Please carefully read the following Terms of Use before using the website with the URL of: http://www.huddlesonlinens.com (this “Site”). By accessing this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. This Site is operated by Huddleson Linens, Inc. (“Huddleson”), a California corporation. Throughout the Site, the terms “we”, “us” and “our” refer to Huddleson. Huddleson offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your continued use of this Site constitutes your agreement to these Terms of Use.
PLEASE READ THESE TERMS OF USE VERY CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL REMEDIES, RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS EXCLUSIONS AND LIMITATIONS, AS WELL AS A DISPUTE RESOLUTION CLAUSE THAT GOVERNS THE MANNER OF DISPUTE RESOLUTION.
Accuracy and Timeliness of Information on this Site
Huddleson uses its reasonable commercial efforts to ensure accurate and updated information on this Site, as well as the access to such information. However, we are not responsible if information appearing on this Site is not entirely accurate, complete or current. We reserve the right to modify the content of this Site at any time, and we have no obligation to update any information on the Site. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making purchasing decisions without consulting primary, more accurate, more complete or more timely sources of information.
Huddleson declines any and all responsibility for the following:
any interruption of the Site;
any bugs which may arise;
any inaccuracy or omission in connection with the information available on the Site;
any damages resulting from a third party’s wrongful intrusion of the Site;
any direct or indirect or consequential damages, regardless of their origin or nature, including without limitation any damages arising from the online purchase of goods appearing on this Site or the impossibility of accessing the Site, or from reliance on any information of which this Site is the direct or indirect source.
Collection of Personal Information
In general, you can use this Site without giving us any information. However, additional services may be available if we have certain information about you.
We may collect the following information:
account registration information including your name, telephone number, postal address and email address;
billing information, transaction and credit card information (should you make a purchase with us); and
if you contact us, we may keep a record of that correspondence.
Information you provide to us must be true, accurate, current, and complete in all respects.
We use this information to provide you with a better service, and in particular, for the following reasons:
internal record keeping;
to improve our products and services; and
to communicate with you by email, telephone or post if you have ordered or purchased products from us, either regarding such order or purchase or other matters regarding transactions between us or your customer relationship with us.
Payment
You can shop at www.huddlesonlinens.com with confidence. We have partnered with Authorize.Net a leading payment gateway since 1996, to accept credit cards and electronic check payments safely and securely for our customers.
The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the electronic check and credit card processing networks. See an online payments diagram to see how it works.
The company adheres to strict industry standards for payment processing, including:
• 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
• Industry leading encryption hardware and software methods and security protocols to protect customer information.
• Compliance with the Payment Card Industry Data Security Standard (PCI DSS).
For additional information regarding the privacy of your sensitive cardholder data, please read the Authorize.Net Privacy Policy.
Huddlesonlinens.com is registered with the Authorize.Net Verified Merchant Seal program.We take reasonable care to make our Site secure. All credit/debit card transactions on this Site are processed using Authorize.net, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Huddleson user, your credit/debit card details are fully encrypted and only used to process card transactions which you have initiated. Huddleson does not have access to your card data.
Direct marketing
We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. Where you have consented to us doing so, we may send you such information by email. If you decide at any time that you no longer wish to receive marketing emails from us, please click on the unsubscribe link in the email.
Alternatively, the user has the right to access, modify and delete any personal information. Such right can be exercised at any time by email: info@huddlesonlinens.com
Data gathered is intended to be used exclusively by Huddleson unless we have your permission or are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply other agreements; or to protect the rights, property or safety of Huddleson, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction within the framework of the relevant data protection law.
Copyrights and Trademarks
This Site and all content on this Site (including, without limitation, text, design, images, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Huddleson and is protected by copyright, trademark and other applicable laws.
Nothing on this Site shall be construed as granting, by implication, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written authorization, except as otherwise described herein. Huddleson reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, and / or use of the Site for purposes competitive to Huddleson, is expressly prohibited.
Huddleson reserves the right to refuse or cancel any person’s registration as a user for the Site, remove any person from this Site and to prohibit any person from using this Site for any reason whatsoever. Huddleson, and its licensors or content providers, retain full and complete title in and to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Huddleson’s sole discretion. Huddleson neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with HUDDLESON.
Links
The Site may contain links to other websites. Insofar as Huddleson has not necessarily reviewed all the information appearing on such websites, and Huddleson cannot control such websites and external sources, Huddleson shall not be held liable for any access problems or the content or material on such websites.
Inclusion of links to other sites should not be viewed as an endorsement by Huddleson of the content of linked sites. Please note that different terms and conditions may apply to your use of any linked sites. Huddleson is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
If you decide to leave the Site and access the third party websites or to use or install any applications, content or software on such websites, you do so at your own risk and you should be aware that our terms of use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from such website.
In addition, Huddleson reserves the right to authorize any type of simple or deep hypertext link, and any web positioning.
Cookies
Cookies are files that store information on your hard drive or browser that allow our Site to recognize that you have visited our Site before. They make it easier for you to maintain your preferences on the Site, and by seeing how you use the Site, we can tailor the Site around your preferences and measure usability of the Site. We use cookies to:
Store a customer’s shopping cart
Track analytics
You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting “Tools/Internet Options” and reviewing your privacy settings or by selecting “delete cookies”. However please note that this may prevent you from taking full advantage of the Site. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell any products described on the Site or to make such products available in your geographic area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers. You may not purchase any item from this Site for unauthorized resale by you or any other person.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. HUDDLESON EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUDDLESON OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. HUDDLESON DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. Huddleson hereby expressly reserves the right to change any and all content, other items, and software used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HUDDLESON NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, HUDDLESON’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HUDDLESON, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER HUDDLESON NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH HUDDLESON IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND HUDDLESON AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, AND/OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Huddleson and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from such disruption. Huddleson reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Huddleson in the defense of such matter.
JURISDICTION AND APPLICABLE LAW
The laws of the State of California govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of Los Angeles for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of California and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
ARBITRATION
These Terms of Use shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms of Use before an arbitration panel. YOU AND HUDDLESON AGREE THAT, EXCEPT AS MAY OTHERWISE APPLY AND BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) no disputes or claims relating to any transactions you enter into with a third party through the Site may be arbitrated. Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (collectively, the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than one (1) year after the cause of action arose.
OTHER
These Terms of Use constitute the entire agreement between you and Huddleson regarding the use of the Site, superseding any prior agreements between you and Huddleson relating to your use of the Site. The failure of Huddleson to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.