The terms and conditions of this agreement (“Agreement“) are made by and between HS Franchising, LLC, a Minnesota limited liability company, whose registered address is 5865 Neal Ave. N., #113 / Stillwater, MN 55082 (“we,” “us,” and “our“) and any entity who accesses the data published on the Internet at <https://shop.hammerschlagen.com/> (“Website“). By accessing this Website, you warrant and represent that you: may legally enter into this Agreement; hold this Agreement as valid; and agree to be bound by this Agreement and any modifications hereto. In the event that you do not agree with this Agreement, as modified, your only recourse will be to stop accessing this Website.
We may, in our sole and absolute discretion, modify this Agreement at any time. We will notify you about changes to this Agreement by updating the following effective date on this page: this Agreement was last modified and is effective as of 21 December 2017.
The information contained on this Website is provided AS-IS, and without any expressed or implied warranty of any kind. We can change the content or functionality at anytime, and you must understand that it could contain inaccuracies or errors. We try to keep this Website running well, but do not warrant or guarantee its proper operation. You use this information and this Website entirely at your own risk.
We are not, and will not be, liable for any damage or injury caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, or line failure, or any other events. We have no liability for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, this Website and/or the information it contains. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
The Hammer-Schlagen® Brand
WRB, Inc., a Minnesota corporation, (“WRB“) offers entertainment services in the nature of providing persons an opportunity to participate in a game in which participants drive nails into wood (the “Service“). WRB offers the Service under a three-dimensional configuration of shapes and designs constituting trade dress (“Trade Dress“) as well as under the HAMMER-SCHLAGEN trademark (“Trade Name“) and other various words, phrases, and images (individually, a “Trademark“). In addition, WRB has published works of art and distributed them in promotion of the Service under the Trade Dress, Trade Name, and Trademarks to which WRB claims copyright (individually, a “Copyright”), including, but not limited to, the content found on this Website. The Trade Dress, Trade Name, Trademarks, and Copyrights (collectively, the “Brand“) are more fully described online at <https://www.hammerschlagen.com/our_brand/>. By accessing this Website, you acknowledge and agree that: WRB has and continues to offer the Service throughout the United States under the Brand; the intellectual property rights of WRB in and to each element of the Brand (individually, an “Element“) are valid and enforceable; offering the Service in conjunction with any Element without first obtaining the express written consent of WRB is unlawful, and that doing so in conjunction with any Product is a violation of WRB’s intellectual property rights; and you will not infringe upon or contest any of the intellectual property rights of WRB.
We offer and sell goods on and through this Website (individually, a “Product“). Elements of the Brand appear on the Products. We have been granted a license by WRB to manufacture, sell, and offer the Products containing one or more of the Elements.
For Non-Commercial Use Only
You agree and understand that one or more Elements appear on Products, and that the assembly of some Products both together and with other goods may constitute an Element. You agree and understand that we are offering and selling such Products to you only for your private use and enjoyment and with the understanding that you will not use any Products in commerce, without regard to whether or not such use is attached to any monetary gain or loss. In the event you purchase a Product, you warrant and represent that you will not use any such Product in commerce without first obtaining the express written consent of WRB; failing which you agree that your conduct constitutes knowing and willful trademark and/or copyright infringement and thereby is a violation of WRB’s intellectual property rights. In the event you violate WRB’s intellectual property rights, you agree that WRB may take legal action against you and you shall be held liable for, and shall pay to WRB, the cost of said legal action which include, but is not limited to, court costs and attorney fees, the maximum statutory treble damages allowed by law, liquidated damages of $1,000 per use per Element, and any and all other relief that a court of competent jurisdiction may so award, both in law and equity; you further agree that a permanent injunction shall be entered against you ordering you to indefinitely be barred from using any of the Elements of the Brand under the threat of fines, imprisonment, and other relief that the court may so prescribe. Notwithstanding any other provision herein or law to the contrary, the warranties, representations, and provisions of this paragraph shall survive the termination of this Agreement.
Delivery Of Products
Products you purchase may be printed on-demand by a third-party manufacturing, wholesaling, and fulfillment service. If your Product is fulfilled by such a service, it will be shipped by a carrier of the fulfillment service’s choosing. Though Products are expected to be delivered within the time frame as stated during checkout, we make no guarantee that delivery will be made within this expected time frame. No refunds will be issued or discounts given based upon the failure of Products to be delivered within any expected time frames. If ordering multiple Products, they may be delivered via separate shipments. We are not obligated to provide any information regarding the status of your order to you; except in cases when the shipping carrier provides its tracking number to us, we may provide that tracking number to you.
In the event that you purchase a Product from us, we will accept the return of the Product in question provided only that you ship the Product in question to us at your own cost, we receive the product twenty (20) business days following the date it was originally delivered to you, and you provide the order number with the returned Product; failing which you will not be eligible for a refund nor will we be required to return the Product to you. Provided the foregoing conditions are met, we will issue a refund for an amount equal to the original price of the Product, less any shipping charges or taxes originally charged for the item. The method of the refund will be determined by our merchant. No other warranties or guarantees of the Product are made of any kind, neither expressed or implied, and the Product is being provided to you on an AS-IS and WHERE-IS basis.
Information We Collect
We may collect e-mail addresses from you and other users who voluntarily indicate that they would like to receive additional information from us. We will not sell, rent, or trade your e-mail address or any other information you submit to us. If you send any information by e-mail, said e-mail is not a secure form of communication and can be intercepted. We cannot guarantee that unauthorized third-parties will never be able to defeat any security measures that are in place or use your personal information for improper purposes. No personal information is automatically collected from visitors to this Website. We may from time to time collect certain non-personal information about visitors to this Website, through direct questions. We may also track certain operating information, like the browser you are using or the identity of your Internet service provider. We, and our affiliates and related companies, can use this information generally to enhance and refine our operations, product development, and for internal and operating purposes. Our third party agents, subsidiaries, affiliates and related companies sometimes will have access to information collected on this Website to fulfill business objectives and for other commercial purposes. We also have the right to use aggregated, data collected about you and other users as a group for our business purposes.
This Website has the ability to grant specific entities (each a “User“) to store information and track activity apart from other Users (an “Account“). In some instances, and Account is required to access certain features and content of this Website. In the event you choose to create an Account, you agree: that any and all information you submit to us through your Account was done so voluntarily; to retain responsibility for all the activity that happens on, in, or through your Account; and to hold us harmless for anything that may happen as a result of your use of your Account. We attempt to protect your Account by requiring authentication by way of a username and password; keep the authentication information of your Account private. You agree not to access any User’s Account other than your own, and acknowledge that your Account might be accessed by the public or another User. We reserve the right, in and at our sole and absolute discretion, to disable and/or delete your Account, in whole or in part.
In some instances, information submitted through your Account is intended to be made publicly accessible (a “Comment“). When you submit a Comment, identifying information may appear in close proximity to the Comment. We reserve the right to censor and/or delete your Comments.
We may store some information on your computer through what is commonly known as a cookie (a “Cookie“). We may use a Cookie, in addition to other things, to help us adjust this Website to your preferences and interests. Your computer may offer ways to erase or block Cookies, so refer to your computer’s instructions for additional information on the availability of those features, if you are interested.
Third Party Links
The display of URLs or hypertext links anywhere on this Website or any other form of re-direction of your connection to, with, or through this Website (a “Link“) is not an endorsement, nor do we have any obligation, responsibility or liability resulting from any Links. We do not verify or have any responsibility for any other parties or websites (including their privacy policies) or for any of their goods or services even if we separately have a marketing, advertising, or other promotional arrangement with them. If a third-party obtains information from or about you, we have no responsibility or liability for their conduct or activities.
This Website may provide Links to websites which are not under our control and are not covered by this Agreement. If you use the Links, you do so at your own risk. We encourage you to review the privacy policies posted on these (and all) websites.
Headings used to define articles and sections herein are provided for convenience and reference only, and shall not be used to construe meaning or intent. Where appropriate, words signifying one gender shall include the others, and words signifying the singular shall include the plural and vice versa. All monies described herein are in legal tender of the United States of America.
This Agreement and the relationship contemplated herein shall be governed by, and construes in accordance with, the internal laws of the State of Minnesota without regard to its conflict or choice of law rules or provisions. Any dispute arising under or in relation hereto shall be resolved exclusively through a court having jurisdiction of the same, and the parties hereof each individually accept themselves and in connection with their respective properties, unconditionally, the exclusive jurisdiction of the same in any action, suit, or proceeding of any kind against it which arises our of or by reason hereof.
Should any portion of this instrument be deemed unlawful, void, invalid, or unenforceable by any court of competent jurisdiction, then this instrument as a whole shall not be deemed unlawful, void, invalid, or unenforceable, but only that portion which is found to be unlawful, void, invalid, or unenforceable shall be stricken and replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision with the remaining terms shall remain in full force and effect as if such unlawful, void, invalid, or unenforceable term had never been included.
Successors & Assigns
This instrument shall be binding upon the successors and assigns of the parties hereto, and shall accrue to the benefit and be enforceable by such a party’s successors, legal representatives, and assigns.