Welcome to Hotheli.com.
Hotheli.com and its affiliates provide their services to you subject to the
following conditions. If you visit or shop at Hotheli.com, you accept these
conditions. Please read them carefully. In addition, when you use any current or
future Hotheli.com service (e.g., Your Hotheli, Gift Certificates, Auctions,
and Digital Locker) or visit or purchase from any business affiliated with
Hotheli.com, whether or not included in the Hotheli.com Web site, you also will
be subject to the guidelines and conditions applicable to such service or
business. If these conditions are inconsistent with such guidelines and
conditions, such guidelines and conditions will control.
PRIVACY
Please review our
Privacy Notice, which also governs your visit to Hotheli.com, to understand our
practices.
ELECTRONIC
COMMUNICATIONS
When you visit
Hotheli.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices 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.
COPYRIGHT
All content included
on this site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of
Hotheli.com or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is
the exclusive property of Hotheli.com and protected by U.S. and international
copyright laws. All software used on this site is the property of Hotheli.com
or its software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
Hotheli,
Hotheli.com, Hotheli.com & Design, Hotheli.com AUCTIONS, and other
Hotheli.com graphics, logos, page headers, button icons, scripts, and service
names are trademarks, registered trademarks or trade dress of Hotheli.com, Inc.
or its affiliates in the U.S. and/or other countries. Hotheli.com's trademarks
and trade dress may not be used in connection with any product or service that
is not Hotheli.com's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Hotheli.com. All
other trademarks not owned by Hotheli.com or its affiliates that appear on this
site are the property of their respective owners, who may or may not be
affiliated with, connected to, or sponsored by Hotheli.com or its affiliates.
LICENSE AND
SITE ACCESS
Hotheli.com grants
you a limited license to access and make personal use of this site and not to
download (other than page caching) or modify it, or any portion of it, except
with express written consent of Hotheli.com. This license does not include any
resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this
site or its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent of
Hotheli.com. 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 Hotheli.com and our affiliates without express written
consent. You may not use any meta tags or any other "hidden text"
utilizing Hotheli.com's name or trademarks without the express written consent
of Hotheli.com. Any unauthorized use terminates the permission or license
granted by Hotheli.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of Hotheli.com so long as the link
does not portray Hotheli.com, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may not use
any Hotheli.com logo or other proprietary graphic or trademark as part of the
link without express written permission.
YOUR
ACCOUNT
If you use this
site, 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. Hotheli.com does sell products for children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
Hotheli.com only with involvement of a parent or guardian. Hotheli.com and its
affiliates reserve the right to refuse service, terminate accounts, remove or
edit content, or cancel orders in their sole discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, 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, 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." 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. Hotheli.com 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
Hotheli.com and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant Hotheli.com and its
affiliates 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 Hotheli.com or its affiliates for all claims resulting from
content you supply. Hotheli.com has the right but not the obligation to monitor
and edit or remove any activity or content. Hotheli.com takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT
COMPLAINTS
Hotheli.com and its
affiliates respect the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please follow our Notice and Procedure for Making Claims of Copyright
Infringement.
RISK OF
LOSS
All items purchased
from Hotheli.com 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.
PRODUCT
DESCRIPTIONS
Hotheli.com and its
affiliates attempt to be as accurate as possible. However, Hotheli.com does not
warrant that product descriptions or other content of this site is accurate,
complete, reliable, current, or error-free. If a product offered by Hotheli.com
itself is not as described, your sole remedy is to return it in unused
condition.
PRICING
With respect to
items sold by Hotheli.com, we cannot confirm the price of an item until you
order; however, we do NOT charge your credit card until after your order has
entered the shipping process. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If an item's correct price 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.
DISCLAIMER
OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS
PROVIDED BY Hotheli.com ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Hotheli.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, Hotheli.com DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Hotheli.com DOES NOT WARRANT THAT THIS
SITE, ITS SERVERS, OR E-MAIL SENT FROM Hotheli.com ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. Hotheli.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
APPLICABLE
LAW
By visiting
Hotheli.com, you agree that the laws of the state of Nevada, 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 Hotheli.com or its
affiliates.
DISPUTES
Any dispute
relating in any way to your visit to Hotheli.com or to products you purchase
through Hotheli.com shall be submitted to confidential arbitration in Reno,
Nevada, except that, to the extent you have in any manner violated or
threatened to violate Hotheli.com's intellectual property rights, Hotheli.com
may seek injunctive or other appropriate relief in any state or federal court
in the state of Nevada, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The arbitrator's
award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our
other policies, such as our pricing policy, posted on this site. These policies
also govern your visit to Hotheli.com. We reserve the right to make changes to
our site, policies, and these Conditions of Use at any time. If any of these
conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity and
enforceability of any remaining condition.
Notice and
Procedure for Making Claims of Copyright Infringement
If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Hotheli.com's copyright agent the written information specified
below. Please note that this procedure is exclusively for notifying Hotheli.com
and its affiliates that your copyrighted material has been infringed.
An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
A description of the copyrighted work that you
claim has been infringed upon;
A description of where the material that
you claim is infringing is located on the site, including the auction ID
number, if applicable;
Your address, telephone number, and e-mail
address;
A statement by you that you have a good-faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law;
A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Hotheli.com's
Copyright Agent for notice of claims of copyright infringement on its site can
be reached as follows:
Courier address:
Hotheli.com Legal
Department
6200 Lovewood Ct.
Citrus Heights, CA
95621
e-mail:
sales@Hotheli.com
