J. Hilburn, Inc. respects your privacy. Consistent with our commitment to providing you with a satisfying shopping experience, we have found that collecting Personal Information (defined below) through www.JHilburn.com (the "Site") and our affiliate sites (listed at the bottom of this document) helps us determine the best products and services for you. Our Privacy Policy describes the types of information we gather online and through our style advisors and how we use this information. Please read this Policy carefully.
By accessing the Site and shopping through our style advisors, you agree to be bound by the Privacy Policy. The Policy may be updated from time to time, so make sure to check the date of this Policy (which appears at the top of this page) and review any changes that were made since the last version. If you do not agree to the terms of this Privacy Policy, please do not use this Site and refrain from purchasing from us.
Use of Information Collected by Us
J. Hilburn may collect two types of information about our customers: "Personal Information" (such as name, email address, mailing address, phone number, credit card number, and items purchased) and "Aggregate Information" (such as information about how many users log on to our Site every day and the frequency of customer visits to the Site).
We use customer information in an effort to improve your shopping experience and communicate with you about our products, services, promotions, and contests. We may also use this information to target specific products and services to you, provide you with special offers, and help us improve our Site and tailor it to your interests.
Personal Information Collected Online by JHilburn.com
J. Hilburn (or Independent Sales Consultants on our behalf) may collect Personal Information when users voluntarily register on the Site to purchase items, receive electronic newsletters, use community and communication services, answer surveys, and enter contests and other promotional opportunities. We also collect Personal Information when customers make a purchase or utilize the "Email to a Friend" feature, and maintain a record of customers’ product interests and purchases online. We may receive personal usage and demographic information from our style advisors and from third parties we work with.
Order-Related and Promotional Email
You agree that JHilburn.com is authorized to transmit email to you for the purpose of communicating with you about your transaction. JHilburn.com and its affiliates may also offer electronic newsletters and promotional emails to customers who have agreed to receive such emails during registration or directly from our email sign-up form. You have the option to unsubscribe at any time and instructions are included in every promotional email.
Sharing Information with Third Parties
JHilburn.com does not share, sell, or trade your Personal Information with third parties. Information such as your email address or data collected as part of an online survey remain strictly private except with your consent or as described in this Privacy Policy. JHilburn.com does not contribute to or participate in cooperative databases that provide other companies with access to such Personal Information.
JHilburn.com and our affiliate sites may divulge Personal Information if such action is required for J. Hilburn (or any of our service providers or consultants) to comply with the law (e.g., subpoena, search warrant, statute or court order, or any valid administrative request from a law enforcement agency). We may also divulge Personal Information if we (or any of our service providers or consultants) believe that such disclosure is necessary to address any acts that are unlawful or may endanger the health or safety of another customer or the general public.
Service Providers, Consultants, and Affiliates
JHilburn.com may share Personal Information and Aggregate Information with our service providers, consultants, and affiliates for internal business purposes.
Use of Cookies
A cookie is a small data file that websites store on your hard drive to keep track of the pages you have visited. It may contain information such as your unique user ID. JHilburn.com uses cookies to preserve the contents of your shopping bag between your visits. JHilburn.com also uses cookies to measure activity on our Site, which allows us to determine the most popular areas and features. This information allows us to make improvements and updates to enhance your JHilburn.com experience. Parts of the Site will not function if you do not enable cookies on your computer, such as the members-only areas (e.g., shopping). You can set your browser to refuse cookies or to alert you when cookies are being sent. However, if you refuse or turn off cookies, you will not be able to make a purchase from the Site, nor will we be able to recognize you as a registered user to allow you access to your account information.
You can enable or disable cookies on your browser by consulting your browser documentation or contacting your software provider.
Use of Pixel Tags/Clear GIFs/Web Beacons
A pixel tag (also known as a clear GIF or web beacon) is an invisible tag placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous website visit.
Security and SSL
Protecting your order information is our priority. We use Secure Sockets Layer (SSL) technology to protect the security of your online order information. To check the security of your connection, look at the lower right-hand corner of your browser window after accessing the server. If you see an unbroken key or a closed lock (depending on your browser), then SSL is active and your connection is secure. You can also confirm this by looking at the URL line of your browser. When accessing a secure server, the first characters of the Site address will change from "http" to "https." Some versions of browsers and some firewalls don't permit communication through secure servers. In that case, you won't be able to connect to the server and therefore won't be able to place an order through a secure connection. If you cannot access the secure server for any reason, please print your shopping bag and place your order by phone at 866-789-5381.
Information Removal/Opt-Out
If you prefer not to receive marketing emails from JHilburn.com or our affiliate sites, please let us know by clicking on the “unsubscribe” link within any marketing email you receive from us. If you prefer not to receive marketing mail via the mail carrier, please let us know by sending a request to: J. Hilburn, 2601 West Mockingbird Lane, Suite 100, Dallas, Texas 75235. Please be sure to include in any email or postal mail your full name, email address, postal address, and your opt-out request. Please note that such requests may take up to ten (10) days to become effective.
Links to Other Sites
JHilburn.com and our affiliate sites may contain links to third party sites. Those sites may have their own privacy policy or no privacy policy at all. Neither J.Hilburn.com nor any of our service providers take responsibility for the content of these sites, or otherwise endorse or recommend the products or services offered. The links are provided solely for our customers’ convenience and may be links to advertisers, content providers, or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use it in a way inconsistent with our Privacy Policy. We encourage you to review the privacy policies and terms of use of any third party sites or services before sharing any of your Personal Information.
Additional Information
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of JHilburn.com to unlawfully intercept or access transmissions or private communications. Although protecting your Personal Information is our priority, neither JHilburn.com nor any of our service providers can guarantee the security of any information you transmit to us over the Internet. All such transmissions are done at your own risk.
Limitation on Liability
IN NO EVENT SHALL JHILBURN.COM OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Applicable Law
The laws of the State of Texas will govern these disclaimers, terms, and conditions without giving effect to any principles of conflict of law.
Affiliate Sites
The above Privacy Policy refers to sites owned and managed by J. Hilburn, Inc.
Terms of Use & Copyright
Terms of Use
Please read the following Terms of Use carefully before using the Site, because by accessing this Site you agree to be bound by these Terms. The Terms of Use may be updated from time to time so you should check the date (which appears at the end of this document) and review any changes since the last version. If at any time you do not agree to the Terms of Use, please do not use this Site.
This Web site is operated J. Hilburn, Inc. ("J. Hilburn"). Throughout the Site, the terms "we", "us" and "our" refer to J. Hilburn. J.Hilburn offers this Site, including all information, tools, and services available here, to you (the user) conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. Your continued use of the Site constitutes your agreement to the Terms of Use.
Accuracy, Completeness, and Timeliness of Information on This Site
JHilburn.com is not responsible for information that is inaccurate, incomplete, or not current on this Site. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Orders, Prohibition on Reselling, and Price
The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order (or any portion thereof) at our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. Dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your order is canceled after your credit card has been charged, we will issue a refund to your credit card account.
Use of Material on this Site
All content on this Site (including without limitation: text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is the exclusive property of J. Hilburn or its content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the material contained on this Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of content on this Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Site, or use of the Site for purposes competitive to J. Hilburn, is expressly prohibited. J. Hilburn reserves the right to refuse or cancel any user’s registration for this Site, to remove any user from this Site, or prohibit any user from using this site for any reason whatsoever. J. Hilburn (and its licensors and content providers) retain full and complete title to the material provided on this Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time at J. Hilburn’s sole discretion. J. Hilburn neither warrants nor represents that your use of materials on this Site will not infringe the rights of third parties not affiliated with J. Hilburn.
You may not use contact information provided on this Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper function of the Site or to surreptitiously intercept any system, data, or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. J. Hilburn reserves the right, at its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which J. Hilburn may be entitled, at law or in equity.
Conduct on the Site
Some features that may be available on this Site require registration. By registering on the Site, you agree to provide true, accurate, current, and complete information about yourself.
Some features on this Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe that your password has been lost or stolen, notify J. Hilburn immediately. J. Hilburn may assume that any communications J. Hilburn receives under your password have been made by you unless J. Hilburn receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags without our written consent. These marks include (but are not limited to) "J. Hilburn". You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without J. Hilburn’s express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without J. Hilburn’s express written consent.
Links
This Site may contain links to other Web sites, some of which are operated by J. Hilburn, and others which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. J. Hilburn has not necessarily reviewed all of the information on third party sites and is not responsible for the content, products, or services provided on those sites. Inclusion of links to other sites should not be viewed as an endorsement of their content. Different terms and conditions may apply to your use of any linked sites. J. Hilburn is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos, and service marks displayed on this Site are registered and unregistered trademarks of J. Hilburn, Inc. or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting (by implication, estoppel, or otherwise) any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. J. Hilburn reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content (including but not limited to: text, design, graphics, interfaces and code, and the selection and arrangement thereof) is protected as a compilation under the copyright laws of the United States and other countries.
DISCLAIMERS
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. J. HILBURN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY COMPUTER SYSTEM DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM J. HILBURN OR THROUGH OR FROM THE SITE) SHALL CREATE ANY WARRANTY OF ANY KIND. J. HILBURN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER J. HILBURN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, J. HILBURN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF J. HILBURN, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER J. HILBURN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH J. HILBURN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND J. HILBURN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless J. Hilburn and its affiliates (and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers) from and against any and all losses, liabilities, expenses, damages, and costs (including reasonable attorneys’ fees and court costs) that arise or result from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption to the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs that arise or result from that disruption. J. Hilburn reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with J. Hilburn in the defense of such matter.
Jurisdiction and Applicable Law
The laws of the State of Texas govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the County of Dallas for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Texas and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Changes to These Terms of Use
We reserve the right, at our sole discretion, to change these Terms of Use at any time by posting revised Terms on the Site. It is your responsibility to periodically check for these revisions and updates. Your continued use of this Site following the posting of changes to the Terms of Use or other policies implies that you accept the changes.
In the event that we make material changes to the Terms of Use, notice of these changes will be posted on the homepage of this Site and the revised Terms of Use will take effect thirty (30) days after their publication on this Site.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and J. Hilburn with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.
If you have any questions or comments about these Terms of Use or this Site, please contact us by:
Phone: 866-789-5381
Online: www.JHilburn.com
Last Revision: November 06, 2009
Thank you for visiting www.JHilburn.com.
