Conditions of Use

Last updated: June 4, 2016

Garnet Hill provides website and other electronic services subject to the conditions set out below ("Conditions"). By using and shopping via Garnet Hill website(s), Garnet Hill mobile services, Garnet Hill telephone ordering and interactive voice response services, Garnet Hill software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions ("Garnet Hill Services"), you accept these Conditions. In some instances, a particular Garnet Hill Service or a product purchased through the Garnet Hill Services may be subject to additional policies, guidelines, terms, and/or agreements ("Terms"). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.

Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Garnet Hill Services.

Applicable Laws

Garnet Hill makes no representation that content included in any Garnet Hill Service is appropriate or available for use in locations other than in the United States, and access to the Garnet Hill Services from territories where their content is illegal is prohibited. Those who choose to access the Garnet Hill Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Garnet Hill Service in violation of U.S. export laws and regulations.

Change of Terms

Garnet Hill may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Garnet Hill may give by any means, including, without limitation, by posting the revised Conditions on the Garnet Hill Services. You are responsible for reviewing the Garnet Hill Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Garnet Hill Services after changes to these Conditions will constitute your acceptance of the revised terms.

Orders and Pricing

Garnet Hill reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Garnet Hill, and may be adjusted by Garnet Hill at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.

Retention of Payment Information

Garnet Hill retains the information from the payment card that you use to purchase a product. Garnet Hill will retain the payment card information and make available the payment card for your use in future transactions. Garnet Hill reserves the right to use this payment card information to process a purchase that you authorize using a different payment card or other payment option that is declined or otherwise unavailable for use at the time of the payment. Please contact us if you would like Garnet Hill to no longer retain your payment card information.

Content

Copyright in the documents and material on the Garnet Hill Services is owned by or licensed to Garnet Hill. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Garnet Hill Services are either the property of, or used with permission of, Garnet Hill. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Garnet Hill Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Garnet Hill Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Garnet Hill Services without the written permission of Garnet Hill or any third party that may own such trademarks or service marks. Garnet Hill will aggressively enforce its intellectual property rights to the fullest extent of the law.

Submissions

All information, ideas, suggestions, or other communications you transmit to Garnet Hill concerning the materials contained in the Garnet Hill Services will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Garnet Hill and its parents, subsidiaries, and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.

For all of the content that you post or submit to the Garnet Hill Services, you grant Garnet Hill a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Garnet Hill and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Garnet Hill for all claims resulting from any content that you supply. Garnet Hill has the right but not the obligation to monitor any activity and to edit or remove any content. Garnet Hill takes no responsibility and assumes no liability for any content posted by you or by any third party.

Links to Other Sites and Services

Links to other Internet sites and services operated by third parties, including Garnet Hill vendors, do not constitute sponsorship, endorsement, or approval by Garnet Hill of the content, policies, or practices of such linked sites or services. Garnet Hill is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.

Electronic Communications

When you access or use the Garnet Hill Services, send e-mails to Garnet Hill, or receive electronic communications from Garnet Hill, you are, and consent to, communicating with Garnet Hill electronically. Garnet Hill may communicate with you by e-mail or by posting notices on one or more of the Garnet Hill Services. You agree that all notices, disclosures, agreements, policies, and other communications that Garnet Hill provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

The Garnet Hill Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Garnet Hill, and access certain other features (collectively, the "Mobile Services"). Garnet Hill does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Garnet Hill, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Garnet Hill, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Garnet Hill may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Garnet Hill. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Garnet Hill intends to send to you are not sent to another person.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MATERIAL CONTAINED IN THE GARNET HILL SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, GARNET HILL MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE GARNET HILL SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

GARNET HILL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE GARNET HILL SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CERTAIN DAMAGES OR LIABILITIES. AS A RESULT, THE DISCLAIMERS AND LIMITATIONS REFERENCED ABOVE MAY NOT APPLY TO YOU.

Your Access to Garnet Hill Services

When you use the Garnet Hill Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Garnet Hill Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Garnet Hill sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Garnet Hill Services only with the involvement of a parent or guardian. Garnet Hill reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Garnet Hill Services. In the event that Garnet Hill denies you access to one or more Garnet Hill Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.

Copyright Infringement

In accordance with the Digital Millennium Copyright Act ("DMCA"), Garnet Hill has designated an agent to receive notification of alleged copyright infringement occurring on the Garnet Hill Services:

DMCA Notification Agent
Attn: Legal Department
HSN, Inc.
1 HSN Drive
St. Petersburg, Florida 33729
E-mail: dmca.notification@hsn.net

Contents of Notice

The DMCA requires that all notices of alleged copyright infringement be in writing. For Garnet Hill to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Garnet Hill of an alleged copyright infringement, you should:

• Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Garnet Hill Service are invlived, please provide a representative list of such works on that Garnet Hill Service.
• Describe the material that is claimed to be infringing and provide sufficient information to permit Garnet Hill to locate that material.
• Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
• Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or law.
• Certify that the information that you have provided Garnet Hill is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
• Include your physical or electronic signature.

Garnet Hill may not be able to act on your complaint promptly or at all if you do not provide this information.

Miscellaneous

These Conditions contain the entire understanding of you and Garnet Hill with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Garnet Hill with respect to the subject matter hereof. The failure of Garnet Hill at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Garnet Hill to thereafter enforce each and every provision of these Conditions. No waiver by Garnet Hill of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions.

These Conditions will be governed by and construed in accordance with the internal laws of the State of Florida without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of Florida, Pinellas or Hillsborough County, or of the U.S. District Court for the Middle District of Florida, Tampa Division, and Garnet Hill and you consent to the personal jurisdiction and venue of such courts.