Terms and Conditions
HALSTON (“we”) operates the Website located at www.HALSTON.com (the “Website”). We recognize that you care how information about you is used and shared. We have created this Privacy Policy to inform you of our information collection, use and sharing practices for this Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regards to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
ACCURACY OF INFORMATION
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. We will correct any pricing errors on the Website as and when discovered. The Website contains a large number of products and services and it is always possible that, despite our best efforts, some of the products or services listed on the Website may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where the correct price is less than our stated price; we will charge the lower amount when shipping the products to you. If the correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the product, or reject your order and notify you of such rejection. We shall not provide the products to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
PLACING AN ORDER; ACCEPTANCE
Please follow the instructions on the Website to place you orders. Your order constitutes an offer to us to buy the products and services. After receiving an order, we will send you an e-mail acknowledging that we have received your order (“Order Confirmation”). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will be formed only when you receive the Shipping Confirmation. The contract will relate only to those products and services whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products or services which may have been part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We may also require verification of information prior to the acceptance and/or shipment of any order.
USE OF THIS WEBSITE
The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website, including but not limited to text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages, are either the property of, or used with permission by, Group JS International (“Halston”) and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
TRADEMARKS AND COPYRIGHTS
Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without our written permission or the written permission of such third party owner.
The Website contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound. This Website is protected by U.S. copyright laws, international conventions, and other copyright laws. Symphony Commerce and third party content providers also own (or have the right to use) copyrights in the content original to them.
LINKING TO THIS WEBSITE
Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
THIRD PARTY LINKS
From time to time, this Website may contain links to Websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Website, or any content, materials or other information located or accessible from such Websites, or the results that you may obtain from using such Websites. If you decide to access any other Website linked to or from this Website, you do so entirely at your own risk.
SWEEPSTAKES AND CONTESTS
From time to time, we may offer and/or co-sponsor contests, sweepstakes, and games on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion.
SUBMISSIONS; SITE CONDUCT
From time to time, you may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Website.
By posting, transmitting or sending us any material or content, you agree to grant to us an irrevocable, royalty-free, perpetual, sub-licensable, assignable, non-exclusive right and license throughout the world to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, digitally perform, publicly perform and display the material or content and/or incorporate the material or content in other works in any form, media or technology now known or later developed, for any purpose whatsoever, commercial or otherwise, without either (i) compensation to you or (ii) your prior approval.
By submitting or sending content or material to the Website you also represent and warrant that (i) the content and material is original to you, (ii) no other party has any rights to the content or material, (iii) the content and material is not subject to any obligation of confidentiality, attribution or otherwise and that we shall not be liable for any use or disclosure of the content or material and (iv) any so-called "moral rights" associated with the content or material have been waived.
You may not post or transmit or send to us any material or content that (i) violates or infringes in any way upon the rights of others or which is otherwise unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, obscene, bigoted or hateful; (ii) contains viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; (iii) is or could be construed to be spam mail or any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. In addition, you may not engage in any activity on the Website that restricts or inhibits any other user from using or enjoying the Website by means of "hacking," "cracking," "spoofing," or defacing any portion of the Website.
We shall have the right in our sole discretion to edit, refuse to post or to remove any material submitted to or posted on the Website that we find to be in violation of these terms and conditions or that we otherwise find objectionable or inappropriate for any reason in our sole discretion.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Website.
COPYRIGHT POLICY
If you believe that your rights under intellectual property laws are being violated by any content or materials posted on or transmitted through the Website, or any products advertised on the Website (“Website Content”), please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to comply with the Digital Millennium Copyright Act (“DMCA”), by disabling access to infringing materials, and terminating access of repeat infringers to the Website.
COPYRIGHT NOTICE. Copyright owners or any agents thereof who believe that any Website Content infringes upon their copyrights may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing ( see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
vii. Such written notice should be sent to our designated agent as follows:
HALSTON Online Store
Attn: DMCA Agent
1201 W 5th Street, T-1100
Los Angeles, CA 90017
USA
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
COUNTER-NOTIFICATION. If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
i. A physical or electronic signature of the subscriber.
ii. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
iii. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
GIFT CERTIFICATES
Gift certificates can only be redeemed via purchases made on the Website, and are not redeemable for cash. Any unused balance will be placed in the recipient’s gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
USER INFORMATION
Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
OWNERSHIP OF CUSTOMER DATA
If Halston (Group JS International ) its parent company or any of its subsidiaries is sold to or otherwise acquired by a third party, all Halston data assets will become the property of the acquiring party. Such a party will be subject to any consent(s), opt-outs or other customer conditions on data. A change in data ownership may or may not include a notice on the primary online sites of Halston or affected subsidiary sites.
DISCLAIMERS
BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ITS CONTENT AND THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH IT, ARE PROVIDED "AS IS" WITH ANY AND ALL FAULTS, AND. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY OR NONINFRINGEMENT, OR IMPLIED WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR COMMUNICATION WITH US. THE INTERNET IS AN UNPREDICTABLE MEDIUM AND PROBLEMS FREQUENTLY OCCUR. WE DO NOT WARRANT THAT THE SITE’S OPERATIONS OR CONTENT WILL BE UNINTERRUPTED, SECURE OR FREE OF ERROR. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR EQUIPMENT, OR LOSS OF DATA ARISING FROM YOUR USE OF THE SITE, INCLUDING THE DOWNLOAD OF MATERIALS FROM THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE, AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND UNDERSTAND AND ASSUME THE RISKS OF SENDING INFORMATION VIA AND CONDUCTING TRANSACTIONS OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT HALSTON AND/OR ITS SUBSIDIARIES, AFFILIATES, LICENSEES OR THIRD PARTY CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO THE SITE AND YOUR USE OF THE SITE, YOUR USE OF A SITE LINKED TO FROM THE SITE, THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITE (EXCEPT AS PROVIDED IN OUR RETURN POLICY), THE UNAUTHORIZED ACCESS TO, LOSS OF OR USE OF DATA, ANY FAILURES OF PERFORMANCE, ERRORS OR OMISSIONS, NETWORK OR INTERNET DELAYS OR FAILURES OR THE ACTIONS OF THIRD PARTIES WHO USE THE SITE, WHETHER SUCH DAMAGES, CLAIMS OR CAUSES OF ACTION ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE AND EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH HALSTON, OUR OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT PERMIT THIS LIMITIATION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
GOVERNING LAW
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of California, USA, without regard to its choice of law principles.
Binding Arbitration
To the fullest extent permitted by law, you and Halston Heritage each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in Los Angeles, California on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in City of Los Angeles, California and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
To the fullest extent permitted by law and subject to the terms of the paragraph above regarding California jurisdiction and venue: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial. The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration and to use the JAMS Optional Expedited Arbitration Procedures. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.
Arbitration Final
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state or provincial law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE HALSTON HERITAGEPARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE OR PROVINCIAL STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
To the extent that any portions of Section 17 are prohibited by law (including, without limitation, as may be prohibited by the laws of the Provinces of Quebec and Ontario, Canada). Please refer to your local laws for any such prohibitions, then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section 17 shall not in any way be affected or impaired thereby.
TERMINATION
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to email us at help@halston.com.