Terms and Conditions
Hotel Down Pillows was created to assist fellow travelers in locating the bedding that they enjoyed at their favorite hotel. At Hotel Down Pillows, we are pleased to offer you genuine hotel bedding from Pacific Coast Feather Company, the leading supplier of down bedding including down pillows, down comforters, and featherbeds, to many 4-star and 5 star hotels across the country. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to, and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Copyright:
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright© 2007 Hotel Down Pillows and/or its licensors. You are granted a limited, non-sub licensable right to access this Site and print the Materials for your personal, non-commercial, and informational use only.
The foregoing license grant does NOT include the right for you to:
- Publish, publicly perform or display, or distribute to any third party any Materials, including reproduction on any computer network or broadcast or publications media
- Market, sell or make commercial use of the Site or any Materials
- Systematic collection and use of any data or content including the use of any data spiders, robots, or similar data gathering, mining or extraction methods
- Make derivative uses of the Site or the Materials
- Use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site or any text or the layout/design of any page or form contained on a page)
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Hotel or any third party. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Trademarks:
The Hilton® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Hilton®” bedding products sold by Hotel Down Pillows are the same as found in many Hilton® properties. The use of the Hilton® name is not intended to imply any contractual relationship with Hilton® or any endorsement from Hilton®. Pacific Coast® products found in Hilton® properties are not manufactured by Hilton®; they are manufactured by Pacific Coast Feather Company.
The Marriott® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Marriott®” bedding products sold by Hotel Down Pillows are the same as found in many Marriott® properties. The use of the Marriott® name is not intended to imply any contractual relationship with Marriott® or any endorsement from Marriott®. Pacific Coast® products found in Marriott® properties are not manufactured by Marriott®; they are manufactured by Pacific Coast Feather Company.
The Ritz Carlton® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Ritz Carlton®” bedding products sold by Hotel Down Pillows are the same as found in many Ritz Carlton® properties. The use of the Ritz Carlton® name is not intended to imply any contractual relationship with Ritz Carlton® or any endorsement from Ritz Carlton®. Pacific Coast® products found in Ritz Carlton® properties are not manufactured by Ritz Carlton®; they are manufactured by Pacific Coast Feather Company.
The Doubletree® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Doubletree®” bedding products sold by Hotel Down Pillows are the same as found in many Doubletree® properties. The use of the Doubletree® name is not intended to imply any contractual relationship with Doubletree® or any endorsement from Doubletree®. Pacific Coast® products found in Doubletree® properties are not manufactured by Doubletree®; they are manufactured by Pacific Coast Feather Company.
The Hyatt® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Hyatt®” bedding products sold by Hotel Down Pillows are the same as found in many Hyatt® properties. The use of the Hyatt® name is not intended to imply any contractual relationship with Hyatt® or any endorsement from Hyatt®. Pacific Coast® products found in Hyatt® properties are not manufactured by Hyatt®; they are manufactured by Pacific Coast Feather Company.
The Park Hyatt® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Park Hyatt®” bedding products sold by Hotel Down Pillows are the same as found in many Park Hyatt® properties. The use of the Park Hyatt® name is not intended to imply any contractual relationship with Park Hyatt® or any endorsement from Park Hyatt®. Pacific Coast® products found in Park Hyatt® properties are not manufactured by Park Hyatt®; they are manufactured by Pacific Coast Feather Company.
The Clarion® trademark is not owned or licensed by Hotel Down Pillows. This trademark is used by Hotel Down Pillows only as a reference to inform customers that the “…featured at Clarion®” bedding products sold by Hotel Down Pillows are the same as found in many Clarion® properties. The use of the Clarion® name is not intended to imply any contractual relationship with Clarion® or any endorsement from Clarion®. Pacific Coast® products found in Clarion® properties are not manufactured by Clarion®; they are manufactured by Pacific Coast Feather Company.
The Pacific Coast® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The Pacific Coast® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The Hyperclean® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify a feature of Pacific Coast® products that Hotel Down Pillows carries. The Hyperclean® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The Down Surround® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The Down Surround® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The Touch of Down® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The Touch of Down® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The Double Touch of Down® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The Double Touch of Down® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The Stay Fluff® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The Stay Fluff® trademark is owned by Pacific Coast Feather Company and is a registered trademark with the United States Patent and Trademark Office. All Pacific Coast® products sold on Hotel Down Pillows are manufactured by Pacific Coast Feather Company.
The National Sleep Products® trademark is not owned or licensed by Hotel Down Pillows. This trademark is only used to identify products that Hotel Down Pillows carries. The National Sleep Products® trademark is owned by National Sleep Products® and is a registered trademark with the United States Patent and Trademark Office. All National Sleep Products® products sold on Hotel Down Pillows are manufactured by National Sleep Products®.
Hotel Down Pillows is an authorized reseller of Pacific Coast Feather Company products. We are dedicated to the Pacific Coast Feather Company line of products and truly believe that Pacific Coast Feather Company makes the best down and feather products available anywhere. Submissions:
Areas of the Site may permit you to provide feedback or send materials to us, including for use on the Site. You agree that any such materials, including but not limited to, reviews of products or services, comments, suggestions, questions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to us, or postings to or on the Site ("Your Materials"), are non-confidential (provided that personal information provided on non-public areas of the Site is subject to our Privacy Policy) and you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Materials throughout the world in any media now known or hereafter developed, with or without acknowledgment to you, in our sole discretion and without compensation to you.
You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Materials and that the submission of any such materials to us, irrevocably waives any and all "moral rights" in Your Materials, including the rights of paternity and integrity.
You represent and warrant that you have the legal right to submit or post Your Materials on the Site, that Your Materials are accurate, that use of Your Materials does not violate these Site Terms and will not cause injury to any person or entity, and that you will indemnify us against any liability or losses arising out of our use of Your Materials in accordance with these Site Terms. Your Account:
In consideration of your use of the Site, you agree to:
- Provide true, accurate, current and complete information about yourself as prompted by the checkout form for your account information (the "Account Information")
- Maintain and promptly update the Account Information to keep it true, accurate, current and complete
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of the Site.
You will receive a password and account designation when you have completed the Account Information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. For more information about how we treat your Account Information, you should refer to our Privacy Policy. Warranty Disclaimer:
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied.
This site and the materials contained therein are provided on an "as is" basis without warranties of any kind, either express or implied. You expressly agree that use of this site, including all content or data distributed by, downloaded or accessed from or through this site, is at your sole risk. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the information, materials, and content on the site. We do not represent or warrant that materials in this site are accurate, complete, reliable, current, or error-free.
We are not responsible for typographical errors or omissions relating to pricing, text or photography. While we attempt to ensure your access and use of the site is safe, we cannot and do not represent or warrant that this site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect virus from any download. Limitation of Liability:
In no event shall we be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this site or the materials therein. Typographical Errors:
In the event that a Hotel Down Pillows product is mistakenly listed at an incorrect price, Hotel Down Pillows reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Hotel Down Pillows reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Hotel Down Pillows shall issue a credit to your credit card account in the amount of the incorrect price. Terms & Termination:
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Hotel Down Pillows without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. Notice:
Hotel Down Pillows may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Hotel Down Pillows. Miscellaneous:
These Site Terms and any transactions thereunder shall be governed by and construed in accordance with the laws of the Deleware without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Sussex County, Delaware, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Use of Site:
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Hotel Down Pillows or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. Participation Disclaimer:
Hotel Down Pillows does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Hotel Down Pillows is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Hotel Down Pillows reserves the right to block or remove communications or materials that it determines to be
- Abusive, defamatory, or obscene
- Fraudulent, deceptive, or misleading
- In violation of a copyright, trademark or; other intellectual property right of another
- Offensive or otherwise unacceptable to Hotel Down Pillows in its sole discretion
Indemnification:
You agree to indemnify, defend, and hold harmless Hotel Down Pillows its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account. Third-Party Links:
In an attempt to provide increased value to our visitors, Hotel Down Pillows may link to sites operated by third parties. However, even if the third party is affiliated with Hotel Down Pillows, Hotel Down Pillows has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Hotel Down Pillows. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Hotel Down Pillows seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work). General Terms:
We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
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