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Terms of Use

TERMS OF USE

Last Modified: 8/31/2018

WELCOME TO GRYPHON

Welcome to our website. WestPoint Home requests that you carefully read our Terms of Use and Privacy Policy before using this website or purchasing products through the website.

Please read the Terms of Use carefully before using the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, as well as our Shipping & Return Policy, which are incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use this Website.

This website is offered and available to users who reside in the United States. You may terminate this agreement by immediately exiting the Site and neither accessing it again nor making purchases through it. WestPoint Home may terminate this agreement by refusing you access to the Site.

ELECTRONIC SIGNATURES

By using the Website, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

CHANGES AND UPDATES

WestPoint Home is consistently working to improve your online shopping experience. WestPoint Home reserves the right to change, move or delete portions of, or add to, the Website from time to time without notice to you. WestPoint Home may also revise and update these Terms of Use from time to time in our sole discretion, with our without providing you with notice of such changes. Please check back regularly for changes and updates. Your use of the Website following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, WestPoint Home recommends that you read these Terms of Use each time you visit the Website.

CONSENT FOR COMMUNICATIONS

By providing your telephone number, you are providing express written consent to receive communications from WestPoint Home, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to marketing various services from both WestPoint Home and companies WestPoint Home has joint marketing agreements with. Additionally, you agree to receive communications from WestPoint Home regarding your any service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that WestPoint Home is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.

ACCESS AND USE OF THE WEBSITE

WestPoint Home grants you a limited license to view and use the Website and to print individual pages from the Website for your personal, non-commercial use.

Contents of the Website are intended solely for personal, non-commercial (other than purchases of products made through the Website) use by visitors to the Website. This is a license, not a transfer of title, and is subject to the following restrictions: you may not (a) modify the content of the Website for any commercial purpose, (b) decompile, reverse engineer, or disassemble any technology which makes up the Website, (c) remove any copyright notice or other proprietary notices from the content on the Website, (d) sublicense any license granted in or to materials on the Website (whether or not any of such acts are for commercial gain or advantage), or (e) allow anyone else to copy any portion of the content of the Website.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation; or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violativeviolation of third party privacy rights.
  • To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WestPoint Hone without express written consent.
  • To impersonate or attempt to impersonate WestPoint Home, a WestPoint Home employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restrict or inhibit anyone’s use or enjoyment of the Website, or which, as determined by us, may harm WestPoint Home or users of the Website or expose them to liability.
  • Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any WestPoint Home server through hacking, password mining, or any other means.
  • Access the Website in order to build a competitive product or service, or copy any features, functions or graphics of the Services.
  • Otherwise attempt to interfere with the proper working of the Website.

Materials provided on the Site are provided as a service to WestPoint Home’s customers to be used for informational purposes only. WestPoint Home makes no representations about the suitability of such materials for any purpose.

YOUR RESPONSIBILITIES

You shall comply with all applicable laws (including but not limited to export laws) in using the Website; and use the Website solely in accordance with any online policies, guides, or instructions made available on or through the Website. You shall not disclose or share any ID(s) and password(s) used to access this Website. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to monitor strictly use of the Website under your ID(s) and password(s). You agree to notify WestPoint Home in writing promptly upon becoming aware of any unauthorized access or use of the Website.

PRODUCT INFORMATION AND ORDERING FROM THE WEBSITE

Unless indicated otherwise, most products featured on the Website will be available in selected WestPoint Home stores while supplies last. The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only in the United States. When ordering from the Website, please follow all ordering instructions carefully.

It’s our goal to display the most accurate prices possible; however, if you notice an inconsistency, please consult the Website.

WestPoint Home has made a conscientious effort to display its products on the Website accurately so that you can get a good idea of the color, design, texture, sizes, look and configuration of the product featured. However, the detail and accuracy of the image of products that you see as a visitor to the Website will depend on a number of things, including your computer equipment and Internet connections. Consequently, WestPoint Home cannot and does not guarantee that the product images available to you on its Website are accurate in every detail.

PURCHASING FROM THE SITE

Most of the products featured on the Site can be purchased by you through the Website. When ordering, please follow the instructions carefully. If you ever have a question about any order you have made from the Website, please contact Gryphon Home by email under “Contact Us” on our Customer Service page on the Site or by phone at 888-466-1575.

Gryphon Home will send you a confirmation email of any order you place on the Website; however, your receipt of an electronic or other form of order confirmation does not necessarily signify WestPoint Home's acceptance of your order, nor does it constitute confirmation of WestPoint Home's offer to sell. WestPoint Home reserves the right at any time after receipt of your order to accept or decline your order for any reason. WestPoint Home reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified and your credit card will not be charged. WestPoint Home may require additional verifications or information before accepting your order. WestPoint Home is a seller to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by WestPoint Home.

WestPoint Home will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the following states: AL, AR, FL, GA, KY, LA, MD, MO, MS, NC, NY, OK, PA, SC, TN, TX, VA, WI and WV. Each customer will be solely responsible for all sales taxes, use taxes or other taxes on orders shipped to any other state.

South Carolina residents who are age 85 or older are entitled to a 1% South Carolina state sales tax reduction if requested on items purchased for personal use. Upon customer request, WestPoint Home will accommodate the sales tax reduction after the completed transaction. Please telephone 888-466-1575 to request the sales tax reduction. Be prepared to reference your order number and provide proof of your age.

Any deliveries requested for addresses outside the U.S. are subject to refusal by WestPoint Home.

Please see our Shipping & Return Policy for further information regarding ordering products from our Website.

WESTPOINT HOME OWNS THE CONTENTS OF THE SITE

Unless otherwise noted, “WestPoint Home Proprietary Material” includes all information, trademarks, trade dress, software, content, advertisements, and other materials on the Website, except proprietary material contained in websites linked to the Website. WestPoint Home Proprietary Material is the exclusive property of WestPoint Home. WestPoint Home Proprietary Material includes, but is not limited to, the WestPoint Home®, WestPoint Hospitality®, Grand Patrician®, Martex®, Luxor®, Vellux®, Modern Living®, Seduction®, Utica®, Color Solutions®, EcoPure®, Nostalgia Home®, Continuous Color®, Stay White®, Flatiron®, DreamSpun®, Intelliweave®, Simply Cotton®, Dry Fast®, Five Star Hotel Collection®, and all other trademarks and service marks owned by WestPoint Home, images, illustrations, designs, icons, photographs, video clips and written information that appears on the Website. WestPoint Home Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms of Use, WestPoint Home grants no express or implied right to use any WestPoint Home Proprietary Material. All other trademarks and logos appearing on this Website (including those third party vendors and distributors) are the property of their respective owners.

COMPLIANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  3. Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the content;
  4. Information reasonably sufficient to permit us to contact the complaining party;
  5. A statement that the complaining party has a good faith belief that the use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries and notices under the Digital Millennium Copyright Act, please contact our Copyright Agent at:

Gryphon Home
Attn: Copyright Agent
28 East 28th Street
New York, NY 10016
[email protected]

INDEMNIFICATION BY YOU

By using the Webite, yYou agree to indemnify, defend and hold harmless WestPoint Home and its affiliates, officers, directors, employees and contractors from and against any and all demands, claims, damages, liabilities, judgments, awards, losses, costs, expenses or harms, including attorneys’ fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

LIMITATION OF LIABILITY

You acknowledge and agree that under no circumstances will WestPoint Home or any of its affiliates be liable under contract, tort, negligence, strict liability or any other legal or equitable theory, with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) resulting from your access or use of (or inability to access or use) our Website or its content, even if WestPoint Home and its affiliates have been advised of the possibility of such claims or damages.

DISCLAIMERS

YOUR USE OF THE WEBSITE, ITS CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK AND THAT, UNDER NO CIRCUMSTANCES, WILL YOU HOLD WESTPOINT HOME OR ANY OF ITS AFFILIATES LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT ON OUR WEBSITE OR FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT ON OUR WEBSITE. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WESTPOINT HOME NOR ANY PERSON ASSOCIATED WITH WESTPOINT HOME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

TO THE FULLEST EXTENT PROVIDED BY LAW, WESTPOINT HOME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, 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.

GOVERNING LAW

The Website is controlled and operated by WestPoint Home from its offices in New York, New York. This agreement will be construed in accordance with the laws of the state of New York without regard to any conflict of law provisions.

ARBITRATION AND VENUE

Any controversy or claim arising out of, or relating to, these Terms of Use, or breach thereof, shall be settled by binding arbitration in accordance with the governing law as determined by these Terms of Use, the Federal Arbitration Act (insofar as it governs the arbitrability of such controversy or claim), and the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association in the New York City, New York. Three qualified arbitrators shall be appointed in accordance with the Commercial Arbitration Rules (excluding Expedited Procedures) of the American Arbitration Association and these Terms of Use. Such qualified arbitrators shall be members of the State of New York bar and shall have at least five years of experience in the law relevant to the dispute in question. Each party shall have the right of discovery as set forth in the Federal Rules of Civil Procedure. A stenographer shall be present at the arbitration proceedings and the stenographic record shall be the official record of the proceeding. The arbitrators shall provide written findings of fact and conclusions of law in justification of any arbitration award. The Company shall have the right of appeal of any decision by the arbitrators by filing a request for reconsideration of any arbitration decision with the American Arbitration Association. Upon receiving such a request, the American Arbitration Association shall reconsider the matter de novo using the foregoing procedures. Should the arbitration award be inconsistent with the governing law as specified by these Terms of Use, the Company may immediately appeal the arbitration award to any court of competent jurisdiction over the Company. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction over the parties, unless a subsequent request for reconsideration has been filed by the Company under this Section, or the award has been appealed to a court of competent jurisdiction under this Section.

The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the “class action waiver”). Except for this class action waiver, this clause may be severed or modified if necessary to render it enforceable under the Federal Arbitration Act.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website, and allowed pursuant to this Section, shall be instituted exclusively in the federal courts of the United States in the New York City, New York or the courts of the State of New York located in New York City, New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by WestPoint Home of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the WestPoint Home to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect.

SANCTIONS AND EXPORT CONTROLS

Sanctions and Export Controls. This license agreement is expressly made subject to any laws, regulations, orders or other restrictions which may be imposed by the Government of the United States of America on the transaction of business activities with certain countries or nationals or residents of certain countries. The Website and any products advertised on the Website for sale are not available through WestPoint Home to any Restricted Entity (as defined below). You represent and warrant that neither you nor your organization is a Restricted Entity nor are you or your organization using the Website on behalf of or for the benefit of a Restricted Entity. "Restricted Entity" shall mean any individual or organization owned or controlled by, or acting as an agent for, any person or entity with whom a U.S. citizen, national, or company organized under the laws of or operating in the U.S. is prohibited from engaging in transactions by U.S. laws, including without limitation, a person on the Specially Designated Nationals List published by the U.S. Department of the Treasury's Office of Foreign Assets Control.

CONTACTING US

Any questions regarding these Terms of Use may be directed to:

Gryphon Home
Attn: E-Commerce Dept.
28 East 28th Street
New York, NY 10016
[email protected]