Terms Of Service

Terms of service

Hutosh is the company that runs this website. Hutosh is referred to as "we," "us," and "our" on the web. Hutosh provides you, the consumer, with this website, including all content, resources, and services available from this site, subject to your approval of all terms, conditions, policies, and notices specified here.

By visiting our site and/or buying something from us, you agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), as well as all other terms and conditions and policies listed herein and/or accessible via hyperlink. These Terms of Service extend to all web users, including but not limited to browsers, sellers, consumers, merchants, and/or content contributors.

Please carefully read these Terms of Service before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using any part of the site. You may not access the website or use any services if you do not agree to all of the terms and conditions of this agreement. Acceptance is expressly limited to these Terms of Service if these Terms of Service are considered an offer.

Any new features or tools added to the current store will be subject to the Terms of Service as well. The most recent version of the Terms of Service can be found on this page at any time. By posting updates and/or changes to our website, we reserve the right to update, change, or replace any part of these Terms of Service. It is your responsibility to check this page for updates on a regular basis. Your continued use or access to the website after any changes are posted constitutes acceptance of those changes.

Shopify Inc. hosts our store. They provide us with an online e-commerce platform through which we can sell our goods and services to you.

1 - TERMS AND CONDITIONS OF AN ONLINE STORE

By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the legal age of majority in your state or province of residence and have given us permission to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, and you may not violate any laws in your jurisdiction by using the Service (including but not limited to copyright laws).

You are not permitted to send any worms, viruses, or destructive code.

Any violation of the Terms will result in the immediate termination of your Services.

2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

You acknowledge that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Whenever credit card information is transferred over a network, it is always encrypted.

Without our express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact 

on the website through which the service is provided.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3 - INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS

We are not liable if the information on this site is not accurate, complete, or up to date. This site's content is provided for general information purposes only and should not be relied on or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this site is entirely at your own risk.

This website may contain historical information. Historical information is, by definition, out of date and is provided solely for your convenience. We reserve the right to make changes to the contents of this website at any time.You agree that it is your responsibility to monitor changes to our site.

4 - SERVICE AND PRICES MODIFICATIONS

Our product prices are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time and without notice.

We will not be liable to you or any third party if the Service is modified, priced, suspended, or discontinued.

5 - Products OR SERVICES (if applicable)

Certain products or services would only be available through the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.

We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that the colors displayed on your computer monitor will be accurate.

We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic region, or jurisdiction. On a case-by-case basis, we may exercise this right. We reserve the right to limit the quantity of any products or services we provide. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time for any reason. Any offer made on this site for any product or service is void where prohibited.

We make no guarantee that the quality of any products, services, information, or other material you purchase or obtain will meet your expectations, or that any errors in the Service will be corrected.

6 - BILLING AND ACCOUNT INFORMATION ACCURACY

We reserve the right to reject any order placed with us. We reserve the right, at our sole discretion, to limit or cancel the number of items purchased per person, per household, or per order. Orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address may be subject to these restrictions. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.

For all purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can complete transactions and contact you as needed.

For more detail, please review our Returns Policy.

7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control or input.

You acknowledge and agree that we provide access to such tools "as is" and "as available," with no warranties, representations, or conditions of any kind, and without any endorsement. We accept no liability arising from or related to your use of optional third-party tools.

Any use of optional tools made available through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms under which the tools are made available by the relevant third-party provider (s).

We may also offer new services and/or features on the website in the future (including, the release of new tools and resources). These Terms of Service will apply to any new features and/or services.

8 - LINKS TO THIRD-PARTY WEBSITES

Third-party materials may be included in certain content, products, and services available through our Service.

Third-party links on this site may take you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we make no warranty and accept no liability or responsibility for any third-party materials or websites, or for any other materials, products, or services provided by third parties.

We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or other transactions made in connection with any third-party websites. Please carefully review and understand the third-policies party's and practices before engaging in any transaction. Third-party product complaints, claims, concerns, or questions should be directed to the third-party.

9 - COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS FROM USERS

If you send certain specific submissions (for example, contest entries) at our request, or without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any way we see fit. We are not and will not be obligated to (1) keep any comments confidential; (2) compensate for any comments; or (3) respond to any comments. We may, but are under no obligation to, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your comments will not infringe on any third-rights, party's including copyright, trademark, privacy, personality, or any other personal or proprietary right. You also agree that your comments will not contain libelous or otherwise illegal, abusive or obscene material, nor will they contain any computer virus or other malware that could interfere with the operation of the Service or any related website. You may not use a false email address, pose as someone other than yourself, or otherwise mislead us or third parties about the origin of any comments. Any comments you make, as well as their accuracy, are solely your responsibility. We accept no responsibility or liability for any comments posted by you or any third party.

10 - PERSONAL DETAILS

Our Privacy Policy governs your submission of personal information through the store. View our Privacy Statement.

11- ERRORS, INACCURACIES, AND OMISSIONS 

On occasion, information on our website or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right, at any time and without prior notice, to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate (including after you have submitted your order).

Except as required by law, we make no commitment to update, amend, or clarify information in the Service or on any related website, including, without limitation, pricing information. There is no specific update or refresh date applied in the Service or on any related website that should be interpreted as indicating that all information in the Service or on any related website has been modified or updated.

12 - PROHIBITED APPLICATIONS

In addition to the other prohibitions stated in the Terms of Service, you are not permitted to use the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; or (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten others; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; I to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to collect or track the personal information of others. For violating any of the prohibited uses, we reserve the right to terminate your use of the Service or any related website.

13 - WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

We make no guarantees, representations, or warranties that your use of our service will be continuous, timely, secure, or error-free.

We do not guarantee that the results obtained from using the service will be accurate or reliable.

You agree that we may discontinue the service for indefinite periods of time or cancel the service at any time without prior notice to you.

You expressly agree that your use of the service, or inability to use it, is entirely at your own risk.Except as expressly stated by us, the service and all products and services delivered to you through the service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Hutosh, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted,or made available in any other way through the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the greatest extent permitted by law in such states or jurisdictions.

14- INDEMNIFICATION 

You agree to indemnify, defend, and hold harmless Hutosh and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand made by any third-party due to or arising out of your breach of these Terms of Service or the Agreement.

15 - PERMANENCE

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

16 - SUSPENSION

For all purposes, the parties' obligations and liabilities incurred prior to the termination date will survive the termination of this agreement.

These Terms of Service are in effect until either you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by discontinuing use of our website.

If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or we suspect that you have failed to comply, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not be construed as a waiver of that right or provision.

These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

18- THE LAW OF GOVERNMENT

These Terms of Service, as well as any separate agreements under which we provide you Services, will be governed and construed in accordance with the laws of the United States.

19 - CHANGES TO TERMS OF SERVICE

The most recent version of the Terms of Service can be found on this page at any time.

We reserve the right to update, change, or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website for changes on a regular basis. Your continued use or access to our website or the Service after any changes to these Terms of Service are posted constitutes acceptance of those changes.

20 - CONTACT DETAILS

If you have any questions about the Terms of Service, please contact us at 

hutoshbusiness@gmail.com

21-TERMS AND CONDITIONS OF THE SMS/MMS MOBILE MESSAGE MARKETING PROGRAM

Hutosh (hereinafter, "We," "Us," or "Our") provides a mobile messaging program (the "Program") in which you agree to use and participate subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the "Agreement"). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the section below titled "Dispute Resolution." This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policies that may govern your relationship with Us in other ways.

User Opt In: By affirmatively opting into the Program, Users can receive SMS/MMS mobile messages. This can be done through online or application-based enrollment forms. You agree that this Agreement applies to your participation in the Program regardless of the opt-in method you used to join it. You agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in by participating in the Program, and you understand that consent is not required to make any purchase from Us.While you agree to receive messages sent via autodialer, the preceding should not be interpreted to suggest or imply that any or all of Our mobile messages are sent via an automatic telephone dialing system (“ATDS” or “autodialer”). Rates for messages and data may apply.

To opt out of the Program, you must respond STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us. You may also receive a text message confirming your decision to opt out. You understand and agree that the options listed above are the only reasonable ways to opt out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those listed above or verbally requesting that one of our employees remove you from our list, is not a reasonable method of opting out.

Duty to Notify and Indemnify: If you intend to discontinue using the mobile telephone number used to subscribe to the Program at any time, including canceling your service plan or selling or transferring the phone number to another party, you agree to complete the User Opt Out process outlined above prior to discontinuing use of the mobile telephone number. You acknowledge and agree that your agreement to do so is a material part of these terms and conditions. You also agree that if you stop using your mobile telephone number without notifying Us, you will be liable for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individuals who are later assigned that mobile telephone number. This duty and agreement will survive any cancellation or termination of your participation in any of our Programs.

Program Description:Users who opt into the Program can expect to receive messages about the marketing and sale of digital and physical products, services, and events, without limiting the scope of the Program.

Cost and Frequency: Message and data rates may apply. The Program includes recurring mobile messages, and additional mobile messages may be sent on a regular basis depending on your interaction with Us.

Support Instructions: For Program support, text "HELP" to the number from which you received messages or email us at huoshbusiness@gmail.com. Please keep in mind that using this email address to opt out of the program is not an acceptable method. Opt-out requests must be submitted in accordance with the procedures outlined above.

MMS Disclosure: If your mobile device does not support MMS messaging, the Program will send SMS TMs (terminating messages).

Our Warranty Disclaimer: The Program is provided "as-is" and may not be available in all areas at all times, nor will it continue to work if your wireless carrier makes product, software, coverage, or other changes. We will not be held liable for any delays or failures in receiving mobile messages related to this Program. Mobile message delivery is subject to effective transmission from your wireless service provider/network operator and is beyond Our control. T-Mobile is not responsible for missed or delayed mobile messages.

Participant Requirements: You must own a wireless device capable of two-way messaging, be a wireless service subscriber with text messaging service, and use a participating wireless carrier. Not all cellular phone service providers offer the required service to participate. For specific text messaging instructions, check your phone's capabilities.

Prohibited Content: You acknowledge and agree that you will not send any prohibited content through the Platform. The following are examples of prohibited content:

Any activity that is fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking; Profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age are all examples of objectionable content.Computer programs, viruses, worms, Trojan horses, or other malicious code that has been pirated; Any product, service, or promotion that is illegal in the jurisdiction in which it is received; Any content that implicates and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and Any other content that is prohibited.

Dispute Resolution: If there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, farising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, or suspension of the Program, we will resolve it.

The parties agreed to submit the dispute to binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in effect at the time. Except as otherwise provided herein, the arbitrator shall apply, without regard to conflict of laws rules, the substantive laws of the Federal Judicial Circuit in which Hutosh principal place of business is located. Within ten (10) calendar days of receiving the arbitration demand, the parties must agree on an arbitrator with at least five years of experience in that capacity and knowledge of and experience with the subject matter of the dispute.If the parties are unable to agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator who must meet the same experience requirements. In the event of a dispute, the arbitrator will rule on the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that instead of seeking emergency injunctive relief from a court, the AAA's rules governing Emergency Measures of Protection will apply. The arbitrator's decision shall be final and binding, and no party shall have any rights of appeal except as provided in section 10 of the FAA. Each party shall bear its proportionate share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the authority to order one party to pay all or a portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator will only be able to award attorneys' fees if it is expressly authorized by statute or contract. Unless required by law, neither a party nor the arbitrator may reveal the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or render such term or provision invalid or unenforceable in any other jurisdiction. If a dispute is resolved in court rather than through arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will apply even if you cancel or terminate your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and that nothing in this Agreement or in performing such obligations will cause you to breach any other contract or obligation. The failure of either party to exercise any right provided for herein in any way will not be construed as a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, it will be limited or eliminated to the extent necessary so that the remainder of this Agreement remains in full force and effect and enforceable. Unless explicitly stated otherwise in writing, any new features, changes, updates, or improvements to the Program will be subject to this Agreement. We reserve the right to modify this Agreement at any time. You will be notified of any changes to this Agreement. You acknowledge that it is your responsibility to review this Agreement on a regular basis and to be aware of any changes. You accept this Agreement, as modified, by continuing to participate in the Program following any such changes.

Support Email:

Questions about the Terms of Service should be sent to us at hutoshbusiness@gmail.com.