These Terms of Service ("Terms") govern your access to and use of the products, services, websites, and applications (collectively, the "Services") provided by Hamel Group, LLC ("Hamel Group", "we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to accept these Terms on behalf of that organization. If you do not agree to these Terms, you may not access or use the Services.
You may use the Services only if you are at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract with Hamel Group, LLC, and are not barred from using the Services under applicable law.
Certain Services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Subject to your compliance with these Terms, Hamel Group, LLC grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business or personal purposes, as applicable.
You agree that you will not, and will not permit or encourage any third party to:
Some Services may be offered for a fee, subscription, or other charge. If you purchase any paid Services, you agree to pay all applicable fees and taxes in accordance with the billing terms presented to you at the time of purchase. Unless otherwise stated, all fees are in U.S. dollars and are non-refundable to the fullest extent permitted by law.
You authorize Hamel Group, LLC and our third-party payment processors to charge your selected payment method for the amounts due. You are responsible for providing and maintaining accurate billing information. If payment cannot be completed, we may suspend or terminate your access to the applicable Services.
"User Content" means any data, information, text, files, documents, graphics, or other materials that you submit, upload, or otherwise make available through the Services. You retain all rights to your User Content, subject to the limited license granted in these Terms.
By submitting User Content to the Services, you grant Hamel Group, LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform your User Content solely as reasonably necessary to operate, improve, and provide the Services, and as otherwise described in our Privacy Policy.
You represent and warrant that you have all rights necessary to grant this license and that your User Content, and your use and provision of it through the Services, will not violate any law or infringe any third-party rights, including intellectual property, privacy, or publicity rights.
Hamel Group, LLC may send SMS messages to the phone number you provide for purposes including transaction alerts, appointment reminders, order and shipping updates, account notifications, and marketing or promotional messages. By providing your phone number, you consent to receive such messages.
Message & data rates may apply. Frequency of messages may vary. To opt out of marketing messages, reply STOP. You may still receive transactional or informational messages after opting out. For assistance, reply HELP or contact customer support at [email protected].
Carriers are not liable for delayed or undelivered messages. You must be at least 18 years old to enroll in SMS communications. For information on how we collect, use, and share your information, please see our Privacy Policy.
The Services and all content, features, and functionality provided by Hamel Group, LLC, including but not limited to software, interfaces, graphics, text, templates, and documentation, are owned by or licensed to Hamel Group, LLC and are protected by intellectual property and other laws. Except for the limited rights expressly granted to you in these Terms, Hamel Group reserves all rights, title, and interest in and to the Services.
Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, and share your information. By using the Services, you acknowledge that you have read and understand the Privacy Policy. To the extent of any conflict between these Terms and the Privacy Policy, these Terms will govern with respect to the subject matter hereof.
The Services may integrate with or provide links to third-party websites, applications, products, or services ("Third-Party Services"). Third-Party Services are not controlled by Hamel Group, LLC, and we are not responsible for their content, functionality, or practices. Your use of Third-Party Services is subject to the terms and policies of those third parties, and you access them at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HAMEL GROUP, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any defects will be corrected. Hamel Group does not guarantee any specific results from the use of the Services, and you acknowledge that your use of the Services is at your sole discretion and risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAMEL GROUP, LLC OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, Hamel Group, LLC’s total cumulative liability arising out of or relating to these Terms or the Services will not exceed the greater of: (a) the amounts you have paid to Hamel Group, LLC for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
You agree to indemnify, defend, and hold harmless Hamel Group, LLC and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content; or (c) your violation of these Terms or any applicable law or regulation.
We may suspend or terminate your access to and use of the Services at any time, with or without cause, and with or without notice, including if we reasonably believe that you have violated these Terms or pose a risk of harm, fraud, or liability to us, other users, or third parties.
Upon termination, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including, without limitation, ownership provisions, disclaimers, limitations of liability, and indemnity obligations) will remain in full force and effect.
We are continually improving our Services and may add, change, or discontinue features or functionality at any time. We may also modify these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.
These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of the state in which Hamel Group, LLC is organized, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or your use of the Services.
You and Hamel Group, LLC agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the jurisdiction of Hamel Group’s principal place of business, except where prohibited by applicable law. Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for breaches relating to intellectual property or confidentiality obligations.
a. Entire Agreement. These Terms, together with any order forms or additional terms incorporated by reference, constitute the entire agreement between you and Hamel Group, LLC regarding the Services and supersede all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
b. Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. Hamel Group, LLC may freely assign these Terms without restriction. Any attempted assignment in violation of this section is void.
c. No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Hamel Group, LLC.
d. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
e. Notices. Notices to Hamel Group, LLC must be sent in writing to the contact address provided on our website or as otherwise designated by us, and are deemed given when received. We may send notices to you via email, through the Services, or by posting on our website.
If you have any questions about these Terms or the Services, you may contact Hamel Group, LLC using the contact details provided on our website.