Terms of Use & Conditions

The use of Linen Salvage Et Cie web website ("Website") indicates your unconditional acceptance of our Terms of use. We reserve the right, to update or revise these terms of use ("Terms of Use"). Your continued use of the website following the posting of any changes to the terms of use constitutes acceptance of those changes. Additionally, Linen Salvage Et Cie Web Website may contain additional terms that govern particular features or offers (for example, sweepstakes or social sharing areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Linen Salvage Et Cie website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB WEBSITE (this "Website"). By accessing or using this Website, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Website.

1.   Use of the Website: You may use the website only in accordance with and subject to these Terms of Use and the Website's Privacy Policy. Once you are registered you have opted-in to receive email communication from us, and in order to remain a Customer of our website, you must agree to receive email from us. You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity of other activity which infringes the rights of Linen Salvage Et Cie, its Brands or Customers. You may not use this Website to:

-Transmit via or through the website any information, data, text, images, files, links, or software except in connection with your authorized use of this website or otherwise in response to specific requests for information by us.

-Introduce to the Website or any other computer or website viruses, worms, Trojan horses and/or harmful codes.

-Obtain unauthorized access to any computer system, including without limitation access to any API that may be provided by Linen Salvage Et Cie Inc. in a manner not authorized by Linen Et Cie Inc..

-Transmit or broadcast any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

-Impersonate any other person including but not limited to, a registered user of this Website or an employee of Linen Salvage Et Cie Inc..

-Cause or violate use any personal or proprietary right, including intellectual property rights, of any person or entity.

-Use false e-mail addresses or misrepresent the identity of a user or use a false e-mail address.

-Tamper with or obtain access to this Website or any component of this Website.

-Conduct fraudulent activities

-Collect, procure or harvest information regarding other users of the Website for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

-Abuse special discounts, awards or incentives offered by Linen Et Cie Inc.

2.   Customer Eligibility: The Website is available to Customers who are 18 years and older, residents of the United States, and who have not been suspended by Linen Et Cie Inc. for any reason. By becoming a Customer you represent that you are of legal age and that you reside in the United States. If you do not qualify, you may not use the Website. As a Customer, you agree to provide true accurate, current and complete information about yourself as prompted by the Website's registration form. You agree to use the Website for your own personal use and not for commercial purposes. Without limitation, use of the website by employees or agents of a commercial enterprise in the course of their employment or agency is a prohibited commercial use.

Customers may not have more than one active account. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.

3.   Additional Terms and Conditions: Additional terms and conditions may apply to specific portions of the Website or your Customer which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of the Website or your Customer, the latter terms shall control with respect to your use of that portion of the Website or your Customer.

 

4.   Proprietary Rights: You acknowledge and agree that the content materials and other components (including but not limited to logos, graphics, button icons and page headers) available on the Website are the property of Linen Et Cie Inc. and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. If you give feedback to us regarding the Website, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Website without compensation to you. We reserve all rights in and to the Website unless we expressly state otherwise.

 

5.   Prohibited Use:

-You agree not to distribute, copy, sell, license, rent, modify, reproduce, transmit publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Website.

-Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.

-You may not decompile, reverse engineer, disassemble, or otherwise reduce the Website to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.

d) You may not copy, screenshot, frameset, enclose or otherwise distribute any part of the Website.

6.   Autonomous Vendors: Linen Salvage Et Cie. may rely upon a network of independent vendors who supply some of the goods advertised on the Website and many cases, drop ship them directly to the Customer.  Independent Vendors are solely responsible for the content of advertisements and the goods that they sell through the Website.  Without limitation, Linen Et Cie Inc. is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Website, or items advertised on the Website, by our vendors, even if appearing on the Website or in emails from us. Nothing on the Website shall be deemed to confer on any person any license or right on the part of Linen Salvage Et Cie Inc. or any supplier with respect to any such image, logo or name.

7.   User Content: You are solely responsible for any User Content you post to the Website, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Website. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include sharing, posting, uploading, submitting or otherwise providing User Content in any manner in connection with the Website. If you post User Content, you are making a guarantee to us that you either own all the content you are posting in the User Content, or you have the right to post the content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Website without requiring that any such use be subject to additional obligations or terms. If you do not have these rights, do not post our User Content.

8.   Your User Content: You do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-license-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and our business, in any media formats or in tangible form and through any media channels now known or hereinafter developed. You also grant each user of the Website a non-exclusive royalty-free, fully-paid, sub-license-able and transferable license to access your User Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Website and under these Terms of Use.

9.   Prohibited Content: If we allow you to upload User Content, you may not:

a)   Provide User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trade secret, privacy, publicity, or any other proprietary right;

b)   Forge headers or manipulate other identifiers in order to disguise the origin of any User Content you provide;

c)   Provide any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;

d)   Provide User Content that are illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially, socially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

e)   Impersonate anyone else or lie about your affiliation with another person or entity in your User Content;

f)    Use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks in your User Content; or

g)   Provide User Content which disparage us or our partners, vendor or affiliates.

We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.

 

10.   Your User Content Becomes Public: You understand that once you post User Content, Your Content Becomes Public record. We are not responsible for keeping any User Content confidential. So, if you don't want the whole world to see it, Do Not post it on the Website. In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Linen Et Cie Inc., its users or the public as required or permitted by law.

11.   We Are Not Responsible for User Content: We generally do not review any of the User Content posted by our Customers. We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in User Content. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any User Content. You may be offended by User Content that you see on the Website. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Website, including your exposure to User Content.

12.   Purchasing: Linen Salvage Et Cie Inc. works with outside providers for maintenance of the Linen Salvage Et Cie Inc. website. Linen Et Cie Inc. and its partners strive for complete accuracy in description and pricing of the products on the website, however, due to the nature of the internet occasional glitches or mistakes may cause inaccuracies to appear on the website. Linen Et Cie Inc. has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price you may be refunded the overcharge and the item will ship for the correct price. If the displayed price is less than the actual price, Linen Salvage Et Cie Inc. will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price.

13.   Suggested Retail Prices: Linen Et Cie Inc. displays suggested retail prices for goods offered on the Website based on pricing information provided by vendors and manufacturers, and we make no assurances about the reliability or accuracy of any such information listed on the Website.

14.   Links to Third Party Webwebsites: This Website may contain links to other webwebsites on the internet. You acknowledge that we have no control over such webwebsites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked webwebsite. In no event shall any reference to any third party, third party webwebsite or third party product or service be construed as an approval or endorsement by us of that third party, third party webwebsite or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other webwebsites.

15.   Indemnification: By using this Website, you agree to indemnify, hold harmless and defend Linen Salvage Et Cie Inc. their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of the Website; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Linen Salvage Et Cie Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

16.   Disclaimer of Warranty: THE WEBSITE, ITS CONTENT AND ALL TEXT, IMAGES MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT SPECIFICALLY, BUT WITHOUT LIMITATION, LINEN ET CIE INC. DOES NOT WARRANT THAT (1)THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (2)THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (3) DEFECTS WILL BE CORRECTED OR (4) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

17.   Limitation of Liability: IN NO EVENT SHALL LINEN SALVAGE ET CIE INC. OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR OTHERWISE, EVEN IF LINEN ET CIE INC. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. IN NO EVENT SHALL THE TOTAL LIABILITY OF LINEN ET CIE INC. OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID TO LINEN SALVAGE ET CIE INC. IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LINEN SALVAGE ET CIE INC. OR THEIR RESPECTIVE OFFICERS DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF LINEN ET CIE INC..

You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.

18.   Not Intended for International Use: We make no representation that information on this Website is appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use, export or re-export any User Content or any copy or adaptation of such User Content, or any product or service offered on the Website, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

19.   Risk of Loss: The items purchased from our Website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.  We will do everything in our power to solve any issues related to delivery of your products.

20.   Third Party Vendors: Linen Salvage Et Cie Inc. is not affiliated with websites or  third parties that sell or advertise our products or the Website. Linen Salvage Et Cie Inc. reserves the right to void all service, return, and other policies for orders and Linen Salvage Et Cie Inc. products that were purchased through unauthorized sellers or  sellers that violate Linen Salvage et Cie. policies. Linen Salvage Et Cie Inc. is not responsible for any representations by third party vendors.

21.   Unavailability of Website: We may alter, suspend, or discontinue this Website in whole or in part, at any time and for any reason, without notice or cost. We may in our sole discretion, terminate or suspend your use or access to all or part of the Website, or your account or Customer for any reason, including without limitation, breach of these Terms of Use.  Also, we may decide to cease making available the Website or any portion of the Website at any time and for any reason. In addition, you acknowledge that temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will Linen Salvage Et Cie Inc. or its suppliers be held liable for any damages due to such interruptions or lack of availability.

22.   Termination: If at any time, we notify you that your access to and/or use of the Website or your account is terminated, you must cease and desist from all such access and/or use immediately. If we terminate your use of the Website for failure to comply with these Terms of Use or otherwise for cause, we will not refund any fees you may have paid for goods we have shipped. You understand that we may also continue to make your User Content available on the Website even if your use of the Website is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Website.

We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or your Customer or account are terminated the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination.

23.   Copyright Infringement: Notice and Take Down Procedures: Notice and Take Down Procedures: If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature of the copyright holder or an authorized representative and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. Our contact for copyright issues relating to this Website is:  info@linensalvage.com

24.   Choice of Law and Forum: These Terms of Use and any dispute of any sort that might arise between you and Linen Salvage Et Cie Inc. or its subsidiaries, agents employees or affiliates shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of law principles, as it is applied to agreements entered into and performed therein, and excluding the United nations Convention on Contracts for the Sale of Goods, as amended from time to time. You and Linen Salvage Et Cie Inc. agree that any such claims, causes of action or disputes shall be brought exclusively in courts located within the county of Los Angeles, California, and you and Linen Salvage Et Cie Inc. agree to submit to the personal and exclusive jurisdiction of such courts. You consent to the jurisdiction of such courts and irrevocably waive any objection including without limitation any objection to the laying of venue or based on the grounds of forum non-conveniens which you may now or hereafter have to the bringing of any such action or proceeding in such jurisdiction. 

25.   Damages: In addition to any injunctive relief, you agree to pay to Linen Salvage Et Cie Inc. the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these Terms of Use for which you bear responsibility; EXCEPT you acknowledge that, for certain Terms of Use violations, actual damages would be extremely difficult or impossible to quantify. Consequently, for such Terms of Use violations, you agree to pay liquidated damages to Linen Salvage Et Cie Inc. as described below.  Furthermore you agree that the amounts of liquidated damages described therein are reasonable estimates of Linen Salvage Et Cie Inc.'s damages for such violations, and that liquidated damages for violations of the Terms of Use are and will be cumulative.

For purposes of calculating liquidated damages:  "Item of Content" means each instance of content of any type posted to, stored on or transmitted via the Website by any user; and "Instance of Unauthorized Conduct" means each individual time Linen Et Cie Inc.'s servers are accessed in connection with or in facilitation of a violation of the Terms of Use.  With respect to the Instances of Unauthorized Conduct enumerated in paragraphs 1(c) and 1(j) above or for continuing to access the Website after notification pursuant to paragraph 23 that access and use of the Website terminated, each day that Linen Salvage Et Cie Inc.'s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

a)   For violating Sections 1(a), 1(d), 1(g), 1(h), 1(l), 5(a), 5(b), 5(d) or any part of Section 9 of these Terms of Use, you agree to pay $1000 for each Instance of Unauthorized Conduct and for each prohibited Item of Content;

b)    For violating Sections 1(c), 1(e), 1(f), 1(j) and 1(k) of these Terms of Use, you agree to pay $10,000 for each Instance of Unauthorized Conduct;

c)   For violating Sections 1(b), 1(i), or 5(c) of these Terms or Use, or continuing to access or use the Website after your account has been terminated pursuant to Section 23 or after you have been suspended or removed from using the Website pursuant to the first paragraph of Section 2, you agree to pay $20,000 for each Instance of Unauthorized Conduct.

26.   Miscellaneous: Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Linen Salvage Et Cie Inc. with respect to the Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Linen Salvage Et Cie Inc. with respect to the Website. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Linen Salvage Et Cie Inc. to act with respect to a breach by you or others does not waive Linen Salvage Et Cie Inc.'s right to act with respect to subsequent or similar breaches. Linen Salvage Et Cie Inc.'s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use. These Terms of Use, and any rights and licenses granted under these Terms of Use, may not be transferred or assigned by you, but may be assigned by us without restriction. We won't be liable to you for any delay or failure to perform any obligation we have under these Terms of Use if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Post: Sept 1, 2017