Your browser has cookies disabled, and this site will not work as intended. Please see http://www.whatarecookies.com for more information.

Terms of Use

Last Updated February 2021


Please carefully read these Terms of Use before using the JHilburn.com Website (the "Site"). By accessing this Site, you agree to be bound by these Terms of Use and our Privacy Policy. These Terms of Use and our Privacy Policy may be updated from time to time, in our sole discretion. Accordingly, you should check the date of the Terms of Use and our Privacy Policy and review any changes since the last version. If at any time you do not agree to these Terms of Use or our Privacy Policy, please do not use this Site. This Site is operated by J.Hilburn LLC ("J.Hilburn"). Throughout the Site, the terms "we", "us" and "our" refer to J.Hilburn. J.Hilburn offers this Site, including all information, tools, products, and services available from this Site, to you, the user, conditioned upon your acceptance of, and agreement to, all the terms, conditions, policies and notices stated in these Terms of Use and in our Privacy Policy, and your use of our Site or placing an order with us constitutes your acceptance and agreement of these Terms of Use and our Privacy Policy.

Eligibility

You must be at least 18 years old (or, if older, the age of majority in the jurisdiction in which you live) to use the Site. If you are under this age and would like to use our Site or order products from us, we require that you have an adult do so for you.

Accuracy, Completeness and Timeliness of Information on This Site

J.Hilburn makes no guarantees, warranties, or representations concerning the accuracy, reliability, fitness for any particular purpose, or completeness of our Site, including any information on our Site. The Site, including all content on the Site, is provided on an “as is, where is” basis, and all warranties, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or noninfringement, are disclaimed to the fullest extent permitted by law.

The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Site.

Orders and Pricing

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, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. 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 charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

Policies

Our Return, Remake & Alteration Policy is located here and is incorporated into these Terms of Use.

Any other policies set forth in our Site, or otherwise communicated to you, including but not limited to policies related to contests or other promotions, are all part of and subject to these Terms of Use.

Proprietary Rights and Use of 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 and owned by J.Hilburn, its licensors 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 the Site for your personal and non-commercial use only, 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 the 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 person's registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. J.Hilburn, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a limited license that is revocable at any time in J.Hilburn's sole discretion. J.Hilburn neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with J.Hilburn.

Conduct on the Site

Some features that may be available on this Site require registration. By registering at and in consideration of your use of the Site you agree to provide 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 or become aware of any loss, theft or unauthorized use of your password, 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. 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 our trademarks or 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 or its affiliates and others of 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. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. 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.

Jurisdiction and Applicable Law

The laws of the State of Texas without giving effect to any conflict of law provisions govern these Terms of Use and our Privacy Policy, as well as any other aspect of your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in Dallas County, Texas, and you agree that any and all claims (whether legal or equitable, whether sounding in tort, contract, or arising from statute or any other source) shall be brought in Dallas County, Texas. If for any reason your jurisdiction prohibits your use of or access to this Site or your ability to agree to these Terms of Use or our Privacy Policy, you should not use this Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them, and J.Hilburn disclaims all responsibility for any violations of law resulting from you accessing or using this Site or downloading any portion thereof.

Severability

If any provision of these Terms of Use are found unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place and enforceable, and such provision will be deemed stricken herefrom.

Indemnification

You hereby agree to indemnify, defend, and hold harmless J.Hilburn, as well as its officers, directors, employees, agents, licensors, suppliers, and third-party information providers, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and litigation expenses, arising from or relating to your use of the Site or your violation of these Terms of Use or of our Privacy Policy.

Limitation of Liability

In the context of any dispute arising from or relating to this Site, J.Hilburn shall not be liable for any indirect, special, incidental, consequential, punitive or exemplary damages, regardless of whether any such claim is based on a theory or theories of breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action. J.Hilburn’s total liability to you is limited to the amount you paid to J.Hilburn for the J.Hilburn product or service that caused the issue. J.Hilburn’s liability will be so limited even if we are advised in advance of the possibility of such damages.

No Waiver

Any failure by J.Hilburn to insist upon or enforce strict performance of any provision of these Terms of Use or its Privacy Policy shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or our Privacy Policy. J.Hilburn may assign its rights and duties under these Terms of Use or its Privacy Policy to any party at any time without notice to you. You may not assign these Terms of Use or any of your rights or duties under these Terms of Use.

Want to be a part of our exclusive Client list, with first looks at new products, special event invites and offers?
Sign Up