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Terms & Conditions | Hal’s Diner | #NotAIOMerch

Terms & Conditions

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: The United States of America
  • Hal’s Diner (referred to as either "Hal’s Diner", "We", "Us" or "Our" in this Agreement) refers to the service and the website, collectively.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Hal’s Diner regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Hal’s Diner, accessible from https://halsdiner.com
  • You refers to the individual accessing or using the Service, or Hal’s Diner, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Orders and Payments

Placing an Order with Hal’s Diner

When placing an Order with Hal’s Diner on Our Website, You agree that You are entering into an Agreement with Us to pay the full amount for the products of your choosing on Our Website, that we will then have made/printed and shipped to the address that You provide. The dollar amount shown to You during the purchase process on the Website is considered a quote for the final price of your Order, including taxes and shipping costs. The final price may change slightly depending on various factors, including the production facility, product stock levels, and what shipping methods are available at the time of your Order being fulfilled.

Changes to your Order after it has been submitted may incur additional charges. Once Your Order has been shipped, further changes to Your Order cannot be made and Your new merchandise is subject to our Returns and Refunds policy ().

Generally, once Your payment method is billed for Your Order, there are no further changes to the price that was quoted during the checkout process. Failure to pay for Your Order in full prior to fulfillment will result in Your Order being cancelled. Hal’s Diner may attempt to communicate with you before cancellation.

Charge-backs

You agree that any charge-back by a credit card company (or similar action by another payment provider) of a charge related to an order You placed with the Service, for whatever reason, is a material breach of this Agreement and is grounds for Your removal from the Website and Service. You further acknowledge and agree that, upon a charge-back by You, Hal’s Diner may suspend Your access to any account You have with us, and Your use of our Website and Services, including cancelling any pending orders You may have. Your suspension from Hal’s Diner may be removed once payment has been made, including a fee to clear the charge-back from your account.

Payment Disputes

You agree to attempt to resolve any disputes, including payment disputes, with Hal’s Diner directly by contacting us via email. This informal process will allow Us to address Your issue directly and avoid any potential additional charges that payment processors may apply by using an automated dispute system provided by Your bank or other financial institution/services.

Communications

You understand and agree that Hal’s Diner will receive all email, postal mail, and telephone communications on Your behalf. Except where specifically indicated otherwise, any communication or material You transmit to Hal’s Diner by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything You transmit may be used by Hal’s Diner and its affiliates or licensees for any purpose as required to fulfill their services.

You agree to provide Hal’s Diner with a valid and current shipping/mailing address, telephone number, and email address in connection with Your merchandise order. You acknowledge that You may not receive orders sent to any shipping/mailing address or messages sent to any email address that is invalid, inactive, expired, or unable to receive mail/messages/etc. for any reason and at any time – and that your failure to receive and appropriately respond to email or physically delivered messages from Hal’s Diner, Odyssey Moments, our service partners, and/or others may result in incomplete or undeliverable orders/messages and/or additional charges to resend your order.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Hal’s Diner. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. Hal’s Diner does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of Hal’s Diner. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Hal’s Diner.

Hal’s Diner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Hal’s Diner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Additional Circumstances for Interruption of Services

You hereby agree that Hal’s Diner has the absolute right and power, in its sole discretion and without notice or liability to You whatsoever, to: (a) reveal to third parties the contact information You provided to Hal’s Diner during the ordering process; and, (b) suspend, terminate, or otherwise interrupt Your service, where Hal’s Diner, in its sole discretion and without liability, discloses Your identity and contact information when in good faith Hal’s Diner believes it is required by law, in compliance with legal process, or to address a potential issue associated with Your conduct and/or use or misuse of Our Website and related Services.

While using the Website and Service, You agree that You will not use the Website and Service for any purpose that is unlawful or prohibited by these Terms of Service. Without limiting the foregoing, You agree that You will not:

  1. Use the Website and Service to send spam, fake orders, or other unsolicited communications of any kind;
  2. Use the Website and Service to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;
  3. Introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Website and Service;
  4. Interfere with or disrupt networks connected to the Website and Service;
  5. Attempt to modify, reverse engineer, or reverse assemble any part of the Website and Service;
  6. Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Website and Service or other users of the Website and Service; or
  7. Violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.

Any unauthorized use of the Website and Service (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Service.

You agree that, at all times and in Our sole discretion, Hal’s Diner retains the right to refuse or deny the Service to You, and thus cancel and/or block Your access to the Website and Service. You further acknowledge and agree that You shall not be entitled to any refund or credit of any fees or funds previously paid to Hal’s Diner, if You’re found to have placed an order erroneously.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Hal’s Diner, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Hal’s Diner provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Hal’s Diner nor any of Hal’s Diner's service provider partners makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Hal’s Diner are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Hal’s Diner.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: