Terms And Conditions


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Herring Cove Textile Company. The collective work includes works that are licensed to Herring Cove Textile Company. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Herring Cove Textile Company or purchasing Herring Cove Textile Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Herring Cove Textile Company or to purchase Herring Cove Textile Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Herring Cove Textile Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Warranty Disclaimer
This site is provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Herring Cove Textile Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Herring Cove Textile Company does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Herring Cove Textile Company does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. Herring Cove Textile Company’s failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Herring Cove Textile Company of any provision or any right it has to enforce these policies, nor shall any course of conduct between Herring Cove Textile Company and you or any other party be deemed to modify any provision of these policies.

Limitation of Liability
HERRING COVE TEXTILE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF HERRING COVE TEXTILE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Typographical Errors
In the event that a Herring Cove Textile Company product is mistakenly listed at an incorrect price, Herring Cove Textile Company reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Herring Cove Textile Company reserves 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, Herring Cove Textile Company shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Herring Cove Textile Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
Herring Cove Textile Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Herring Cove Textile Company. The Herring Cove Textile Company Online Store provides access to Herring Cove Textile Company international data and, therefore, may contain references or cross references to Herring Cove Textile Company products, programs and services that are not announced in your country. Such reference does not imply that Herring Cove Textile Company in your country intends to announce such products, programs or services.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Herring Cove Textile Company products) shall be in the state or federal courts located in California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Herring Cove Textile Company products) must be commenced within one (1) year after the claim or cause of action arises. Herring Cove Textile Companys failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Herring Cove Textile Company may assign its rights and duties under this Agreement to any party at any time without notice to you. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Herring Cove Textile Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. No Herring Cove Textile Company employee or agent has the authority to vary any of the Herring Cove Textile Company Online Store’s policies or the terms and conditions governing any sale.

Participation Disclaimer
Herring Cove Textile Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Herring Cove Textile Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Herring Cove Textile Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Herring Cove Textile Company in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless Herring Cove Textile Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your violation of these terms and conditions, your negligent or wrongful conduct related to your account, or you granting access to your account to any other person.

Third-Party Links
In an attempt to provide increased value to our visitors, Herring Cove Textile Company may link to sites operated by third parties. However, even if the third party is affiliated with Herring Cove Textile Company, Herring Cove Textile Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Herring Cove Textile Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Herring Cove Textile Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).