TERMS OF SERVICE
Last Updated: August 20,, 2026
1. Overview
Hansen Design, LLC (“Company,” “us,” “we,” or “our,” as the context may require) operates and provides hexforx.com and other affiliated websites that link to these Terms of Service (collectively, the “Site”), along with all products and services provided through the Site or otherwise provided by the Company (with the Site, referred to collectively as the “Services”).
THESE TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. Acceptance of Terms of Service
The following terms and conditions (these “Terms”), together with any documents they expressly incorporate by reference, including our Privacy Policy, Return Policy, and Shipping Policy, apply to your use of the Services, including your purchases. They constitute a binding agreement between you and the Company and govern your access to and use of the Services, including access and use through any other website, platforms, or applications and any content, features, functionality, materials, information, and services offered on or through the Services.
The Services are offered and available to individuals who are eighteen (18) years of age or older. If you are not at least eighteen (18) years of age, you may not use or access the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the right, power, and authority to enter into these Terms on its behalf. In that case, the terms “you” or “your” shall also refer to such entity, and its affiliates, as applicable. If you do not have such authority, or you do not accept all of these Terms, do not use the Services or provide information to the Company.
Please read these Terms carefully before you use the Services. By accessing or using the Services, by placing an order, or by clicking “I accept” or “I agree” to the Terms when this option is made available to you, or executing an order that incorporates these Terms, you (i) acknowledge that you have read and understand these Terms; (ii) affirm that you are of legal age to enter into these Terms; (iii) represent and warrant that you have the right, power, and authority to enter into these Terms, and, if entering on behalf of an entity, that you have legal authority to bind that entity; and (iv) accept these Terms on your behalf or on behalf of the entity you represent if you are entering into these Terms for an entity and agree that you, or such entity, as applicable, are legally bound by these Terms. If you do not agree to these Terms, please do not visit, access, use, or otherwise interact with the Services.
3. Online Purchases
All purchases through the Services or other transactions for the sale of goods or services carried out through the Services, or resulting from visits made by you, are governed by these Terms.
You agree that your order is an offer to buy all products and services listed in your order. We reserve the right to refuse any order you place with us. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. After receiving your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we send your order confirmation email by contacting us as provided in Section 21 (Contact Information). If we change or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided when the order was made.
All prices posted on the Services are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
We reserve the right but are not obligated to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and to discontinue the Services at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any product or the Services. Any offer for any product or service made is void where prohibited. In our sole judgment, we reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.
We may offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the payment information and any other information you supply to us when you place an order is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your bank or credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
We will arrange for shipment of the products to you. Terms governing our shipping and return policies and procedures are located in our Return Policy and Shipping Policy.
We provide a limited warranty on products, set forth in our Limited Warranty, which is incorporated into these Terms by reference.
By making a purchase through the Services, you represent and warrant that you are buying products or services from the Services for your own personal or internal business use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
4. Consent to Electronic Communications
By providing your contact information, you agree that the Company may contact you by email, direct mail, telephone, or text message at any of the addresses or phone numbers, as applicable, provided by you or on your behalf, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchase. You may opt out of receiving emails, telephone calls, or text messages by contacting us at any time.
If you use a mobile device, please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. In the event you change or deactivate your mobile telephone number, you agree that you will notify us within forty-eight (48) hours to ensure that your messages are not sent to the person who acquires your old number.
5. Third-Party Links and Social Media Features
You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Services;
Send emails or other communications with certain content, or links to certain content, on the Services.
Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
6. Third-Party Apps or Websites
While using the Services, you may access the Services through a third-party app or access third-party apps or websites through search results displayed on or through the Services and links contained on the Services, including links to make payments. Such third-party apps or websites are not under our control, and we are not responsible for the availability of such apps or websites or their contents. Any links provided on the Services are provided for your interest or convenience only and do not represent or imply any endorsement by the Company of any such linked app or website. You acknowledge that the use of such third-party app or website is governed by the terms and conditions applicable to any such app or website, and if you decide to access any such third-party app or website, you do so entirely at your own risk and subject to the terms and conditions of use for each such app or website.
7. Feedback
The Company may provide an area for you to submit feedback on the Services. When you submit ideas, documents, suggestions, and/or proposals (“Feedback”), you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information. The Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback. The Company shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit. The Feedback shall automatically become the sole property of the Company and the Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
8. Privacy Policy
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
9. Errors
We attempt to provide the most recent, accurate, and reliable information on our Services. However, there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order), but we are under no obligation to update the Services or any related content.
10. Availability
We may periodically schedule system downtime for maintenance and other purposes, and the Services may be unavailable due to unplanned system outages or circumstances outside of our control. We shall have no liability to any user or third party whatsoever for the resulting unavailability of the Services, or for any loss of data or transactions caused by planned or unplanned system outages, or for the resultant delay, mis-delivery, or non-delivery of information caused by such system outages.
We reserve the right to terminate, withdraw or amend the Services or any portion thereof, including any product, service, or material we provide on or through the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or to the Services altogether.
11. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services to:
Access or attempt to access data not meant for you, or intercept or attempt to intercept electronic mail or other forms of electronic communication not intended for you.
Invade the privacy of, obtain the identity of, or obtain any personal information about any other user of our Services.
Communicate with us or upload to the Services any deceptive, fraudulent, defamatory, indecent, obscene, harassing, violent, or otherwise harmful or objectionable material, or any material that contains nudity, sexually explicit or pornographic material, violence, or is discriminatory, whether based on race, gender, sex, sexual orientation, religion, nationality, disability, age, or otherwise.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Violate any applicable federal, state, local or international law or regulation, or violate the legal rights (including intellectual property rights or the rights of publicity and privacy) of others.
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise.
Promote any illegal activity or advocate, promote, or assist any unlawful act.
Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any similar solicitation, or other commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing), or to misrepresent an affiliation with any person or organization.
Collect information about others (including email addresses) without their consent.
Violate these Terms or any other policies or agreements that you enter into with us.
Engage in any other conduct that restricts or inhibits use of the Services, or which, as determined by us in our sole discretion, may harm the Company or users of the Services.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
Probe, scan, or test the vulnerability of our Services, our network, our security, or authentication measures without proper authorization.
Use any device, software, or routine that interferes with the proper working of the Services.
Introduce any viruses, Trojan horses, worms, logic bombs, corrupted data or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services
Your failure to comply with the above provisions may result in the termination of your access to the Services and may expose you to civil and/or criminal liability. We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services, and to terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, PARENT COMPANY, SUBSIDIARIES, AND THEIR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12. Intellectual Property Rights
The Services and all related content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its affiliates, subsidiaries, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal or internal business use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on or through the Services, except as follows:
Your computer or other electronic device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Services for your own personal or internal business use and not for further reproduction, publication, or distribution.
If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
Modify copies of any materials from the Services.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content therein is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates, subsidiaries, or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Services are the trademarks of their respective owners.
Except as expressly provided, nothing contained in these Terms or anywhere on the Services shall be construed as conferring any license under any intellectual property rights of the Company, its licensors, or any third party.
Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
13. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY APP OR WEBSITE LINKED TO IT.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, YOUR USE OF THE SERVICES, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ANY RELATED CONTENT, AND ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ANY RELATED CONTENT, OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY PRODUCTS, SERVICES, OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST 12 MONTHS FOR THE APPLICABLE PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES OR ANY RELATED CONTENT, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES AND ANY RELATED CONTENT, PRODUCTS, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SERVICES OR ANY LINKED APP OR WEBSITE, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, therefore, some of the limitations above may not apply to you. The limitation of liability set forth in this Section 14 (Limitation of Liability) shall only apply to the extent permitted by law.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, parent company, subsidiaries, licensors, service providers, and their respective officers, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (i) your access, use, or misuse of the Services; (ii) your violation of these Terms; (iii) the actual or alleged infringement of any of our or any third-party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Services in any manner not authorized by us; or (iv) your negligent conduct. This includes, but is not limited to, any use of the content, products, and services on the Services other than as expressly authorized in these Terms.
16. Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
17. Dispute Resolution and Binding Arbitration
YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY DISPUTE, CONTROVERSY, OR CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Notwithstanding the foregoing, either party may elect to pursue in small claims court only those claims are at or below the threshold amount allowed by the small claims court of competent venue and jurisdiction.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 17 (Dispute Resolution and Binding Arbitration). The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The place of the arbitration shall be Mankato, Minnesota.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration agreement terms will be enforced.
18. Termination
We reserve the right to restrict or terminate your access to all or part of the Services at any time in our sole discretion for any or no reason.
Your failure to comply with these Terms automatically revokes your authorization to use the Services and terminates all rights granted to you under these Terms. Your obligations to the Company and its affiliates and third-party service providers relating to your use of the Services prior to termination shall continue after termination. Provisions of these Terms regarding the content restrictions and limitations, disclaimers, indemnification, and liability limitations shall survive termination of these Terms for any reason.
19. Miscellaneous
When you visit or use the Services, submit a contact request, request maintenance or other services, send an email to us, or otherwise communicate with us through the Services or electronically, you expressly grant the Company, its affiliates, or its third-party service providers the right to communicate with you electronically and consent to the use of electronic signatures, electronic receipt of records and notices, and electronic communication. This includes, but is not limited to, posting notices on the Services or responding to your email. It is your responsibility to keep your email address current. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The Company reserves the right, in its sole discretion, to communicate with you in paper form. You may withdraw your consent to electronic communications by contacting us as provided in Section 21 (Contact Information).
To give us notice under these Terms, you must contact us as follows: (i) by email to support@hexforx.com or (ii) by personal delivery, overnight courier, or registered or certified mail to 15454 622nd Ave, Mapleton, MN 56065. We may update the addresses for notice to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
All matters relating to the Services or these Terms, and any dispute, controversy, or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Any dispute, controversy, or claim arising out of, or related to, the Services or these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) that is not subject to mandatory arbitration under Section 17 (Dispute Resolution and Binding Arbitration) shall be instituted exclusively in the federal courts of the United States, in each case located in the City of Minneapolis, or the courts of the State of Minnesota, in each case located in the City of Minneapolis, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of these Terms is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
These Terms constitute the entire agreement between you and the Company with respect to our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Services. No failure on the part of the Company to exercise and no delay in exercising any right under these Terms shall operate as a waiver of such right. If any provision contained in these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
20. Changes to these Terms
You can review the most current version of these Terms at any time on this page.
At our sole discretion, we reserve the right to update, change, or replace any part of these Terms without advance notice. Changes to these Terms become effective on the date they are published on the Services. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes, so please check this page periodically for updates.
21. Contact Information
If you have any feedback, comments, questions, or requests for technical support relating to the Services, you may contact us:
Via email at: support@hexforx.com;
Via phone at: (507) 525-6090
Via mail at: 15454 622nd Ave, Mapleton, MN 56065
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