Throughout the Terms, the words (a) “WestPoint Home,” “we,” “us,” or “our” refers to WestPoint Home, Inc., including its subsidiaries and affiliates, and (b) “you” “your” or “user” refers to the individual using or accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Site are being used or accessed.
- LICENSE AND ACCESS
WestPoint Home grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY, and only to the extent such use does not violate these Terms, including the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms. You may download, print and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete, or change any copyright or trademark notice, or violate these Terms in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms.
- YOUR CONDUCT
You agree that you will not, and will not encourage or assist any third party, do any of the following:
(1) engage in activity that harms or disrupts the operation or performance of the Site or cause harm to others.
(2) misrepresent your identity, impersonate any person, or attempt to gain access to or illegally track any account, user, Device, system or network related to the Site;
(3) use the Site in any manner not permitted by us or otherwise inconsistent with these Terms;
(4) use the Site for any illegal purpose;
(5) use the Site to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party, unless you own or have necessary rights to such material;
(6) use the Site to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of the Site or another person’s Device or property,
(7) engage in online activities that would encourage other parties to cause damage to the Site,
(8) violate, circumvent or attempt to violate or circumvent any security measures employed by us; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Site by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
(9) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Site,
(10) alter or modify any disabling mechanism which may be included in Site,
(11) collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping;
(12) lease, rent, sell, transfer, distribute, re-license or sublicense the Site or use it or permit its use in a time-sharing arrangement,
(13) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Site.
- YOUR ACCOUNT
You may be required to register and create an account with WestPoint Home to access certain services or areas of the Site (“Account”). With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only, and you will not share your username or password with any individual or third party (other than WestPoint Home). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to WestPoint Home including those set forth in these Terms, WestPoint Home reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel any order(s).
- USER CONTENT
WestPoint Home welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow WestPoint Home to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms. You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam", or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and WestPoint Home assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to WestPoint Home a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to WestPoint Home the right to include the name provided along with the User Content submitted by you; provided, however, WestPoint Home shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use, and grant to third parties such as WestPoint Home the right to use, their name, image, voice and/or likeness without compensation to you or any other person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. WestPoint Home neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted those opinions and may not necessarily reflect the opinions of WestPoint Home.
- LIMITATIONS ON QUANTITY
WestPoint Home does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. WestPoint Home reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
WestPoint Home strives to display as accurately as possible the colors of the products shown on the Site. We cannot, however, and do not, guarantee, that your monitor’s display of any color on our Site will be accurate.
If you are not fully satisfied with your purchase of items sold by WestPoint Home, you may return it in accordance with our Shipping & Return Policy.
- AVAILABILITY, ERRORS, & INACCACURACIES
Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified, and your credit card will not be charged.
WestPoint Home’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. WestPoint Home makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. WestPoint Home reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
- MODIFICATION OF THE TERMS
We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time. Those changes will be effective when posted on the Site, or on the effective date specified in any updated Terms. You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you. We may notify you of material changes to the Terms by sending a notice to the email address associated with your account, posting a notice on the site, or by other methods that we may communicate to you. Your use of and access to the Site or any part thereof after any changes become effective will be considered your acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Site or any part thereof, and your sole recourse will be to stop using the Site.
- PRIVACY AND SECURITY
- THIRD PARTY WEBSITES
This Site may provide links to certain websites sponsored and maintained by WestPoint Home as well as those sponsored or maintained by third parties. Such third-party websites are publicly available, and WestPoint Home is providing access to those websites through this Site solely as a convenience to you. The content of third-party websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by WestPoint Home, and WestPoint Home makes no representations or warranties concerning the content of those websites. Since we do not control third-party sites, we are not responsible for any personal information you may provide while visiting those sites. We encourage you to read the terms of service, privacy policies, and other posted disclosures before using, posting, or providing any of your personal information on those sites. The fact that access to third party websites is provided does not constitute any endorsement, authorization, or sponsorship of those websites or their sponsors by WestPoint Home, nor is there any affiliation between WestPoint Home and such sponsors and such sponsors do not endorse, authorize, or sponsor this Site. Moreover, WestPoint Home is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such websites solely at your own risk and that WestPoint Home does not grant to you any rights in respect of such websites.
- OUR RIGHTS TO SUSPEND OR TERMINATE YOUR USE OF THE SITE
We may suspend or terminate your access to the Site, including any portion thereof, such as discontinuing the availability of the Site, at any time and without notice to you.
- NO WARRANTIES
THE SITE AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTPOINT HOME: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT ANY DATA YOU PROVIDE OVER THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF SITE.
Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you. In that event, those warranties are limited to the minimum warranty period permitted by applicable law.
- NO LIABILITY
WestPoint Home and its directors, officers, employees, and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of WestPoint Home, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site or for delays or omissions therein. WestPoint Home shall have no responsibility to maintain the information or services made available on this Site or to supply any corrections or updates in connection with such information or services.
IN NO EVENT WILL WESTPOINT HOME, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS SITE OR ANY INFORMATION OR LINKS ON IT, EVEN IF WESTPOINT HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in these Terms shall only apply to the extent permitted by applicable law. In no event shall WestPoint Home’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to WestPoint Home, if any, for accessing this Site.
All pricing listed on the Site is subject to agreement of applicable terms and conditions as determined by WestPoint Home in its sole discretion.
Mention of third parties and third-party products on any page of this website or otherwise in any WestPoint Home materials, advertising, or promotions is for informational purposes only, and does not constitute an endorsement or a recommendation. All third-party products, specifications and descriptions are supplied by the third party. WestPoint Home assumes no responsibility with regard to the selection, performance or use of these vendors or products. All understandings, agreements or warranties, if any, take place directly between the vendors and the prospective users.
- COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and foreign laws, rules, and regulations in connection with your access to or use of the Site.
- ELECTRONIC COMMUNICATIONS AND NOTICES
From time to time, we may need to get in touch with you regarding the Terms, the Site or other matters related to your Account. We may provide information to you by email using the email address you provided to us when you opened your Account. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Site by email, you must not use the Site. Notices emailed to you will be deemed received by you when the email is sent by us. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.
You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.
You may provide legal notices to us to the following address:
WestPoint Home, LLC
777 Third Avenue, 7th Floor
New York, NY 10017
United States of America
- GOVERNING LAW AND JURISDICTION
These terms shall be construed and enforced in accordance with the laws of the State of New York, County of New York, United States of America, without regard to any choice of law or conflict of laws principles, regardless of where you live. You further agree that United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms or agree that any action at law or in equity arising out of or relating to the Terms shall be filed and adjudicated only in the federal or state courts located in New York, New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms.
1.1. Severability. If any provision of the Terms is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms, and not affect the validity and enforceability of any remaining provisions.
1.2. Waiver. Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision.
1.3. Force Majeure. We will not be liable to you for any delay, interruption, or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, pandemics, Internet service providers, and other third parties, explosions and fires, strikes and labor disputes, supply chain disruptions, governmental decrees and other acts beyond our reasonable control.
1.4. Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.
1.5. Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.
1.6. Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
1.7. Survival. All terms and conditions of these Terms remain in full force and effect notwithstanding any termination of your use of the Site.