Last updated: March 1, 2023
Introduction
Welcome to the Hotel Sheets Direct® Bamboo Sheets website (the “Site”). This Site is owned and operated by Hotel Sheets Direct (“We,” “Our,” “Us” or “Company“). By accessing or using this Site, you (“You” or “Your“) agree to be bound by these Terms of Use (“Terms” or “Agreement“) and Privacy Policy (available at Privacy Policy), whether or not you are a registered user.
Please read this Agreement carefully. It is a legal document that explains your rights and obligations related to your use of this Site. By accessing or using this Site, you are agreeing to this Agreement. If you do not accept this Agreement, please do not access or use this Site. We reserve the right to modify this Agreement at any time without notice, and any such changes will be posted on this page. Your continued use of this Site after a change has been posted will signify your acceptance of the modified Terms.
You must be at least 18 years of age to use this Site. If you are under 18 years of age (or the age of majority where you live), you may only use this Site with involvement and consent of a parent or legal guardian.
Use of Website and Content
1. Content Ownership. All content on this Site, including but not limited to text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, software, and the compilation of the Site itself (“Site Content”) is the property of Us or Our content suppliers and is protected by United States and international copyright laws. The compilation of all Site Content is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used in this Site is the property of the Company or its software suppliers and is protected by United States and international copyright laws.
2. Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Site Content solely as permitted by these Terms. You may print or download extracts from the Site for your own personal non-commercial use. Any other use of Site Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of Us is strictly prohibited. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or use Site Content outside of Your personal non-commercial purposes without Our express written consent. Other than as expressly permitted under copyright law, You may not copy, redistribute, publish, reverse engineer, decompile or disassemble any software, databases or other components of the Site.
3. Trademarks. The trademarks, service marks, trade names, trade dress and logos (collectively, the “Trademarks“) displayed on this Site are Our registered and unregistered Trademarks and those of Our affiliates and/or partners, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in these Terms serves to grant to You, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of the Trademark owner. Misuse of any Trademarks or any other materials contained on the Site is strictly prohibited.
4. User Content. You are solely responsible for any information, data, text, software, photos, graphics, messages or other materials that You upload, post or store on or transmit, display or otherwise make available on or through this Site (“User Content”). We do not control User Content and do not guarantee the accuracy, integrity or quality of any User Content. Under no circumstances will We be liable for any loss or damage caused by Your reliance on User Content. You may not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express written permission of the owner of such copyright, trademark or other proprietary right owned. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5. Acceptable Use. You agree not to use the Site or Service to:
- Post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable.
- Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone.
- Break the law, violate an individual’s right of privacy or publicity, or infringe on any intellectual property or other proprietary rights.
- Damage, disable, overburden or impair the Site or Service.
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any information.
- Attempt to obtain unauthorized access to the Site or Service through password mining, scraping or any other means.
6. Copyright Infringement. We respect the intellectual property rights of others. If You believe Your copyright has been infringed on this Site, please notify Us at [email protected].
7. Indemnification. You agree to indemnify, defend and hold Us harmless, from any third party causes of actions, losses, expenses, damages and costs, including reasonable attorneys’ fees, arising from or related to (1) Your use of the Site or Service, (2) Your User Content, (3) Your violation of these Terms, and (4) Your violation of any rights of another.
Products, Pricing and Availability
1. Product Descriptions. We attempt to describe the items available on the Site as accurately as possible. However, We do not warrant that product descriptions or other Site Content is accurate, complete, reliable, current, or error-free.
2. Prices and Availability. Prices and availability of products on this Site are subject to change without notice. Certain weights, measures and product descriptions are approximations. We cannot guarantee that any product, service, or feature will be available at the time of Your order. All items are subject to availability and We reserve the right to impose quantity limits on any order. Prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your total before checkout.
3. Returns and Exchanges. Please review our Returns and Exchanges Policy posted at Returns Policy for information about returns and exchanges.
4. Shipping. When You purchase any products available on this Site, the cost of shipping will be clearly displayed during checkout prior to completion of Your order as well as on Your order confirmation email.
5. Promotional Codes. From time to time, We may offer promotional codes that may be redeemed for discounts on future purchases. The redemption of any promotional code does not entitle You to any residual value if Your total order is less than the value of the promotional code. Redemption of any single promotional code is limited to one customer order, while supplies last. We reserve the right to exclude certain categories of products from promotion code eligibility. Use of multiple promotional codes for the same customer order is prohibited. Promotional codes may not be used for prior purchases, have no cash value, and are void if restricted by law. We reserve the right to modify or cancel any promotional code at any time for any reason without notice. Additional restrictions may apply.
6. Transactions. If there are any discrepancies or issues arising out of a transaction, please contact Us immediately at [email protected] so We can work to resolve the issue. If We suspect or detect any unusual activity that indicates the possibility of fraud or security risks, We may cancel any associated orders, suspend Your account, and/or notify appropriate authorities. We reserve the right to refuse or cancel any order for any reason at any time prior to product shipment. Some situations that may lead to cancelation include limitations on quantities available for purchase, product pricing errors, problems with a Your credit card, or suspicion of fraudulent purchases. We also may require additional verification or information before processing any order. Should Your order be canceled after Your credit card has been charged and You have already paid, We will promptly refund the full amount charged. Please allow 2-3 weeks for processing of any refunds.
User Account and Communications
1. User Account. In order to purchase products, You may be required to create a user account and provide certain information including a valid email address and billing information. You represent and warrant that any and all information provided by You is accurate and complete. You agree to keep Your information current and update Your account information if it changes. Maintaining the confidentiality of Your user name and password is Your responsibility. You are responsible for all activities that occur under Your account that You have authorized or not authorized. You agree to immediately notify Us of any unauthorized use of Your user name or password or any other breach of security. While We work hard to ensure the security and integrity of Our network and systems, We do not guarantee that they will be immune from unauthorized access.
2. Electronic Communications. Visiting this Site or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
3. Email Opt Out. You may opt out of receiving future email correspondence from Us by clicking the “unsubscribe” link at the bottom of any email newsletter or communication. Please allow ample time for the removal of Your information. Even after opting out, You may continue to receive communications from Us that are necessary for the purposes of Your transactions and related customer service.
Termination
We reserve the right, with or without notice, at any time and for any reason to deny You access to the Site, and to discontinue or modify the Site. We are not liable for any modification, suspension or termination of Your access to the Site.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY SITE CONTENT. WE MAY MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL BE ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY ERRORS WILL BE CORRECTED. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Arbitration Agreement
In the event of a dispute arising under or relating to these Terms, You and Company agree to first attempt to resolve such dispute through good faith negotiations. In the event that we are unable to resolve our dispute, You agree that any claim or dispute You may have against the Company arising out of or relating in any way to these Terms or Your use of this Site will be resolved exclusively by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by JAMS under its rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Contact Us
If you have any questions about these Terms, You can contact us:
By email: [email protected]
By phone number: 1-800-555-1234
By mail:
Hotel Sheets Direct Legal Department
123 Main Street
Anytown, TN 55555
Thank you for visiting our Site!
