Terms of service
TERMS OF USE
The www.westpointhome.com website (the “Site”) is owned and operated by WestPoint Home, LLC (“WestPoint Home,” “we,” “our,” or “us”).
Welcome to the Site. WestPoint Home provides the Site and related services to you subject to the following Terms of Use (the “Terms”). By accessing, browsing, or using the Site, including purchasing products through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, please do not use the Site.
WestPoint Home reserves the right to modify, update, or revise these Terms at any time without prior notice. Any changes will become effective immediately upon posting to the Site. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.
USE OF THE SITE
The Site is intended for personal, non-commercial use by customers located within the United States. By using the Site, you represent and warrant that you are at least the age of majority in your state or jurisdiction of residence or are using the Site under the supervision of a parent or legal guardian.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You may not use the Site:
- In violation of any applicable law or regulation
- To engage in fraudulent, abusive, or harmful conduct
- To interfere with the operation or security of the Site
- To attempt unauthorized access to accounts, systems, or networks
- To reproduce, distribute, scrape, copy, or commercially exploit Site content without prior written permission
WestPoint Home reserves the right to refuse service, terminate accounts, cancel orders, or restrict access to the Site at its sole discretion.
PRODUCT INFORMATION & AVAILABILITY
WestPoint Home makes reasonable efforts to ensure that product descriptions, pricing, images, and other information on the Site are accurate and current. However, we do not guarantee that all content on the Site is complete, accurate, reliable, or error-free.
Product colors and images displayed on the Site may vary depending on your monitor, device settings, and viewing conditions.
All products are subject to availability. In the event an item becomes unavailable after an order is placed, WestPoint Home reserves the right to cancel or limit quantities of any order. If your order cannot be fulfilled, you will be notified and any authorized payment will be refunded or voided in accordance with applicable law.
WestPoint Home reserves the right to limit quantities purchased, refuse orders, discontinue products, or change pricing and product information at any time without notice.
PRICING & PAYMENT
All prices displayed on the Site are listed in U.S. dollars and are subject to change without notice.
Applicable sales tax, shipping charges, and handling fees will be added during checkout where required.
By submitting payment information, you represent and warrant that you are authorized to use the designated payment method. WestPoint Home reserves the right to refuse or cancel any transaction suspected of fraud, unauthorized activity, or violation of these Terms.
INTELLECTUAL PROPERTY
All content available on the Site, including but not limited to text, graphics, logos, images, videos, product designs, trademarks, service marks, icons, software, and other materials, is the property of WestPoint Home or its licensors and is protected by applicable intellectual property laws.
No content from the Site may be copied, reproduced, modified, republished, uploaded, transmitted, distributed, or otherwise exploited without the prior written consent of WestPoint Home.
Unauthorized use of Site content may violate copyright, trademark, and other laws.
USER CONTENT & COMMUNICATIONS
If you submit reviews, comments, suggestions, photographs, testimonials, or other materials to WestPoint Home through the Site or social media channels, you grant WestPoint Home a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, publish, modify, distribute, and display such content in any media.
You agree not to submit unlawful, defamatory, obscene, infringing, misleading, or otherwise inappropriate content.
WestPoint Home reserves the right, but not the obligation, to remove or edit user-submitted content at its sole discretion.
THIRD-PARTY LINKS
The Site may contain links to third-party websites or services for your convenience. WestPoint Home does not control and is not responsible for the content, policies, practices, or security of third-party websites.
Access to third-party websites is at your own risk.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, WESTPOINT HOME DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WestPoint Home does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTPOINT HOME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS THROUGH THE SITE.
IN NO EVENT SHALL WESTPOINT HOME’S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR TRANSACTION GIVING RISE TO THE CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless WestPoint Home, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, or expenses arising out of your violation of these Terms or misuse of the Site.
PRIVACY
Your use of the Site is also governed by the WestPoint Home Privacy Policy, which is incorporated into these Terms by reference.
GOVERNING LAW
These Terms and any disputes arising from your use of the Site shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in New York, New York.
TERMINATION
WestPoint Home reserves the right to terminate or suspend access to the Site, without notice, for conduct that WestPoint Home believes violates these Terms or is otherwise harmful to other users, WestPoint Home, or third parties.
CONTACT INFORMATION
Any questions regarding these Terms of Use may be directed to:
WestPoint Home, LLC
Attn: eCommerce Department
777 Third Ave, 7th Floor
New York, NY 10017
contactus@wphome.com