Terms and Conditions
Terms and Conditions
Welcome to HarperBlvd.com, Harper Blvd and their affiliates ("HBLVD") provide website features and other products and services to you when you visit or shop at HarperBlvd.com, or use HBLVD products or services. HBLVD provides the services subject to the following conditions.
By using HBLVD Services, you agree to these conditions. Please read them carefully.
We offer a wide range of HBLVD Services, and sometimes additional terms may apply. When you use an HBLVD Service (for example, Your Account or Your Wishlist) you also will be subject to the guidelines, terms and agreements applicable to that HBLVD Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of HBLVD Services, to understand our practices.
When you use any HBLVD Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any HBLVD Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of HBLVD or its content suppliers, and protected by United States and international copyright laws. The compilation of all content included in or made available through any HBLVD Service is the exclusive property of HBLVD and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of HBLVD trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any HBLVD Service are trademarks or trade dress of HBLVD in the U.S. and other countries. HBLVD's trademarks and trade dress may not be used in connection with any product or service that is not HBLVD's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HBLVD. All other trademarks not owned by HBLVD that appear in any HBLVD Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HBLVD.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, HBLVD or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the HBLVD Services. This license does not include any resale or commercial use of any HBLVD Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any HBLVD Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by HBLVD or its licensors, suppliers, publishers, rightsholders, or other content providers. No HBLVD Service, nor any part of any HBLVD Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of HBLVD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HBLVD without express written consent. You may not use any meta tags or any other "hidden text" utilizing HBLVD's name or trademarks without the express written consent of HBLVD. You may not misuse the HBLVDServices. You may use the HBLVDServices only as permitted by law. The licenses granted by HBLVD terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any HBLVD Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. HBLVD does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the HBLVD Services only with involvement of a parent or guardian. HBLVD reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. HBLVD reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant HBLVD a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant HBLVD and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify HBLVD for all claims resulting from content you supply. HBLVD has the right but not the obligation to monitor and edit or remove any activity or content. HBLVD takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from HBLVD are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
HBLVD does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, HBLVD does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
HBLVD attempts to be as accurate as possible. However, HBLVD does not warrant that product descriptions or other content of any HBLVD Service is accurate, complete, reliable, current, or error-free. If a product offered by HBLVD itself is not as described, your sole remedy is to return it in unused condition.
"MSRP" means the suggested retail price of a product as provided by HBLVD. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on HBLVD.
With respect to items sold by HBLVD, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by HBLVD is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HBLVD SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBLVD SERVICES ARE PROVIDED BY HBLVD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HBLVD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HBLVD SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBLVD SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HBLVD SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HBLVD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HBLVD DOES NOT WARRANT THAT THE HBLVD SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HBLVD SERVICES, HBLVD'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM HBLVD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HBLVD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HBLVD SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HBLVD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any HBLVD Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and HBLVD.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
600 Freeport Parkway, Suite 200
Coppell, TX 75019