Last updated: December 11, 2024
Please carefully read these Terms and Conditions before using our Service.
Interpretation and Definitions
Interpretation
The words with initial capitalization carry specific meanings under the following conditions. These definitions will apply consistently, whether the terms appear in singular or plural form.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate: An entity that controls, is controlled by, or is under common control with a party, where “control” refers to the ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
- Account: A unique account created for you to access the Service or parts of it.
- Country: Refers to Minnesota, United States.
- Company (also referred to as “We,” “Us,” or “Our”): Hutchinson Area Chamber of Commerce and Tourism, located at 44 Main Street S, Hutchinson, MN 55350.
- Content: Includes any text, images, or other information posted, uploaded, linked, or otherwise made available by you, regardless of form.
- Device: Any device that can access the Service, such as a computer, smartphone, or tablet.
- Feedback: Comments, suggestions, or ideas you submit regarding the Service’s attributes, performance, or features.
- Goods: The items offered for sale through the Service.
- Orders: A request by you to purchase Goods from Us.
- Promotions: Contests, sweepstakes, or other promotional offers available through the Service.
- Service: The website and services provided by the Company.
- Subscriptions: Services or access to the Service provided on a subscription basis.
- Terms and Conditions or Terms: These terms and conditions governing the use of the Service and forming the agreement between you and the Company.
- Third-party Social Media Service: Any service or content provided by a third-party that may be included or made available through the Service.
- Website: The website operated by the Company, accessible from [https://explorehutchinson.com/ & https://business.explorehutchinson.com/](https://explorehutchinson.com/ & https://business.explorehutchinson.com/).
- You: The individual accessing or using the Service, or the company or legal entity on whose behalf the individual is accessing or using the Service.
Acknowledgment
These Terms and Conditions govern your use of the Service and form the agreement between you and the Company. By accessing or using the Service, you agree to abide by these Terms and Conditions. If you disagree with any part of these Terms, you may not use the Service.
You confirm that you are at least 18 years old. The Company does not permit anyone under 18 to use the Service.
Your access to and use of the Service is also subject to the acceptance and compliance with our Privacy Policy. The Privacy Policy outlines the collection, use, and disclosure of your personal information when you use the Service, along with your privacy rights and legal protections. Please review the Privacy Policy before using the Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, you confirm that you are legally capable of entering into binding contracts.
Your Information
To place an Order for Goods, you may be required to provide certain information, such as your name, email address, phone number, credit card details, billing address, and shipping information. You represent and warrant that:
- You have the legal right to use any credit or debit card(s) or other payment methods for any Order.
- The information you provide is accurate, correct, and complete.
By submitting this information, you authorize us to share it with payment processing third parties to complete your Order.
Order Cancellation
We reserve the right to refuse or cancel your Order for various reasons, including but not limited to:
- Unavailability of Goods
- Errors in the Goods description or pricing
- Errors in your Order
We may also refuse or cancel your Order if we suspect fraud, or if an unauthorized or illegal transaction is detected.
Your Order Cancellation Rights
You can return Goods purchased in accordance with our Terms and Conditions and Return Policy. Please review the Return Policy for details on your right to cancel your Order.
You have the right to cancel an Order, provided the Goods are returned in the same condition in which you received them. This includes returning the products with all instructions, documentation, and packaging. Goods that are damaged, opened, or used beyond reasonable inspection may not be refunded. You are expected to take reasonable care of the Goods while they are in your possession.
We will process your refund no later than 14 days from receiving the returned Goods, using the same payment method you used for the Order. You will not incur any fees for this reimbursement.
You will not have the right to cancel an Order for the following Goods:
- Goods that are made to your specifications or clearly personalized
- Goods that, by their nature, cannot be returned or deteriorate rapidly
- Goods that are unsealed after delivery and are unsuitable for return due to health or hygiene reasons
- Goods that, after delivery, are inseparably mixed with other items
- Digital content that is not provided on a tangible medium, if the performance began with your prior consent and acknowledgment that you lose the right to cancel
Availability, Errors, and Inaccuracies
We are continuously updating and improving the Goods offered through our Service. However, the Goods available may sometimes be mispriced, inaccurately described, or out of stock. Additionally, delays may occur in updating product information on our Service or in our advertisements on other websites.
We do not guarantee the accuracy, completeness, or reliability of any information on the Service, including but not limited to prices, product images, specifications, availability, or services. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, at any time without prior notice.
Prices Policy
The Company reserves the right to change the prices of Goods at any time before accepting an Order.
If there is any change in the prices after we have accepted your Order, due to factors beyond our control (such as government action, changes in customs duties, increased shipping costs, or fluctuations in exchange rates), you will be notified. In such cases, you have the right to cancel your Order.
Payments
All Goods purchased through the Service are subject to a one-time payment. We offer various payment methods, including Visa, MasterCard, Affinity Card, American Express, and online payment methods (e.g., PayPal).
Payment cards (credit or debit) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we are not liable for any delays or failure to deliver your Order.
Subscriptions
Subscription Period:
Certain parts of the Service require a paid Subscription. Subscriptions are billed in advance on a recurring basis (daily, weekly, monthly, or annually), depending on the plan you select.
Your Subscription will automatically renew at the end of each period unless you cancel it or the Company terminates it.
Subscription Cancellations:
You may cancel your Subscription renewal by visiting your Account settings or contacting the Company directly. No refunds will be provided for the current Subscription period, but you will still have access to the Service until the end of that period.
Billing
You must provide accurate and complete billing information, including your full name, address, state, zip code, phone number, and valid payment method.
If automatic billing fails for any reason, the Company will issue an electronic invoice. You will be required to make manual payment by the specified due date.
Fee Changes
The Company reserves the right to change Subscription fees at any time, effective at the end of the current Subscription period. We will provide you with reasonable notice of any fee changes, allowing you the option to cancel before the new fee takes effect.
By continuing to use the Service after a fee change, you agree to the updated Subscription fee.
Refunds
Paid Subscription fees are generally non-refundable, except when required by law. Refunds may be considered on a case-by-case basis, at the Company’s sole discretion.
Promotions
Promotions available through the Service may have separate rules from these Terms. If you participate in any Promotion, please review the applicable rules and our Privacy Policy. In case of a conflict between these Terms and Promotion rules, the Promotion rules will govern.
User Accounts
When creating an account, you must provide accurate, complete, and current information. Failure to do so constitutes a breach of these Terms, which may result in the termination of your account.
You are responsible for safeguarding your password and any activities under your account, whether done by you or others. Notify the Company immediately if you suspect any unauthorized use of your account.
You must not use a username that infringes on the rights of others or is offensive, vulgar, or obscene.
Content
Your Right to Post Content:
You may post Content on our Service, but you are solely responsible for its legality, accuracy, and appropriateness. By posting Content, you grant us the right to use, modify, display, reproduce, and distribute it on the Service. You retain ownership of your Content, but we may share it with other users under these Terms.
You confirm that you either own the Content or have the rights to grant us the necessary license to use it, and that your Content does not infringe on the rights of others.
Content Restrictions:
You may not post Content that is unlawful, offensive, defamatory, obscene, or violates the rights of others. This includes, but is not limited to:
- Content promoting illegal activities or discrimination.
- Offensive material based on race, religion, gender, or other personal characteristics.
- Spam or unsolicited advertisements.
- Content containing harmful software like viruses or malware.
- Content that infringes on intellectual property rights or violates privacy.
The Company reserves the right, at its discretion, to remove any Content that violates these Terms, and may suspend or terminate your access to the Service for posting objectionable Content.
Content Backups
Although we perform regular backups of Content, we cannot guarantee the preservation or integrity of your data. You acknowledge that we are not liable for any loss or corruption of Content, and you agree to keep an independent backup of your data.
Copyright Policy
Intellectual Property Infringement:
We respect intellectual property rights and will respond to claims of infringement. If you believe that your copyrighted work has been infringed on the Service, please contact us at [email protected], providing a detailed description of the alleged infringement.
DMCA Notice and Procedure:
To file a Digital Millennium Copyright Act (DMCA) notice, include the following information:
- Your electronic or physical signature.
- A description of the copyrighted work.
- The URL of the alleged infringing content.
- Your contact information.
- A statement of good faith belief that the use is unauthorized.
Upon receiving a valid DMCA notice, we will take appropriate action, including removing the content from the Service.
Intellectual Property
The Service, its original content, features, and functionality are the exclusive property of the Company and its licensors. It is protected by copyright, trademark, and other applicable laws. You may not use the Company’s trademarks without written consent.
Your Feedback to Us
Any feedback you provide to the Company is considered the Company’s property. If, for any reason, this assignment is ineffective, you grant the Company a perpetual, irrevocable license to use your feedback as it deems fit.
Links to Other Websites
Our Service may contain links to third-party websites. We are not responsible for the content, privacy policies, or practices of those websites. We recommend that you review the terms and privacy policies of any third-party sites you visit.
Termination
We may suspend or terminate your account at any time if you breach these Terms. Upon termination, you lose the right to use the Service. If you wish to terminate your account, you may stop using the Service.
Limitation of Liability
To the maximum extent permitted by law, the Company’s liability for any damages is limited to the amount you paid for the Service or $100, whichever is less. The Company is not liable for any incidental, indirect, or consequential damages, including but not limited to lost profits, data loss, or business interruption, even if it was advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply.
AS IS and AS AVAILABLE DISCLAIMER
The Service is provided to you “AS IS” and “AS AVAILABLE,” with all faults and defects, and without any warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, regarding the Service. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise from course of dealing, course of performance, usage, or trade practices.
Specifically, the Company makes no warranty or representation that the Service will meet your requirements, achieve any specific results, be compatible with any other software, applications, systems, or services, operate uninterrupted or error-free, or meet any performance or reliability standards. The Company does not guarantee that any errors or defects in the Service will be corrected.
Additionally, neither the Company nor any of its providers make any representations or warranties regarding: (i) the operation or availability of the Service, or the accuracy or completeness of any information, content, or materials included within the Service; (ii) that the Service will be uninterrupted or error-free; (iii) the reliability, accuracy, or timeliness of the content provided through the Service; or (iv) that the Service, its servers, or emails from the Company are free of viruses, malware, trojans, worms, or other harmful components.
Some jurisdictions may not permit the exclusion of certain warranties or limitations on statutory consumer rights. In such cases, the exclusions and limitations in this section will apply to the maximum extent allowed by applicable law.
GOVERNING LAW
These Terms, and your use of the Service, will be governed by the laws of the country where the Company is located, excluding its conflict of law principles. Your use of the Service may also be subject to local, state, national, or international laws.
DISPUTE RESOLUTION
If you have any concerns or disputes regarding the Service, you agree to attempt to resolve the issue informally by contacting the Company.
FOR EU USERS
If you are a consumer in the European Union, you may benefit from the mandatory provisions of the law in your country of residence.
UNITED STATES FEDERAL GOVERNMENT END USE PROVISIONS
If you are a U.S. federal government end user, the Service is considered a “Commercial Item” as defined under 48 C.F.R. §2.101.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that: (i) you are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
If any provision of these Terms is found to be unenforceable or invalid, it will be modified to achieve its intended purpose to the greatest extent possible, while the remaining provisions will remain in full force and effect.
The failure of a party to exercise any right or require performance under these Terms does not waive that right or obligation, nor does a waiver of a breach waive any subsequent breaches.
TRANSLATION AND INTERPRETATION
These Terms and Conditions may have been translated. In case of a dispute, the original English text will prevail.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to modify or replace these Terms at our sole discretion. If a revision is significant, we will make reasonable efforts to notify you at least 30 days before the new terms take effect. What constitutes a “material change” is determined at our sole discretion.
By continuing to use the Service after any revisions become effective, you agree to be bound by the updated terms. If you do not agree with the changes, you should discontinue using the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]
- By phone number: 320-587-5252
