Acceptance of Terms.
Use and Restrictions.
The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws.
- resell for commercial purposes products purchased through use of the Sites;
- resell or make commercial use of the Sites or Content therein;
- modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
- collect or use any product listings or descriptions;
- use any data mining, robots, or similar data gathering and extraction methods from the Sites;
- forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites;
- use, frame or utilize framing techniques to enclose any Herschel Supply Co. trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Herschel Supply Co.'s express written consent; or
- use any meta tags or any other "hidden text" utilizing a Herschel Supply Co. name, trademark, or product name without Herschel Supply Co.'s express written consent.
All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites are proprietary to Herschel Supply Co. or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Herschel Supply Co., and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.
In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Herschel Supply Co. or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Herschel Supply Co.
The HERSCHEL SUPPLY CO., HERSCHEL SUPPLY COMPANY, HERSCHEL SUPPLY CO. LOGO Design, H.S.C.O, H.S.C.O LOGO Design, and THE HERSCHEL SUPPLY CO. BRAND marks are registered at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.
In order to purchase products or services through the use of the Sites, you can establish an account with Herschel Supply Co. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.
Terms of Sale
All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our contact page to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Herschel Supply Co.'s sole discretion so you should review the terms of sale each time you make a purchase.
You consent to receive electronic communications from Herschel Supply Co. either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.
You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.
You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the Licenses to Herschel Supply Co. set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Use racially, ethnically, or otherwise offensive language.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
- Post anything that exploits children or minors or that depicts cruelty to animals.
- Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.
- Post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian).
- Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
- Use any robot, spider, scraper or other automated means to access the Sites.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
This list of prohibitions provides examples and is not complete or exclusive. Herschel Supply Co. reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Herschel Supply Co. determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. Herschel Supply Co. may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Herschel Supply Co. discretion, Herschel Supply Co. will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.
Herschel Supply Co. takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Herschel Supply Co. is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
These prohibitions do not require Herschel Supply Co. to monitor, police or remove any Submissions or other information submitted by you or any other user.
If you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to Herschel Supply Co. all right, title and interest in and to such feedback.
Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Herschel Supply Co. reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.
You agree to defend, indemnify and hold harmless Herschel Supply Co., its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney's fees) arising out of your account, your use of the Site, and your Submissions and any Personal Rights contained therein.
Links to Third Party Websites
The Sites may contain links to websites and other resources operated by third parties other than Herschel Supply Co. Such links are provided solely as a convenience to you. Herschel Supply Co. does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
Warranties and Disclaimer
IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. HERSCHEL SUPPLY CO. THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, HERSCHEL SUPPLY CO. RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.
IN ADDITION, IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, HERSCHEL SUPPLY CO. MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, HERSCHEL SUPPLY CO. WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE. WE APOLOGIZE FOR ANY INCONVENIENCE.
Limitation of Liability
HERSCHEL SUPPLY CO. AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
Copyright and Trademark Infringements
Notification: Herschel Supply Co. respects the intellectual property rights of others, and we ask you to do the same. Herschel Supply Co. may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others.
Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Collection of Your Information
Herschel Supply Co. may collect personal information in connection with your use or purchase of Herschel Supply Co.'s products and services, which may include information provided in connection with the following activities:
- Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Herschel Supply Co.'s products and services or sign up to receive Herschel Supply Co.'s e-mail newsletters or coupons.
- Purchasing any product or service from Herschel Supply Co.
- Providing feedback or making other submissions to Herschel Supply Co.
- Requesting information or assistance from Herschel Supply Co. Herschel Supply Co. may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
- Participating or responding to consumer survey or requests for consumer's opinions, concerns, and preferences regarding Herschel Supply Co.'s products and services.
- Participating in consumer contests, sweepstakes and other promotions.
The personal information that Herschel Supply Co. may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, or in other communications to Herschel Supply Co. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Herschel Supply Co.
Like many websites, Herschel Supply Co. utilizes "cookies" to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Herschel Supply Co. with personal information.
Cookies help Herschel Supply Co. to improve the Sites and Services, and to deliver more personalized service by enabling Herschel Supply Co. to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Herschel Supply Co.'s cookies, you may follow your Internet browser's steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.
Protection of Your Information
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Herschel Supply Co. uses physical, technological and administrative procedures to protect the personal information that Herschel Supply Co. collects from loss, unauthorized access, modification, disclosure or other misuse.
Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by Herschel Supply Co., please contact: email@example.com.
Use of Your Personal information
Upon Herschel Supply Co.'s collection of your personal information, Herschel Supply Co. may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:
- To develop, enhance, market, sell or otherwise provide information, products or services
- To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Herschel Supply Coon or through the Sites
- To conduct or administer contests, sweepstakes or other promotions in which you have participated;
- To contact you and to respond to any communications that you may have had with us;
- To troubleshoot problems with the Sites and Services;
- To customize your experience or homepage on the Sites;
- To develop and manage Herschel Supply Co.'s business and operations;
- To detect and protect Herschel Supply Co. and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Herschel Supply Co.'s policies and contractual obligations;
- To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Herschel Supply Co.:As permitted by, and to comply with, any legal or regulatory requirements or provisions;
- For any other purpose to which you consent.
Personal information collected by Herschel Supply Co. may be transferred to, stored and processed in the United States, Canada, Hong Kong or Australia. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
Disclosure of Your Information
Herschel Supply Co. may disclose your personal information to its subsidiaries or affiliates and to third parties whom Herschel Supply Co. hires to provide services on Herschel Supply Co.'s behalf, including, but not limited to, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Herschel Supply Co.'s products and services. These subsidiaries, affiliates and third parties may be located overseas. Herschel Supply Co. will only provide those third parties with the personal information that they need to deliver the services to Herschel Supply Co. and/or on Herschel Supply Co.'s behalf. Herschel Supply Co. will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that Herschel Supply Co. is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Herschel Supply Co., you consent to your personal information and any other information Herschel Supply Co. may have collected being transferred to another party in connection with such transaction. You also consent to Herschel Supply Co. disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Herschel Supply Co.'s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.
Retention of Your Personal information
The personal information that you provide will be retained by Herschel Supply Co. in accordance with applicable laws. However, Herschel Supply Co. will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Herschel Supply Co. business purposes.
Herschel Supply Co. recognizes the privacy interests of children and Herschel Supply Co. encourages parents and guardians to take an active role in their children's online activities and interests. The Sites are not intended for children under the age of 18. Herschel Supply Co. does not target its services or the Sites to children under 18. Herschel Supply Co. does not knowingly collect personal information from children under the age of 18.
Choice and Opt-Out Preferences
Herschel Supply Co. does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from Herschel Supply Co. (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Herschel Supply Co. If, at any time, you prefer not to receive any other form of communication from Herschel Supply Co., you will have the ability to unsubscribe from such communications by contacting: firstname.lastname@example.org.
Access and Correction
Herschel Supply Co. will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, Herschel Supply Co. will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Herschel Supply Co. holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Herschel Supply Co. will take reasonable steps to correct the information so that it is accurate, complete and up to date.
Request for Access and Correction, Questions or Comments
Herschel Supply Co.
Attention: Privacy Officer
327 – 611 Alexander St