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OVERVIEW

Welcome to HillstoneMarket. The terms “we,” “us,” and “our” refer to HillstoneMarket. HillstoneMarket operates this online store and website, including the related information, content, features, tools, products, and services made available through them (collectively, the “Services”). Our store is hosted by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service (“Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully. They contain important information about your legal rights, including warranty disclaimers, limitations of liability, and dispute-related provisions.

By visiting, accessing, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you must not access or use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have authorized any minor dependents under your supervision to use the Services on devices that you own or manage.

To access certain features, browse our online store, or purchase products or services, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have the right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account. You may not sell, transfer, assign, or license your account to another person without our prior written consent.

We reserve the right to refuse service, suspend access, or terminate an account where permitted by applicable law, including when we reasonably believe that an account is being used fraudulently, unlawfully, or in violation of these Terms.

SECTION 2 — PRODUCTS AND PRODUCT INFORMATION

We make reasonable efforts to display and describe our products accurately. However, product colors, appearance, proportions, and other visual details may vary depending on your device, screen settings, lighting conditions, photography, and normal manufacturing variations.

Product descriptions, specifications, prices, availability, and other information may be updated or corrected without prior notice. We reserve the right to discontinue a product or limit the quantity of products offered to any person, geographic region, or jurisdiction, where permitted by law.

We do not guarantee that every product will meet every customer’s subjective expectations. However, nothing in these Terms excludes or limits any warranty, guarantee, remedy, or consumer right that cannot lawfully be excluded or limited.

Please review the applicable product page carefully before placing an order. Contact us before purchasing if you need clarification regarding a product’s specifications, intended use, size, compatibility, materials, or other characteristics.

SECTION 3 — ORDERS

When you submit an order, you are making an offer to purchase the selected products or services. Receipt of an order confirmation does not necessarily mean that your order has been accepted. An order is accepted when we confirm acceptance, begin fulfillment, or ship the order, as applicable.

We reserve the right to accept, reject, limit, or cancel an order where permitted by applicable law. Reasons may include product unavailability, suspected fraud, payment authorization issues, pricing or listing errors, shipping restrictions, or a violation of these Terms.

Payment must be authorized and processed before an order is accepted or fulfilled. If we reject, change, or cancel an order after payment has been authorized or collected, we will issue any applicable refund to the original payment method.

Please review your order carefully before submitting it. If you need to request a change or cancellation, contact us as soon as possible. We will try to accommodate the request before fulfillment begins, but changes or cancellations cannot be guaranteed after an order has been processed or shipped.

If we need to contact you about an order, we may use the email address, telephone number, billing address, or shipping address provided at checkout.

Returns, exchanges, and refunds are governed by our Refund Policy.

You represent that purchases made through the Services are primarily for personal, family, or household use and not for unauthorized commercial resale or export.

SECTION 4 — PRICES, PROMOTIONS, TAXES, AND BILLING

Prices, discounts, promotions, and product availability may change without notice. The price charged will be the price displayed at the time the order is submitted, subject to correction of obvious pricing or listing errors.

Unless expressly stated otherwise, displayed product prices do not include shipping charges, handling charges, taxes, customs duties, import fees, or other government charges. Applicable charges known to us will be displayed during checkout.

Prices on our online store may differ from prices offered through third-party marketplaces, physical locations, social media shops, or other sales channels.

Promotions may be subject to separate terms, eligibility requirements, expiration dates, product exclusions, or usage limits. If promotion-specific terms conflict with these Terms, the promotion-specific terms will control for that promotion.

You agree to provide current, complete, and accurate billing, payment, purchase, and account information. You agree to update your information promptly when necessary so we can complete transactions and contact you regarding your order.

You represent and warrant that:

1. the payment information you provide is accurate and complete;
2. you are authorized to use the selected payment method;
3. charges submitted through the selected payment method will be honored; and
4. you are responsible for the applicable purchase price and any disclosed shipping, tax, customs, or other charges.

SECTION 5 — SHIPPING AND DELIVERY

Order processing times, shipping methods, shipping charges, estimated delivery times, international shipping availability, customs information, and tracking procedures are described in our Shipping Policy.

Delivery dates and transit times are estimates unless expressly stated otherwise. Delivery may be affected by carrier operations, customs processing, weather, holidays, incorrect or incomplete addresses, periods of high demand, and other circumstances outside our reasonable control.

We are not responsible for delays caused solely by carriers, customs authorities, or events outside our reasonable control. However, this provision does not limit any responsibility or consumer right that cannot lawfully be excluded.

Responsibility for loss of or damage to products during delivery will be determined in accordance with applicable law, the applicable shipping arrangement, and our published Shipping and Refund Policies.

Customers are responsible for providing a complete and accurate delivery address. If an address is incorrect or incomplete, contact us immediately. We will attempt to update it before fulfillment, but changes cannot be guaranteed after processing or shipment has begun.

SECTION 6 — INTELLECTUAL PROPERTY

The Services and their content, including trademarks, trade names, logos, text, product descriptions, graphics, photographs, videos, audio, reviews, page layouts, software, and the selection and arrangement of such materials, are owned by HillstoneMarket, its affiliates, licensors, suppliers, or other rights holders and are protected by applicable intellectual property laws.

Subject to these Terms, you may access and use the Services for personal and non-commercial purposes. Unless permitted by law or authorized in writing, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, sell, license, scrape, or otherwise exploit any material from the Services.

Nothing in these Terms grants you a license or other right in any patent, trademark, copyright, trade secret, or other intellectual property belonging to HillstoneMarket, Shopify, or any third party, except for the limited right to use the Services in accordance with these Terms.

The HillstoneMarket name, logo, product names, service names, designs, and slogans are trademarks or trade dress of HillstoneMarket or their respective owners and may not be used without prior written authorization.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, marks, and logos appearing through the Services belong to their respective owners.

SECTION 7 — OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, integrations, applications, or services made available by third parties. We may not monitor, control, or have input into these tools.

Third-party tools are provided on an “as is” and “as available” basis to the fullest extent permitted by law. We do not endorse or guarantee them and are not responsible for losses arising solely from your use of a third-party tool.

Your use of any third-party tool is at your own discretion and may be governed by separate terms and privacy policies. You should review and understand the applicable third-party terms before using the tool.

Any new features, tools, or resources added to the Services in the future will also form part of the Services and will be subject to these Terms unless separate terms are provided.

SECTION 8 — THIRD-PARTY LINKS AND SERVICES

The Services may contain links to, embedded content from, or functionality provided by third-party websites or services.

We are not responsible for evaluating or guaranteeing the accuracy, availability, security, content, products, services, or practices of third parties. Accessing a third-party website or service is at your own discretion and may be subject to separate terms and privacy policies.

To the fullest extent permitted by law, we are not liable for loss or damage arising solely from your access to or use of third-party websites, products, services, resources, or content.

Questions, complaints, or claims relating to a third party’s products or services should be directed to that third party, unless applicable law provides otherwise.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

HillstoneMarket is powered by Shopify, which provides the ecommerce platform used to make the Services available.

However, purchases made through our store are transactions directly between you and HillstoneMarket. Shopify is not the seller of the products offered by HillstoneMarket and is not responsible for fulfilling orders, providing customer support for our products, or resolving product-specific claims between you and HillstoneMarket.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from products purchased directly from HillstoneMarket. Nothing in this section limits rights that cannot lawfully be waived.

SECTION 10 — PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information in connection with your access to and use of the Services in order to provide, secure, operate, and improve the platform. Certain information may be transmitted to Shopify and other service providers, including providers located outside your country of residence, as described in our Privacy Policy and Shopify’s applicable privacy notices.

By using the Services, you acknowledge that you have had an opportunity to review our Privacy Policy and any applicable Shopify privacy notice.

SECTION 11 — FEEDBACK, REVIEWS, AND USER CONTENT

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, photographs, videos, proposals, plans, or other content (“Feedback”), you grant HillstoneMarket a non-exclusive, worldwide, perpetual, sublicensable, transferable, royalty-free license to use, reproduce, adapt, modify, publish, translate, distribute, and display that Feedback in any medium for purposes including operating, improving, evaluating, and promoting the Services.

You represent and warrant that:

1. you own the Feedback or have all rights and permissions necessary to provide it;
2. you have disclosed any compensation, discount, free product, or other incentive connected with the Feedback;
3. the Feedback is accurate to the best of your knowledge;
4. the Feedback does not violate applicable law, these Terms, or another person’s rights; and
5. the Feedback does not contain malicious code or misleading identity information.

We are not required to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback unless required by law or separately agreed in writing.

We may monitor, moderate, edit, refuse, or remove Feedback that we reasonably believe is unlawful, misleading, abusive, defamatory, obscene, infringing, fraudulent, or otherwise inconsistent with these Terms.

You remain responsible for the Feedback you provide. We do not endorse or assume responsibility for user-submitted Feedback solely because it appears through the Services.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, availability, shipping charges, or delivery estimates.

We reserve the right to correct errors, update information, or cancel an affected order where permitted by law. If we cancel an order after payment has been collected, we will issue the applicable refund to the original payment method.

Nothing in this section limits any right or remedy available to you under applicable consumer law.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes. You must not use the Services, directly or indirectly:

a. for an unlawful, fraudulent, or malicious purpose;
b. to violate applicable international, federal, state, provincial, or local laws or regulations;
c. to infringe or violate intellectual property, privacy, publicity, contractual, or other rights;
d. to harass, abuse, threaten, defame, discriminate against, intimidate, or harm another person;
e. to transmit false, deceptive, or misleading information;
f. to upload, transmit, download, use, or reuse material that violates these Terms;
g. to send spam, junk mail, chain letters, or unauthorized advertising or promotional material;
h. to impersonate another person or entity or misrepresent your affiliation; or
i. to engage in conduct that restricts another person’s use or enjoyment of the Services or that may expose HillstoneMarket, Shopify, or users to harm or liability.

You also agree not to:

a. upload or transmit viruses, malicious code, or harmful technology;
b. reproduce, duplicate, copy, sell, resell, extract, or exploit any unauthorized portion of the Services;
c. collect, track, or misuse another person’s personal information;
d. spam, phish, pharm, pretext, crawl, or scrape the Services without authorization;
e. use robots, spiders, automated extraction tools, automated agents, or other automated or manual methods to access the Services in a manner that violates these Terms or applicable law;
f. bypass, interfere with, or circumvent security, access controls, rate limits, robot exclusion measures, or authorization features; or
g. use the Services in a way that disrupts their operation or compromises their security.

We may restrict, suspend, or terminate access where we reasonably believe these Terms have been violated, subject to applicable law.

SECTION 14 — AUTOMATED AGENTS

14.1 This section applies if you use, enable, direct, or deploy an automated or semi-automated software agent (“Agent”) to access, use, or interact with the Services.

14.2 An Agent must not access or interact with the Services in violation of applicable law, these Terms, our technical access controls, or a request from us to stop or limit access.

14.3 We may use technical measures to control whether and how Agents access or interact with the Services.

14.4 Where technically applicable and legally required, an Agent must:

a. identify automated requests accurately, including through an appropriate user-agent string;
b. not conceal or misrepresent its automated nature;
c. not circumvent CAPTCHAs or other measures intended to distinguish automated use from human use;
d. respond truthfully to prompts intended to determine whether an interaction is automated; and
e. comply with applicable rate limits, access restrictions, and robot exclusion instructions.

SECTION 15 — TERMINATION

We may terminate or suspend your access to all or part of the Services where permitted by law, including when we reasonably believe you have violated these Terms, engaged in fraudulent or unlawful activity, or created a security risk.

Termination does not affect rights or obligations that arose before termination. You remain responsible for amounts properly due before termination.

Sections that by their nature should survive termination will remain in effect, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy.

SECTION 16 — DISCLAIMER OF WARRANTIES

Information made available through the Services is provided for general informational purposes. Although we make reasonable efforts to keep information accurate and current, we do not guarantee that all information will always be complete, error-free, or suitable for every purpose.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY HILLSTONEMARKET OR REQUIRED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THE ABOVE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS EXCLUDES, RESTRICTS, OR MODIFIES ANY STATUTORY WARRANTY, GUARANTEE, CONDITION, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HILLSTONEMARKET AND ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY ARISING FROM FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE WHERE APPLICABLE, OR VIOLATION OF NON-WAIVABLE CONSUMER RIGHTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless HillstoneMarket, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable legal fees arising from:

1. your material breach of these Terms;
2. your violation of applicable law or another person’s rights; or
3. your unlawful or unauthorized use of the Services.

We will provide reasonable notice of an indemnifiable claim. A delay in notice will not relieve you of your obligations unless the delay materially prejudices your ability to defend the claim.

We may participate in or control the defense and settlement of a claim, but we will not agree to a settlement that imposes a non-monetary obligation on you without your reasonable consent.

SECTION 19 — SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary. The remaining provisions will remain valid and enforceable.

SECTION 20 — WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not waive that right or provision.

These Terms, together with the policies and operating rules incorporated by reference, constitute the entire agreement between you and HillstoneMarket concerning your use of the Services and supersede prior or contemporaneous communications and agreements concerning the same subject matter.

Any ambiguity in these Terms will be interpreted fairly and not automatically against either party solely because that party drafted the provision.

SECTION 21 — ASSIGNMENT

You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent, except where applicable law provides otherwise.

We may transfer or assign these Terms and our rights or obligations in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or transfer of the business, subject to applicable law.

SECTION 22 — GOVERNING LAW AND JURISDICTION

These Terms and any separate agreement through which we provide the Services are governed by the laws of the State of Maine and applicable federal laws of the United States, without regard to conflict-of-law principles.

Subject to any mandatory rights or venue rules available under applicable consumer law, disputes arising from or relating to these Terms or the Services will be subject to the jurisdiction of the state or federal courts located in Maine.

Nothing in this section deprives a consumer of protections that cannot be waived under the laws applicable in the consumer’s place of residence.

SECTION 23 — HEADINGS

Section headings are included for convenience only and do not limit or affect the interpretation of these Terms.

SECTION 24 — CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We may update these Terms by posting a revised version through the Services. Where required by applicable law, we will provide additional notice of material changes.

The revised Terms will take effect on the date stated in the updated version or notice. Continued use of the Services after the effective date constitutes acceptance of the revised Terms to the extent permitted by law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms should be directed to:

HillstoneMarket

Email:
info@hillstonemarket.com

Phone:
+1 (207) 440-3455

Mailing address:
148 Pleasant Street
Brunswick, Maine 04011
United States

Customer support hours:
Monday–Friday, 9:00 AM–6:00 PM Eastern Time