Effective Date: January 2014
Your use of the Sites constitutes your agreement to follow and be bound by the then-current Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, you should not use the Sites.
You may be required to register in order to access certain features of the Sites. You will choose a user name and a password through Sites’ registration processes. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. HHG cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Sites or any service, content, feature or product offered through the Sites, with or without notice; charge fees in connection with the use of the Sites; modify and/or waive any fees charged in connection with the Sites; and/or offer opportunities to some or all users of the Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites, or any service, content, feature or product offered through the Sites.
We own all of the Sites. We own or have rights to all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright and are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only and if any content has a “Pin It” button next to it, you may “pin” the content on your personal Pinterest page. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. Except as expressly provided in this agreement, you may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites. You may not use the Content or Code from the Sites for any purpose other than those set forth above. All names, logos and trademarks that appear on the Sites are our property or are used by us under license. You may not use any of the foregoing for any purpose without our prior express written permission. Your failure to comply with this Agreement will constitute breach of contract and will violate our copyright, trademark and other proprietary and intellectual property rights.
The following activities are expressly prohibited from the Sites:
- Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
- Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
- Engaging in activity that compromises the Sites. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
- Engaging in any activity designed to impede the use of the Sites by other users, including overloading and flooding.
- Framing or deep linking into the Sites.
- Accessing the Sites by means of automated process, spiders, bots or similar device.
No Unlawful or Prohibited Use
As a condition of your use of the Sites, you warrant to HHG that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
User Suspension and/or Termination
HHG may cancel or terminate the user’s right to access or use any part of the Sites at any time without notice. The user agrees that a breach of any of the terms in this Agreement may result in the immediate termination of the user’s account and/or give rise to civil action against the user. The disclaimers herein and all restrictions on the user regarding information downloaded or obtained from the Sites shall survive any cancellation or termination of the user’s right to use the Sites.
Use Of Information Submitted By You
Comments, Feedback or Other Submissions
We are pleased to hear from users and welcome your comments regarding our products and services. If you provide us with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like (“Submissions”), such Submissions shall not be deemed confidential. All Submissions shall be deemed our property, and your submission of information shall constitute an assignment to us of all worldwide rights, titles and interests in the Submissions. We will not be liable for any use or disclosure of Submissions. We will not have any obligation to keep Submissions confidential and will be free to reproduce, use, disclose and distribute Submissions to others without limitation. We are and shall be under no obligation to pay compensation for any such information or to respond to any Submissions. We will be free to use any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information.
While we welcome your comments and suggestions on our products and services, we do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our products or any new products. You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.
Although we have made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and we cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued. The prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchase requests to addresses outside the United States cannot be filled. Products described in our Sites may not be available in your region within the United States. We do not claim that the information in the Sites is appropriate to your jurisdiction or that the products described in its Sites will be available for purchase in all jurisdictions.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Websites and Services
The Sites may contain links to other websites that are not under our control. We have no responsibility for the linked website nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Sites’ users.
WE OPERATE THE SITES FROM THE UNITED STATES. IT IS POSSIBLE THAT SOME SOFTWARE THAT MAY BE DOWNLOADED FROM THE SITES IS SUBJECT TO GOVERNMENT EXPORT CONTROL OR OTHER RESTRICTIONS. BY VISITING AND USING OUR SITES, YOU ACKNOWLEDGE THESE RESTRICTIONS AND AGREE THAT YOU ARE NOT SUBJECT TO THEM.
VISITORS ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO THEIR USE OF THE SITES. THE MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITES, INCLUDING BUT NOT LIMITED TO ALL EXPRESS AND IMPLIED WARRANTIES, SUCH AS WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES ARE FREE OF COMPUTER VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE DETECTED OR CORRECTED. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF THE INFORMATION DISCLOSED OR ACCESSED THROUGH THE SITES. WE DO NOT HAVE ANY DUTY TO UPDATE OUR SITES OR TO MODIFY THEIR CONTENT OR CODE, AND WE SHALL NOT BE LIABLE FOR FAILURE TO UPDATE SUCH INFORMATION. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THE SITES BEFORE RELYING UPON IT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
You agree to indemnify HHG and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Sites. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Sites or breach of this Agreement.
We reserve the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in St. Louis, MO in all disputes arising out of or relating to the use of the Sites.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HHG as a result of this Agreement or use of the Sites.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and HHG with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HHG with respect to the Sites.
HHG respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HHG’s copyright agent with the following information.
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. Description of the copyrighted work that you claim has been infringed;
c. The location of the material that you claim is infringing is located on the Sites;
d. Your address, telephone number and e-mail address;
e. A statement that your claim of infringement is based on a good faith belief; and
f. A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Effective Date: January 2014
For purposes of this policy, “Personal Information” means any information by which you can be personally identified, and includes your name, your address, your telephone number, your e-mail address and the like or as otherwise defined by applicable law. Most of our websites do not require that you submit Personal Information to us. There may be times (such as when you purchase or order a product or register to participate in contests, etc.) when we ask you to provide certain information about yourself, such as your name, shipping/billing address, telephone number, email address, credit card information, etc., and if you make a purchase, we may also maintain a record of your product purchases. In addition, our web servers may automatically recognize information regarding your domain name (or that of your access provider) and e-mail address, and we may use this data for trends and statistics, but individual users will remain anonymous, unless you voluntarily tell us who you are.
At this time, HHG reserves the right to disclose your personal information to any third-party for its marketing purposes. As such, under California Civil Code Sections 1798.80-1798.84, California residents have the right to obtain what information and to whom the information was provided by HHG in the immediately preceding calendar year.
Therefore, upon written receipt of a written or email request for such information to the designated address below, HHG shall provide a list of any disclosures of the California resident’s personal information to any third party for their direct marketing purposes within thirty (30) days of the receipt of such request. The list shall include:
- A list of categories of personal information provided to any third party; and
- The names and addresses of all of third parties that received the California resident’s personal information for the third party’s direct marketing purposes within the preceding calendar year.
Such list may be in a standardized format and not specific to any individual.
We may choose to disclose nonpublic personal information about you, the consumer, to a third-party for compensation.
Information We May Collect
We may log all connections to our web servers. Those log files will include your IP address. An IP address is NOT personally identifiable information, but general information about your location, connection to the Internet, and your Internet Service Provider. We use your IP address to help diagnose problems with our server and to administer the Sites. Additionally, we will use your IP address to track your navigation of the Sites and any internal website searches. We reserve the right use your navigation history and information related to your use of the Sites in current and future marketing efforts to you and to others.
The Sites use "cookies," which are small data files that are stored on your computer when you visit a website. Cookies enable you to shop on our websites and may be used in a variety of ways to enhance or personalize your online browsing and shopping experience.
You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. If you do not accept cookies, however, you will not be able to access your account information or make purchases on our websites.
We may also employ a software technology called clear gifs (also known as web beacons) that help us better manage content on our Sites by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. Clear gifs and cookies are not tied to the user's personally identifiable information.
Personal Information Provided on a Contact or Registration Form or Through Your On-line Purchase
Usage of Your Personal Information
In general, we use the Personal Information you provide only for internal purposes, such as: • for the specific purpose for which it was volunteered (for example, to complete a product purchase, to enter a contest, to answer an e-mail, etc.); • to improve the content, appearance and utility of our websites; • to track our visitors’ use of our websites for internal market research; and • to notify our visitors of updates to the websites or of new products or services.
From time to time, we may contract with companies or persons to provide certain services including credit card processing, shipping, data management, promotional services, etc. We may provide these providers with the information needed for them to perform these services. From time to time we might also establish a business relationship with other persons or entities that we believe trustworthy. In such cases we might rent, exchange, share and/or cross–reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. In addition, we may use third-party advertising companies to serve or track ads on our websites and other websites. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you.
In addition, we may operate sweepstakes, contests, raffles and similar promotions through our websites that may require online registration. We typically ask you for certain personally identifiable information when you enter and, if applicable, win a sweepstake, contest, raffle or similar promotion. We may share this personally identifiable information with third party sponsors of such sweepstakes, contests, raffles and promotions (irrespective of whether it is hosted by us), or otherwise in accordance with the rules applicable to such sweepstakes, contest, raffle or promotion. You should carefully review the rules of each sweepstake, contest, raffle and promotion in which you participate through our websites, as they may contain additional important information about our or a sponsor’s use of your personally identifiable information. Insofar as the terms and conditions of such rules concerning the treatment of your personally identifiable information conflict with this privacy statement, the terms and conditions of such rules shall control.
Editing, Updating, Correcting And Deleting Information About You
We want to communicate with you only if you want to hear from us. If you prefer not to receive direct marketing from us or from any third parties, or if you would like to opt out of our sharing your information with other marketers, please let us know. To edit or update your Personal Information or if you prefer not to receive information from us or any or all of our brands or any third parties, you can do so by contacting us by email or postal mail at the addresses below. Please be sure to include your email address, mailing address, full name, and specifically what information you do not want to receive.
Heritage Home Group LLC
Attn: Corporate Communications
1925 Eastchester Drive
High Point, NC 27265
We take special care to protect the safety and privacy of children. We will never knowingly request personally identifiable information online from anyone under the age of 13 without prior verifiable parental consent. Our websites are general audience websites and are not targeted to or intended for use by children.
We take precautions to protect the security of your Personal Information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot guarantee or warrant the security of any information you transmit to or from our websites, and you do so at your own risk.
Links to Third Party Sites