Terms of Service

No Warranties or Guarantees. You understand and agree that HFM makes no express or implied warranty, guarantee, or representation concerning the adequacy, completeness, usefulness, validity, or sufficiency of the Site, or any result, outcome, or effect thereof. HFM does not warrant, represent, or in any way guarantee that the Site will have any specific result or any intended result, or that the Site will be error-free. For that same reason, HFM makes no warranty or guarantee that decision(s) made by You based on or in any way related to the Site (or any information contained in or related to the Site) will have any specific result or any intended result.

No Responsibility. HFM shall not be responsible in any manner or amount for:

  • Your use or reliance on the Site;
  • Any loss, damages, or economic consequences to You individually or to any business entity as a result of decisions made using, relying upon, or in any way related to information provided by the Site; and
  • Any viruses imported into the Site from or through any computer, electronic device, or other property during download or use of the Site, including but not limited to loss or corruption of data, damage to programs, applications, or devices on which You utilize or attempt to utilize the Site.

HFM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTY OF NON-INFRINGEMENT.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HFM, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR (1) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR USE OF THE SERVICES, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER HFM HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR USE OF THE SERVICES MORE THAN THE AMOUNTS PAID BY YOU TO HFM, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

No Liability for Third Party Action or Inaction. HFM may contract and work with third parties in connection with the Site. HFM expressly disclaims all responsibility and liability to You with regard to actions or inactions of, or problems caused by, any third party, including but not limited to third-party services, products, host websites, payment software, or online platforms. Your sole and exclusive remedy for damages caused by third parties is against such third parties, and You agree that HFM shall not be responsible or liable for any damages or loss caused in whole or in part by any third party.

Applicable Law. This Agreement is governed by and construed in accordance with the laws of the State of Minnesota, without reference to conflict of laws principles. You expressly agree that any legal proceeding arising out of this Agreement must be brought in the State District Court or United States District Court of the State of Minnesota, and You irrevocably submit to the exclusive jurisdiction of such courts.

Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining enforceable provisions will nevertheless remain in full force and effect.

Binding Effect. You agree that this Agreement is of full force and effect and is binding on You and Your heirs, successors, and legal representatives.

Entire Agreement. This Agreement represents the entire and only agreement between the parties concerning the subject matter hereof and supersedes all prior representations, warranties, understandings, and agreements, whether written, digital, or oral. This Agreement may not be altered, amended, or modified except by formal agreement in writing signed by an authorized representative of You and of HFM.

Attorneys’ Fees. If HFM prevails in any action, suit, or proceeding arising from Your use of the Service or breach of this Agreement, You agree that HFM will be entitled to recover its reasonable attorneys’ fees, court costs, and other fees and disbursements incurred in such action, suit, or proceeding.

Waiver. The failure of HFM to enforce any term or condition of this Agreement does not constitute a waiver of HFM’s rights to enforce subsequent breaches of any term or condition herein.

Refusal Rights. HFM, in its sole discretion and without incurring liability, reserves the right to refuse to sell the Service, permit access to the Site, or otherwise conduct business with any person except as prohibited by law.

Occasionally HFM may make changes to this Agreement. HFM will provide You with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice on the Site or by sending You an email. In some cases, HFM will notify You in advance, and Your continued use of the Service after the changes have been made will constitute Your acceptance of the changes. Please therefore make sure You read any such notice carefully.

As of March 1, 2024