Consumer Purchase Terms and Conditions

HAWKEN COMPONENTS

Flexroute® Cable Clamp

Effective Date: August 18, 2026

DEFINITIONS

As used in these Terms, the following capitalized terms have the meanings set forth below:

"Agreement" or "Terms" means these Consumer Purchase Terms and Conditions, including all schedules, exhibits, and policies incorporated by reference.

"Amazon Marketplace" means the Amazon.com marketplace platform through which the Product may be offered for sale by Hawken Components, LLC (Hawken) or its authorized reseller account.

"Customer" or "you" means the individual or entity purchasing, receiving, or using the Product.

"Flexroute® Product" means Flexroute® Cable Clamp, including all components, accessories, packaging, documentation, instructions, and related materials.

"Intellectual Property" means all patents, patent applications, trademarks, trade names, service marks, logos, trade dress, designs, copyrights, trade secrets, know-how, product configurations, packaging, marketing materials, website content, instructions, manuals, and all other proprietary rights of Hawken and/or its licensors.

“Product(s)” means the Flexroute Product and Third-Party Products.

"Seller" means Hawken, its affiliates, successors, and assigns.

“Third-Party Products” means all third-party products, components, accessories, packaging, documentation, instructions, and related materials.

"Website" means Hawken's direct-to-consumer website located at https://www.hawkencomponents.com.

1. ACCEPTANCE OF TERMS

By purchasing, ordering, placing an order for, receiving, opening, installing, activating, retaining, accessing any seller materials accompanying, or using the Products in any manner, Customer acknowledges that Customer has read, understood, and agrees to be bound by this Agreement. This Agreement constitutes a legally binding contract between Customer and Hawken.

If Customer does not agree to these Terms, Customer must not purchase, open, install, activate, use, or retain the Product. Customer's sole remedy if Customer does not accept these Terms is to return the Product in its original, unopened, and undamaged condition in accordance with the applicable return policy set forth in Section 6 below.

Customer's agreement to these Terms is established upon the earliest of: (a) placement of an order for the Product; (b) completion of a purchase transaction; (c) receipt of the Product; (d) opening or breaking the seal on the Product's packaging; (e) installation or activation of the Product; (f) retention of the Product beyond the applicable return period; (g) access to any accompanying materials, instructions, or documentation; or (h) any use of the Product.

AMAZON CHANNEL NOTE: For purchases through Amazon Marketplace, Customer's acceptance of these Terms supplements (and does not replace) Amazon's Conditions of Use and applicable marketplace terms. In the event of conflict between these Terms and Amazon's mandatory marketplace terms, the provisions required by Amazon's policies shall apply to Amazon Marketplace purchases to the extent required.

BUSINESS SALES NOTE: These Terms apply solely to consumer sales through Hawken’s website and do not apply to any Business sales or purchase order transactions. For Business sales please submit an inquiry at: https://www.hawkencomponents.com/pages/commercial-account-application

2. PRODUCT DESCRIPTION AND PATENT NOTICE

2.1 Flexroute® Product Description

The Flexroute® Product is the Flexroute® Cable Clamp as described on Hawken's Website and/or applicable product listing. Product specifications, images, descriptions, and other materials are provided for informational purposes and are subject to change without notice. Hawken reserves the right to modify Product specifications, features, packaging, and configurations at any time.

2.2 Patent Notice

The Flexroute® Product is protected by one or more United States patents:

U.S. Patent No(s).: 9,512,941; 9,791,072; D747,276; D747,275

Product packaging is marked in accordance with 35 U.S.C. § 287. Unauthorized making, using, offering for sale, selling, or importing of the Flexroute® Product or any device embodying the patented invention may constitute patent infringement and may subject the infringer to liability for damages, injunctive relief, and attorneys' fees.

2.3 Trademark Notice

Flexroute® is a registered trademark of Hawken Holdings, LLC. All rights are reserved.

2.4 Limited License

Subject to Customer's compliance with this Agreement, including the restrictions set forth in Section 9, Hawken grants Customer a limited, personal, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Flexroute® Product solely for its intended purpose as described in the Product's included instructions and documentation. With respect to Third-Party Products, Customer’s right to use such products is subject to and limited by any license terms, restrictions, or conditions imposed by the applicable third-party manufacturer, vendor, or owner, and Hawken makes no representation that it has authority to grant any license rights with respect to Third-Party Products. No other license, right, or interest in any Intellectual Property of Hawken or any third party is granted, whether by implication, estoppel, or otherwise. All rights not expressly granted herein are reserved by Hawken or, in the case of Third-Party Products, the applicable third-party owner.

2.5 Third-Party Products

Hawken may offer for sale certain Third-Party Products that are manufactured, produced, or supplied by third parties other than Hawken. Product descriptions, specifications, images, documentation, patents, trademarks, and other information relating to Third-Party Products are provided by or derived from information supplied by the applicable third-party manufacturers, vendors, or suppliers. Hawken does not independently verify, and makes no representation or warranty regarding the accuracy, completeness, or reliability of, any information relating to Third-Party Products. Customer acknowledges that: (a) Hawken is not the manufacturer of Third-Party Products; (b) Hawken does not control the design, production, quality, or performance of Third-Party Products; and (c) any intellectual property rights associated with Third-Party Products are owned by the applicable third-party owners and not by Hawken.

3. SALES CHANNELS

3.1 Direct Website Purchases

For purchases made through the Website:

All orders are subject to acceptance by Hawken. Placement of an order does not constitute acceptance. Hawken reserves the right to accept, decline, or cancel any order in its sole discretion, including after order confirmation.
The checkout process, order confirmation, payment processing, and customer account management are governed by these terms and Hawken's Website policies, including: Terms of Service and Privacy Policy.
Hawken's posted Website policies are incorporated by reference and form part of this Agreement for Website purchases.
Customer service inquiries for Website purchases can be submitted to info@hawkencomponents.com.

3.2 Amazon Marketplace Purchases

For purchases made through the Amazon Marketplace:

Purchases are additionally subject to Amazon's Conditions of Use, Amazon's applicable marketplace policies, and Amazon's terms of service for buyers.
Amazon's payment processing terms, customer service processes, fulfillment procedures (including Fulfillment by Amazon, if applicable), A-to-Z Guarantee, and return/refund policies may apply independently to Amazon Marketplace purchases.
To the extent that Amazon's mandatory marketplace policies conflict with or supplement these Terms, Amazon's policies shall govern for Amazon Marketplace purchases to the extent required by Amazon or applicable law.
Hawken does not control Amazon's marketplace operations and disclaims responsibility for Amazon's fulfillment, payment processing, customer communications, or dispute resolution processes.

3.3 Authorized Channels Only

These Terms apply solely to Products purchased through Hawken's authorized sales channels. Products acquired through unauthorized third-party resellers, gray-market channels, or counterfeit sources are not covered by these Terms, including any warranty, return, or support obligations.

4. PRICING AND PAYMENT

4.1 Pricing

Hawken reserves the right, in its sole and absolute discretion, to set, change, correct, modify, or discontinue prices, promotions, discounts, and product availability at any time without prior notice or obligation to Customer. Prices displayed are subject to change until the moment of confirmed purchase. In the event of a pricing error (including but not limited to typographical errors, system errors, or inaccurate pricing information), Hawken reserves the right to cancel any order placed at the erroneous price, regardless of whether the order has been confirmed or payment has been processed.

4.2 Taxes and Fees

All prices are exclusive of applicable sales taxes, use taxes, value-added taxes, duties, tariffs, and other governmental charges unless expressly stated otherwise. Customer is responsible for all applicable taxes and fees imposed by any jurisdiction in connection with the purchase. Hawken will collect and remit applicable taxes as required by law.

4.3 Payment — Website Purchases

For Website purchases, payment is due at the time of order placement. Hawken accepts the payment methods posted on the Website. Hawken reserves the right to: (a) verify and authorize payment before processing any order; (b) decline or cancel orders where payment cannot be verified or authorized; (c) cancel orders where Hawken suspects fraud, unauthorized use of payment methods, or violation of these Terms; and (d) charge Customer's payment method for any chargebacks, disputed transactions, or reversed payments that are subsequently resolved in Hawken's favor, together with any associated fees or costs.

4.4 Payment — Amazon Marketplace Purchases

For Amazon Marketplace purchases, payment is processed through Amazon's payment system in accordance with Amazon's applicable terms. Hawken does not directly process payments for Amazon Marketplace purchases and is not responsible for Amazon's payment processing, payment disputes handled through Amazon, or Amazon's payment policies.

4.5 Order Cancellation and Fraud Prevention

Hawken reserves the right to cancel, refuse, or limit any order at any time and for any reason, including without limitation suspected fraud, suspected unauthorized use of payment methods, multiple orders intended to circumvent purchase limits, or violation of these Terms. Hawken shall not be liable to Customer for any cancelled order.

5. SHIPPING AND DELIVERY

5.1 Estimated Delivery

All delivery dates and timeframes provided by Hawken are estimates only and do not constitute guaranteed delivery dates unless Hawken expressly states a guaranteed delivery date in a confirmed order. Hawken shall not be liable for any delays in shipment or delivery.

5.2 Risk of Loss and Title

For Website purchases, title to and risk of loss of the Product passes to Customer upon delivery of the Product to the common carrier at Hawken's shipping facility (FOB Hawken’s facility or EXW Hawken’s facility for international shipping), unless otherwise required by applicable law. Hawken is not responsible for loss, damage, or delay occurring after delivery to the carrier.

5.3 Carrier and Shipping Disclaimers

Hawken is not responsible for: (a) delays, damages, or losses caused by any shipping carrier, postal service, or delivery provider; (b) customs delays, import duties, or clearance issues for international shipments; (c) delivery failures resulting from inaccurate, incomplete, or undeliverable addresses provided by Customer; (d) packages reported as lost, stolen, or misdelivered after confirmed delivery by the carrier; or (e) delays or disruptions caused by weather, natural disasters, pandemics, government actions, labor disputes, or other events beyond Hawken's reasonable control (force majeure).

5.4 Partial Shipments

Hawken reserves the right to ship orders in multiple shipments. Each shipment constitutes a separate delivery, and delay or failure of one shipment shall not affect the validity of any other shipment.
5.5 International Shipments

Customer is solely responsible for compliance with all applicable import/export laws, customs regulations, and payment of all duties, tariffs, taxes, and fees imposed by the destination country. Hawken makes no representation regarding the legality of importing the Product into any jurisdiction.

6. RETURNS AND REFUNDS

6.1 Return Window

Subject to the conditions and exclusions set forth below, Customer may return eligible Products within 30 calendar days from the date of purchase (or such shorter or longer period as may be required by applicable law or applicable channel policy).

EU/UK Consumers: If you are a consumer in the European Union or United Kingdom, you have a statutory right to withdraw from your purchase within 14 days of receiving the Product, without giving any reason. To exercise this right, notify us at info@hawkencomponents.com before the 14-day period expires. You will bear the direct cost of returning the Product. We will reimburse you within 14 days of receiving the returned Product or proof of return, whichever is earlier.

6.2 Eligibility Conditions

To be eligible for return, the Product must satisfy all of the following conditions:

Product is unused, unopened, and undamaged;
Product is in its original packaging with all seals, shrink wrap, and protective materials intact;
All components, accessories, manuals, documentation, and free items included with the Product are present and in original condition;
Customer provides valid proof of purchase (order confirmation, receipt, or equivalent); and
Customer notifies Hawken via our website form or email and follows our return instructions (for Website purchases) or follows the applicable return process for the purchase channel.

6.3 Exclusions

The following Products are NOT eligible for return or refund, to the fullest extent permitted by applicable law:

Products that have been opened, unsealed, used, installed, activated, or show evidence of use;
Products that have been altered, modified, customized, repaired (by anyone other than Hawken), or damaged by Customer;
Products with missing components, accessories, packaging, documentation, or included materials;
Products designated as final sale, sale, clearance, discounted or non-returnable at the time of purchase;
Products purchased during promotional events where non-return conditions were disclosed;
Hygiene-sensitive or safety-sensitive products where the seal has been broken;
Custom-made, personalized, or build-to-order products;
Products purchased from unauthorized channels or third-party resellers; and
Products where the return request is made outside the applicable return window.

6.4 Return Process and Costs

For eligible returns: (a) Customer is responsible for all return shipping costs unless the return is due to Hawken's error or a defective Product; (b) Hawken may charge a restocking fee of up to 25% of the purchase price for orders exceeding $1,000; (c) Hawken reserves the right to inspect returned Products and reject returns that do not meet the eligibility conditions; (d) refunds, if approved, will be issued to the original payment method within a commercially reasonable timeframe following receipt and inspection of the returned Product; and (e) Hawken reserves the right to issue refunds as store credit in its sole discretion where permitted by law.

Gifts: If the item was marked as a gift when purchased and shipped directly to you, you will receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. If the item was not marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and they will find out about your return.

To return your Product, you should mail your Product to:

Hawken Components 3495 Lakeside Drive Suite 232 Reno, Nevada 89509

Once your return is received and inspected, Hawken will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment within a reasonable timeframe.

Late or missing refunds (if applicable): If you have not received a refund yet, first check your bank account again. Then contact your credit card company; it may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you have done all of this and you still have not received your refund yet, please contact us at: info@hawkencomponents.com

6.5 Amazon Marketplace Returns

For Products purchased through Amazon Marketplace, Amazon's return and refund policies may apply independently and may supersede the return terms set forth in this Section 6 to the extent required by Amazon's marketplace policies. Customers who purchased through Amazon should initiate returns through their Amazon account in accordance with Amazon's procedures.

6.6 Third-Party Product Returns

Returns of Third-Party Products may be subject to additional restrictions, limitations, or conditions imposed by the applicable third-party manufacturer, vendor, or supplier. Hawken reserves the right, in its sole discretion, to decline return requests for Third-Party Products or to require Customer to return Third-Party Products directly to the applicable third-party manufacturer or authorized service provider. Customer acknowledges that Hawken’s return policies for Third-Party Products may differ from those applicable to Hawken’s proprietary Flexroute® Products.

7. LIMITED WARRANTY

7.1 Warranty Coverage

The Products are sold with the understanding that the user will perform all necessary tests to determine the suitability for the user's intended application. Hawken warrants to the original purchaser only that the Flexroute® Product (excluding any Third-Party Products) will be materially free from defects in materials and workmanship under normal consumer use, in accordance with the Product's included instructions, for a period of thirty (30) days from the date of original purchase from an authorized channel (the "Warranty Period"). This warranty is nontransferable and extends only to the original end-user purchaser. This warranty does not apply to Third-Party Products, which are subject exclusively to Sections 7.6 and 7.7.

Additional Statutory Rights: If you are a consumer in the European Union, you have a statutory right to a minimum two-year guarantee that the Product conforms to the contract. If you are a consumer in the United Kingdom, you have statutory rights under the Consumer Rights Act 2015. If you are a consumer in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. This warranty is in addition to, and does not affect, your statutory rights.

7.2 Exclusive Remedy

If a covered defect is confirmed during the Warranty Period, Hawken's sole obligation and Customer's exclusive remedy shall be, at Hawken's sole discretion: (a) replacement of the defective Product with a new or refurbished unit of equal or comparable functionality; or (b) refund of the original purchase price paid by Customer for the defective Product. Hawken reserves the right to require return of the defective Product (at Customer's expense for shipping) as a condition of any warranty claim. Replacement products are warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer.

7.3 Warranty Exclusions

This warranty does NOT cover:

Damage or malfunction resulting from misuse, abuse, accident, neglect, improper handling, or failure to follow Product instructions;
Normal wear and tear, fading, discoloration, or cosmetic damage that does not affect functionality;
Consumable parts or components designed to diminish over time (e.g., batteries, filters);
Unauthorized modification, alteration, repair, or tampering by anyone other than Hawken or its authorized service providers;
Damage resulting from improper storage, installation, maintenance, or use inconsistent with Product documentation;
Failure to comply with Product instructions, specifications, or care guidelines;
Damage caused by third-party products, accessories, or services not authorized or sold by Hawken;
Products purchased from unauthorized resellers, gray-market sources, or counterfeit channels;
Products where the serial number, date code, or identification markings have been removed, altered, or rendered illegible; and
Cosmetic imperfections that do not materially affect the Product's intended functionality.

7.4 Disclaimer of Warranties

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN SECTION 7.1, THE PRODUCT IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAWKEN EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. HAWKEN DOES NOT WARRANT THAT THE PRODUCT WILL MEET CUSTOMER'S REQUIREMENTS, WILL BE ERROR-FREE, OR WILL OPERATE WITHOUT INTERRUPTION.

7.5 Consumer Law Savings Clause

Some jurisdictions do not allow the exclusion or limitation of implied warranties or the duration of an implied warranty. If you are a consumer in the European Union, you have a minimum two-year legal guarantee of conformity. If you are a consumer in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. To the extent that such exclusions or limitations are prohibited by applicable law, the above exclusions and limitations shall apply to the fullest extent permitted. Nothing in this Agreement is intended to exclude or limit any nonwaivable statutory rights of consumers under applicable law.

7.6 Third-Party Products — No Hawken Warranty

HAWKEN MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THIRD-PARTY PRODUCTS. ALL THIRD-PARTY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY FROM HAWKEN. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAWKEN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THIRD-PARTY PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Third-Party Products may be covered by warranties provided by the applicable third-party manufacturer, vendor, or supplier. Upon Customer’s request, Hawken will use commercially reasonable efforts to assist Customer in identifying and pursuing any available third-party warranties, but Hawken shall have no obligation to enforce such warranties on Customer’s behalf, and Customer’s exclusive remedy with respect to any Third-Party Product defect shall be directly against the applicable third-party manufacturer, vendor, or supplier.

7.7 Pass-Through of Third-Party Warranties

To the extent that any Third-Party Product is covered by a warranty, service agreement, or other commitment from the applicable third-party manufacturer, vendor, or supplier (each, a “Third-Party Warranty”), Hawken will, upon Customer’s written request, use commercially reasonable efforts to provide Customer with information regarding applicable Third-Party Warranties and to facilitate Customer’s access to any available benefits thereunder. Hawken hereby assigns to Customer, to the extent assignable and without recourse to Hawken, all of Hawken’s right, title, and interest in and to any Third-Party Warranties applicable to Third-Party Products purchased by Customer, subject to the terms and conditions of such Third-Party Warranties. HAWKEN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE EXISTENCE, TERMS, SCOPE, DURATION, TRANSFERABILITY, OR ENFORCEABILITY OF ANY THIRD-PARTY WARRANTY. Customer acknowledges that: (a) Third-Party Warranties are provided solely by the applicable third-party manufacturers, vendors, or suppliers and not by Hawken; (b) Hawken has no control over and assumes no responsibility for the performance of any third party’s warranty obligations; and (c) Customer must look solely to the applicable third party for enforcement of any Third-Party Warranty.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Consequential Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAWKEN, ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, DISTRIBUTORS, OR MARKETPLACE/CHANNEL PARTNERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE PRODUCT, THIS AGREEMENT, OR ANY TRANSACTION HEREUNDER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE) AND REGARDLESS OF WHETHER HAWKEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Damages Cap

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAWKEN'S TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO HAWKEN FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM; OR (B) $50.00.

8.3 Basis of the Bargain

Customer acknowledges and agrees that Hawken has set its prices and entered into this Agreement in reliance upon the limitations of liability and disclaimers of warranties set forth herein, and that the same form an essential basis of the bargain between the parties.

8.4 Consumer Law Savings Clause

Some jurisdictions do not allow the exclusion or limitation of certain damages. If you are a consumer in the European Union, United Kingdom, or Australia, statutory consumer protections may limit our ability to exclude or limit liability. To the extent that such exclusions or limitations are prohibited by applicable law, the above exclusions and limitations shall apply to the fullest extent permitted. Nothing in this Section is intended to limit any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for breach of statutory consumer guarantees.

8.5 Third-Party Products

NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, HAWKEN’S LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS SHALL BE LIMITED EXCLUSIVELY TO PASSING THROUGH TO CUSTOMER, TO THE EXTENT PERMITTED AND ACTUALLY RECEIVED BY HAWKEN, ANY RECOVERY OBTAINED FROM THE APPLICABLE THIRD-PARTY MANUFACTURER, VENDOR, OR SUPPLIER. CUSTOMER ACKNOWLEDGES THAT HAWKEN DOES NOT DESIGN, MANUFACTURE, OR CONTROL THIRD-PARTY PRODUCTS AND THAT HAWKEN EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR DEFECTS, MALFUNCTIONS, DESIGN FLAWS, SAFETY ISSUES, OR PERFORMANCE FAILURES OF THIRD-PARTY PRODUCTS. CUSTOMER’S SOLE REMEDY WITH RESPECT TO ANY CLAIM RELATING TO A THIRD-PARTY PRODUCT SHALL BE AGAINST THE APPLICABLE THIRD-PARTY MANUFACTURER, VENDOR, OR SUPPLIER, AND NOT AGAINST HAWKEN.

9. INTELLECTUAL PROPERTY

9.1 Ownership

Hawken and/or its licensors (including owners of Third-Party Products) exclusively own all right, title, and interest in and to all Intellectual Property associated with the Products, including without limitation all patents, patent applications, trademarks, trade names, service marks, logos, trade dress, designs, copyrights, trade secrets, know-how, product configurations, packaging, marketing materials, website content, instructions, manuals, and all other proprietary rights, whether or not registered. No title to or ownership of any Intellectual Property is transferred to Customer under this Agreement.

9.2 Prohibited Activities

Customer shall not, directly or indirectly:

Infringe, misappropriate, or otherwise violate any Intellectual Property of Hawken;
Use any trademark, trade name, logo, trade dress, or other mark of Hawken without prior written authorization;
Resell, distribute, or offer the Product for commercial purposes or in any manner that implies affiliation with, sponsorship by, or endorsement of Hawken without written authorization;
Reproduce, duplicate, copy, manufacture, or replicate the Product, its design, packaging, or marketing materials or any component thereof;
Reverse engineer, decompile, disassemble, or derive the source design, manufacturing process, composition, structure, or functionality of any Product;
Modify, adapt, alter, translate, or create derivative works based upon any Product;
Analyze, test, or examine any Product for the purpose of replicating its functionality, design, or features;
Remove, alter, cover, or obscure any patent notices, trademark notices, copyright notices, or other proprietary markings on or accompanying the Product;
Circumvent, disable, or interfere with any security, authentication, or protective features of any Product;
Use Hawken's trademarks, product name, or other marks in keyword advertising, metatags, search engine optimization, or any online advertising without prior written authorization;
Challenge, contest, or assist others in challenging the validity, enforceability, or ownership of any Intellectual Property of Hawken;
Import, export, or facilitate gray-market or parallel-import distribution of the Product where such activity infringes Hawken's rights or violates applicable law; or
Use any Intellectual Property of Hawken in any manner not expressly authorized by this Agreement.

9.3 Reporting

Customer shall promptly report any suspected infringement, counterfeiting, or unauthorized use of Hawken's Intellectual Property to info@hawkencomponents.com.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

This Agreement shall be governed in all respects by the substantive laws of the State of Nevada and where applicable, the laws of the United States, without regard to its conflict of laws principles.

10.2 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND HAWKEN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. Customer expressly waives any right to participate in a class action, collective action, or representative proceeding against Hawken. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction as set forth in Section 10.6.

10.3 Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER AND HAWKEN EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PRODUCT, OR ANY TRANSACTION HEREUNDER.

10.4 Small Claims Carveout

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, provided the action remains in small claims court and is not removed or transferred to a court of general jurisdiction.

10.5 Injunctive Relief and Equitable Remedies

Hawken shall have the right to seek temporary, preliminary, or permanent injunctive relief, specific performance, or other equitable remedies in any court of competent jurisdiction, without posting a bond or other security, to protect Hawken's Intellectual Property, confidential information, or proprietary rights, or to prevent unauthorized use, disclosure, or infringement thereof.

10.6 Venue

Each of the parties hereby irrevocably submits to the jurisdiction of the courts of the State of Nevada, County of Washoe and of the United States District Court in the District of Nevada. In the event any dispute arises between the parties, the parties agree that the given dispute shall exclusively be resolved in a court of competent jurisdiction located in Washoe County, Nevada. The parties agree that this is a mandatory forum selection clause.

10.7 Consumer Law Savings Clause

To the extent that applicable law prohibits class action waivers, or jury trial waivers for certain claims, such provisions shall apply to the fullest extent permitted and shall be severed only to the minimum extent necessary. Nothing in this Section is intended to deprive Customer of any nonwaivable statutory right to bring claims in a particular forum if required by applicable law.

11. INDEMNIFICATION

11.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless Hawken and its officers, directors, managers, members, employees, contractors, representatives, agents, affiliates, successors, assigns, licensors, suppliers, distributors, and marketplace/channel partners (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and costs of litigation) arising out of or related to:

Customer's breach or alleged breach of any provision of this Agreement;
Customer's misuse of the Product or use inconsistent with Product instructions or documentation;
Customer's violation of any applicable law, regulation, or ordinance;
Any infringement, misappropriation, or violation of third-party rights arising from Customer's use of the Product in a manner not authorized by this Agreement;
Fraud, misrepresentation, or intentional misconduct by Customer;
Unauthorized resale, distribution, or commercial exploitation of the Product by Customer;
Chargebacks, payment disputes, or reversed transactions initiated by Customer or Customer's payment provider that are resolved in Customer's favor or are determined to be fraudulent or unauthorized;
Returns abuse, including serial returns, fraudulent return claims, or return of products not sold by Hawken;
Unauthorized modification, alteration, or repair of the Product resulting in damage, injury, or third-party claims;
Any user-generated content, reviews, or feedback posted by Customer that gives rise to third-party claims; and
Any third-party claims arising from Customer's conduct, actions, or omissions in connection with the Product.

11.2 Defense and Cooperation

Hawken shall have the right, at its option and expense, to assume exclusive control of the defense of any claim subject to indemnification, with counsel of Hawken's choosing. Customer shall cooperate fully in the defense, including providing documents, information, testimony, and other assistance as reasonably requested. Customer shall not settle any claim without the prior written consent of Hawken.

12. SEVERABILITY, ENTIRE AGREEMENT, AND GENERAL PROVISIONS

12.1 Severability

If any provision of this Agreement is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

12.2 Waiver

No failure or delay by Hawken in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise thereof or the exercise of any other right. Any waiver must be in writing and signed by an authorized representative of Hawken to be effective.

12.3 Assignment

Hawken may freely assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder without notice to or consent of Customer. Customer may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without the prior written consent of Hawken. Any purported assignment in violation of this Section is void.

12.4 Force Majeure

Hawken shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, embargoes, sanctions, labor disputes, strikes, shortages of materials or components, supply chain disruptions, carrier delays, utility failures, cyberattacks, or any other events beyond Hawken's reasonable control.

12.5 Notices

Any notices required or permitted under this Agreement shall be delivered to Hawken at the address or email address listed under Contact Information. Hawken may provide notices to Customer at the email address or mailing address associated with Customer's order. Notices shall be deemed effective upon receipt or, for email, upon sending (absent a delivery failure notification).

12.6 Entire Agreement

This Agreement, together with Hawken's Privacy Policy, any policies posted on the Website and incorporated by reference, and (for Amazon Marketplace purchases) applicable Amazon marketplace policies, constitutes the entire agreement between Customer and Hawken with respect to the Product and supersedes all prior or contemporaneous communications, proposals, representations, understandings, and agreements (whether oral or written) relating to the subject matter hereof.

12.7 Order of Precedence

In the event of a conflict between the provisions of this Agreement and any other document or policy, the following order of precedence shall apply (from highest to lowest priority):

Applicable mandatory law and nonwaivable consumer protection statutes;
Mandatory marketplace policies (e.g., Amazon policies) for purchases through the applicable marketplace channel, to the extent required;
This Agreement;
Hawken's Website policies (for Website purchases); and
Product documentation and instructions.

12.8 Survival

Sections 2 (Product Description and Patent Notice), 7.4 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Intellectual Property), 10 (Governing Law and Dispute Resolution), 11 (Indemnification), 12 (General Provisions), and any other provisions that by their nature are intended to survive, shall survive the expiration, termination, or completion of any transaction under this Agreement.

12.9 Headings

Section headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

12.10 Electronic Communications and Signatures

Customer consents to receive communications from Hawken electronically (including by email or posting on the Website). Customer agrees that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. Customer acknowledges and agrees that electronic acceptance of these Terms (including by clicking the “I have read and agree” box completing a purchase, or other electronic action) constitutes a valid and enforceable electronic signature.

12.11 Amendments

Hawken reserves the right to amend, modify, update, or revise these Terms at any time in its sole discretion by posting the revised Terms on the Website, providing notice via email to the address associated with Customer's account, or other reasonable means of notification. The "Effective Date" at the top of these Terms will be updated accordingly. Continued use, retention, or purchase of the Product after the posting of revised Terms constitutes Customer's acceptance of the revised Terms. It is Customer's responsibility to review these Terms periodically. Amendments apply prospectively only and do not affect transactions completed prior to the effective date of the amendment.

12.12 Contact Information

For questions, concerns, warranty claims, or return requests, contact Hawken at:

HAWKEN COMPONENTS

Hawken Components, LLC
3495 Lakeside Drive, #232,
Reno, NV 89509
info@hawkencomponents.com

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