HourGrabBag.com | Terms & Conditions

Acceptable Use Policy

IMPORTANT - Read this User Agreement carefully before clicking on the "I Agree". By clicking on the "I Agree" button, you agree to be bound by the terms of the User Agreement.

User Agreement

This User Agreement (the "Agreement") is a legal agreement between you and HourGrabBag.com . ( "HourGrabBag.com" ) ( "we" and "us" ) regarding the HourGrabBag.com software application or the HourGrabBag.com website located at http://HourGrabBag.com made available to you by HourGrabBag.com (the "Application"). By clicking the "I Agree", or by downloading, accessing or using the Application, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to the terms and conditions of this Agreement, do not download or use the Application. HourGrabBag.com will not and does not license the Application to you unless you agree to the terms of this Agreement.

1. Scope

This Agreement governs the Application and its use.

2. Authorized Users

The Software and Services are only available to individuals who lawfully can enter into and form contracts under applicable law. You affirm, represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You agree to provide complete and accurate information as requested by HourGrabBag.com, such as for registering an account with HourGrabBag.com and/or using the Services, including your real name, email address, and physical address. If you have a HourGrabBag.com account, you agree to maintain and promptly update your account information to keep it accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

3. License Grant

HourGrabBag.com grants to you the non-exclusive, nontransferable, limited right to download and use on a mobile device one copy of the Application for your personal use, provided that:
You will not copy or distribute in any medium any part of the Application or Services without HourGrabBag.com's prior written authorization. You agree not to alter or modify any part of the Application or create derivative works or other products or services based upon the Application or Services;
You will not:
i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Application or Services or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Application; or
(iii) bypass any measures we may use to prevent or restrict access to the Application;
You will not circumvent, disable or otherwise interfere with security-related features of the Application or Service or enforce limitations on use of the Application or Services;
You will not use or launch any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Application; and
You will not violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Application or Services in a way for unlawful purposes or that constitutes or encourages any unlawful activities.

4. Ordering through HourGrabBag.com

You hereby release HourGrabBag.com and its officers, directors, employees, agents and contractors, from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the Application and/or Services.

5. Your Information; HourGrabBag.com Privacy Policy

This Privacy Policy ("Policy") describes the kinds of information that HourGrabBag.com may gather during your use of the Application and Services, why such information is gathered, how it is used, when it might be disclosed, and what you can do if you disagree with the practices described in the Policy. Please be advised that the practices described in this Policy apply only to information gathered online at our website. It does not apply to information that you may submit to websites maintained by other companies or organizations to which the Application or Service may link.

Except as otherwise disclosed to you in this Policy, HourGrabBag.com will not sell, barter, give away, or rent information that identifies you individually ("Personally Identifiable Information") to another entity. When you register with HourGrabBag.com or use the Service, HourGrabBag.com collects the Personally Identifiable Information you submit in connection with the registration process and use of the Services. HourGrabBag.com uses this Personally Identifiable Information to provide the Services. Personally Identifiable Information is also shared with HourGrabBag.com's business partners involved in providing the Service, including the payment system service and the Merchant selling and delivering Items to you. If there is a problem processing a payment or your order, HourGrabBag.com or one of its business partners may use your Personally Identifiable Information to get in touch with you.

HourGrabBag.com may send you service announcement updates that contain important information about the Application and/or Services. HourGrabBag.com may send email or other communications to you informing you of new HourGrabBag.com products, services, or special offers. Occasionally, you may also receive email or other communications regarding products, services, promotions or other offerings from our business partners and advertisers that may be of interest.

HourGrabBag.com may also gather certain information that does not identify you personally ("Anonymous Information"). HourGrabBag.com may, for example, automatically collect your IP address, mobile device's identification number and location every time you use the Service. HourGrabBag.com may also collect data regarding customer-traffic patterns and Service usage. HourGrabBag.com uses Anonymous Information primarily to manage and improve the Service. Additionally, HourGrabBag.com may use or share Anonymous Information in ways that it deems appropriate such as sharing demographic information with business partners and others.

HourGrabBag.com may employ third-party agents, affiliates, and partners who perform on its behalf functions such as marketing, analytics, providing customer service, and programming the Application. These people or entities may have access to your Personally Identifiable Information as needed to perform their functions.

HourGrabBag.com may disclose Personally Identifiable Information if required to do so by law or in the good-faith belief that such action is necessary:
(a) to conform to applicable law or comply with legal process served on HourGrabBag.com;
(b) to protect and defend HourGrabBag.com's rights or property; or
(c) to act under emergency circumstances to protect the personal safety of HourGrabBag.com's employees, directors, affiliates, agents, business partners or users of this Service.

HourGrabBag.com strives to ensure that the Personally Identifiable Information you share with it is handled in a safe, secure, and responsible manner. Nevertheless, you understand and agree that no security measures are absolute.

HourGrabBag.com may change ownership or corporate organization while providing the Service through the Application. As a result, HourGrabBag.com may sell, transfer, assign, or otherwise share Personally Identifiable Information to another entity that is affiliated with HourGrabBag.com, with which it has merged, or to which HourGrabBag.com, or the portion of HourGrabBag.com's assets related to this Policy, are sold.

HourGrabBag.com MAY MODIFY, ADD, OR DELETE PORTIONS OF THIS POLICY AT ANY TIME. NOTICE OF SUCH CHANGES WILL BE PROVIDED AS DESCRIBED IN SECTION 11.F BELOW. YOUR CONTINUED USE OF THE APPLICATION AND/OR SERVICES AFTER ANY SUCH CHANGES HAVE BEEN MADE MEANS YOU AGREE TO SUCH CHANGES.

If you have questions regarding this Policy or do not see your concerns addressed here, please contact us at: tncs@HourGrabBag.com.

6. Limitations

HourGrabBag.com reserves the right to change, suspend or discontinue any aspect of the Application or Services at any time, without notice and at its sole discretion. HourGrabBag.com will not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or Services or any portion thereof.

HourGrabBag.com also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect HourGrabBag.com's Application, Services and customers, or to ensure the integrity and operation of HourGrabBag.com's business and systems, HourGrabBag.com may access and disclose any information it considers necessary or appropriate, including user contact details, IP addressing and traffic information, usage history, and content or information that you submit.

7. Termination

HourGrabBag.com may suspend or terminate your account or your use of this Application at any time, without notice, for any reason or for no reason. We may also block your access to our Application in the event that (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our Merchants or us. HourGrabBag.com also reserves the right to terminate or deactivate user accounts that are inactive for an extended period of time. Upon any such termination, your rights to access and use the Application and Services shall automatically terminate.

8. Disclaimers

YOU AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE APPLICATION AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, AND HOURGRABBAG.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE APPLICATION AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. HOURGRABBAG.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY ITEMS LISTED OR PURCHASED ON OR THROUGH THE APPLICATION OR SERVICES; (III) ANY ACTS, OMISSIONS AND CONDUCT OF ANY MERCHANTS, ADVERTISERS AND/OR OTHER PARTIES REFERENCED ON OR THROUGH THE APPLICATION OR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF HOURGRABBAG.COM SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION OR SERVICES.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL HOURGRABBAG.COM BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OR INABILITY TO USE THE APPLICATION, SERVICES, CONTENT AND/OR ITEMS, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF HOURGRABBAG.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL HOURGRABBAG.COM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE APPLICATION, SERVICES, CONTENT AND/OR ANY ITEMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100. YOU AND HOURGRABBAG.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APPLICATION OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE APPLICATION, SERVICES, CONTENT OR PRODUCTS, SHALL BE FOR YOU TO DISCONTINUE USE OF THE APPLICATION AND SERVICES.

10. Ownership

The Application, Services and any content appearing on Application are proprietary to HourGrabBag.com and its suppliers. HourGrabBag.com and other HourGrabBag.com logos, graphic and service names are trademarks or trade dress of HourGrabBag.com. HourGrabBag.com's trademarks and trade dress may not be used in connection with any product or service that is not HourGrabBag.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HourGrabBag.com. All other trademarks not owned by HourGrabBag.com that appear in on this site this application, or on our site, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HourGrabBag.com.

11. General

This Agreement, including the Privacy Policy, are the complete and exclusive statement of the agreement between you and HourGrabBag.com and supersede all proposals, representations or prior agreements, oral or written, and any other communications between you and HourGrabBag.com relating to the subject matter of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You may not assign or delegate any of its rights or obligations hereunder without HourGrabBag.com's prior written consent. This Agreement, and HourGrabBag.com rights or obligations hereunder are freely assignable by HourGrabBag.com without necessity of obtaining your consent. Subject to the foregoing restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

This Agreement will be governed by the laws of the United Kingdom, without reference to its choice of laws rules. You hereby accept the personal jurisdiction of United Kingdom courts.

HourGrabBag.com will not be liable for any delay or failure to perform any of its obligations hereunder by reason of fire, explosions, earthquakes, storms, flood, wind, drought and acts of God or the elements; court orders; acts, delays and failures to act by civil, military or other governmental authority; failures of suppliers, service providers or other third parties; strikes, lockouts, labor disputes, riots, insurrections, terrorism, sabotage and war; breakdown or destruction of, or damage or casualty to, any equipment, facilities or other property not caused by HourGrabBag.com, unavailability of materials, supplies, parts, equipment, personnel or other necessary items on commercially reasonable terms; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond HourGrabBag.com's reasonable control, whether or not similar to the foregoing.

Whenever used in this Agreement, unless otherwise specified the terms "includes", "including", "e.g.", "for example", "such as", "for instance" and other similar terms are deemed to include the term "without limitation" immediately thereafter. The headings of sections and subsections of this Agreement are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of this Agreement. In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted this Agreement; and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in this Agreement against the party that drafted it.

Any notice or other communication under this Agreement given by HourGrabBag.com to you will be effective if: (a) sent via email to your email address specified in your HourGrabBag.com account; or (b) posted on the Application (and you are responsible for reviewing the Application for any such notices and communications). To be effective, any notice or other communication under this Agreement given by you to HourGrabBag.com must be: (y) delivered to the intended recipient;

HourGrabBag.com may from time to time change such address by giving Seller notice thereof in accordance herewith.

If any provision of this Agreement is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

Sections 1, 2, 4.b, 4.c, 5, 6, 7, 8, 9, 10 and 11 of this Agreement shall survive termination of this Agreement and your use of the Application and Services for any reason.

Any failure or delay by either party to exercise or partially exercise any right, power or privilege hereunder will not be deemed a waiver of any of the rights, powers or privileges under this Agreement. No term or condition of this Agreement will be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach.

HourGrabBag.com reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Application or Services following any amendment of this Agreement will signify your assent to and acceptance of its revised terms