Harry Miller Boston and Zero Zero Start™

THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.

The following terms ("Terms of Use") constitute an agreement between Harry Miller Co., LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the "Website"), located at http://www.harrymillerboston.com/ and https://zzstart.com. Company, owner and operator of the Website, is a limited liability company formed under the laws of the state of Massachusetts, United States.

Your use of the Website, or purchase/use of any Products (defined below), constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms of Use. You should review the Terms of Use periodically to determine if any changes have been made. 

PURCHASE POLICIES

On the Website, you may purchase products, such as a variety of bags, aprons, and canvas conditioner (the “Products”).   

You represent and warrant that if you are purchasing something from Company, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Domestic Shipping

Company ships its Products with USPS First Class, USPS Priority, UPS or FedEx. Please allow 1-3 business days for processing after placing your order.  The Company ships and receives all items in-house. If you require rush processing please send an email to us after placing your order  to sales@Harrymillerboston.com. Company is not responsible for items that are lost or damaged in transit.  Please note that we cannot guarantee delivery dates. 

International Shipping 

Company ships worldwide with UPS, FedEx, and USPS Priority & First Class International. 

Customs duties and/or taxes are the full responsibility of the buyer. Company strongly suggests you choose to ship via USPS Priority International since it provides detailed tracking information. USPS First Class International is the more affordable option, but Company cannot track your order once it has left the United States. Company is not responsible for packages that are lost or damaged in transit. We do not issue refunds for packages that have been lost or damaged in transit. Please take this into account before placing your order! Company cannot guarantee delivery dates. It normally takes up to 3 weeks for USPS First Class International and 7-10 days for USPS Priority International. All international customs forms are marked at the correct item value and we will not mark any item as a 'gift'.

Refund Policy

You may return un-used Products with all tags and packaging within thirty days of purchase. Monogrammed and custom items are not returnable or refundable. Sale and sample items are not returnable. 

Please send an email to sales@harrymillerboston.com with your order number before sending anything back to Company in the mail. Shipping fees are non-refundable and you are responsible for all return shipping costs. Refunds are issued to the credit card you used for purchase or via PayPal. 

COMPANY INTELLECTUAL PROPERTY

Certain of the names, logos, and other materials displayed on the Products or Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.

Harry Miller Boston is a trademark of Company and is protected by United States trademark law. Company's trademark and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company, Website, the Products, or any experts featured therein. Unless otherwise noted, the design, content and all components of the Website and Products are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

YOUR RESPONSIBILITY

You understand and agree that you are fully responsible for your use of the Website and the Products and any information thereon. Company makes no representations, warranties or guarantees except as expressly set forth herein or as required by law. Company assumes no responsibility for errors or omissions that may appear on the Website or in connection with the Products. 

USE OF THE WEBSITE 

Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website and Products. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

The following uses are not permitted:

Republication of content from the Website, unless content is specifically and expressly made available for republication;Sale, rental or sub-license of any content from the Website;Reproduction or duplication of any content on the Website for commercial purposes;Modification of any content on the Website, unless content is specifically and expressly made available for modification;Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution.Use of the Website content to develop a competing website or product or otherwise create a derivative work as defined under U.S. copyright laws.

You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company's express written permission.  You must not use the Website to transmit or send any unsolicited commercial communications.  You must not use the Website for any third-party marketing without Company's express written permission.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

GRANT OF RIGHTS

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for the use of such content by Website, the Products, Company and Company’s sublicensees.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party. Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website and is not responsible for such content. 

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Products, services, and any software provided therein.

TAKEDOWN REQUESTS

If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement, please send a request to  sales@harrymillerboston.com and we will investigate the claim.

COMMUNICATION

If you send Company an email, purchase Products or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website that relates to your use of the Website or Products. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website. 

CHILDREN'S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 13 in its database, please contact Company immediately at  sales@harrymillerboston.com and we will use our best efforts to promptly remove such information from our records.

NO WARRANTIES 

The Website is provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied except as expressly stated herein. Company makes no representations or warranties in relation to the Website or the information and materials provided therein except as expressly set forth herein. Company makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and Company makes no warranty regarding translation or interpretation of content in any language.  

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, WARRANTY OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the state of Massachusetts without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Website, Products, Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Suffolk County, Massachusetts. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.  This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, Products or Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion. 

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company. 

The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by Website or Company must be in writing and signed by an authorized representative of the Company. 

All notices with respect to the Terms of Use must be in writing and may be via email to 

sales@harrymillerboston.com for Company and to your email address. 

Last updated: August 18, 2022.