Hushpuppied Terms of Use

Welcome to Hushpuppied (www.hushpuppied.com, “the Website”). These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services offered by Hushpuppied (“we,” “us,” or “our”). By accessing or using the Website, you (“you” or “user”) agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, please do not use the Website.

1. Eligibility

To use the Website, you must:

  • Be at least 13 years of age. If you are between 13 and 18 years old, you must have the consent of a parent or legal guardian to use the Website.
  • Have the legal capacity to enter into a binding agreement (or have parental/guardian consent if applicable).
  • Comply with all applicable laws and regulations in your jurisdiction.

We reserve the right to terminate access to anyone who does not meet these eligibility requirements.

2. User Accounts

2.1 Account Creation

You may choose to create a user account to access additional features (e.g., saving shipping addresses, tracking order history, wishlists). When creating an account, you agree to:

  • Provide accurate, current, and complete information (e.g., name, email address).
  • Update your account information promptly if it changes.
  • Maintain the confidentiality of your account password and not share it with third parties.
  • Be solely responsible for all activities conducted under your account.

2.2 Account Termination

We may suspend or terminate your account at any time, without prior notice, if:

  • You violate these Terms or our Privacy Policy.
  • We suspect fraudulent, unauthorized, or abusive use of your account.
  • You request account termination (contact us at [email protected] to request this).

Upon termination, your access to account-specific features will be revoked, but we may retain certain data as required by law (see our Privacy Policy for details).

3. Permitted Use of the Website

You are granted a limited, non-exclusive, non-transferable license to use the Website for personal, non-commercial purposes, including:

  • Browsing and searching for products.
  • Creating a personal account.
  • Placing orders for products (subject to our Terms of Purchase).
  • Using features like wishlists or order tracking.

4. Prohibited Conduct

You agree not to engage in any of the following prohibited activities when using the Website:

  • Illegal or Harmful Acts: Violating any local, state, federal, or international law; transmitting viruses, malware, or other harmful code; or interfering with the Website’s security or functionality.
  • Unauthorized Access: Attempting to access restricted areas of the Website (e.g., admin portals) or modifying the Website’s content or code.
  • Misrepresentation: Impersonating another person, entity, or Hushpuppied employee; or providing false information to create an account or place an order.
  • Infringement: Using the Website’s content (e.g., images, trademarks) without our prior written permission (see Section 5 for intellectual property details).
  • Abusive Behavior: Harassing, threatening, or defaming other users, our employees, or third parties via the Website or customer service channels.
  • Unauthorized Commercial Use: Using the Website for commercial purposes (e.g., scraping product data, reselling products in bulk without permission) or spamming other users.

We may take legal action against anyone who engages in prohibited conduct, including reporting violations to law enforcement.

5. Intellectual Property

All content on the Website—including product images, descriptions, logos, trademarks, text, graphics, and software—is the exclusive intellectual property of Hushpuppied or our licensors. This content is protected by copyright, trademark, and other intellectual property laws worldwide.

You may not:

  • Reproduce, copy, distribute, or display any content for commercial use.
  • Modify, adapt, or create derivative works from the Website’s content.
  • Use our trademarks (e.g., “Hushpuppied”) in any way that implies endorsement or affiliation without our written consent.

Unauthorized use of intellectual property may result in legal liability.

6. Third-Party Links & Content

The Website may contain links to third-party websites (e.g., social media platforms, payment processors) or display third-party content (e.g., ads). We do not control, endorse, or assume responsibility for third-party websites or content. Your use of third-party links is at your own risk, and we recommend reviewing their terms of use and privacy policies.

7. Website Availability & Updates

We strive to keep the Website accessible 24/7, but we do not guarantee uninterrupted or error-free operation. We may temporarily suspend the Website for maintenance, updates, or security reasons without prior notice.

We reserve the right to modify or discontinue any Website features (e.g., wishlists, product categories) at any time, with or without notice.

8. Disclaimer of Warranties

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose (e.g., that products will meet your specific needs).
  • Warranties that the Website will be secure, error-free, or uninterrupted.
  • Warranties regarding the accuracy, completeness, or timeliness of Website content (e.g., product descriptions, pricing).

Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you in full.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUSHPUPIED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO:

  • Loss of data, profits, or access.
  • Inconvenience or frustration from Website downtime.
  • Damages from third-party links or content.
  • Errors in product descriptions or pricing.

Our total liability for any claim related to the Website shall not exceed $100. This limitation applies even if we have been advised of the possibility of such damages.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S.A., regardless of its conflict of law principles.

Any disputes arising from these Terms or your use of the Website shall first be resolved through good-faith negotiation by contacting us at [email protected]. If negotiation fails, disputes shall be resolved through binding arbitration in New York City, U.S.A., administered by the American Arbitration Association (AAA), rather than through litigation.

11. Changes to These Terms

We may update these Terms periodically to reflect changes in our business practices, technology, or legal requirements. When we make material changes:

  • We will post the revised Terms on the Website with a new “Effective Date.”
  • We will notify registered users via email at least 7 days before the changes take effect.

Your continued use of the Website after the effective date constitutes acceptance of the revised Terms.

12. Contact Us

If you have questions, concerns, or reports related to these Terms or the Website, please contact us at: