Welcome to the Harper Canyon® website (the “Site”). These Terms and Conditions of Use (“Terms”) describe the rules for using the Site. Please read them carefully.
By accessing and using the Site, you agree to be legally bound and abide by these Terms, as they may be updated by us from time to time. If you do not agree with any part of these Terms, please do not use the Site.
1. Our Website
The Site is owned and operated by Harper Canyon LLC (“Harper Canyon”, “we” or “us”). All materials on the Site, including but not limited to images, illustrations, designs, photographs, video clips, audio clips, graphics, articles, branded materials, trademarks, logos, information, data, text, shopping information, and other files, and the selection and arrangement thereof (collectively, the “Content”) are either owned by us or by our licensors and suppliers.
You may use the Content and the Site only for your own personal, non-commercial use, and not for any other purpose unless expressly authorized by us in writing. Any other use of the Content or the Site requires our prior written consent.
2. Your Account
If you choose to register for an account with us, you agree to provide accurate and complete registration information, and to keep such information updated. You are solely responsible for all activity that occurs on your account.
You may not access or use the account of any other person, unless we authorize you to do so in writing. You must keep your password confidential and not transfer your account to any other person. Please notify us immediately of any unauthorized use of your account.
We reserve the right to suspend or terminate your account if you breach these Terms, with or without notice to you. You will be liable for losses incurred by us or any other user of the Site due to your account misuse.
3. Ordering Products
By placing an order for products through the Site (“Order”) you agree to be bound by these Terms as they pertain to your Orders.
All Orders for products are subject to product availability, and we reserve the right to impose quantity limits on Orders. We reserve the right to refuse or cancel any Order prior to shipment, whether or not the Order has been confirmed and/or your credit card charged. Some situations that may result in your Order being canceled include system or typographical errors, inaccuracies in product or pricing information, product unavailability, or problems identified by our credit or fraud departments. We may also require additional verifications or information before accepting or shipping an Order.
Pricing and availability for products are subject to change without notice. Prices prevailing at the start of your shopping session will determine the price paid. Unless otherwise specified by us, all prices are in U.S. dollars.
Please review your Order carefully before submitting. We try to process Orders as quickly as possible, and once submitted you may not be able to make any changes. If you wish to change or cancel an Order, or if you have questions about your Order, please contact us immediately at (800) 555-1234.
4. Shipping & Delivery; Returns
Shipping and delivery timing for products depends on product availability and delivery method, and may be impacted by various factors outside of our control. We will notify you of any material delay. You will pay all shipping costs and we will charge applicable sales tax, unless you provide valid resale certificates or tax exemption documentation.
You may return most unused products in new condition within 30 days of delivery for a refund of the purchase price, minus the original shipping and handling costs. Certain products cannot be returned if opened or used, including made-to-order products, special order products, and perishable products, so please check before purchase.
To be eligible for a return, contact us at [email protected] for a return authorization number within 30 days of delivery. Securely pack the product and include the return authorization number and original packing slip. You are responsible for all shipping costs for returns. Refunds may take up to 30 days following receipt and inspection of the returned product.
We do not accept returns or provide refunds in certain situations, including: (i) products that have been used, damaged, or modified, (ii) swimwear, lingerie, or special order products, (iii) products purchased from clearance or final sale sections of the Site.
5. User Content
The Site may allow you to upload or submit feedback, comments, suggestions, ideas, reviews, content, videos, audios, images, or other user generated content (“User Content”). By submitting any User Content, you represent that you have the lawful right to submit such User Content, and that your User Content does not violate these Terms or any other person’s rights.
We have the right (but not the obligation) to monitor, edit or remove any User Content in our sole discretion, for any reason or no reason, without notice to you. You agree not to transmit any User Content that is unlawful, harmful, offensive, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially or ethnically objectionable.
Except as expressly provided herein, we do not claim any ownership of User Content. However, by submitting any User Content, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, publish, and perform such User Content in any media formats in connection with the Site.
6. Intellectual Property
The Site contains intellectual property owned by us, our affiliates, and our licensors, including but not limited to trademarks, copyrights, proprietary information, and other intellectual property.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the Content or the Site, in whole or in part, except as expressly permitted in these Terms.
If you download or print any portion of the Content for personal use, you must retain all copyright and other proprietary notices in the same form and manner as on the Site. The rights granted to you in these Terms automatically terminate upon any violations.
The trademarks, service marks, and logos of Harper Canyon (the “Harper Canyon Trademarks”) used and displayed on the Site are our registered and unregistered trademarks. Nothing on the Site should be construed as granting any license or right to use any Harper Canyon Trademark without our written permission. All goodwill generated from your use of any Harper Canyon Trademark will benefit us exclusively. You may not use, copy, display or exploit in any manner any Harper Canyon Trademark without our prior written consent.
If you believe that any content on the Site violates your intellectual property rights, please notify us at [email protected].
7. Disclaimers and Limitations
THE SITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, HARPER CANYON DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT RELATED TO THE SITE AND CONTENT.
HARPER CANYON MAKES NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (2) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (3) THE RESULTS OBTAINED FROM USE OF THE SITE OR CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; OR (4) ANY ERRORS ON THE SITE WILL BE FIXED. YOU ASSUME THE ENTIRE COST OF ANY NECESSARY REPAIR OR CORRECTION.
SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HARPER CANYON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SITE OR CONTENT, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE SITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF HARPER CANYON AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to defend, indemnify, and hold harmless Harper Canyon and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from or relating to: (i) your use of the Site or Content; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any third party rights, including intellectual property rights and privacy rights; or (v) any harm caused by you. We reserve the right to assume exclusive defense and control of any such claim or matter, and you agree to cooperate fully with us upon our request.
10. Termination
We reserve the right to suspend or terminate your access to and use of the Site at any time, with or without cause, with or without notice. You have the same revocation rights.
Upon termination, all licenses, rights, and obligations under these Terms immediately cease, except those rights and obligations that survive termination as stated herein. We reserve the right to retain and not delete all Content and your information and data for purposes including backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, enforcement of these Terms, or as otherwise permitted by law.
All sections of these Terms that should logically survive termination shall continue in full force and effect subsequent to and notwithstanding termination of your access to and use of the Site.
11. General Terms
Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. Any dispute between you and Harper Canyon arising out of these Terms must be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction and venue in such courts.
Assignment. You may not transfer or assign these Terms or any rights or licenses granted hereunder. We reserve the right to freely assign or transfer these Terms and our rights and obligations without restriction.
Entire Agreement. These Terms constitute the entire agreement between you and Harper Canyon regarding the subject matter herein.
Severability. If any part of these Terms is held invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect.
No Waiver. Our failure to enforce or exercise any rights under these Terms does not constitute a waiver of such rights.
Modifications. We may revise these Terms from time to time in our sole discretion, subject to applicable law, and any such modifications shall be effective upon posting. By continuing to access or use the Site after revisions are in effect, you agree to be bound by the updated Terms.
These Terms were last updated on March 1, 2023. If you have any questions about our Terms, please contact us at [email protected].
Contact Us
Please contact us with any questions or concerns regarding these Terms and Conditions of Use:
Harper Canyon LLC
123 Shoe Street
Los Angeles, CA 90001
Email: [email protected]
Phone: (800) 555-1234