Terms of Use

Welcome to the John Hardy USA Inc. (“John Hardy”) Web site (the “Site”). Please carefully read the following Terms of Use before using the Site. By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. Accordingly, you should check the date of the Terms of Use (which appear at the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms of Use, please do not use this Site.

TRANSACTIONS

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased or that appear to be placed by dealers, resellers or distributors. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price.

COPYRIGHT

All content and materials on the Site, such as text, graphics, logos, button icons, images, audio clips and software, is owned, controlled or licensed by John Hardy and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.

TRADEMARKS

All trademarks, logos, service marks and trade names are proprietary to John Hardy or other respective owners that have granted the Site the right and license to use such intellectual property.

DISCLAIMER

The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "as is" basis without warranties of any kind. To the maximum extent permitted by law, all representations and warranties, express or implied, with respect to such information, services, products and materials, including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance are disclaimed. In addition, the company and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.

LIMITATION ON LIABILITY

In no event shall John Hardy be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if John Hardy has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from the Site. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

APPLICABLE LAW/MISCELLANEOUS

This Agreement shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New York, County of New York and/or the Southern District of New York. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of John Hardy’s right to require strict observance of each of the terms herein. If any provision of this Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Effective Date: 13th October, 2010