access to this Store or any portions of it using your username, password, or other security information.  You agree to notify us immediately in the event that you learn of any unauthorized access to or use of your username, password or any other breach of security.  You acknowledge and agree that you are exclusively responsible for any activity that occurs with your account.  Please note that Hillsdale and its service providers reserve the right to disable any user name, password, or other account identifier, at any time, in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use. 

4. Intellectual Property

The Store and its entire contents, features, functionality, and information, including, but not limited to all software, images, video, audio, and the design, selection, and arrangement of the Store, are owned by Hillsdale, its licensors or service providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that nothing contained in these Terms of Use convey any right, title or interest in or to the Store or any intellectual property incorporated therein. 

Under these Terms of Use, you are only permitted to use the Store for your personal, non-commercial use.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Store, except as required by your computer and internet web browser to display the Store on your computing device.  You are expressly prohibited from:

(a) Modifying copies of any materials from the Store.

(b) Using any illustrations, photographs, video, audio, or any graphics contained on the Store.

(c) Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials on or from the store

In the event that you breach any term or condition of these Terms of Use, your right to use the Store will immediately and automatically cease.  All rights not expressly granted under these Terms of Use are reserved by Hillsdale.  Any use of the Store that is not expressly permitted by these Terms of Use is a breach of these Terms of Use and may also violate copyright, trademark, or other laws. 

5. Trademarks

Hillsdale’s name, Hillsdale’s logo and all related names, logos, product and service names, designs, and slogans are trademarks of Hillsdale or its affiliates or licensors.  You shall not use any such marks without the prior written permission of Hillsdale.  All other names, logos, product and service names, designs, and slogans that are on the Store are trademarks of their respective owners. 

6. Prohibited Uses

Our Store is available for your use only for lawful purposes and in accordance with these Terms of Use.  You hereby agree that you will not use the Store:

• In a manner that violates any applicable international, federal, state, or local law or regulation, including any export laws.

• To infringe upon or violate any intellectual property rights of another.

• To impersonate or attempt to impersonate Hillsdale, a Hillsdale employee, another customer or user, or any other person or entity.

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Store, or which, as determined by us, may harm Hillsdale or users of the Store, or expose them to liability.

In addition to the foregoing restrictions, you shall not engage in or attempt to engage in any of the following, which are also violations of the Terms of Use:

• Use the Store in any manner that could have the effect to disable, overburden, damage, or impair the Store or interfere with any other party’s use of the Store, including their ability to engage in real time activities thought the Store.

• Deploy or use any robot, spider, script, program, or other automatic device, process, or means to access the Store for any purpose, including monitoring or copying any of the material on or from the Store.

• Use any manual process to monitor or copy any of the material on the Store, or for any other purposes that are not expressly authorized by these Terms of Use, without Hillsdale’s prior written consent.

• Use any device, software, script, code, or routine that interferes with the proper working of the Store.

• Introduce any viruses, Trojan horses, worms, logic bombs, exploits, or other material that is malicious or technologically harmful.

• Gain or attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Store, the server on which the Store is stored, or any server, computer, or database connected with the Store.

• Launch or otherwise participate in any attack on the Store via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Store.

7. Reliance on Information Posted on the Store

The information and content posted to the Store is made available for general informational purposes only.  Hillsdale makes no warranties or representations regarding the accuracy, completeness, or usefulness of the information and content contained on the Store.  Any reliance that you choose to place on any content or information contained on the Store is entirely at your own risk.  Hillsdale disclaims all liability and responsibility arising from any reliance by you on such content or information or any other person or entity who may be informed of any of its contents.  

8. Changes to the Store

From time to time in our sole discretion, we may choose to update the content and information on the Store and to add and remove products, services, or other offerings as we see fit.  While we make every reasonable effort to ensure that the content and information contained on the Store are up-to-date, there may be times where any information, material or content on the Store is out of date at any given time.  Please be advised that we are under no obligation to update such material and will not be liable for any inaccurate or incomplete content, information or materials on the Store.

9. Online Purchases, Shipping and Returns

All purchases you choose to make through our Store or other transactions for the sale or other form of transfer of goods, or services are governed by the Refund and Shipping Policy, which is hereby incorporated by reference into these Terms of Use. 

10. Linking to the Store

You cannot link to our Store without our prior written consent, which we may withhold in our discretion.  If we provide our authorization to you to hyperlink to our store, we reserve the right to withdraw such permission at any time. 

11. Links from the Store

Our Store may contain hyperlinks that redirect you to other websites and resources provided by third parties.  We provide these hyperlinks to third party websites and resources for your convenience.  We have no control over the content of any third party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Store, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such Stores. 

12. Geographic Restrictions

Hillsdale is based in the State of Michigan within the United States of America.  The Store is intended for use by persons located in the United States of America. Hillsdale makes no claims that the Store or any of its content is accessible or appropriate for viewing or use outside of the United States.  Access to the Store may not be legal by certain persons in certain countries.  To the extent that you choose to access the Store from outside the United States, you do so entirely at your own risk.  You hereby acknowledge and agree that you are solely responsible for compliance with your local laws.  

13. Disclaimer of Warranties

Hillsdale does not guarantee that files available for downloading from the Store will be free of viruses, malicious or other destructive code.  You are responsible for implementing sufficient procedures and data security on your computing device to satisfy your particular requirements for anti-virus protection and maintaining a means external to our Store for reconstructing any lost data. 

HILLSDALE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTING DEVICE, EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE STORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE OR FOR ANY OF YOUR DOWNLOADING OF ANY OF THE MATERIAL POSTED ON THE STORE OR ANY WEBSITE LINKED TO IT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE STORE, ITS CONTENT AND INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE STORE IS AT YOUR OWN RISK.  THE STORE, ITS CONTENT, INFORMATION, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER HILLSDALE NOR ANY PERSON OR ENTITY ASSOCIATED WITH HILLSDALE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE STORE. WITHOUT LIMITING ANY OF THE FOREGOING, NEITHER HILLSDALE NOR ANYONE ASSOCIATED WITH HILLSDALE REPRESENTS OR WARRANTIES THAT THE STORE, ITS CONTENT, INFORMATION, OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE STORE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR STORE OR THE SERVER ON WHICH THE STORE IS MADE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR CODE, OR THAT THE STORE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE STORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HILLSDALE HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY BY STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE AS IT CONCERNS THE STORE, ITS CONTENT, INFORMATION, AND THE ITEMS AVAILABLE ON OR THROUGH THE STORE.  THE FOREGOING LIMITATION DOES NOT AFFECT WARRANTIES THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HILLSDALE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, REPRESENTATIVES, SUCCESSORS OR PERMITTED ASSIGNS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF DATA, DATA BREACH, LOSS OF GOODWILL, LOSS OF EARNINGS, BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF USE OR YOUR USE OF THE STORE, REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN contract, tort (including negligence), strict liability, breach of warranty, or some other theory of liability and regardless of whether Hillsdale was warned of the possibility of such damages or such damages were foreseeable.  IN NO EVENT WILL HILLSDALE’S TOTAL AGGREGATE LIABILITY, ARISING OUT OF OR IN RELATION to theSE TERMS OF USE, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU TO HILLSDALE FOR THE ITEM OR MATERIAL GIVING RISE TO THE CLAIM; OR (B) ONE UNITED STATES DOLLAR. 

15. Indemnification

You agree to fully defend, indemnify, and hold Hillsdale, is affiliates, licensors, and service providers and their respective officers, directors, employees, subcontractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, orders, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees and court costs) arising out of or in relation to your violation of these Terms of Use or your use of the Store, including any content, items, information, or materials other than as authorized under these Terms of Use. 

16. Security and Data Breach Waiver

Hillsdale utilizes technology and service providers to help protect your personal information, but we cannot guarantee that any electronic commerce online is completely secure.  You hereby acknowledge and agree that there is inherent risk in transmitting information over the internet and that no party can guarantee the security of your data or against third party criminal actors.  Accordingly, you agree to fully waive and forever discharge any and all legal claims and action for damages of any kind against Hillsdale College for any data breach or data security incident affecting the information that you have provided to the Store.

17. Governing Law and Jurisdiction

All matters relating to the Store and these Terms of Use, including any dispute or claim arising out of, in relation to, or in connection with the Store or Terms of Use shall be governed by and construed in accordance with the laws of the State of Michigan without giving effect to any conflict of law provision or rule that would result in the application of any other jurisdiction’s law. 

Any legal cause of action, proceeding, or lawsuit arising out of, in relation to, or in connection with the Store or these Terms of Use shall be maintained exclusively in the state and federal courts in and for Hillsdale County, Michigan, USA.  Hillsdale reserves the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venues in such courts. 

18.  Arbitration

In Hillsdale’s sole discretion, Hillsdale may require you to submit any disputes arising out of, in relation to, or in connection with the Store or these Terms of Use to final and binding arbitration in accordance with the Rules of Arbitration for the American Arbitration Association, applying Michigan law.  In such instance, the location of arbitration will be in Hillsdale, Michigan, USA. 

19. Limitation on Time to File Claims

IN ORDER TO BE TIMELY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, IN RELATION TO, OR IN CONNECTION WITH THE STORE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

20. Waiver

No waiver by Hillsdale of any term or condition in these Terms of Use shall be deemed or construed as any further, continuing or future waiver of such term or condition or a waiver of any other term and condition herein.  Any failure by Hillsdale to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision in the future. 

21. Severability

Upon a determination by a court of competent jurisdiction or arbitrator that any term or provision is invalid, illegal or unenforceable, the court or arbitrator may modify this Agreement to effect the original intent of the parties as closely as possible in order to ensure the transactions contemplated by these terms may be consummated as originally contemplated to the greatest extent possible.  If such modification is not possible, then alternatively, such provision shall be removed for these Terms of Use and the rest of the provisions shall remain in full force and effect. 

22. Entire Agreement

The Terms of Use, together with the Privacy Policy and Refund and Shipping Policy, constitute the entire agreement between you and Hillsdale regarding the Store and supersede all prior and contemporaneous understandings, agreements, negotiations, communications, whether oral or in writing between the parties regarding the Store

23. Contracts

The headings and captions of these Terms of Use are inserted for convenience of reference and do not define, limit or describe the scope or intent of this Agreement or any particular section, paragraph, or provision.

24. Contact Us

This Store is owned and operated by Hillsdale College, 33 E. College Street,
Hillsdale, Michigan 49242.

All feedback, comments, requests for technical support and other communications relating to the Store should be directed to shop@hillsdale.edu.