Terms Of Service

Last updated: 9/20/2019

This Terms of Service Agreement (“Terms”) governs your use of the Niles Industries, Inc. (“HANKIES,” “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “HANKIES Services”), and your purchase of the Memberships and Products sold through the HANKIES Services. By using the HANKIES Services, you agree, without limitation or qualification, to be bound by these Terms and the HANKIES Privacy Policy: If you do not agree, please do not use the HANKIES Services. 

HANKIES may revise these Terms at any time. Your continued usage of the HANKIES Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the HANKIES Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the HANKIES Services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH HANKIES ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 12). PLEASE READ IT CAREFULLY.

 

1. ELIGIBILITY

You must be 18 years of age or older to visit or use the HANKIES Services in any manner. By visiting the HANKIES Services or accepting the Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to the Company that you will use the HANKIES Services in a manner consistent with any and all applicable laws and regulations.

 

2. USE OF THE HANKIES SERVICES

2.1 Use Restrictions

The content on the HANKIES Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from HANKIES’s licensors, and any other materials displayed through the HANKIES Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with HANKIES. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of HANKIES or its licensors. 

HANKIES authorizes you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2018, Niles Industries, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the HANKIES Services may be included elsewhere within the HANKIES Services and are incorporated into these Terms by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to HANKIES and its licensors. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

So long as you are in compliance with these Terms, the Company grants a non-exclusive limited, non-transferable license to use the HANKIES Services. You may not distribute or make the HANKIES Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the original HANKIES Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without HANKIES’s written permission, “mirror” any Contents contained in the HANKIES Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to use the HANKIES Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Niles Industries or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to HANKIES’ user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulation; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies. 

HANKIES reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the HANKIES Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

2.2 User Submissions

The personal information you submit to HANKIES is governed by the HANKIES Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (Section 2.3 below), HANKIES does not claim ownership of any information or material a user provides to HANKIES or posts, uploads, input, submits, or transmits to the HANKIES Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the HANKIES Services, or which, in the judgment of HANKIES, exposes HANKIES or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by HANKIES. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—HANKIES a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, HANKIES is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. HANKIES is not responsible for the consequences of any Submission. HANKIES is not responsible for screening or monitoring Submissions made to this HANKIES Services by users. If notified by a user of a Submission allegedly in violation of these Terms, HANKIES may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. HANKIES will have no liability or responsibility to users for performance or nonperformance of such activities.

HANKIES reserves the right (but is not obligated) to: (a) record the dialogue on the HANKIES Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user’s access to any or all parts of the HANKIES Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the HANKIES Services, regardless of whether such Submission violates these Terms.

2.3 Submission of Ideas

Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Ideas”) in any form to HANKIES. HANKIES policy is to not accept, review, or consider unsolicited Ideas or suggestions (including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans, new artwork or other works, or new product names). The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of HANKIES’s products, services or marketing strategies might seem similar to ideas submitted to HANKIES.

Notwithstanding such policy, any Ideas that are offered or communicated to us through the HANKIES Services or otherwise shall be the property of HANKIES, and may be treated by HANKIES as non-confidential information. In such case, you agree that: (a) any Idea (including its complete contents) by you to HANKIES will automatically become the property of Niles Industries, without any compensation to you; (b) HANKIES may use or redistribute any Ideas and its contents for any purpose and in any way, without any compensation to you; (c) HANKIES has no obligation to review any Idea; and (d) HANKIES has no obligation to keep any Idea confidential, and no confidential relationship may be established by or inferred from any such Idea to, or the consideration of your Ideas by, HANKIES.

2.4 Your Account

If you use the HANKIES Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. HANKIES reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders or shipments in its sole discretion.

 

3. TERMS OF SALE

3.1 Introduction

HANKIES sells UNDERWEAR (the “Products”) to end-user customers who purchase a recurring membership plan (“Members”) to have the Products shipped regularly on a schedule of the Member’s choosing only for their own personal, non-commercial use (the “Membership”). You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

3.2 Products and Product Pricing

The price that we will charge you for the Products and Membership may be based on a tiered pricing structure that depends on Membership chosen and the number of Products in each Member’s restock box (each a “Box”). Pricing for Products and Memberships (including any applicable shipping and handling fees) can be found on the HANKIES Services. Members may view or customize the Products in each Box by visiting the “Box” page. By adding or removing Products from a Box, or changing your Membership, this may change the price that we will charge you for the Products and Box. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.

3.3 Memberships and Promotions

Members may begin or reactivate their Membership with a promotional trial period, allowing the Member to receive trial-sized or other promotional Product(s) at a reduced price based on the Membership selected (“Starter Box”). Members may also choose to add additional Products to their Box on a one-time or recurring basis (“Add-On Products”). At that time, the Payment Method will be charged for only the price, and any shipping and taxes (if applicable), of the Starter Box and any Add-On Products selected. For combinations with other promotions and offers, restrictions may apply. HANKIES reserves the right, in its sole discretion, to determine your Starter Box eligibility.

Thereafter, Members will receive full-size Products shipped regularly based on the Membership and/or Products selected (each a “Restock Box”). HANKIES will bill your credit, debit, or other Company-accepted payment method (“Payment Method”) for the applicable Restock Box based on your Membership and any Add-On Products you select for each Box in accordance with Section 4.1, unless you cancel your Membership in accordance with Section 4.3.

To view the specific details of your Membership, including frequency of shipments and next ship date, visit our website and click on “Account.” To view your next Box price, Box contents, and ship date, click on “Box”.

HANKIES reserves the right, in its absolute discretion, to withdraw or modify any Product, Membership, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Memberships, offers, or promotions advertised on the HANKIES Services are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

3.4 Processing Orders

If any problems arise with your order, or with the shipping address or Payment Method associated with your Membership, and HANKIES is unable to resolve the problem, we may notify you via e-mail using the address associated with your Membership. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled and we may not be able to process future Restock Boxes until the problem has been resolved.

3.5 Refunds

If you are dissatisfied with one of our Products for any reason, we will refund the amount paid for that Product in your most recent box received. Refund requests must be made directly to us a tHELLO @MYHANKIES.COM within 30 days of the date of shipment by HANKIES. We are not liable for Products that are damaged or lost in transit to Niles Industries. Promptly following Niles Industries’s receipt of your request (typically within five (5) business days), Niles Industries will credit the amount paid for the returned Product  to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, HANKIES does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback. 

We will not provide a refund for a request that is received by Niles Industries more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

3.6 Gift Cards

The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. HANKIES shall have the right to refuse service, suspend or terminate accounts or memberships or any related account(s), cancel orders or Box shipments, or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if HANKIES suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the HANKIES Services. For full terms and conditions related to gift cards see terms.

 

4. MEMBERSHIP TERMS AND CANCELLATION POLICY

4.1 Recurring Membership; Automatic Renewal

YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

HANKIES will automatically renew your Membership and charge your Payment Method depending on the Membership and/or Box shipping frequency chosen by you and, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.

Your Payment Method will be charged at least one full business day prior to your next Box shipping date. We will charge your Payment Method with the applicable cost for your Box, along with any shipping and handling costs and sales or similar taxes that may be charged with your Membership.

To avoid being charged, you must cancel your Membership in accordance with Section 4.3. We will continue to bill your Payment Method on a recurring basis (depending on the Membership and Box shipping frequency selected) until you cancel.

4.2 Pausing and Resuming Membership; Shipping Frequency

Members will be shipped a Box based on the shipping frequency and/or shipping date chosen in their account.

For some Members, HANKIES may offer the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, Members will remain active members, but they will not receive any HANKIES Products. A Member’s Membership may be placed on a Pause Period for either a one, two, or three month period. During the Pause Period, Members will remain a member of HANKIES, continue to receive communications from HANKIES via email, but will not be charged any maintenance or membership fee. Members who are in a Pause Period may resume receiving HANKIES Products by logging into their account and resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to us at HELLO@MYHANKIES.COM 

For Members who do not have the option to temporarily pause their Membership, HANKIES may offer such Members the ability to change their Box ship date. By default, Restock Boxes will be shipped every three (3) months. These Members can choose to decrease or increase their Box shipping frequency anywhere between one (1) and six (6) months through their Member account page. These Members can also choose a specific shipping date for their next Box that is anywhere between two (2) business days and up to six months away. Members that wish to retain their Membership but have their Box shipped less often than six months must log in to their Member account page at least one full business day prior to your next Box shipping date to extend the shipping date for an additional period (up to six months) for the next Box. 

4.3 Membership Cancellation

You may cancel your Membership at any time from the Account page on the HANKIES website. To cancel a Membership, click on “Membership Settings” link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next Box shipping date to avoid being charged for that Box. Cancellation requests received by HANKIES through other channels may take up to five (5) business days to process. If you have any problems, please email us at HELLO@MYHANKIES.COM

 

4.4 HANKIES Referral Program

HANKIES MAY offer a Referral Program that allows Members to earn promotional credits towards a future purchase of Products by referring their friends, family, or other individuals to HANKIES. 

5. HANKIES SMS TERMS AND CONDITIONS

If you would like to receive text messages about your box status, account notifications, and other special offers and announcements, you may sign up by visiting your Member account page and providing your consent to receive autodialed texts from or on behalf of us at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. If you would like to unsubscribe, you can follow the instructions provided in those messages or otherwise text “STOP”. If you have any questions, you may reply HELP to any HANKIES alert or contact our customer service department at HELLO@MYHANKIES.COM

 

 

6. LIABILITY OF HANKIES AND ITS LICENSORS AND PARTNERS

The use of the HANKIES Services or the Contents is at your own risk. The Contents in the HANKIES Services could include technical inaccuracies or typographical errors. HANKIES may make changes or improvements at any time. 

THE CONTENTS IN THE HANKIES SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HANKIES DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HANKIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HANKIES SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HANKIES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE HANKIES SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HANKIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HANKIES ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY HANKIES, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

 

7. CONTACT WITH THIRD PARTIES AND THIRD PARTY WEBSITES

The HANKIES Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).   The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the HANKIES Services. You agree that HANKIES shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the HANKIES Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the HANKIES Services does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the HANKIES Services, or based on such third party’s participation or presence on the HANKIES Services, are solely between you and the third party. HANKIES makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the HANKIES Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

 

8. INDEMNITY

You agree to defend, indemnify, and hold HANKIES, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Niles Industries Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the HANKIES Services or Contents, or your violation of these Terms. HANKIES reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

 

9. MODIFICATION OR SUSPENSION OF THE HANKIES SERVICES

You agree that HANKIES may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the HANKIES Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

 

10. GENERAL

HANKIES makes no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the HANKIES Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of HANKIES and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.

 

11. CHOICE OF LAW

These Terms are governed in accordance with the laws of the state of TENNESSEE, United States of America, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

12. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER

Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with Niles Industries and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at HELLO@MYHANKIES.COM or Niles Industries, Attn:6024 BRENTWOOD CHASE DR. BRENTWOOD TN 37027. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.

Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.   The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/.

You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in TENNESSEE.

Applicable to Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada. For a copy of the procedure to file a Claim, or for other information about this organization, contact them as follows: www.adrcanada.ca.

 

13. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION

If you believe any Submission accessible on or from the HANKIES Services infringes your copyright, you should notify HANKIES of your infringement claim in accordance with the procedures below:

- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;

- Your name, address, telephone number, and (if available) email address;

- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

- A signature or the electronic equivalent from the copyright holder or authorized representative.

We will process each notice of alleged infringement that Niles Industries receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Niles Industries’s copyright agent at HELLO@MYHANKIES.COM (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:

Attention: Copyright Agent
Niles Industries, Inc.
6024 BRENTWOOD CHASE DR

BRENTWOOD, TN 37027

In an effort to protect the rights of copyright owners, HANKIES maintains a policy for the termination, in appropriate circumstances, of users of the HANKIES Services who are repeat infringers.

 

14. SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of HANKIES to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

 

15. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of HANKIES on the HANKIES Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and HANKIES with respect to the use of the HANKIES Services and Contents.

 

 

Privacy Policy:

1. INFORMATION COLLECTION

 

Information You Provide To Us

 

When you use the HANKIES Services, we may ask you to provide certain personal information to obtain our products or use our services.  For example, we may ask for information when you register to create an account, update your information, sign up for a membership or subscription, use certain features, access, upload or download content, purchase products or services, enter into sweepstakes or other promotions, register or participate in a competition, fill out a survey, request customer support, or otherwise communicate with us.   

 

We (or our service providers or business partners) may collect information that relates to you, including personal information, such as your name, e-mail address, telephone number, phone number, mailing address, date of birth, gender, and demographic information.   

 

Information You Provide When You Participate in an Online Survey or Other Research. We may also collect information you provide us in connection with participating in an online survey or as a research panel participant.  This may include, but may not be limited to, information about your shopping habits, lifestyle preferences, interests and hobbies, health, physical or behavioral characteristics, or other demographic information, as well as photos, videos, and other user-generated content.

 

Information You Provide When You Make a Purchase. If you make a purchase from us, you will be required to provide a credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal or Apple Pay), depending on the form of payment you choose. 

 

Information You Provide about a Third Party. You may decide to provide us with another person's information (such as name, email, address, or phone number) so that we may recommend or send products or services to such person, or so that we may facilitate your communication with other people. Local law may require you to seek the consent of your contacts to provide their personal information to HANKIES (or in connection with using the HANKIES Services), which may in turn use that information in accordance with the terms of this Privacy Policy. Where required by law, we will obtain the required consent from the person whose information you provided to us.

 

Information You Provide Through Social Media. You may also be given the option to link to your Facebook or other social media accounts through the HANKIES Services. When you do, we may automatically receive certain information from you based upon your privacy settings on those sites. This may include, but may not be limited to, name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as from social media and online activity.

 

Information Collected Automatically

 

Whenever you visit or interact with the HANKIES Services, HANKIES, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect information about your online activity. This information may be collected in the following ways:

 

Usage Information: We may use cookies, web beacons, pixel tags, mobile analytics software, log files, or other technologies to collect certain information about your online activity, and interactions with our emails, online and mobile advertisements, and to allow us to keep track of analytics and certain statistical information which enables HANKIES to improve the HANKIES Services and provide you with more relevant content and advertising offered by HANKIES, or through or linked from the HANKIES Services.

 

For example, we may automatically or passively collect certain information from you, including your browser type, mobile device manufacturer, mobile carrier, phone number, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited, any mobile device activity and configurations, and email client. We may also automatically collect information about your use of the HANKIES Services, including the date and time you visit the HANKIES Services, use or click through to any of the HANKIES Services, the areas or pages of the HANKIES Services that you visit, the amount of time you spend viewing or using the HANKIES Services, the number of times you return to the HANKIES Services, other click-stream or site usage data, emails that you open, forward or click-through to our HANKIES Services, and other sites that you may visit.

 

Device Information. We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the HANKIES Services, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, provide the HANKIES Services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across computers or devices you may use.

 

Geolocation Information: We may collect information about the location of your Device when you access or use the HANKIES Services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information.

 

Third Party Service Providers. We may use third party service providers to support the HANKIES Services.  Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, or other technologies to receive, collect, and store information on our behalf.

 

Third Party Analytic Technologies. We may use third parties’ analytics and tracking tools, such as Google Analytics, Adobe Marketing Cloud services, Facebook Custom Audience and others, to help us track, segment and analyze usage of the HANKIES Services, and to help us or those third parties serve more targeted advertising to you on the HANKIES Services and across the Internet. These tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store non-personal information. They may also combine information they collect from your interaction with the HANKIES Services with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

 

To learn more about your advertising choices relating to the collection and use of your information, please see the Your Choices section below.

 

Information Received from Other Third Parties

 

We may obtain information about you from other trusted third party sources to update or supplement the information that you provide or that we collect automatically. This includes, for example, information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also receive information about you from our partners and service providers, (including, for example, business partners, analytics vendors, advertising networks and search information providers). 

 

We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the HANKIES Services, target our communications so that we can inform you of products and services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.

 

Combination of Information

 

We may combine the information we receive from you and about you, including information you provide to us and information we automatically collect through the HANKIES Services, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third party sources.  This combined information may be used in any manner detailed in this Privacy Policy.

 

 

 

 2. HOW WE USE THE INFORMATION COLLECTED

 

We may use the information about you for a variety of business purposes, including for example:

 

 

 

For Customer Service and Transactional Purposes, such as to:

 

- respond to your questions or requests and provide customer service;

 

- manage your account and registration;

 

- troubleshoot issues, bugs or defects related to your account or activities;

 

- provide you with access to certain features of the HANKIES Services;

 

- validate, confirm, verify, deliver, and track your order (including to arrange for shipping, handle returns and refunds, and contact you about your orders, including by telephone), and send you related information, coupons, products or samples;

 

- verify your identity or communicate with you about your activities with respect to the HANKIES Services;

 

- to use and disclose your credit, debit or payment card or other financial information only to process payments and prevent fraud;

 

- contact you with regard to your use of the HANKIES Services and, in our discretion, changes to any Niles Industries policy;

 

- develop new products or services and to enhance current products and services; and

 

- protect the security or integrity of the HANKIES Services and our business, such as by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users.

 

For Commercial Purposes, such as to:

 

- perform market research, understand the effectiveness of our competition or promotions and HANKIES Services analytics and operations;

 

- personalize and improve the HANKIES Services and our products, services, offers and advertising made available on or outside the HANKIES Services (including on other sites/ applications that you visit).  For example, we may provide personalized or localized content, recommendations, features, and provide content or features that match your interests and preferences;

 

- provide you with customized content, advertisements, offers and promotions offered by HANKIES or on behalf of our partners and affiliates, and provide news and other information we think will be of interest to you on the HANKIES Services, in emails and across third-party websites;

 

- link or combine with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices, and to provide you with better service; and

 

- communicate with you, either directly or through one of our partners (e.g., through Facebook Custom Audience, Google Customer Match, Twitter Match, etc.) for HANKIES marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.

 

We may also use information you provide to us for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.

 

 

 

 3. SHARING OF INFORMATION

 

The information collected or generated through your use of the HANKIES Services may be shared by you or by us as described below.   

 

Sharing of Information by You

 

The HANKIES Services offer many ways to find, enjoy, and share content.

 

Your activity in connection with the HANKIES Services, such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, participation in online communities, “liking” or “sharing” HANKIES content to your social media accounts or pages or otherwise interacting with the HANKIES Services, may be visible to other users of the HANKIES Services and in some cases, publicly available.

 

Sharing of Information by Us

 

We may share the information collected from or about you for the following business purposes:

 

With Our Affiliates. We may share your information with our subsidiaries and affiliated companies for internal reasons, primarily for business and operational purposes. 

 

Third Party Service Providers. We may share your information with third party service providers that provide business, professional or technical support functions on our behalf. This includes, but may not be limited to, service providers that host or operate the HANKIES Services; process payment; analyze data; provide customer service; provide postal or delivery services, and administer or participate in any promotions. 

 

Sweepstakes, Contests, and Promotions. If you choose to enter into one of our sweepstakes, contests, or other promotions (a “Promotion”) we may disclose your information to third parties or the public in connection with the administration of such Promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with the terms of this Privacy Policy.

 

Business Transfers.  In the event that another entity acquires us or all or substantially all of our assets, or assets related to the HANKIES Services, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Finally, information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.

 

Legal Disclosures; Safety. HANKIES may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our Terms of Use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, users of the HANKIES Services, HANKIES, or the public.

 

Aggregate or Anonymous Non-Personal Information. We may also share aggregate or anonymous (de-identified) information with third parties for their marketing or analytics uses.  Such information does not contain personal information.

 

We may also share your information for the following limited commercial marketing purposes:

 

Other Third Parties. Your information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your information may also be shared with third parties we identify at the time you provide your personal information or otherwise with your consent.

 

 

 

 4. YOUR CHOICES AND OPT-OUT

 

Certain parts of the HANKIES Services require cookies. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features through the HANKIES Services or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.

 

Our system may not respond to Do Not Track requests or headers from some or all browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use. 

 

We, or other parties we do business with, may place or recognize unique cookies or other technologies on your browser when you visit the HANKIES Services to collect information about your use of the HANKIES Services and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet. To learn more about such interest-based advertising, please review the information below:

 

- To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: http://www.aboutads.info/choices/; DAA AppChoices http://www.aboutads.info/appchoices/. 

 

- To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: http://www.networkadvertising.org/choices/. Please note that even if you opt-out, you may still receive advertisements from HANKIES that are not customized based on your Usage Information.

 

 

 

- To learn how to manage privacy and storage settings for Flash cookies, please visit: https://www.adobe.com/support/documentation/en/flashplayer/help/settings_manager.html.

 

 

 

Access and Updates to Your Information:

 

If you wish to verify, correct, or update any of your personal information, you may visit your Account Page or contact us at the address or e-mail in the Contact Us section below.

 

Unsubscribing from Communications by Us:

 

We provide our customers with the opportunity to update their information or opt-out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product order or servicing of your product. To opt-out of marketing communications, you may: 

 

- Send us an e-mail at hello@myhankies.com

 

- Contact us by mail at Niles Industries, 6024 Brentwood Chase Dr. Brentwood TN 37027

- Unsubscribe from our marketing email communications at any time by unsubscribing or following the instructions contained within the email.

 

 

 

Your California Privacy Rights:

 

California residents may also:

 

Request, up to two times each year, that we disclose to you the categories and specific pieces of personal information that we have collected about you, the categories of sources from which your personal information is collected, the business or commercial purpose for collecting your personal information, the categories of personal information that we disclosed for a business purpose, any categories of personal information that we sold about you, the categories of third parties with whom we have shared your personal information, and the business or commercial purpose for selling your personal information, if applicable.

Request that we delete any personal information that we have collected from or about you.  Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.

To take advantage of any of these rights, please contact us at by email at hello@myhankies.com, or by mail at Attn: Member Services/Privacy Officer, 6024 Brentwood Chase Dr. Brentwood TN 37027.  We may request certain information to verify your identity before we can respond to your request.  We value your privacy and will not discriminate in response to your exercise of your privacy rights. We will respond to your access and deletion requests within 45 days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know.

 

 

For purposes of compliance with the California Consumer Privacy Act, in addition to the further details as described throughout this Privacy Policy, we make the following disclosures:

 

We collect the following categories of personal information:  Identifiers/Contact Information (such as the types of contact information and identifiers described earlier in this policy), Commercial information (such as transaction history), Protected Classification Characteristics (your gender), Internet or other electronic network activity information (as described earlier in this policy), geolocation, visual and audio information, and inferences drawn from the above (such as those to create a personalized profile for advertising).

We sell the following categories of personal information:  Identifiers/Contact Information, Internet or other electronic network activity information, and inferences drawn from the above.

We disclose the following categories of personal information for a business or commercial purpose:  Identifiers/Contact Information, Commercial information, Internet or other electronic network activity information, geolocation, visual and audio information, and inferences drawn from the above.

 

 

5. CHILDREN'S PRIVACY

 

Protecting children’s privacy is important to us. We do not direct the HANKIES Services to, nor do we knowingly collect any personal information from, children under the age of sixteen.  If HANKIES learns that a child under the age of sixteen has provided personal information through the HANKIES Services, we will use reasonable efforts to remove such information from our files.

 

 

 

 6. SECURITY OF YOUR INFORMATION

 

We use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure.  Please note that we cannot ensure or warrant the security of any information you transmit to us. You use the HANKIES Services and provide us with your information at your own risk.  If we share information with a third party, as detailed in this privacy policy, we shall use all reasonable efforts to ensure that they keep the information secure and only use the information consistent with the terms of this Privacy Policy.

 

 

 

 7. OTHER SITES

 

The HANKIES Services may contain links to other sites that we do not own or operate. This includes links from service providers, fulfillment companies, advertisers, sponsors, or other business partners that may use our logo(s) as part of a co-branding agreement. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of the HANKIES Services (including those linked to through an email or social networking page).

 

 

 

 8. CONSENT TO PROCESSING & INTERNATIONAL TRANSFERS

 

HANKIES is a global business and it, or its service providers, may process, transfer and store information about our users on servers located in a number of countries, including the United States. As a result, your personal information may be subject to data protection and other laws that may differ from your country of residence. Your personal information may be disclosed in response to inquiries or requests from government authorities or to respond to judicial process in the countries in which we operate. By using the HANKIES Services, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as, or equivalent to, those in the country where you reside and/or are a citizen.

 

 

 

 9. CHANGES & OTHER HANKIES PRIVACY POLICIES

 

Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the HANKIES Services. If we make a material change to this Privacy Policy, we will provide appropriate notice to you.

 

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.

 

 

 

 10. CONTACT US 

 

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

 

Attn:  Member Services/Privacy Officer

Address: 6024 Brentwood Chase Dr. Brentwood, TN 37027  

Re: NILES INDUSTRIES PRIVACY POLICY

 

E-Mail: hello@myhankies.co

 

Alternatively, please go to www.myhankies.com, and click on the Contact Us link.