Terms & Conditions
These terms and conditions are entered into by and between You and Balsam Brands Inc. (“Entertainer 1”). The following terms and conditions, together with any documents they expressly incorporate by reference (“Terms and Conditions”), govern your access to and use of www.entertainer1.com, including any content, functionality, products, and services offered on or through www.balsamhill.com (“Website”), whether as a guest or registered user. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE, AS WELL AS OUR PRIVACY POLICY. By using the Website or by clicking to accept or agree to the Terms and Conditions when this option is made available to you, you accept or agree to be bound by these Terms and Conditions as well as our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms and Conditions, please do not use the Website. Additionally, if you reside in the European Union or Australia, please do not use the Website but, instead, visit one of our three affiliated European or Australian websites (links below and at the bottom of our home page). By using this Website, you represent and warrant that you are of legal age to form a binding contract with Balsam Brands Inc., which owns and operates this Website, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Copyright
The entire content included in the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Entertainer 1. The collective work includes works that are licensed to Entertainer 1. Copyright 2019, Entertainer 1, ALL RIGHTS RESERVED. Entertainer 1 does not investigate to determine if such works are accurate nor can Entertainer 1 provide assurance that all such works are free of typographical errors. Entertainer 1 cannot guarantee information displayed on the Website to be 100% accurate. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Entertainer 1 or purchasing Entertainer 1 products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Entertainer 1 or to purchase Entertainer 1 products. No mechanized or other systematic process for harvesting information from the Website for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Entertainer 1. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
Trademarks
All trademarks, service marks and trade names of Entertainer 1 used in the Website are trademarks or registered trademarks of Entertainer 1.
Website Warranty Disclaimer
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Entertainer 1 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Entertainer 1DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Entertainer 1 DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Product Disclaimer
PRODUCTS PURCHASED ON THE Entertainer 1 WEBSITE ARE SOLD SUBJECT TO THE TERMS AND CONDITIONS OF THE LIMITED WARRANTIES SET FORTH ELSEWHERE ON THIS WEBSITE, WHICH WARRANTIES ARE EXPRESSLY INCORPORATED INTO THESE TERMS AND CONDITIONS. OUR CURRENT WARRANTY POLICY, WHICH TOOK EFFECT AS OF AUGUST 25, 2018, IS FOUND HERE. FROM TIME TO TIME, Entertainer 1 MAY AMEND ITS WARRANTIES. Entertainer 1 MAKES NO FURTHER REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY DISCLAIMS ANY SUCH WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PRODUCTS ARE BEING SOLD FOR ORNAMENTAL AND DECORATIVE USE ONLY. THE USE OF PRODUCTS FOR ANY OTHER REASON MAY BE HARMFUL AND/OR ILLEGAL. Entertainer 1 ASSUMES NO LIABILITY WITH REGARD TO PERFORMANCE OF THE PRODUCTS, OR FOR THE MISUSE OR MISPLACEMENT IN YOUR HOME OF THE PRODUCTS, OR FIRE HAZARDS ARISING OUT OF YOUR USE OF THE PRODUCTS. YOUR ORDERING THE PRODUCTS CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AND RELEASES Entertainer 1 FROM ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW.
Shipping & Handling And Orders
Entertainer 1 will ship products according to the shipping & handling option selected by you at checkout. Entertainer 1 reserves the right to change the shipping options as needed. You agree that your order is an offer to buy, under these Terms and Conditions, all products listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. For avoidance of doubt, the receipt of an order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Entertainer 1 reserves the right, with notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
Limitation of Liability
Entertainer 1 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF Entertainer 1 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Typographical Errors
Entertainer 1 strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time (even if during a sale or promotion period) and to refuse or cancel any orders arising from such occurrences. Entertainer 1 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, Entertainer 1 shall issue a credit to your credit card account in the amount of the incorrect price.
Termination
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be modified or terminated by Entertainer 1 without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall in all events survive any termination of these Terms and Conditions.
Notice
Any time that Entertainer 1 determines, in our sole discretion, that we should or are obligated to communicate with you, we may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to Entertainer 1. In accordance with our Privacy Policy, we may contact you in certain circumstances – including by email – even if you have asked us not to send you mail or email communications.
Use of Website
Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Entertainer 1 or other licensed employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website 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 Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. Use of the Website for any illegal or unauthorized purpose is strictly prohibited. Entertainer 1 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who violate this policy. You understand and agree that Entertainer 1 cannot be responsible for the content posted on the Website by users and that your use of the Website is at your own risk. Entertainer 1 is under no circumstances liable in any way for any content posted on the Website or for any damages of any kind incurred as the result of the use of any content posted or otherwise made available on the Website by users.
Participation Disclaimer
Entertainer 1 does not and cannot review all communications and materials posted to or created by users accessing the Website, 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 Website, Entertainer 1 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 Website. However, Entertainer 1 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to Entertainer 1 in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Entertainer 1, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions, any content posted to or made available on the Website, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
License
Notwithstanding anything to the contrary in these Terms and Conditions, with respect to content you submit or make available for inclusion on the Website, you grant Entertainer 1 the permanent world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Website for any purpose.
Privacy
Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy below.
You acknowledge and agree that Entertainer 1 may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Entertainer 1, Entertainer 1 users, and the public.
You understand that the technical processing and transmission of the Website, including your content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third-Party Links
In an attempt to provide increased value to our visitors, Entertainer 1 may link to sites operated by third parties. However, even if the third party is affiliated with Entertainer 1, Entertainer 1 has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Entertainer 1. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Entertainer 1 seeks to protect the integrity of its Website 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).
Shipments to Canada
ANY DISPUTE OR CLAIM ARISING FROM THESE TERMS AND CONDITIONS, USE OF THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS SOLD BY Entertainer 1 THROUGH THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT. ANY SUCH ARBITRATION PROCEEDING SHALL APPLY CALIFORNIA LAW AND SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA.
YOU AND BALSAM BRANDS INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) UNDER ITS RULES. PAYMENT OF FILING, ADMINISTRATION, AND ARBITRATOR FEES WILL BE GOVERNED BY AAA’S RULES. Entertainer 1 WILL PAY ANY SUCH FEES CHARGED IN CONNECTION WITH THE ARBITRATION (BUT NOT YOUR ATTORNEYS’ FEES) FOR CLAIMS TOTALING LESS THAN USD10,000.00 UNLESS THE ARBITRATOR DETERMINES THE CLAIMS ARE FRIVOLOUS, IN WHICH CASE YOU AGREE THAT YOU WILL PAY SAID FEES. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO ARBITRABILITY AND/OR ENFORCEABILITY OF THIS ARBITRATION PROVISION, INCLUDING ANY UNCONSCIONABILITY CHALLENGE OR ANY OTHER CHALLENGE THAT THIS ARBITRATION PROVISION OR THE AGREEMENT IS VOID, VOIDABLE, OR OTHERWISE INVALID. THE ARBITRATOR WILL BE EMPOWERED TO GRANT WHATEVER RELIEF WOULD BE AVAILABLE IN COURT UNDER LAW OR IN EQUITY. ANY AWARD OF THE ARBITRATOR(S) WILL BE FINAL AND BINDING ON EACH OF THE PARTIES, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT RATHER THAN ARBITRATION IF YOUR CLAIMS QUALIFY, AND IF YOU PROVIDED US WITH WRITTEN NOTICE OF YOUR INTENTION TO DO SO WITHIN 60 DAYS OF YOUR PURCHASE. THE ARBITRATION OR SMALL-CLAIMS COURT PROCEEDING WILL BE LIMITED SOLELY TO YOUR INDIVIDUAL DISPUTE OR CONTROVERSY.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU ALSO AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND THE REMAINING ARBITRATION TERMS WILL BE ENFORCED.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF Entertainer 1 PRODUCTS) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR BE BARRED FOREVER.
Miscellaneous
Your use of this Website shall be governed in all respects by the laws of the state of California , U.S.A. , without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Entertainer 1’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and Entertainer 1 with regard to your use of this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Entertainer 1 may assign its rights and duties under this Agreement to any party at any time without notice to you.
Privacy Policy
This Privacy Policy details what information and how Entertainer 1 collects, uses, shares, and protects your information. By interacting with Balsam Brands Inc. dba Entertainer 1 (“Balsam”) through our website, products, and services, you agree to the use of your Information as described in this Privacy Policy. We may change or supplement this policy from time to time, so we encourage you to review this periodically. If you are a California or Nevada resident, please also review the portion on YOUR CALIFORNIA PRIVACY RIGHTS or YOUR NEVADA PRIVACY RIGHTS below.
What Information Do We Collect And How Do We Collect It?
If you are a visitor to our site, we may collect, record and analyze information about how you use our website. We gather data about the number of visitors and visits, geo-location data, length of time spent on the site, the sites from which visitors have come, as well as pages and links clicked. Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.
We may also collect and process any information that you volunteer to us in our website’s forms, such as when you sign up for information and newsletters, when you open a user account with us (even if you do not purchase anything), enter a contest or sweepstakes, respond to a survey, reply to our direct marketing campaigns (for example, by filling out a response card), fill out information in the checkout process (even if you do not complete a purchase), or participate in another site feature. The information collected and processed may include your name, address, phone number, and email address. You may, however, visit our site anonymously without providing this information.
On the other hand, if you purchase anything from us – whether on our website, over the phone, or through another means, we may collect your billing name, shipping name, billing address, shipping address, phone number(s), email address, and, when necessary, credit card information and date of birth. This information is necessary to process your order. After you have purchased a product from us, we may collect sales and services information relating to your purchases, including complaints and claims for warranty services. We may collect this information when you register on our website, place an order, or contact our customer hotlines. Finally, we may – directly or through third party services or websites – collect any reviews that you submit pertaining to our products or services.
We also collect information about gift recipients so that we can deliver the gift to its intended recipient. The information we collect about gift recipients is not used for marketing purposes.
How Do We Use Your Information
We may use the information we collect from you in the following ways:
To personalize your site experience and to allow us to deliver the type of content and product offerings in which we believe you are most interested, as well as to inform you of new products, services and events.
To process your order and provide you with customer support, services such as warranties, refunds and product recalls, as well as product delivery.
To provide you with information about our products and services through email, direct mail, and advertisements that you may see when browsing online.
To administer a contest, sweepstake, promotion, survey or other promotional activities.
To inform you of updates to, or changes in, our products and services, including changes to our terms and conditions and policies.
To carry out market research and for product development.
To conduct analysis of our website’s performance and shopping experience.
To screen transactions for fraud, and, if necessary, to decline to do business with you if any of your information has been linked by us or a third-party data processor with fraudulent activity.
To conduct activities and data processing described elsewhere in this Privacy Policy.
To comply with legal requirements or obligations to law enforcement, regulators and the court service.
Unless you have opted out of the same, we may send you periodic emails and catalogs. If you change your mind and would like to discontinue receiving promotional emails and catalogs from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. Visitors who register or participate in other site features such as marketing programs and “members-only” content will be given a choice whether they would like to be on our email list and receive e-mail communications and catalogs from us.
How Do We Protect Your Information?
Unfortunately no data transmission over the internet or electronic data storage system can be guaranteed to be 100% secure. We implement a variety of security measures to maintain the safety and integrity of your information. Your information is contained behind secured networks to prohibit unauthorized access, and is only accessible by a limited number of persons who have special access rights to such systems. When you place orders or access your information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
If you have a personal password which enables you to access certain parts of our website or any other portal, app or service we operate, it is your responsibility to keep this password confidential. You are fully responsible for any activity that takes place by a party that is logged into our website using your user name and password, unless such activity is conducted by us or one of our agents. We ask that you not to share your password with anyone.
Do We Use “Cookies”?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may also collect your email address via cookies and pixels on the Website through the use of trusted third party partners. These partners may also combine your email information with other information to which they have access, such as mailing addresses, so that we may serve relevant marketing offers to you via email and direct mail, provided you have opted in to receive them.
>We may contract with carefully chosen third-party service providers and data processors to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Firefox or Internet Explorer) settings. Each browser is different, so look at your browser’s Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your site experience more efficient and some of our services will not function properly. However, even if disabling cookies makes it impossible to order products through our website, you can still place orders over the telephone by contacting customer service.
Do We Disclose The Information We Collect To Outside Parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include our affiliates and website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.
Occasionally, we may provide your email address or physical address to marketing partners in an effort to make you aware of products or services in which you may have an interest. In addition, non-personally identifiable visitor information, including generalized or aggregated visitor information, may be provided to other parties for marketing, advertising, or other uses.
From time to time, we make our mailing list (names and mailing addresses only) and general shopping activity available to carefully screened companies whose products we believe will be of interest to you. We do not share email addresses for this purpose. If you prefer that we do not share any of your information with these companies, please contact us or unsubscribe from our catalog mailing list per the instructions below.