Website Terms and Conditions
1. Privacy & Security; Disclosure
Company’s privacy policy may be viewed at https://herringtons.com/ , http://www.edherrington.com and http://www.herringtonslumber.com Company reserves the right to modify its privacy policy in its reasonable discretion from time to time.
2. Payment Methods
We accept U.S. issued credit and debit cards:
- Visa
- MasterCard
- American Express
When placing an order online or over the telephone, you will need:
- The address the card’s statement is sent to (billing address).
- The card number and expiration date.
- The 3 or 4 digit code found only on the card (CVV2 code).
3. Shipping Policies
Company ships orders only within the 50 United States via UPS, FedEx and/or UPSP Priority Mail. Depending on product availability, for orders shipped, allow 7 to 10 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery.
4. Delivery Confirmation
Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the account/card holder, even without a signature.
6. Third Party Interactions
During use of the Company Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
7. Ordering Disclaimer
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.
8. Product Disclaimers; Disclaimers of Warranty
COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY’S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE COMPANY’S WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE COMPANY’S WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THAT WEBSITE, NO INFORMATION OBTAINED BY THAT WEBSITE FALLS WITHIN THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.
9. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ED HERRINNGTON, INC. (d/b/a HERRINGTON’S), ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, ASSIGNS, VENDORS AND/OR SUPPLIERS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ANY AND ALL POSSIBLE CAUSES OF ACTION, WHETHER SOUNDING IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMDY IT TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE BY YOUR USE OF THIS WEBSITE, THAT YOU USE OF THIS SITE IS AT YOUIR SOLE RISK. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
10. Notice
Company may give notice by means of a general notice on the www.herringtons.com, electronic mail to your e-mail address on record in Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company’s account information. Such notice shall be deemed to have been given upon the date said mail is postmarked or 6 hours after sending (if sent by e-mail).
11. Modification of Terms
Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.herringtons.com. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
12. Copyright
All of the content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Herrington’s or its business associates. The entire content of this website is copyrighted as a collective work under United States copyright laws, and Herrington’s own a copyright in the selection, coordination, arrangement and enhancement of the content of this website. You may download, print and store selected portions of the content of this website, provided you: (1) only use these copies for your own personal use; (2) do not copy or post the content of this website on any network computer or broadcast the content of this website in any media; and (3) do not modify or alter the content of this website in any way, or delete or change any copyright or trademark notice. The content of this site is provided for lawful purposes only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Herrington’s reserves complete title and full intellectual property rights in any content of this website that you download. Except as noted herein, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content of this website without the express written permission from Herrington’s.
13. General
This Agreement shall be governed by the laws of the State of New York and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the New York State Supreme Court located in Columbia County, New York. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this Website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
14. Herrington’s Machine Readable Files (MRF’s)
To access our MRF’s click here.