Privacy & Terms
Terms & Conditions of Use
Your use of the Hunter Fan Company website (the "Site") is governed by
these terms and conditions. Please take a few minutes to review these
terms and conditions. Your use of this Site constitutes your agreement
to follow these rules and to be bound by them. If you do not agree with
any of these terms and conditions, do not use this Site.
These Terms and Conditions May Change
Hunter Fan Company reserves the right to update or modify these terms
and conditions at any time without prior notice. Your use of this Site
following any such change constitutes your agreement to follow and be
bound by the terms and conditions as changed. For this reason, we
encourage you to review these terms and conditions whenever you use this
Site.
Copyright and Trademarks
This Site, including all images, text, and other attributes, is subject
to copyright and/or other intellectual property rights or licenses owned
by Hunter Fan Company. All product and proprietary feature names,
trademarks, service marks, logos and trade names ("Marks") are the
property of Hunter Fan Company. You are prohibited from using any of the
Marks for any purpose (including, but not limited to, use as metatags
on other pages or sites on the World Wide Web) without the express prior
written permission of Hunter Fan Company. All of the information and
content available on or through the Site ("Content") is protected by
copyright.
Content received through the Site may be displayed, reformatted, and
printed for your personal, non-commercial use only. In the event that
you download any information or software from the Site, you expressly
agree not to copy, reproduce, retransmit, distribute, post on any
network, disseminate, sell, publish, broadcast in any media or otherwise
circulate such material without the express prior written consent of
Hunter Fan Company. You further agree not to remove or obscure any
copyright, other notices or legends contained in any such information.
No right, title or interest is transferred to you in any downloaded
materials. Hunter Fan Company reserves all right, title and interest in
any Content you download from the Site.
You agree that you will not use any device, software or means to
interfere or attempt to interfere with the proper working of the Site.
You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure. You further
agree that you will not redeliver any of the pages, text, images or
other content of the Site using linking or framing technology without
Hunter Fan Company's written permission, and that you will not modify or
use pages, text, images, or other content from the Site for any other
purpose other than as specifically permitted above or otherwise approved
by Hunter Fan Company in writing. Hunter Fan Company actively and
aggressively protects and enforces its intellectual property rights to
the fullest extent of the law, including recovery of all available
damages, attorney's fees and costs.
Accounts
You agree that you will not misuse or abuse account access and
passwords. You agree that you will only use your password and that you
will take all reasonable precautions to protect its secrecy.
Correction of Errors and Inaccuracies
We have done our best to display as accurately as possible the products
shown on this Site. However, because the colors you see will depend on
your monitor, we cannot guarantee that your monitor's display of any
product color will be accurate. Also, the information on this Site may
contain typographical errors or inaccuracies and, in some cases, may not
be complete or current. We therefore reserve the right to correct any
errors, inaccuracies or omissions and to change or update information at
any time without prior notice. Please note that such errors,
inaccuracies or omissions may relate to product description, pricing,
and availability. In the event a product is listed at an incorrect price
or with incorrect information due to typographical error, we shall have
the right to refuse or cancel any orders placed for products listed at
the incorrect price. We shall have the right to refuse or cancel such
orders whether or not the order has been confirmed and your credit card
has been charged. If your credit card has already been charged for the
purchase and your order canceled, we shall immediately issue a credit to
your credit card account in the amount of the charge. We apologize for
any inconvenience this may cause you.
Submissions
We welcome your comments regarding this Site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") sent to us shall be and remain the exclusive
property of Hunter Fan Company. Your submission of any such Comments
shall constitute an assignment to Hunter Fan Company of all worldwide
rights, titles and interests in all copyrights and other intellectual
property rights in the Comments. Hunter Fan Company will be entitled to
use, reproduce, disclose, publish and distribute any material you submit
for any purpose whatsoever, without restriction and without
compensating you in any way. For this reason, we ask that you not send
us any comments that you do not wish to assign to us, including any
confidential information or any original creative materials such as
stories, product ideas, computer code or original artwork.
Order Acceptance
Terms of payment shall be determined in our discretion and as otherwise
agreed to by us. Payment shall be made by a credit card or some other
pre-arranged method of payment acceptable to the Online Store. Your
receipt of an electronic or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute
confirmation of the order or our offer to sell. We reserve the right,
without prior notification, to accept or decline your order or limit the
order quantity for any reason. Where payment is made by credit card,
such payment is subject to the approval of the financial institution
issuing the credit card and we shall not be liable in any way if such
financial institution refuses to accept or honor the credit card for any
reason. We may require, at our option, that any order placed over
certain dollar amounts receive our pre-approval. We also may require
additional verification or information before accepting any order.
Prices, Shipping and Handling Charges
Not all prices include charges for shipping and handling or taxes.
Separate charges for shipping and handling will be shown on the invoice.
Sales and Other Taxes
We are obligated to withhold sales tax for delivery within certain
states and all such taxes shall be automatically charged and withheld.
Unless Customer provides us with a valid and correct tax exemption
certificate applicable to the product ship-to Location prior to our
acceptance of the order, the customer is responsible for sales and all
other taxes associated with the order not collected by us.
Product Availability
Although availability may be indicated on the Site, we cannot guarantee
product availability and products, nonetheless, may not be available for
immediate delivery. We reserve the right, without liability or prior
notice, to revise, discontinue, or cease to make available any or all
products or to cancel any order. If there is any revision,
discontinuance, or cessation, we may, in our discretion, ship products
which have substantially similar functionality and specifications to the
products ordered or cancel your order.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site and your purchase of
products or services through this Site. We may, in our sole discretion,
report actual or perceived violations to law enforcement or appropriate
authorities. If we become aware, through a complaint or otherwise, of
any potential or suspected violation of these Terms and Conditions or
the Privacy Policy, we may (but are not obligated to) conduct an
investigation to determine the nature and extent of the suspected
violation and the appropriate enforcement action, during which
investigation we may suspend services to any customer being investigated
and/or remove any material from our servers. You agree to cooperate
fully with any such investigation. You acknowledge that violations of
the Terms and Conditions or the Privacy Policy could be subject to
criminal or civil penalties.
Compliance with Return Policies
You agree to comply with and be bound by the return policies in
connection with returns of products purchased through this Site. Our
current return policy (located in the Customer Support section of this
Site) is incorporated herein by reference and made part of these Terms
and Conditions.
Termination of Usage
We may terminate or suspend your access to or use of all or part of this
Site, without notice, for any conduct that we believe is disruptive to
this Site or is in violation of any applicable law or these Terms and
Conditions.
Privacy
We only collect personally identifiable information about you to the
extent you specifically provide it to us. This includes, for example,
the information you provide when you place an inquiry, request
information or respond to a survey. We use this information you share
with us to provide the products or services you request, to improve the
content of our site and enhance your shopping experience, and for
marketing and promotional purposes. We may share this information with
our affiliated businesses. They may use this information as we would,
and you may occasionally receive product and service information from
them. In addition, we may share this information with third parties that
we believe are reputable in order to offer products and services that
may be of interest to you. Finally, we may share this information with
outside vendors and organizations that provide support services to us or
that help us with our marketing programs.
In addition to personal information you provide us, we use technology
that lets us know what type of browser you are using, the Web site from
which you enter this Site, and the pages you view as you tour this Site.
This technology does not identify you personally - it simply helps us
compile statistics about our visitors and their use of our Site. We use
these statistics and share them with third parties to improve our Site
design and content and in connection with marketing programs. We intend
to offer our guests only opportunities that will interest them, and we
believe they will welcome the information they receive as a result of
visiting our Site. However, we respect some visitors' preference to
limit their E-mail, mail and telephone calls. If you would prefer not to
receive promotional information as a result of using our Site, we will
do our best to remove your name from our marketing programs. We will act
promptly to honor your request. However, even if we remove your name
from use in our marketing programs, you may still receive catalogs and
other promotional materials from us or our affiliated businesses and
partners if they obtained your name before it was removed or from a
source other than our Site. We do not knowingly collect personally
identifiable information from children under the age of 18. If a child
has provided us with personally identifiable information, we ask that a
parent or guardian advise us and we will do our best to delete the
information from our files.
By using our Site, you consent to our use of the information about you
as described above. As we implement new technology and introduce new
services, we will update our privacy policy, so we encourage you to
review it often.
Disclaimers
THIS SITE IS OPERATED BY HUNTER FAN COMPANY ON AN "AS IS," "AS
AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
HUNTER FAN COMPANY, ITS DIVISIONS AND AFFILIATES (COLLECTIVELY, "HUNTER
FAN COMPANY") DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH
RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS
SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED FOR
ANY PARTICULAR ITEM.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DOES NOT REPRESENT OR
WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR
CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DISCLAIMS ANY
LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT AND FEATURE
DESCRIPTION.
HUNTER FAN COMPANY DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR
REPRESENTATIONS ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THIS SITE. ANY
LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO
MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS
WITH ANY OTHER WEB SITE.
HUNTER FAN COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS
SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LocationS OUTSIDE OF THE
UNITED STATES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL HUNTER FAN COMPANY OR ANY OF ITS
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE
FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL
LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL,
INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS
OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER
ACTION IN TORT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY HUNTER FAN
COMPANY BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR
WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE,
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH
ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART
OF THIS LIMITATION ON LIABILITY IS FOUND TO INVALID OR UNENFORCEABLE
FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF HUNTER FAN COMPANY UNDER
SUCH CIRCUMSTANCES FOR SUCH LIABILITIES THAT OTHERWISE WOULD HAVE BEEN
LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THIS SITE, YOU AGREE THAT YOUR ACCESS TO AND USE
OF THIS SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL
APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE
STATE OF TENNESSEE, UNITED STATES OF AMERICA.
© 2008 Hunter Fan Company. All right reserved
