TERMS & CONDITIONS OF USE
Your use of the Hunter Fan Company website (the "Site") is governed by these terms
and conditions. Please take a few minutes to review these terms and conditions.
Your use of this Site constitutes your agreement to follow these rules and to be
bound by them. If you do not agree with any of these terms and conditions, do not
use this Site.
These Terms and Conditions May Change
Hunter Fan Company reserves the right to update or modify these terms and conditions
at any time without prior notice. Your use of this Site following any such change
constitutes your agreement to follow and be bound by the terms and conditions as
changed. For this reason, we encourage you to review these terms and conditions
whenever you use this Site.
Copyright and Trademarks
This Site, including all images, text, and other attributes, is subject to copyright
and/or other intellectual property rights or licenses owned by Hunter Fan Company.
All product and proprietary feature names, trademarks, service marks, logos and
trade names ("Marks") are the property of Hunter Fan Company. You are prohibited
from using any of the Marks for any purpose (including, but not limited to, use
as metatags on other pages or sites on the World Wide Web) without the express prior
written permission of Hunter Fan Company. All of the information and content available
on or through the Site ("Content") is protected by copyright.
Content received through the Site may be displayed, reformatted, and printed for
your personal, non-commercial use only. In the event that you download any information
or software from the Site, you expressly agree not to copy, reproduce, retransmit,
distribute, post on any network, disseminate, sell, publish, broadcast in any media
or otherwise circulate such material without the express prior written consent of
Hunter Fan Company. You further agree not to remove or obscure any copyright, other
notices or legends contained in any such information. No right, title or interest
is transferred to you in any downloaded materials. Hunter Fan Company reserves all
right, title and interest in any Content you download from the Site.
You agree that you will not use any device, software or means to interfere or attempt
to interfere with the proper working of the Site. You agree that you will not take
any action that imposes an unreasonable or disproportionately large load on our
infrastructure. You further agree that you will not redeliver any of the pages,
text, images or other content of the Site using linking or framing technology without
Hunter Fan Company's written permission, and that you will not modify or use pages,
text, images, or other content from the Site for any other purpose other than as
specifically permitted above or otherwise approved by Hunter Fan Company in writing.
Hunter Fan Company actively and aggressively protects and enforces its intellectual
property rights to the fullest extent of the law, including recovery of all available
damages, attorney's fees and costs.
Correction of Errors and Inaccuracies
We have done our best to display as accurately as possible the products shown on
this Site. However, because the colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any product color will be accurate. Also,
the information on this Site may contain typographical errors or inaccuracies and,
in some cases, may not be complete or current. We therefore reserve the right to
correct any errors, inaccuracies or omissions and to change or update information
at any time without prior notice. Please note that such errors, inaccuracies or
omissions may relate to product description, pricing and availability. We apologize
for any inconvenience this may cause you.
Submissions
We welcome your comments regarding this Site. However, any comments, feedback, notes,
messages, ideas, suggestions or other communications (collectively, "Comments")
sent to us shall be and remain the exclusive property of Hunter Fan Company. Your
submission of any such Comments shall constitute an assignment to Hunter Fan Company
of all worldwide rights, titles and interests in all copyrights and other intellectual
property rights in the Comments. Hunter Fan Company will be entitled to use, reproduce,
disclose, publish and distribute any material you submit for any purpose whatsoever,
without restriction and without compensating you in any way. For this reason, we
ask that you not send us any comments that you do not wish to assign to us, including
any confidential information or any original creative materials such as stories,
product ideas, computer code or original artwork.
Privacy
We only collect personally identifiable information about you to the extent you
specifically provide it to us. This includes, for example, the information you provide
when you place an inquiry, request information or respond to a survey. We use this
information you share with us to provide the products or services you request, to
improve the content of our site and enhance your shopping experience, and for marketing
and promotional purposes. We may share this information with our affiliated businesses.
They may use this information as we would, and you may occasionally receive product
and service information from them. In addition, we may share this information with
third parties that we believe are reputable in order to offer products and services
that may be of interest to you. Finally, we may share this information with outside
vendors and organizations that provide support services to us or that help us with
our marketing programs.
In addition to personal information you provide us, we use technology that lets
us know what type of browser you are using, the Web site from which you enter this
Site, and the pages you view as you tour this Site. This technology does not identify
you personally - it simply helps us compile statistics about our visitors and their
use of our Site. We use these statistics and share them with third parties to improve
our Site design and content and in connection with marketing programs. We intend
to offer our guests only opportunities that will interest them, and we believe they
will welcome the information they receive as a result of visiting our Site. However,
we respect some visitors' preference to limit their E-mail, mail and telephone calls.
If you would prefer not to receive promotional information as a result of using
our Site, we will do our best to remove your name from our marketing programs. We
will act promptly to honor your request. However, even if we remove your name from
use in our marketing programs, you may still receive catalogs and other promotional
materials from us or our affiliated businesses and partners if they obtained your
name before it was removed or from a source other than our Site. We do not knowingly
collect personally identifiable information from children under the age of 18. If
a child has provided us with personally identifiable information, we ask that a
parent or guardian advise us and we will do our best to delete the information from
our files.
By using our Site, you consent to our use of the information about you as described
above. As we implement new technology and introduce new services, we will update
our privacy policy, so we encourage you to review it often.
DISCLAIMERS
THIS SITE IS OPERATED BY HUNTER FAN COMPANY ON AN "AS IS," "AS AVAILABLE" BASIS,
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HUNTER FAN COMPANY, ITS DIVISIONS
AND AFFILIATES (COLLECTIVELY, "HUNTER FAN COMPANY") DISCLAIM ANY AND ALL REPRESENTATIONS
AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED,
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES
NOT APPLY TO ANY PRODUCT WARRANTY OFFERED FOR ANY PARTICULAR ITEM.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THIS
SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, HUNTER FAN COMPANY DISCLAIMS ANY LIABILITY AS TO
THE ACCURACY OR COMPLETENESS OF EACH PRODUCT AND FEATURE DESCRIPTION.
HUNTER FAN COMPANY DOES NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT
ANY WEB SITE YOU MAY ACCESS THROUGH THIS SITE. ANY LINKS TO OTHER SITES ARE PROVIDED
FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS
OR COMMUNICATIONS WITH ANY OTHER WEB SITE.
HUNTER FAN COMPANY MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS
APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL HUNTER FAN COMPANY OR ANY OF ITS EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES
OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS
SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES
OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT,
NEGLIGENCE OR OTHER ACTION IN TORT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY
HUNTER FAN COMPANY BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE
TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT
YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON
LIABILITY IS FOUND TO INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF HUNTER FAN COMPANY UNDER SUCH CIRCUMSTANCES FOR SUCH LIABILITIES THAT
OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THIS SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS
SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS
GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF TENNESSEE, UNITED
STATES OF AMERICA.
2008
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