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OVERVIEW
This website is operated by H Bar C Ranchwear. Throughout the site, the terms “we,” “us,” and “our” refer to H Bar C Ranchwear. H Bar C Ranchwear offers this website, including all information, tools, and services available from this site, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including browsers, customers, merchants, vendors, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update or modify these Terms at any time by posting changes to this page. Your continued use of the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e commerce platform that allows us to sell our products and services.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose or violate any applicable laws.
You must not transmit any viruses or destructive code.
Any breach of these Terms may result in immediate termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding credit card information) may be transferred unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Headings are included for convenience only and do not affect interpretation.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. Content is provided for general information only and should not be relied upon as the sole basis for decision making.
Historical information is provided for reference only. We reserve the right to modify site content at any time but have no obligation to update information. You are responsible for monitoring changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice.
We reserve the right to modify or discontinue the Service at any time without notice and shall not be liable for any such changes.
SECTION 5 – PRODUCTS OR SERVICES
Certain products may be available exclusively online and in limited quantities. All products are subject to our Return Policy.
We make reasonable efforts to display product colors accurately but cannot guarantee display accuracy across devices.
We reserve the right to limit sales, quantities, or discontinue products at our discretion. Product descriptions and pricing are subject to change without notice.
We do not warrant that products or services will meet your expectations or that errors will be corrected.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders at our discretion, including those that appear to be placed by resellers or distributors.
You agree to provide accurate and current purchase and account information and to update such information as needed.
For details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third party tools “as is” and “as available” without warranties or endorsements. Use of such tools is at your own risk.
SECTION 8 – THIRD PARTY LINKS
We are not responsible for third party content, products, or services. Please review third party policies before engaging in transactions.
SECTION 9 – USER COMMENTS AND SUBMISSIONS
Any comments or submissions you provide may be used by us without restriction or compensation. We are not obligated to maintain confidentiality or respond.
You are responsible for the content and accuracy of your submissions.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
SECTION 11 – ERRORS AND OMISSIONS
We reserve the right to correct errors, update information, or cancel orders at any time without prior notice.
SECTION 12 – PROHIBITED USES
You are prohibited from using the site for unlawful purposes, infringing intellectual property rights, transmitting malware, interfering with site security, abusing refund or return systems, or engaging in fraudulent or deceptive conduct. Violations may result in termination.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
All services and products are provided “as is” and “as available” to the fullest extent permitted by law. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, durability, title, and non infringement.
You expressly waive any claims for emotional distress, loss of enjoyment, reputational harm, or other non economic damages.
In no event shall H Bar C Ranchwear, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, consequential, special, or punitive damages.
In no event shall H Bar C Ranchwear’s total liability to you for any claim exceed the amount paid by you for the product giving rise to the claim.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless H Bar C Ranchwear and its affiliates from any claim, demand, loss, or expense arising out of your breach of these Terms or violation of law.
SECTION 15 – SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions remain in effect.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by you or us. We may terminate access without notice for violations.
SECTION 17 – ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and H Bar C Ranchwear and supersede all prior agreements or understandings.
SECTION 18 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflict of law principles.
SECTION 19 – DISPUTE RESOLUTION; BINDING ARBITRATION
Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any products purchased shall be resolved exclusively through binding individual arbitration, rather than in court.
Arbitration shall be conducted on an individual basis only. You agree that you may not bring claims as a plaintiff or class member in any class, collective, or representative action.
The arbitration shall be conducted under the rules of the American Arbitration Association. Judgment on the award may be entered in any court having jurisdiction.
Each party shall initially bear its own costs. The prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses from the non prevailing party, to the fullest extent permitted by law.
Notwithstanding the foregoing, H Bar C Ranchwear may seek temporary, preliminary, or permanent injunctive relief in a court of competent jurisdiction to prevent misuse or infringement of its intellectual property, confidential information, or brand assets, without the requirement to post bond.
SECTION 20 – WAIVER OF JURY TRIAL
To the fullest extent permitted by law, you knowingly and voluntarily waive any right to a trial by jury in any action arising out of or relating to these Terms, the Service, or any products purchased.
SECTION 21 – LIMITATION ON CLAIMS
Any claim or cause of action arising out of or relating to these Terms, the Service, or any products must be commenced within one (1) year after the claim arises, or such claim is permanently barred.
SECTION 22 – NO RELIANCE
You acknowledge that you have not relied on any statement, representation, warranty, or promise not expressly set forth in these Terms or on the website in making your decision to purchase products or use the Service.
SECTION 23 – ASSUMPTION OF RISK
You acknowledge that the use and wear of apparel involves inherent risks, including normal wear and tear, and you voluntarily assume all such risks associated with products purchased from H Bar C Ranchwear.
SECTION 24 – FORCE MAJEURE
We shall not be liable for failure or delay caused by events beyond our reasonable control, including acts of God, labor disputes, supply chain disruptions, carrier delays, governmental actions, or failures of third party service providers.
SECTION 25 – CONFIDENTIALITY OF DISPUTES
Any arbitration, dispute, claim, or proceeding arising out of or relating to these Terms, including the existence of such dispute and any related communications or outcomes, shall be confidential except as required by law.
SECTION 26 – ELECTRONIC RECORDS AND EVIDENCE
You agree that H Bar C Ranchwear’s electronic records, system logs, transaction histories, communications, and platform data shall be admissible as evidence and shall constitute prima facie evidence of the matters recorded therein, absent manifest error.
SECTION 27 – RIGHT TO CURE
Prior to initiating any dispute, claim, or arbitration, you agree to provide written notice of the issue and allow H Bar C Ranchwear no less than thirty (30) days to investigate and, if appropriate, cure the matter.
SECTION 28 – NO ASSIGNMENT OF CLAIMS
You may not assign, transfer, or sell any claim, cause of action, or right arising out of or relating to these Terms without H Bar C Ranchwear’s prior written consent.
SECTION 29 – ACCOUNT ABUSE AND CHARGEBACKS
We reserve the right to suspend or terminate accounts, refuse service, or pursue collection for accounts associated with excessive returns, refund abuse, chargebacks, fraud, or violations of these Terms.
SECTION 30 – SURVIVAL
Sections relating to arbitration, waiver of jury trial, limitation of liability, indemnification, governing law, confidentiality, and any provisions which by their nature should survive termination shall survive termination of these Terms.
SECTION 31 – CHANGES TO TERMS
We reserve the right to update these Terms at any time. Continued use of the Service constitutes acceptance of changes.
SECTION 32 – CONTACT INFORMATION
Questions regarding these Terms should be sent to rick@hbarc.com.