Terms of ServiceThese Terms of Service or last updated on August 1, 2012 .
Welcome to the web site (the “Site”) of Halsbrook, Inc. (“Halsbrook”, “we”, “us” and/or “our”). This Site is operated by Halsbrook and has been created to provide information about our company and to provide quality fashion retail products and services (together with the Site, the “Halsbrook Services”) to our Site visitors (“you”, “your”), subject to the following Terms of Service (“Terms”).
These Terms govern your access to and use of the Halsbrook Services, so please read them carefully before using the Halsbrook Services. As our business grows and we add new content and functionality to the Halsbrook Services, we may revise these Terms periodically. If we do, we will post the changes here. Your continued use of the Halsbrook Services after any changes are posted constitutes your acceptance of the new Terms.
- The Service
- Conditions of Use
- Purchase and Pricing
- Returns and Exchanges
- Shipping and Delivery
- Intellectual Property Rights
- Third Party Links and Content
- Disclaimer of Warranties
- Limitation of Liability
- General Legal Terms
- Your Privacy
Your Use of the Halsbrook Services:
In order to access or use certain parts of the Halsbrook Services, you may be required to provide current, accurate, identification, contact and other information. You are responsible for maintaining the accuracy and completeness of this information and also for maintaining the confidentiality of any username and password. If any of this information should change, please notify us to correct it. You will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your username or password so please notify Halsbrook immediately of any unauthorized use of your account or any other breach of security.
Modifications to Service and Data:
The Halsbrook Services may change over time as we add more features. We may modify, suspend or discontinue, temporarily or permanently, the Halsbrook Services, in full or in part. Halsbrook reserves the right to terminate accounts.
You must be 13 years of age to use the Halsbrook Services, with or without registering. If you are under 18 years old, you may use the Halsbrook Services, with or without registering, only with the approval of your parent or guardian.
You are solely responsible for all information, data, text, images, messages or other materials (“content”) that you provide to Halsbrook, post or display (“post”) or email or otherwise transmit or use via the Halsbrook Services. You agree to not use the Halsbrook Services to provide, post, email or otherwise transmit any content that is unlawful, inaccurate, threatening, unsolicited “junk mail” or spam, contains software viruses or, in the sole judgment of Halsbrook, restricts or inhibits any other person from using or enjoying the Service, or which may expose Halsbrook or its users to any harm or liability of any type. You also agree to provide accurate, up-to-date information.
In order to purchase products or use certain other of the Halsbrook Services you may be required to provide certain personal details, such as your real name, date of birth, phone number, email address and billing information. You represent and warrant that this information is both valid and correct and you confirm that you are the person referred to in the billing information provided.
Prices shown on the Site are in US dollars and are exclusive of taxes and shipping charges. At checkout, sales tax and shipping charges may be applied. Prices may change from time to time and are valid as of the time of purchase.
Payment can be made by Visa, MasterCard, American Express and any other payment methods which may be clearly advertised on the Site from time to time.
Acceptance of Order:
All orders are subject to acceptance and availability. Items in your shopping cart are not reserved and may be purchased by other customers. After you place an order we will send you an email confirming receipt of your order. This email is for your reference and is not an acceptance of your order. Acceptance of your order will be perfected upon shipping of the order to you. We reserve the right not to accept your order for any reason, including, without limitation, if we do not obtain authorization for payment, the item is out of stock or you do not meet the eligibility criteria. If we do not accept your order we will not charge you for the item or any taxes or shipping charges, or refund you if already charged. We may refuse to process a transaction for any reason at our sole discretion.
Only one discount or promotion code may be used during any one purchase transaction; promotion codes may not be used in conjunction with other promotion codes or offers. Unless otherwise specified, promotions, discounts and offers do not apply to shipping fees or taxes. Promotion codes must be redeemed by their published deadline, if any.
Pleae find our return and exchange policy here.
Halsbrook provides free ground shipping within the continental US. Addition costs may apply for Alaska and Hawaii. Halsbrook does not ship internationally at this time. Halsbrook will do its best to meet "Rush" delivery windows, but cannot always guarantee a 1-3 day delivery window.
Service Content and Trademarks:
The Halsbrook Services may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Halsbrook, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Halsbrook Services or the Service Content, in whole or in part. If you are eligible to use the Halsbrook Services, you are granted a limited license to access and use the Halsbrook Services and the Service Content. You are not permitted to use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Halsbrook Services or the Service Content other than as authorized by these Terms is strictly prohibited and will terminate the license granted here. We reserve all right, title and interest in and to the Service Content, except for the limited rights expressly granted in these Terms. Halsbrook does not warrant that the Service Content will be error-free.
The Halsbrook name and logo are trademarks and service marks of Halsbrook (collectively the “Halsbrook Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Halsbrook. You may not use any of Halsbrook Trademarks without our prior written permission.
Third Party Material:
Halsbrook will not be liable for any content posted by third parties or at the direction of users; you must evaluate the accuracy and usefulness of this content. Halsbrook and its designees will have the right (but not the obligation) to refuse or remove any content that is available via the Halsbrook Services, including the right to remove any content that violates the Terms or is deemed by Halsbrook to be objectionable.
User Content Posted on the Site:
You are solely responsible for the content and other materials you post on or through the Service or the Site (collectively, “User Content”). You may not post any content that you did not create or that you do not own. By posting User Content you hereby grant and will grant Halsbrook and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicenseable, perpetual, irrevocable license to copy, display, transmit, distribute, store, modify and otherwise use your User Content in connection with the operation, advertising or marketing of the Halsbrook Services, in any form now known or later developed.
We welcome your comments, questions, suggestions and feedback about the Site or the Halsbrook Services (“Submissions”)! But be aware that any comments or suggestions you make to Halsbrook are non-confidential and become the property of Halsbrook, which will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Halsbrook respects the intellectual property of others, and we ask our users to do the same. Halsbrook will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Halsbrook’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent Halsbrook, Inc. 304 Hudson Street, 6th Floor Email: firstname.lastname@example.org Telephone: 646-684-4498
Repeat Infringer Policy:
In accordance with the DMCA and other applicable law, Halsbrook has adopted a policy of terminating, in appropriate circumstances and at Halsbrook’ sole discretion, users who are deemed to be repeat infringers. Halsbrook may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Halsbrook Services may provide, or third parties may provide, links or otherwise direct users to other sites and resources on the Internet. Halsbrook has no control over such sites and resources and Halsbrook is not responsible for and does not endorse such sites and resources. Halsbrook will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through such site or resource.
The Site may contain product descriptions or measurements provided to Halsbrook by the designer or manufacturer. As we cannot always check the accuracy of these descriptions, we cannot accept responsibility for any inaccuracies provided to us by these third parties.
By using the Service you agree to release, discharge and hold harmless Halsbrook and its subsidiaries and affiliates (the “Halsbrook Entities”) from any and all losses, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to the Halsbrook Services or any act or omission by any person, including without limitation, any dispute between you and any other person or regarding any content posted on the Site. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes, without limitation, any claim resulting from delay and the criminal acts of others.
You agree to indemnify and hold Halsbrook and the Halsbrook Entities harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to the Services, including without limitation, any content posted to or transmitted through the Halsbrook Services, or publicly distributed on the web, your use of the Halsbrook Services, your connection to the Halsbrook Services, your violation of the Terms or your violation of any rights of another.
YOUR USE OF THE HALSBROOK SERVICES IS AT YOUR SOLE RISK. THE HALSBROOK SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HALSBROOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HALSBROOK AND THE HALSBROOK ENTITIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HALSBROOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR INABILITY TO USE THE HALSBROOK SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE HALSBROOK SERVICES. IN NO EVENT WILL HALSBROOK’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE HALSBROOK SERVICES.
You agree that Halsbrook, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Halsbrook Services and remove and discard any content within the Halsbrook Services, for any reason. If we suspect fraudulent, abusive or illegal activity, we may refer information, content or accounts to law enforcement authorities. Halsbrook will not be liable to you or any third-party for any termination of your access to the Halsbrook Services.
General Legal Terms
The Terms constitute the entire agreement between you and Halsbrook and govern your use of the Halsbrook Services, superseding any prior agreements between you and Halsbrook with respect to the Halsbrook Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Halsbrook agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County, New York. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.