Terms & Conditions
Terms & Conditions
These General Terms and Conditions of Use ("Terms") are entered into by and between you and www.DownLinens.com ('DownLinens.com'). In consideration of your use of and access to this Internet site and the promises and obligations herein, and intending to be legally bound, you and DownLinens.com hereby agree as follows: Your access to and use of the DownLinens.com site is subject to these Terms, as well as any modifications issued by DownLinens.com to these Terms, and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the DownLinens.com site.
Among other things, DownLinens.com provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by DownLinens.com in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the DownLinens.com website contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Changes in Terms
DownLinens.com shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the DownLinens.com website. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the DownLinens.com website. You are responsible for reviewing (www.###WEBSITE_URL###) periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by DownLinens.com to these Terms. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than DownLinens.com shall be valid or enforceable against DownLinens.com unless expressly agreed to by DownLinens.com in a writing signed by a duly authorized officer of DownLinens.com.
These Terms are effective until terminated by DownLinens.com. DownLinens.com may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access DownLinens.com and the restrictions imposed on you with respect to the Content (as defined in Section 5 below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. DownLinens.com shall also have the right without notice and at any time to terminate the DownLinens.com website or any portion thereof, or any products or services offered through the DownLinens.com website, or to terminate any individual's right to access or use the DownLinens.com website or any portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the DownLinens.com website and your purchase of the items from DownLinens.com on the DownLinens.com website.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the DownLinens.com website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. DownLinens.com may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on DownLinens.com in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by DownLinens.com or licensed by third parties. You may view and use the Content only for your personal information and for shopping and ordering on the DownLinens.com website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, DownLinens.com does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the DownLinens.com, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by DownLinens.com, is strictly prohibited.
Linked Third Party Sites
Links to other Internet sites operated by third parties, including DownLinens.com vendors, do not constitute sponsorship, endorsement, or approval by DownLinens.com of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by DownLinens.com, and DownLinens.com is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
All prices displayed on the DownLinens.com website are quoted in U.S. dollars. DownLinens.com may restrict delivery to addresses within the United States and Canada. DownLinens.com will add shipping and handling fees and applicable sales/use tax as necessary. DownLinens.com reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the DownLinens.com website without incurring any obligation to you. Products displayed on the DownLinens.com website are available while supplies last. Descriptions of, or references to, products or services on DownLinens.com do not imply endorsement of that product or service, or constitute a warranty by DownLinens.com. The receipt by you of an order confirmation does not constitute DownLinens.com's acceptance of an order. Prior to DownLinens.com's acceptance of an order, verification of information may be required. DownLinens.com reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from DownLinens.com, for any reason. DownLinens.com reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, DownLinens.com shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DownLinens.com shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Disclaimer and Limitation of Liability as to this Site and Content
DownLinens.com MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE DownLinens.com WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. DownLinens.com ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE DownLinens.com WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT DownLinens.com OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THIS SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE DownLinens.com WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL DownLinens.com, ITS PARENT, SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE DownLinens.com OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF DownLinens.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your purchase from the DownLinens.com website. If for any reason you are not entirely pleased with a product you purchased on the DownLinens.com website, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY DownLinens.com ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2004 COMPLIANCE. ACCORDINGLY, DownLinens.com MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, DownLinens.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON DownLinens.com, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL DownLinens.com, ITS PARENT, SUBSIDIARIES & AFFILIATES OR THEIR RESPECTIVE DIRECT OFFICERS, EMPLOYEES OR AGENTS ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE DownLinens.com WEBSITE, EVEN IF DownLinens.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DownLinens.com's LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless DownLinens.com, its parent, subsidiaries & affiliates, DownLinens.com's vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of DownLinens.com. The foregoing indemnification obligation shall survive termination of these Terms and DownLinens.com and any product or service provided to you arising out of or relating to your use of DownLinens.com.
Law and Forum
These Terms are governed by the laws of the State of Georgia except for its choice of law provisions. User acknowledges that any dispute arising out of these Terms shall be brought in the federal or state courts of Georgia.
Certain trademarks, trade names, service marks and logos used or displayed on this website are registered and unregistered trademarks, trade names and service marks of their respective owners, including DownLinens.com and its affiliates. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of DownLinens.com or such third party owner.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that DownLinens.com may have at law or in equity, if DownLinens.com reasonably determines that you have violated or are likely to violate the foregoing prohibitions, DownLinens.com may take any action reasonably deemed necessary to cure or prevent the violation, including without limitation, the immediate removal from this website of the related materials. DownLinens.com will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing DownLinens.com to disclose the identity of anyone posting such materials.
GENERAL CONTESTING RULES
Down Linens., its subsidiaries and affiliated companies (together, the “Company”), will conduct its contests substantially as described in these general contesting rules, and by participating, each participant agrees as follows:
- Prize(s). The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize. All prizes must be redeemed from 20 business days of the contest end date unless otherwise stated in the contest’s official rules. If a winner cannot be contacted or is disqualified for any reason, the Company reserves the right to determine an alternate winner or not to award that winner’s prize, in its sole discretion.
- Eligibility and Limitations. Only one (1) prize per household for the Contest for any thirty (30) day period. If the contest involves participation by voting for a contest participant then the voting is limited to one vote per person. If a contestant receives multiple and/or irregular votes from the same user or users, regardless of the source, the Company reserves the right to disqualify the contestant in its sole discretion. Employees of the Company, the Contest’s participating sponsors and their advertising agencies, employees of radio or television stations, and members of the immediate family of any such persons are not eligible to participate and win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
- Voting Contests. By participating in the voting portion of any contest, each voting participant agrees to be bound by the official contest rules. Voting is limited to one vote per verified Facebook/email address. If an entrant receives multiple and/or irregular votes or multiple votes from the same user or users, including but not limited to, votes generated by a robotic, programmed, script, macro, other automated means or other source, the Company reserves the right to disqualify the entrant in its sole discretion. If the contest includes the use of an internet tool and the internet voting process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, the Company reserves the right to use another means to determine the winner(s), i.e. random selection or appointing a panel of judges. All decisions of the judges are final.
- Publicity; Use of Personal Information. By participating, where allowed by law, all participants and winner(s) grant the Company exclusive permission to use their names and the materials they submitted in connection with promotion of this and other contests and waive any claims to royalty, right, or remuneration for such use. such information for marketing and other purposes.
- Consumer Created Content. If the entry for the contest includes any creative material from the participant, including but not limited to, consumer created content, by submitting your entry: (1) you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the company or contest sponsors under any fiduciary or other obligation, that the company is free to disclose the ideas on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you; (2) you acknowledge that, by acceptance of your submission, the company and contest sponsors do not waive any rights to use similar or related ideas previously known to sponsor, or developed by their employees, or obtained from sources other than you; (3) you are verifying that you are the owner and producer of the submitted material and that no third party ownership rights exist to any material submitted, and (4) you are hereby granting the company a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose.
- Taxes. Any valuation of the prize(s) stated above is based on available information provided to the Company, and the value of any prize awarded to a winner may be reported for tax purposes as required by law. Each winner is solely responsible for reporting and paying any and all applicable taxes related to the prize(s) and paying any expenses associated with any prize.
- Conduct and Decisions. By participating in the Contest, participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the Contest, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the Contest is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Contest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.