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This Privacy Policy
describes the personally identifiable information that Half Sale Price Furnishings Plus
("we") collects through our website located at www.HalfSale PriceFurnishingsPlus.com
(the "Site") and how we use that information. Please note that
this Privacy Policy applies solely to our online information-gathering
and dissemination practices in connection with the Site, and does not
apply to any of our practices conducted offline. If you have any questions
or comments about this Privacy Policy or our practices regarding your
personally identifiable information, please contact us via e-mail or by
phone 1-415-252-1647.
Information Collection and Use
Half Sale Price Furnishings Plus is committed to ensuring the privacy of its
customers. We will not collect, share or sell any information other than
as explained in this statement.
During registration, users are asked to give their contact information
(such as name and email address). We may use this information to contact
you regarding your order. A user's billing and shipping information is
not requested during registration. Users may update their billing information
through their account profile and billing information will automatically
be saved to the profile upon checkout. Shipping information can be entered
by registered users using their Address Book (within My Account) or can
be saved to their address book during checkout. Users may update their
contact and other personal information through the My Account feature.
Unless you ask us not to do so (by unchecking the designated box during
registration, or opting out later as explained below), we may use the
information collected to send you, from time to time, additional promotional
materials.
We also request information on the order form when you are placing an
order on our Site. Here we ask for contact information (like name and
shipping address) and financial information (credit card number and expiration
date). The information is used for billing purposes and to fill customers'
orders. If we have trouble processing your order, this contact information
is used to get in touch with you.
We contract with a company that works on our behalf to analyze certain
personal and non-personal information. This service allows us to better
provide our product or services to you. The company with which we contract
does not have any right to use the information we provide to them beyond
what is necessary to assist us.
We maintain business partnerships with other persons or companies whom
we have deemed to be trustworthy and responsible and whose privacy policies
are aligned with ours. In some instances we may share and cross-reference
information, including personal information about you and/or your order,
that will allow such persons or companies to contact you regarding products
and/or services that may be of interest to you.
We do not send our own marketing information to an individual customer
who has not explicitly elected to receive marketing contact. We do not
share our marketing contact elected customer's information to carefully
selected third party marketing partners for third-party direct marketing
purposes. Once we have received and processed an unsubscribe/opt-out request
from an individual customer all marketing contact from Half Sale Price Furnishings Plus
and all marketing partners will cease. You may submit this type of opt-out
request by e-mail with the word "Remove" in the subject line.
Please allow up to two weeks for your request to be processed.
Cookies
A cookie is a piece of data stored on the user's hard drive containing
information about the user. Half Sale Price Furnishings Plus only uses a cookie to
store your email address so that we can auto-detect a returning user to
the Site. Cookies are not used to let users auto-login. Once the user
closes their browser, the cookie simply terminates. For instance, by setting
a cookie on our Site, the user would not have to log in with a password
more than once, thereby saving time while on our Site. If a user rejects
the cookie, the only drawback to this is that the user will be limited
in certain non-secure areas of our Site. Cookies also enable us to track
and target the interests of our users to enhance the experience on our
Site. We use IP addresses to track only aggregate information regarding
Site traffic. We do not collect any personal information via a user's
IP address.
Security
We guarantee shopping at HalfSale PriceFurnishingsPlus.com is safe. We employ SSL
(Secure Socket Layer) encryption to ensure the security of your information.
If, by chance, unauthorized charges are made to your card as a result
of shopping with us, you pay nothing.
Terms & Conditions - Legal Information
Address
This Site is expressly owned and operated by Half Sale Price Furnishings Plus.
The address for Half Sale Price Furnishings Plus is 1600 Market Street, San
Francisco, CA 94102, 415.252.1647.
Site Content
Unless otherwise noted, all design and content featured on HalfSale PriceFurnishingsPlus.com
including URL.s, navigational buttons and images, artwork, graphics, photography,
text, and the like are copyrights, trademarks, trade dress, and/or intellectual
property that are owned, controlled, or licensed by Half Sale Price Furnishings Plus.
This Site in its entirety is protected by copyright and applicable trade
dress. All worldwide rights, titles, and interests are reserved. The contents
of our Site and the Site as a whole are intended solely for your personal,
noncommercial use. Any use of our Site and its content for purposes other
than personal and noncommercial is prohibited without the prior written
permission of Half Sale Price Furnishings Plus. You may not reproduce, publish, display,
modify, sell, or distribute any of the materials from the Site. You may,
however, download or electronically copy and print any of the page contents
displayed on the Site, but please remember that these are available for
your personal, noncommercial use only. Should you choose to download,
copy, or forward any Site materials via email, no right, title, or interest
in those materials will be transferred to you.
Further Legal notices, such as Privacy Policy and Code of Business Conduct
may be found in our Company Information section.
Agreement
Our internet pages are merely an invitation for you to make us an offer
to buy the items described on these pages. When you submit an order it
constitutes an offer for us, which we accept only by shipping the item(s)
ordered. Internet orders generate an automatic order confirmation e-mail.
These automatic order confirmation e-mails do not constitute our acceptance
of the offer, and are subject to correction prior to shipment due to inaccuracies,
errors, product discontinuation or unavailability, or any other reason.
Inaccuracies
We endeavor to present the most recent, most accurate, and most reliable
information on our Site at all times. However, there may be occasions
when some of the information featured on HalfSale PriceFurnishingsPlus.com may contain
incomplete data, typographical errors, or inaccuracies. Any errors are
wholly unintentional and we apologize if erroneous information is reflected
in merchandise Sale Price or item availability, or in any way affects your
individual order. Please be aware that we present our content 'as is'
and Half Sale Price Furnishings Plus makes no claims to its accuracy, either expressed
or implied. We reserve the right to amend errors or to update product
information at any time without prior notice.
In the event a Half Sale Price Furnishings Plus product is listed at an incorrect
Sale Price due to photographical error, typographical error or error in pricing
information received from our suppliers, Half Sale Price Furnishings Plus shall have
the right to refuse or cancel any orders placed for products listed at
the incorrect Sale Price. Half Sale Price Furnishings Plus shall have the right to refuse
or cancel any such orders whether or not 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 cancelled, Half Sale Price Furnishings Plus shall
issue a credit to your credit card account in the amount of the incorrect
Sale Price.
Availability
At HalfSale PriceFurnishingsPlus.com, we go out of our way to select the kind of
distinctive merchandise for which the Half Sale Price Furnishings Plus name is recognized.
Please understand that many of our featured items are selected in limited
quantities and, because of their limited availability, their stock will
not and cannot be replenished. That means once an item is gone, it may
be gone for good and not appear on the Site again. When an item featured
on HalfSale PriceFurnishingsPlus.com is no longer in stock, we make every attempt
to remove that item from the Site in a timely manner. Should you have
any questions concerning the availability of a particular item, please
contact us. NOTE: THIS SITE USES POP-UP WINDOWS TO CONVEY PERTINENT INFORMATION
SUCH AS BACKORDERS AND SHIPPING DEADLINES.
Product Information
The Half Sale Price Furnishings Plus products displayed on the Site are available
in certain Half Sale Price Furnishings Plus stores in the United States and Canada.
The Sale Prices displayed on the Site, however, are quoted in U.S. Dollars
and are valid and effective only in the United States and Canada. Keep
in mind, HalfSale PriceFurnishingsPlus.com does not carry every item that you would
find in our affiliate stores.
Pricing
Most Half Sale Price Furnishings Plus products displayed at the Site are available
in select Half Sale Price Furnishings Plus stores in the United States while supplies
last. In some cases, merchandise displayed for sale on the Site may not
be available in any or all Half Sale Price Furnishings Plus stores. Half Sale Price Furnishings Plus
stores may also have different Sale Prices or promotional events at different
times. Sale Sale Prices on the Site are internet-only specials and do not reflect
the pricing of Half Sale Price Furnishings Plus stores or catalog.
Colors
We have made every effort to display as accurately as possible the colors
of our products that appear at the Site. However, as the actual colors
you see will depend on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
Correspondence
Although we will make every effort to respond within one business day
to applicable email messages, Half Sale Price Furnishings Plus is under no obligation
to respond to all pieces of correspondence received through this Site,
or to maintain your submitted comments in confidence, or to pay compensation
of any kind for your comments or submissions. While we welcome your comments
and feedback regarding HalfSale PriceFurnishingsPlus.com, our merchandise and our
services, we do not wish to receive any confidential or proprietary ideas,
suggestions, materials, or information. Please note that all of your comments,
feedback, ideas, suggestions, and other submissions that are disclosed
or submitted to our company shall become and remain the property of Restoration
Hardware. To the extent that ownership of such submissions does not vest
with Half Sale Price Furnishings Plus, you grant Half Sale Price Furnishings Plus a worldwide,
non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable right
to exploit, in any way, commercially or otherwise, such submissions, with
the right to sublicense. Any disclosure or submission by you is a declaration
of the full release of all proprietary claims and/or intellectual rights
regarding your submission, and you represent and warrant that any use
by Half Sale Price Furnishings Plus of such information or idea will not violate any
intellectual property, proprietary, contract or other right of any third
party. However, we will not use your name in connection with any such
materials, information, suggestions, ideas or comments unless we first
obtain your permission or otherwise are required by law to do so.
Indemnification
You agree to indemnify, defend, and hold harmless Half Sale Price Furnishings Plus,
its officers, directors, employees, agents, affiliates, licensors and
suppliers (collectively the "Service Providers") from and against
all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from (1) any violation of these terms and conditions,
(2) any allegation that any information or material submitted by you to
Half Sale Price Furnishings Plus violates any intellectual property, proprietary,
contract, or other right of any third party, or (3) any activity related
to your account (including negligent or wrongful conduct) by you or any
other person accessing the Site using your account.
Disclaimer
Given the unpredictability of technology and the online environment, Restoration
Hardware does not warrant that the function or operation of this Site
will be uninterrupted or error-free, that defects will be corrected, or
that this Site or the server that makes it available will be free of viruses
or other harmful elements. As a visitor to, and user of, this Site, you
must assume full responsibility for any costs associated with servicing
of equipment used in connection with use of our Site. As a visitor to,
and a user of, this Site, you, in effect, agree that your access will
be subject to the terms and conditions set forth in this legal notice
and that access is undertaken at your own risk. THE SITE AND THE MATERIALS
ON THE SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, Half Sale Price Furnishings Plus AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE
OF TRADE.
Limitation of Liability
NEITHER Half Sale Price Furnishings Plus NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE
SITE AND/OR MATERIALS CONTAINED ON THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE AND/OR MATERIALS IS TO STOP USING THE SITE AND/OR MATERIALS.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply
to you.
Exclusive Remedy
THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Half Sale Price Furnishings Plus FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, RELATED IN ANY WAY TO YOUR
ACCESS OF THE THIS WEBSITE SHALL BE $100.
Termination
We reserve the right to immediately terminate this agreement, and/or your
access to and use of the Site or any portion thereof, at any time and
for any reason, with or without cause. Half Sale Price Furnishings Plus shall have
no liability for termination of this agreement. Upon termination of this
agreement, your right to use the Site shall immediately cease.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254
or 1-800-952-5210.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws
of the State of California, United States of America, without regards
to its principles of conflicts of law. You agree to submit to the exclusive
jurisdiction of any State or Federal court located in the County of San
Francisco, United States of America, and waive any jurisdictional, venue
or inconvenient forum objections to such courts. If any provision of this
Agreement is found to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between us relating to the subject matter
herein and supersedes any and all prior or contemporaneous written or
oral Agreements between us with respect to such subject matter. This Agreement
is not assignable, transferable or sublicenseable by you except with Company's
prior written consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption or section title contained in
this agreement is inserted only as a matter of convenience and in no way
defines or explains any section or provision hereof. |
