The Harley Butler Site is a website for the purpose of selling to you, and you purchasing from Harley Butler through e-commerce, furniture, lighting, furnishing accessories, and related materials. By visiting and using the Site, registering an account with Harley Butler, and/or purchasing an item(s) from Harley Butler, you engage in our Services and agree to be bound by this TOU.
All visitors to the Site shall be deemed as "users" for purposes of this TOU. An individual registering for our Services by creating an account will then be considered a "registered user."
The user and/or registered user acknowledges and agrees that the provided Services made available through the Site and any applications, including mobile applications and other applications which may be made available through various means are the sole property of Harley Butler. Harley Butler may, at its sole discretion:
Your continued use of the Services provided after such addition, update, modification or revision is posted will constitute your acceptance of such. You should review this TOU frequently to ensure you remain aware of all of the terms contained herein. In addition, you acknowledge and accept that the Harley Butler Services and Site are presented and offered on an “AS IS” and “AS AVAILABLE” basis and, accordingly, Harley Butler is not obligated or responsible for not receiving, storing or retaining your cart or other user content, communications you send through the Site, or personal account or information settings. If you do not agree or consent to the added, updated, modified or revised TOU, you will and must immediately stop using the Harley Butler Site and Services.
By becoming a "registered user" of the Site:
By establishing an online account with Harley Butler and becoming a registered user, you have the following additional responsibilities:
Harley Butler reserves the right to suspend, terminate and remove the registered user for knowingly providing any information of a false, untrue, inaccurate or incomplete nature and to refuse the current and future use of any and all Harley Butler Services. We further reserve the right to remove and/or delete any registered user and such content that would violate the TOU or which would otherwise be considered offensive to other visitors, users and/or registered users, and that we shall not be liable to you or any other third party with regards to the termination of your account. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Further, to ensure the safety and privacy of children under 13, it is expressly forbidden by Harley Butler to permit use of the Site and Services if you are under the age of 13. Use of the Site and Services by a child between the ages of 13 and 18 must be done under the supervision of a parent or legal guardian who has agreed to be bound by the TOU on your behalf. If you are a parent or legal guardian who has agreed to be bound by the TOU on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
As a user or registered user of the Site, you hereby acknowledge, understand, agree and consent that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated, and Harley Butler has neither responsibility for nor guarantees the accuracy, integrity or quality of any such content. Further, by using the Site and Services, you acknowledge and understand that you may be exposed to content which includes, but is not limited to, errors or omissions in content posted, and/or any loss or damage of any kind which may be incurred as a result using any such content posted, emailed, transmitted or otherwise made available is not the responsibility of Harley Butler.
You agree not to use the Site or Services of Harley Butler for the purpose of:
The Site may, at times, permit the user/registered user to submit content, including but not limited to, comments on product reviews, blog posts, requests for customer service, and general inquiries (“User Content”). As a user/registered user of this Site and Services, you:
Harley Butler expressly does not endorse, agree with, or condone any advice, opinion, recommendation, or instruction included within your User Content, and reserves the right without obligation to monitor, filter, and review User Content or other content sent to or through the Site. Further, Harley Butler reserves the right to refuse, delete, remove or otherwise take action to prohibit any User Content and/or to terminate any user/registered user’s access to the Site and Services if, in its sole and absolute judgment and discretion, determines that such User Content, user or registered user violates or has violated this TOU.
Harley Butler will use its best efforts to fulfill all orders, but cannot guarantee the availability of any particular product displayed on the Site, and reserves the right to discontinue the display, listing and sale of any product at any time without notice. Descriptions and prices for products and services are subject to change at any time without notice. Errors in information, including but not limited to, prices, descriptions, availability, and estimated shipping or delivery timeframes, will be corrected when discovered and Harley Butler reserves the right to revoke and/or rescind any stated offer to sell and to correct any such error, inaccuracy, or omission, including any order which has been submitted and in a status other than completed and shipped. If a product or service description or price is changed, and not the result of an error, inaccuracy, or omission, after an order has been submitted and payment received, the order will be fulfilled and completed at the price when the order was submitted and paid.
Completing the order submission process, in common terms referred to as the cart checkout, indicates your agreement and acceptance and that you will pay for the products and services purchased through the Site and Services. The risk of loss and title for such purchases passes to you upon Harley Butler’s delivery of the items or products to the shipping carrier, or upon delivery at the supplier warehouse for local option pickup.
Information is collected and tracked for purchases while the registered user is logged in to their account, and as such, Harley Butler owns all the data and information concerning these tracked purchases and will continue to own this data and information even if the registered user account is deactivated for any reason.
Harley Butler reserves the right to limit the quantity of items purchased per person, per account, per household, and per order as determined in its sole discretion, and may be applied to the same account, same credit/debit card, and/or the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Prices for products and services offered through the Site and Services represent the retail price at which Harley Butler is selling such product or service. Harley Butler may from time to time, and on certain but not all products or services, offer to sell products and/or services at a reduced price and will signify such with a “Sale” tag or notation on the product or service item page, and the regular retail price will be typically be shown with a strikethrough marking. The duration of the “Sale” is at Harley Butler’s sole discretion and can be discontinued without notice. “Sales” which are denoted with a defined duration, by indicating the start and end dates, will cease effective as of 11:59 P.M. CDT (CDST) on the indicated end date. If a “Sale” is discontinued on products and/or services for an unsubmitted order, the regular retail price will be applied to the product or service, not the “Sale” price when placed in the cart. Orders which are submitted, with such term being defined for this purpose as having successfully passed the “Place order” stage in the cart checkout process, prior to the “Sale” expiration date and time, but not otherwise processed, paid, or completed, will be honored at the “Sale” price.
Harley Butler, may from time to time, extend reductions in regular retail prices on products and services offered for sale on the Site and Services through the use of Coupons. Coupons will be specific codes which the registered user is to input into the appropriate entry box on the virtual shopping cart. Coupons may and will vary with regard to:
You acknowledge that Harley Butler has no obligation or requirement to offer or extend a Coupon for any products or services offered on the Site or through its Services, has no obligation to offer or extend a Coupon for any dollar amount or percentage factor, has no obligation to offer or extend a Coupon for any length, duration or period of time, or for any reason as purchase or loyalty recognition, or to encourage or motivate any user or registered user to purchase from Harley Butler.
Returns and exchanges or refunds on undamaged items in an order can be made within 30 (thirty) calendar days of delivery receipt. Refunds on returns will be processed to the original payment source. Harley Butler will not accept returns or exchanges after 30 (thirty) calendar days, with all sales final at that point in time. Please refer to the Harley Butler E-Commerce Return and Refund Policy which may be viewed at www.HarleyButler.com/pages/return-policy.
Items which may be damaged in shipment are subject to adjustment through insurance claims with the shipment carrier. Please refer to the Harley Butler E-Commerce Shipment Claims Process which may be viewed at www.HarleyButler.com/pages/claims-process.
The uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. By using our network, you agree and consent to comply with all applicable local rules relating to online conduct and acceptable Content, and the export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations and the sanctions control program of the United States. You further state, pledge and affirm that you:
All users and/or registered users agree to be fully and wholly responsible for, and agree to indemnify and hold Harley Butler, our subsidiaries, affiliates, agents, employees, registered users, officers, fulfillment partners, partners and/or licensors blameless or not liable for all claims, liability, damages, losses, costs and expenses which may include, but is not limited to, reasonable attorney fees, suffered by us and arising out of any breach of the TOU by any user or registered user of our Site or any other liabilities arising out of your use of the Site, or the use by any other person accessing the Site using a PC or other means of accessing the internet.
In an attempt to provide increased value to users and registered users of the Site, Harley Butler or any third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and we do not endorse nor are we responsible or liable, directly or indirectly, for the privacy practices or any content, including misrepresentative or defamatory content of such external sites, including without limitation any products, advertising or any other materials, on or available from such third party sites or resources. You further acknowledge and agree that Harley Butler shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Harley Butler's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Harley Butler or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Harley Butler Services (e.g. Content or Software), in whole or part.
Harley Butler herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Harley Butler for use in accessing our Services.
Information on copyright infringement or claims may be found in the Harley Butler Copyright Policy. This policy may be viewed at www.HarleyButler.com/pages/copyright-policy.
ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES, AND OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SPECIFIED IN WRITING AND AT YOUR SOLE RISK. HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS EXPRESSLY MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, PERTAINING TO THE SITE SERVICES, INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR OTHER MATERIALS MADE AVAILABLE TO YOU THROUGH THE HARLEY BUTLER SERVICES, OTHER THAN AS EXPRESSLY SPECIFIED IN WRITING.
TO THE FULL EXTENT PROVIDED AND PERMISSIBLE BY APPLICABLE LAW, HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARLEY BUTLER DOES NOT
HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT THE SITE AND/OR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE SITE OR SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE HARLEY BUTLER SITE OR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; AND THAT HARLEY BUTLER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, REGISTERED USERS, EMPLOYEES, AGENTS, FULFILLMENT PARTNERS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OR RESULTING FROM THE USE OF THE SITE OR SERVICES OR SOFTWARE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES, OR ANY OTHER MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HARLEY BUTLER SITE OR SERVICE OR SOFTWARE, INLCUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING
THERE ARE CERTAIN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Through the use of the Site, you acknowledge, understand and agree, unless expressly stated in this TOU, that there shall be no third-party beneficiaries to this agreement. You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
This TOU, as may be amended from time to time, contains the entire agreement between you and Harley Butler relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and Harley Butler in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this TOU. You confirm that, in agreeing to accept this TOU, you have not relied on any representation save insofar as the same has expressly been made a representation in this TOU and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this TOU save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of this TOU.
With regard to this TOU, both you and Harley Butler mutually agree that the relationship between the parties shall be governed by the laws of the state of Texas. Your use of this site indicates and affirms your consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Dallas, Texas in all disputes:
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the TOU, including without limitation this paragraph and the warranty disclaimers and liability exclusions above, and where all or any portion of this Site may violate any legal requirements, and you agree not to access this Site in any such jurisdiction. It has been the intent of Harley Butler to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. It is your responsibility for compliance with applicable laws.
With the prior agreement of Harley Butler, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or the TOU shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Dallas, Texas. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered in any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision. If any part of the TOU shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this TOU and shall not affect the validity and enforceability of any of the remaining provisions of the TOU. Each provision of this TOU shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The effective date of this TOU is February 18, 2017. You agree that Harley Butler may modify and amend the TOU at any time in its sole discretion and without notice to you. When it is modified and amended, the modified and amended TOU will be made available on the Site for your convenience, and your continued use of these Services will constitute your acceptance of any modified terms in this TOU.