Terms and Conditions
Last Modified: 11/28/19
IF YOU PURCHASE ANY PRODUCTS FROM THIS WEBSITE OR ACCESS OR USE THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED BY US THROUGH THIS WEBSITE (INCLUDING PROVIDING ANY CONTENT FOR THIS WEBSITE), YOU ARE DEEMED TO HAVE AGREED TO THESE TERMS AND CONDITIONS AND THE OTHER POLICIES INCORPORATED HEREIN BY REFERENCE.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Right Point Linen and its affiliates strive for accuracy in all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinants, we cannot guarantee that all item descriptions, photographs, size references, detailed specifications, pricing, links and any other product-related information listed are entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, we shall at our sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from this Website are provided as resources to customers looking for additional information. We do not assume responsibility for the claims and/or representations made on these or any other websites.
We are not responsible for variations in product specifications and/or physical appearance, since in some cases this can be a natural result of the manufacturing process. Please consider this when ordering products through our Website.
LIMITATION OF LIABILITY / TIME LIMIT FOR BRINGING CLAIMS
IN ALL CIRCUMSTANCES, THE COMPANY’S MAXIMUM LIABILITY FOR PRODUCTS PURCHASED FROM THIS WEBSITE IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCTS. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS WE SELL THAT EXCEEDS THIS LIABILITY LIMIT. WE SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, LOSS OF BUSINESS, LOSS OR DAMAGE TO REPUTATION OR FOR EXEMPLARY DAMAGES, WHETHER OR NOT WE HAVE BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
BY PURCHASING PRODUCTS FROM THIS WEBSITE, YOU AGREE THAT ANY AND ALL CLAIMS ARISING FROM YOUR PURCHASE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF INVOICE OR SUCH CLAIMS WILL BE BARRED.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the terms RIGHT POINT LINEN, the Company’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- • violate any law or regulation;
- • violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- • send unsolicited or unauthorized advertising or commercial communications, such as spam;
- • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Website;
- • transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- • stalk, harass, or harm another individual;
- • impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- • use any means to scrape or crawl any Web pages contained in the Website;
- • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
- • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or
- • advocate, encourage, or assist any third party in doing any of the foregoing.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or through any social media accounts associated with your or the Company, including without limitation, our Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (collectively, “Social Media Accounts”).
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or our Social Media Accounts.
However, we cannot review all material before it is posted on the Website or our Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
• Your address, telephone number, and email address.
• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located.
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Right Point Linen, LLC
You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND MATERIALS ON OR FROM THIS WEBSITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY OF THE SERVICES PROVIDED PURSUANT TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Dispute Resolution; Agreement to Arbitrate
Any dispute or claim arising from or relating in any way to your purchase of any products through this Website or your accessing or use of this Website, including any products or services offered through the Website or providing any content for this Website, will be resolved solely by binding arbitration, rather than in court, except that either of us may assert claims in small claims court if the claims qualify. This applies equally to claims made by us against you and to claims made by you against us. The Federal Arbitration Act and federal arbitration law apply to this agreement.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our corporate headquarters: Right Point Linen, LLC firstname.lastname@example.org. The arbitration will take place in Orange County, California and be conducted by the Judicial Arbitration and Mediation Services (“JAMS”) under its rules, including the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Consumer Policy”). The only fee you will be required to pay to initiate your claim in arbitration is $250; all other costs of the arbitration will be paid by us. You will be responsible for the legal fees of any attorneys you hire to represent you, and we will be responsible for the legal fees of our attorneys. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The JAMS rules are available at http://www.jamsadr.com.
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. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Waiver and Severability
Contact Us: If you need to contact us, please send correspondence to:
Right Point Linen, LLC
ATTN: Customer Support