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Terms and Conditions of Website

  1. Welcome to the website of Bill Hicks & Co., Ltd. ("Bill Hicks & Co.," "we" or "us")  The following terms and conditions (together with any documents referred to in them) (collectively, the "Terms of Use") apply to your use of www.BillHicksCo.com  (the "Website"), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user, or through mobile or desktop application versions of the Website.  Please read these Terms of Use carefully before using www.BillHicksCo.comBy using www.BillHicksCo.com, you signify your consent to these Terms of Use and our Privacy Policy, incorporated here by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website.
  2. Bill Hicks & Co. respects your privacy.  Please review our Privacy Policy to understand our practices. 
  3. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.  If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Bill Hicks & Co. of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.  We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.
  4. The content on the Website is for information purposes only and you agree that your use of and browsing in the Website is at your risk.  In no event shall Bill Hicks & Co., its officers, directors, employees or agents, be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein and whether or not Bill Hicks & Co. is advised of the possibility of such damages. 
  5. You agree to defend, indemnify and hold harmless Bill Hicks & Co., its officers, directors, employees or agents against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of the Website or resulting from, or alleged to result from, your use of the Website or your violation of these Terms of Use. 
  6. We make every effort to ensure the accuracy of billhicksco.com.  However, in the event there is an error or discrepancy we will not be held liable for damages including lost profit.  In the event of pricing errors we retain all remedies subsequent to your taking delivery of the product. If you have a question about the product or pricing please contact us before ordering.  Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Minnesota in the United States of America, without regard to conflict of law principle. You hereby consent and waive all objection to the exclusive jurisdiction of the federal and state courts located in Minneapolis, Minnesota to resolve any controversy or claim of whatever nature arising out of or relating to use of billhicksco.com.
  7. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.  You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Bill Hicks & Co. and its subsidiaries and affiliates the license granted in this paragraph.  You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold harmless Bill Hicks & Co. and its subsidiaries, affiliates and licensors from any breach of this representation and warranty.  You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bill Hicks & Co., have full responsibility for the legality, reliability, accuracy, and appropriateness of such content.  Any content and/or opinions submitted to the Website, and all articles and responses to questions and other content, other than the content provided by Bill Hicks & Co., are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of the Company.  We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.  We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Website and the public or could create liability for the Company.
  • Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.  However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  1. Bill Hicks & Co. assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video, or audio from the Website .
  2. All right, title and interest in the Website and any content contained herein is the exclusive property of Bill Hicks & Co., except as otherwise stated.  The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the trademarks of Bill Hicks & Co. or their respective third-party owners.  Under no circumstances may you alter, modify, or change these Trademarks.  You are prohibited from using the Trademarks for any purpose without the written permission of Bill Hicks & Co. or such third party, which may own the Trademarks. 
  3. The Website may contain links to other websites operated by third parties other than Bill Hicks & Co.  Such links are provided for your convenience only. Bill Hicks & Co. does not control such websites and is not responsible for their content. The fact that the Website contains links to sites operated by third parties other than Bill Hicks & Co. does not mean that Bill Hicks & Co. approves of, endorses or recommends those sites, nor does it imply any association with their operators. Your linking to any other off-site pages or other sites is at your own risk. Bill Hicks & Co. disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from any third party websites or content therein directly or indirectly accessed through links in the Website .
  4. By accessing the Website, you agree that the laws of the State of Minnesota, without regard to the conflict of laws and principles thereof, will apply to all matters relating to the use of the Website.  You also submit to the personal jurisdiction of Minnesota and the venue of the state and federal Courts of Minnesota. 
  5. Bill Hicks & Co. may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. 
  6. The illegality or unenforceability of any provision of these Terms of Use shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms of Use.
  7. This website contains information, documents, and images prepared by Bill Hicks & Co., Ltd. While the information contained in this website has been formulated with all due care, Bill Hicks & Co., Ltd. does not warrant or represent that the information or images are free from errors or omission, or that it is exhaustive.



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