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Terms and Conditions
Last Updated and Effective: April 17, 2018
THIS WEBSITE IS OWNED AND OPERATED BY Hunt A Killer, LLC. PLEASE READ THESE TERMS OF USE (ALONG WITH OUR PRIVACY POLICY, COOKIE POLICY, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER, EXPRESSLY INCORPORATED HEREIN BY REFERENCE AS THE “TERMS”) FULLY AND CAREFULLY BEFORE USING WWW.HUNTAKILLER.COM (THE “SITE”) AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.
Acceptance of terms
By browsing or using the Site, or accessing links to our social media accounts or pages on third party websites, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.
IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.
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Key terms
Hunt A Killer, LLC and its affiliates are referred to herein as “Hunt A Killer,“ “we,” or “our.”
“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.
“Site” means the website www.huntakiller.com and other websites through which we advertise and sell our products.
“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy and Cookie Policy.
“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site, and is referred to herein as “User” or “you.”
“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.
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ELIGIBILITY TO USE THE SITE
You may use the Site only if you are eighteen (18) years or older (or the applicable age of majority in your jurisdiction, if greater than eighteen [18] years of age) and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.
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NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:
The name, address, and telephone number of the provider of this service is Hunt A Killer, LLC, 9341 Philadelphia Road, Unit J, Rosedale, MD 21237; (855) 783-0207. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to the above address or to sam@huntakiller.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
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IMPORTANT INFORMATION FOR NEW JERSEY RESIDENTS
If you live in New Jersey, please carefully read these Terms and understand that by using the Site, placing an order on the Site, or signing up for a Membership Subscription Service, in addition to the other terms and conditions herein, you agree:
1. Any dispute between you and Hunt A Killer us will be governed by the laws of the State of Maryland and subject to the dispute resolution provisions set forth in the “Dispute Resolution” section below;
2. Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the “DMCA/Copyright Policy,” “Disclaimers of Warranties,” “Limitations on Liability,” and “Anti-Diversion” sections may not apply to you; and
3. As set forth in the “Indemnification” section below, you are responsible for any harm you cause Hunt A Killer, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects Hunt A Killer or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to Hunt A Killer or any third party; (v) any and all activities that occur under your account, username, and password.
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INTERNATIONAL USERS
Our Site is controlled, operated, and administered from our offices in Maryland, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to it is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable. We may ship to certain locations outside the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside the United States.
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GOVERNING LAW
These Terms and any action or proceeding relating thereto will be governed by the laws of the State of Maryland. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.
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CHANGES TO TERMS OF USE
We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Hunt A Killer will be applied.
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YOUR ACCOUNT
You may be required to register with Hunt A Killer in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Hunt A Killer, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
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PRIVACY POLICY AND COOKIE POLICY
Users of the Site should refer to our Privacy Policy and Cookie Policy for information about how we use and collect information, which may be accessed by clicking on the following link: https://www.huntakiller.com/pages/privacy (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.
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PRIVACY POLICY AND COOKIE POLICY
You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.
In using the Site, you further agree not to do any of the following:
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post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law; or (iv) promotes illegal or harmful activities or substances;
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disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites;
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disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites;
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post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files;
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use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent;
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use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent;
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deep link to the Site without our express written consent;
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create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site;
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collect or store personal data about others;
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attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and
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encourage or enable another User or individual to do any of the foregoing prohibited activities.
By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.
If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.
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RIGHT TO USER CONTENT POSTED BY YOU
By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant Hunt A Killer a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services. You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.
In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Hunt A Killer the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.
We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish Hunt A Killer with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.
You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Hunt A Killer the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Hunt A Killer on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
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INDEMNIFICATION
You will defend, indemnify, and hold harmless Hunt A Killer, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Hunt A Killer or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Hunt A Killer or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Hunt A Killer in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.
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COPYRIGHTS AND TRADEMARKS
The Site, including all of the Content and organization, graphics, design, compilation, magnetic translation, digital conversion, software, services, and other matters related to same, is the sole and exclusive property of Hunt A Killer and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site.
Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.
Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: Hunt A Killer and Empty Faces. All other trademarks not owned by Hunt A Killer that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Hunt A Killer. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.
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DMCA/COPYRIGHT POLICY
This Copyright Policy sets forth the procedures that may be taken to notify Hunt A Killer of any potential copyright violations occurring via the Website. Capitalized terms not defined herein shall have the meaning set forth in the Terms and Conditions. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices.
Our Designated Agent to Receive Notifications of Infringement Under the DMCA
If you believe that your work has been copied or used on the Site, or incorporated into the Services, any User Content, or any Site Content in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you or your authorized representative may provide us with a written communication or notice, which is intended to be consistent with the notice requirements under the Digital Millennium Copyright Act (“DMCA”) 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). If applicable, we will respond to notices in a form provided by other jurisdictions as well. The DMCA Notice should be sent to the Customer Experience Manager, who is the Company’s “Designated Agent” and can be contacted as follows:
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By Mail: 9341 Philadelphia Rd Unit J, Rosedale, MD 21237
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By Email: kyra@huntakiller.com
Notice of Infringement
The DMCA Notice to the Designated Agent should include the following:
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Signature of Copyright Owner or Agent– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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Identification of the Copyrighted Material– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single written notice, a representative list of such works.
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Identification of the Allegedly Infringing Material– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
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Contact Information– Information reasonably sufficient to permit the Company to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.
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Good Faith Belief of Infringement– A statement that the sender of the DMCA Notice has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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Accuracy and Authority– A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the sender of the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys’ fees, if the sender materially misrepresents that content made available through the Service infringes upon the copyright of another.
Counter-Notice
If you believe in good faith that a DMCA Notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must be sent to our Designated Agent and must include the following:
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Your Signature– A physical or electronic signature of the user who the claim of infringement is made against.
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Identification of Removed/Blocked Material– Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
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Your Good Faith Belief– A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
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Your Contact Information, Acceptance of Jurisdiction and Service of Process– Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Los Angeles, California, and a statement that you will accept service of process from the person who provided the DMCA Notice of the alleged infringement.
Termination Under Our DMCA Policy
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, accounts for users of the Site and Services who are deemed to be repeat infringers. Regardless of whether we may be liable for such infringement under local country law or United States law, our response to a DMCA Notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. We may also, at our sole discretion, limit access to the Site and Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Thirty Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third Party Sites & Ads.
The inclusion of a hyperlink to Third Party Sites & Ads does not imply affiliation, endorsement, or adoption by Hunt A Killer of the Third Party Sites & Ads or any information contained therein.
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PRODUCT DESCRIPTIONS
We have taken reasonable precautions to ensure that all product descriptions, prices, and other Content on the Site are correct and fairly described. We have made every effort to display as accurately as possible the contents of the products that appear on the Site. However, we reserve the right to make adjustments to the contents of the products at any time. Therefore, the products you receive may vary from those received by other customers. These adjustments will not degrade or detract from the quality of your experience with the product. All prices are displayed in United States Dollars unless expressly indicated otherwise.
All descriptions, images, references, features, Content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.
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ONLINE PURCHASES
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
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ORDER AND PAYMENT INFORMATION
If you use the Site or other means to purchase a product or service, payment must be received by Hunt A Killer prior to our acceptance of an order, unless otherwise agreed to by us in advance. Our products may be subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order, and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.
Applicable shipping and handling fees will be added to your charges, as stated in your order.
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INTERNATIONAL ORDERS
Some product offerings may be unavailable for international shipping or for shipping to specific locations. For all other international orders, the acceptance of such orders and the sale of such products will only be based on the following conditions precedent:
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You agree that the purchase of any of our products by you, as a non-resident of the United States, will be (i) ex works our facilities in the United States per Incoterms 2010, with all title risk and loss in the products passing to you in the United States; and (ii) for your own personal use only and not for further resale or distribution in any manner.
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You hereby expressly authorize and direct Hunt A Killer to load and ship the products purchased by you to your designated ship-to destination, and to contract on your behalf with a common carrier or courier company for that purpose.
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You are the principal importer of record and will undertake responsibility for all applicable taxes, shipping, customs clearance, duties, and import requirements from our facilities in the United States to your foreign ship-to destination.
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The United Nations Convention on the International Sale of Goods will not apply to any purchase or sale, and we expressly opt out of such application.
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AUTO-RENEWAL/SUBSCRIPTION PROGRAMS
If you are purchasing our products and enrolling in one of our auto-renewal/subscription programs in which you have requested that we automatically provide products to you at scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled. If you sign up for the Program on the Site in connection with your purchases, the payment card or alternative payment method you provide will be automatically charged for the purchase price of the products, plus applicable tax and shipping and handling charges.
If you are purchasing our products and enrolling in one of our auto-renewal/subscription programs in which you have requested that we automatically provide products to you at scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled. If you sign up for the Program on the Site in connection with your purchases, the payment card or alternative payment method you provide will be automatically charged for the purchase price of the products, plus applicable tax and shipping and handling charges.
You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code). You must promptly notify Hunt A Killer if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss). You can update your payment information by contacting by contacting a customer service representative via email at sam@huntakiller.com, by phone at (866) 654–HUNT, or on our website at https://www.huntakiller.com/.
Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. Changes to your shipping address can be made by contacting a customer service representative via email at sam@huntakiller.com, by phone at (866) 654–HUNT, or on our website at https://www.huntakiller.com/. You can also update your shipping address by logging in to your account at https://www.huntakiller.com/account/login.
If you sign up for the Program, you will be charged regularly and automatically for, and delivered, ordered products until you cancel your participation in the Program. By participating in the Program, you agree that we may send you additional regularly scheduled shipments and charge you for the product(s), applicable taxes, and shipping and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU. These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program. You agree that we will not be responsible in any manner for any overdraft charges, interest charges, late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on the payment card or alternative payment method you provided when you signed up for the Program.
THE AUTO-RENEWAL PROGRAM/SUBSCRIPTION WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM/SUBSCRIPTION AND DISCONTINUE SHIPMENT OF FUTURE PRODUCTS, YOU MAY DO SO BY CONTACTING BY CONTACTING A CUSTOMER SERVICE REPRESENTATIVE VIA EMAIL AT SAM@HUNTAKILLER.COM, BY PHONE AT (866) 654–HUNT, OR ON OUR WEBSITE AT HTTPS://WWW.HUNTAKILLER.COM/. YOU MUST CONTACT US THREE (3) DAYS BEFORE YOUR RENEWAL DATE IN ORDER TO AVOID BEING CHARGED FOR THE NEXT AUTO-RENEWAL. IF YOU CONTACT US TO CANCEL YOUR ACCOUNT LESS THAN THREE (3) DAYS PRIOR TO YOUR UPCOMING RENEWAL DATE, THE CANCELLATION WILL TAKE EFFECT AFTER THE UPCOMING RENEWAL DATE.
If you have prepaid for a multi-month subscription (e.g., 6 or 12 months), and choose to cancel, your account will not auto-renew at the end of the prepaid period, and you will receive all shipments for which you have prepaid.
We may, in our sole discretion, terminate your participation in the Program at any time without notice to you. We reserve the right to refuse or discontinue the automatic provision of products to any one at any time in our sole discretion.
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REFUNDS & RETURNS
Your satisfaction with your Hunt A Killer experience is very important to us. Thus, we offer a “Thrill Guarantee or Your First Month Free” on all auto-renewal/subscription programs. If you have received your first shipment of a monthly or multi-month subscription program and are not thrilled for any reason, we will refund the purchase price and cancel your subscription.
If you have received the first package in your monthly or multi-month subscription and are dissatisfied for any reason, you may contact a customer service representative via email at sam@huntakiller.com, by phone at (866) 654–HUNT, or on our website at https://www.huntakiller.com/ to request cancellation of your subscription and a full refund of your purchase price. You must contact us to cancel your subscription and request a refund PRIOR TO SHIPMENT OF YOUR SECOND PACKAGE in order to qualify for the “Thrill Guarantee.” No refunds will be given on second or subsequent shipments. For multi-month, prepaid subscriptions, no refunds will be given after the second package has shipped, and no prorated refunds will be given.
If you have prepaid for a multi-month subscription and have received your second or subsequent packages and are dissatisfied, you may exchange future shipments for a product(s) of equal or lesser value.
No refunds will be given on purchases of premium packages (such as, but not limited to, 1968, 1973, and Hawthorne Junction) if package has been opened. To obtain a refund on an unopened premium package, you must contact Hunt a Killer to obtain a return authorization form within 30 days of purchase. Premium packages must be returned in unopened, resellable condition in order to qualify for a refund. Any and all return shipping charges are non-refundable. It is recommended that you purchase insurance and/or delivery tracking for your return, as Hunt A Killer cannot provide refunds for returned packages that are not received by us or are received damaged. Unopened premium packages must be postmarked within 30 days of purchase to qualify for a refund.
Hunt a Killer merchandise (such as, but not limited to, clothing, stickers, decals, notebooks) is not returnable or refundable.
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ANTI-DIVERSION
We are not responsible for any injury or damage that may result from the purchase of products through distributors or retailers who are not authorized distributors or retailers of our products. We are not responsible for any injury or damage that may result from products purchased past their expiration date or those that have been altered or discontinued.
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DISCLAIMER OF WARRANTIES
OUR PRODUCTS, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING ANY SERVICES PROVIDED TO YOU.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WARRANTIES RELATING TO OUR PRODUCTS, SERVICES, OR CONTENT, THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR PURCHASE OF ANY PRODUCTS VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PRODUCTS PURCHASED VIA THE SITE IN THE LAST TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM OF LIABILITY. THE LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HUNT A KILLER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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LIMITATIONS OF LIABILITY
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER HUNT A KILLER, OUR AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED OR UNDER ANY THEORY OF LIABILITY – EVEN OUR OWN ACTIVE OR PASSIVE NEGLIGENCE – ARISING IN CONNECTION WITH (I) THE SITE; (II) THE USE OR INABILITY TO USE THE SITE; (III) THE USE OF OR RELIANCE ON ANY CONTENT OR INFORMATION DISPLAYED IN OR ON THE SITE; (IV) THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OF DATA OR OTHER INFORMATION THAT IS SENT TO OR RECEIVED BY THE SITE; (VI) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS; OR (VII) OTHERWISE UNDER THESE TERMS, WHETHER OR NOT REASONABLY FORESEEABLE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HUNT A KILLER. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR CLAIM WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU IN THE LAST TWELVE (12) MONTHS TO HUNT A KILLER FOR ANY PRODUCTS OR SERVICES SUPPLIED BY US THROUGH YOUR USE OF THE SITE OR OTHERWISE.
WE WILL NOT BE LIABLE IN ANY AMOUNT FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CONTINGENCY BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, OR WAR.
The terms of this section survive any termination of these Terms.
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TERMINATION
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.
Notwithstanding anything to the contrary in these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.
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NO THIRD PARTY BENEFICIARIES
We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Hunt A Killer. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.
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DISPUTE RESOLUTION
AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS
WE EACH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO OUR PRODUCTS, SERVICES, THESE TERMS, INCLUDING OUR PRIVACY POLICY AND COOKIE POLICY, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF OR THE USE OF THE SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, “DISPUTES”) WILL BE SETTLED BY CONFIDENTIAL BINDING ARBITRATION, EXCEPT THAT each party retains the right to (i) bring an individual action in small claims court; and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Rosedale, Maryland and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You acknowledge and agree that both you and Hunt A Killer are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
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ARBITRATION RULES
The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.
The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.
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DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send Hunt A Killer a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Hunt A Killer must be emailed to sam@huntakiller.com. If we are unable to resolve your claim within thirty (30) days, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.
An arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.
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ARBITRATION LOCATION AND PROCEDURE
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
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ARBITRATOR’S DECISION
The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Hunt A Killer will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
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FEES
We will pay or (if applicable) reimburse you for all JAMS filing, administration, and arbitration fees for any arbitration commenced by you or Hunt A Killer pursuant to the terms of this section.
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TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
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RIGHT TO OPT-OUT OR REJECT FUTURE CHANGES TO DISPUTE RESOLUTION SECTION
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter to Hunt A Killer, at 9341 Philadelphia Road, Unit J, Rosedale, MD 21237, within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.
Notwithstanding the provisions of “Changes to Terms of Use” section above, if Hunt A Killer changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Hunt A Killer written notice (including by email to sam@huntakiller.com within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Hunt A Killer in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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GENERAL TERMS
These Terms constitute the entire and exclusive understanding and agreement between Hunt A Killer and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Hunt A Killer regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by Hunt A Killer under these Terms, including those regarding modifications to these Terms, will be given: (i) by Hunt A Killer via email; or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hunt A Killer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Hunt A Killer, and you do not have any authority to create any obligation on our behalf.
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CONTACT INFORMATION
If you have any questions about these Terms, please contact a Hunt A Killer customer service representative via email at sam@huntakiller.com, by phone at (866) 654–hunt, or on our website at https://www.huntakiller.com/.
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