Terms & Conditions
YOUR USE OF ANY PORTION OF THIS WEBSITE, YOUR PURCHASE OF ANY PRODUCTS FROM THIS WEBSITE, AND/OR, WHERE APPLICABLE, YOUR AFFIRMATIVE CONSENT WHEN PROMPTED, CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS & CONDITIONS AND YOUR WILLINGNESS TO BE BOUND BY THESE TERMS & CONDITIONS, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY FINN HALL, IN ACCORDANCE WITH THESE TERMS & CONDITIONS. UNLESS YOU AGREE TO ALL OF THE TERMS & CONDITIONS CONTAINED HEREIN, YOU ARE STRICTLY PROHIBITED FROM USING OR ACCESSING THIS WEBSITE OR MAKING A PURCHASE.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Website is solely for use and access by persons residing in the United States, its territories, and possessions. Finn Hall controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable. Finn Hall makes no representation that the materials in the Website or the products described thereby are appropriate or available for use in other locations. If you access the Website from outside the United States, be advised the Website may contain references to products and services that are not available or are prohibited in your country.
Modifications of These Terms & Conditions
Finn Hall reserves the right to change, modify, amend, and/or update these Terms & Conditions at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments, and/or updates, and/or, where applicable, your affirmative consent when prompted, constitutes your unconditional agreement to follow and be bound by these Terms & Conditions as so changed, modified, amended, and/or updated. You are responsible for reviewing these Terms & Conditions each time you use or access any portion of this Website, and at any time you are prompted to do so.
Use and Proprietary Rights
The Website and its contents are intended solely for personal, non-commercial use. Unless otherwise explicitly specified, all materials that are included in or are otherwise contained on this Website constitute the copyrights, patents, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Finn Hall or by third parties who have licensed their materials to Finn Hall and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on this Website is the exclusive property of Finn Hall or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. All rights not expressly granted herein are reserved by Finn Hall. You may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services, or brands; and (c) you make no modifications to the materials.
Finn Hall reserves the right at any time to: modify, suspend, or discontinue the Website or any service, content, feature, or product offered through the Website, with or without notice. You agree that Finn Hall shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website, or any service, content, feature, or products offered through the Website.
In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by these Terms & Conditions; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Finn Hall server or the networks connected to any Finn Hall server; (c) interfere with the proper operation of the Website or any third party's use and enjoyment of this Website; (d) attempt to gain unauthorized access to accounts, computer systems, or networks connected to any Finn Hall server through hacking, password mining, or by any other means, or use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; or (e) to upload, post, or transmit any material that infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene, or otherwise objectionable material (as determined by us in Finn Hall sole discretion).
The Website is not intended for use by anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE WEBSITE. By accessing, using, and/or submitting information to or through the Website, you represent that you are at least 13 years of age. Anyone between age thirteen (13) and eighteen (18) may only use the Website under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.
The products sold on the Website are offered exclusively to individuals 18 years of age and older, who possess a valid credit card issued in their name. If you are under 18 years of age, you may use the Website only with involvement and oversight of a parent or guardian. Finn Hall and its affiliates reserve the right to refuse service or cancel orders in its sole discretion.
You acknowledge and agree that Finn Hall may decline to provide access to the Website or stop (permanently or temporarily) providing the Website or the products offered on the Website (or any feature, program, or content within the Website) to you or other users at Finn Hall sole discretion, without notice or liability to you. You acknowledge and agree that if Finn Hall disables access to your account, you may be prevented from accessing the Website, your account details, or any files or other content that is contained in your account.
Use of certain features on the Website might be limited and/or require registration. Finn Hall will review and determine, in Finn Hall's sole discretion, whether to accept your registration. Finn Hall shall have the right, in its sole discretion, to refuse or restrict anyone from accessing the Website(s) at any time, for any reason. Upon acceptance of your registration by Finn Hall, you may select your user ID and password (collectively "Password") for accessing and using the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information.
Finn Hall reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Finn Hall immediately about any unauthorized use of your Password or any breach of security. You further agree that Finn Hall shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Finn Hall. You also agree to take responsibility for all purchases and other activities on or under any account registered to you, and you accept all risks for any unauthorized use of your account.
Charges and Payment
In certain instances, Finn Hall may charge a user fee, subscription fee, or other fee. In such instances where a fee may be charged, Finn Hall will notify you of the fee prior to your incursion of charges.
ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, AND THIS WEBSITE IS PROVIDED BY FINN HALL ON AN "AS IS" AND "AS AVAILABLE" BASIS. FINN HALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. FINN HALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. FINN HALL DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. FINN HALL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ALL PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, PROMOTIONS, OFFERS, AVAILABILITY, OR THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, ERROR-FREE, OR OTHERWISE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, FINN HALL RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE "FINN HALL PARTIES"; ENTITIES THAT ANY OF THE FINN HALL ENTITIES OR ANY OF THEIR AFFILIATES MAY ACQUIRE, PURCHASE, OR ABSORB IN THE FUTURE; AND ANY JOINT VENTURES NOW EXISTING OR HEREAFTER CREATED BY THE FINN HALL ENTITIES OR ANY OF THEIR AFFILIATES; ALONG WITH THEIR PRESENT, PAST, AND FUTURE DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND RELATED ENTITIES; AS WELL AS EACH OF THE PRESENT, PAST, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, OWNERS, INVESTORS, FUNDS, VENDORS, ATTORNEYS, INSURERS, REPRESENTATIVES, AGENTS, INDEMNITORS, SUCCESSORS, PREDECESSORS (INCLUDING ENTITIES THEY HAVE ACQUIRED, PURCHASED OR ABSORBED), ASSIGNS, HEIRS AND FAMILY MEMBERS OF ANY OF THE FOREGOING; AND EACH OF ALL OF THEIR RESPECTIVE DIRECT AND INDIRECT OWNERS, MANAGEMENT, CONTROLLING PARTIES, ENTITIES UNDER COMMON CONTROL, OFFICERS, MEMBERS, PARTNERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, INCORPORATORS, SHAREHOLDERS, INVESTORS, MANAGERS, PRINCIPALS, INVESTMENT ADVISORS, CONSULTANTS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS, LENDERS, UNDERWRITERS, INSURERS, VENDORS, AND SERVICE PROVIDERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO YOUR OR A THIRD PERSON'S COMPUTER AND/OR ITS CONTENTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FINN HALL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FINN HALL, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL ANY OF THE FINN HALL PARTIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS & CONDITIONS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE FINN HALL PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE OR ANY PRODUCTS OBTAINED THROUGH THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS CONTAINED HEREIN.
Term and Termination
Finn Hall shall have the right to terminate your access to, and use of, the Website and to block or prevent future access to and use of the Website and to delete your account and any related information immediately, if, in its sole discretion, Finn Hall believes that your conduct fails to conform with these Terms & Conditions. Finn Hall also reserves the right to investigate suspected violations of these Terms & Conditions, including without limitation any violation arising from any submission, posting, or e-mails you make or send to the Website. Upon termination of these Terms & Conditions, all rights granted to you under these Terms & Conditions will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to Finn Hall in full within thirty (30) days from the date of such termination.
These Terms & Conditions shall be governed by and construed under the laws of the State of Texas, without regard to conflicts of laws principles.
You agree that any dispute, claim, or controversy arising from or otherwise related to your use of the Website, purchases from the Website, these Terms & Conditions or the breach thereof, including disputes about the validity, scope, or enforceability of this arbitration provision, shall be resolved individually, without resort to any form of class action, and exclusively submitted to binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The Arbitration shall take place in Travis County, Texas, before a single arbitrator. Judgment on the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction over the subject matter.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE-YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of Finn Hall to act with respect to a breach of these Terms & Conditions by you or others does not constitute a waiver and shall not limit Finn Hall rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms & Conditions. Finn Hall may assign its rights and duties hereunder to any party at any time without any notice to you. These Terms & Conditions may not be assigned by you without Finn Hall prior written consent. If any provision of these Terms & Conditions shall be unlawful, invalid, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions may not be modified except in writing, signed by both parties.
These Terms & Conditions and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products, ensuring product quality, pricing, promotional activities, introduction of competing products, and continuing customer acceptance of existing products; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices, or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic, or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes, or other external factors over which Finn Hall has no control. Finn Hall has no obligation to update any forward-looking statement in these Terms & Conditions or any other document incorporated herein.
FINN HALL STORE TERMS & CONDITIONS
Since these incorporated policies will also be applicable to your visit to the Finn Hall Store, please review all policies prior to placing an order.
To the extent these Finn Hall Store Terms & Conditions are inconsistent or incompatible with the General Terms & Conditions listed above, these Finn Hall Store Terms & Conditions will supersede and prevail with respect to your use of the Finn Hall Store.
A registered account is not required in order to shop at the Finn Hall Store. Please confirm your email address when creating your account, as we will use the email address on file to contact you with any issues concerning your order. If you do not wish to set up a registered account, you may still shop and purchase as a "Guest." Whether you create a registered account or complete your purchase as a Guest, you agree to provide honest, accurate, current, and complete information, and to keep your information updated and accurate.
Finn Hall strives to have the latest and greatest styles available for purchase in every size. If the style or size you want is not listed, it is not available. Although the Finn Hall Store is designed to feature "real-time" inventory levels so that only in-stock items are visible and available for purchase, we may experience shortages of stock in a particular style or size, and cannot guarantee that items which appear to be in stock are actually available. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. If the item you would like to purchase is currently out of stock, we apologize for the inconvenience and encourage you to call our customer service at [email protected], so that we may help you find a similar product.
Ordering and Changes to Orders
When you place an order we will send a confirmation email to the address that you have provided. If you are using your workplace email address, please be aware that many companies use spam filters to disqualify incoming automated emails, which could impede the delivery of our confirmation email to you or send it to junk mail.
The "Confirmation" page sets out the final details of your order. After you have reviewed the Confirmation page and opted to proceed with your order, we will send you an order acknowledgement email detailing the products that you have ordered. Please note that this email does not serve as either an order confirmation or order acceptance from Finn Hall.
Acceptance of your order and the completion of the agreement between you and Finn Hall Store for your order will occur upon our dispatch to you of the products ordered, unless we have notified you that we do not accept your order or you have cancelled it. Finn Hall reserves the right to accept or decline your order for any reason up until the time the product is actually delivered to you. Finn Hall reserves the right to limit or prohibit orders that Finn Hall believes, in its sole discretion, may be placed by dealers, resellers or distributors.
Due to the short timeframe between order and shipment, it is difficult to make changes once your order has been placed. If you contact our customer service team before shipping arrangements have been initiated, however, we will do our best to facilitate a change.
Where applicable, sales tax will be assessed on each order at the applicable local rate. You agree that taxes may be adjusted from the amount shown on the payment screens. You are solely responsible for any and all duties, taxes, levies, or fees (including any sales, use, or withholding taxes) imposed on or in connection with purchases from the Website by any authority.
Personal checks, money orders, and cash payments are not acceptable forms of payment at the Finn Hall Store. We may require credit cards and debit cards to be issued by an institution in the jurisdiction in which you are located, and those forms of payment must be linked to a billing address in the same jurisdiction. For most jurisdictions, you must ensure that the billing address associated with the credit- or debit-card issuing bank is the same billing address that you enter when ordering. Finn Hall reserves the right to supplement the list of acceptable forms of payment at the Finn Hall Store.
Because Finn Hall does not charge for items until they ship, we may use a pre-authorization process to reserve your products for shipment. In order to avoid unnecessary overdraft charges, a method called a "pre-authorization" is often used by banks to verify that the credit/debit card in use is valid and has sufficient funds. Most authorizations expire within five to seven days, but the issuing bank ultimately determines the length of the authorization. The final credit- or debit-card charge will only reflect the value of your shipped merchandise plus applicable shipping and taxes.
If you are experiencing problems with payment, please contact our customer service at [email protected], and a member of our team will be happy to assist you.
Delivery and Shipping
All orders are shipped via the United States Postal Service ("USPS"). You may select any USPS shipping option, and delivery times will vary based on the option selected. Expedited shipping options are available at check-out for an additional charge. Merchandise can only be shipped within the United States.
Our goal is to process and ship your order within 3 to 4 business days after receipt of the order. This is an estimate only, however, and shipping dates are not guaranteed.
Except as stated below, orders are shipped Monday through Friday during regular business hours (8:00 a.m. to 5:00 p.m. Central Time). Orders selected for next-day shipping that are received before 1:00 p.m. Central Time will ship the same day. Orders received after that time will ship the following day. Orders for which next-day shipping is selected that are received before 1:00 p.m. Central Time on a Friday will be delivered on the following Monday. Orders received on a weekend day or an observed holiday will be processed on the next business day. Orders will not ship on the following days:
Martin Luther King Day
Day After Thanksgiving
Upon shipment of your order, a tracking number will be emailed to the address that you have provided. This tracking number will allow you to check on the delivery status of your order through www.usps.com.
We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. In the event that we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.
Cancellations, Exchanges, and Refunds
ALL SALES ARE FINAL. EXCHANGES AND REFUNDS WILL NOT BE PERMITTED. Prior to fulfillment of an order, however, you may cancel your order by contacting our customer service team at [email protected] Once an order has been fulfilled, the order will be deemed to be completed, and Finn Hall will no longer be able to cancel the order or offer a refund.
Risk of Loss
All items purchased at the Finn Hall Store are made pursuant to a shipment contract with USPS. This means that the risk of loss and title for such items pass to you upon tender of the item(s) to the carrier.
Product Descriptions and Pricing
The Finn Hall Store aims to be as accurate as possible. Finn Hall makes no warranty, however, that product descriptions, colors, photographs, videos or other product related content on the Finn Hall Store are wholly accurate, complete, reliable, current, or error-free. Finn Hall cannot guarantee that your computer or device's display of color or other product features is accurate.
Despite our best efforts, a small number of items may be mispriced. If the correct price of an item sold by Finn Hall is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. The prices displayed on the Finn Hall Store are quoted in United States Dollars.
Please note that, subject to applicable law, we reserve the right to change the goods advertised or offered for sale through the Finn Hall Store, the prices or specifications of any such goods and any promotional offers and any content available at the Finn Hall Store at any time and from time to time without any notice or liability to you or any other person.
FINN HALL GIFT CARD TERMS & CONDITIONS
By using your Finn Hall Gift Card and/or the Finn Hall Gift Card website located at www.finnhallhtx.com (the "Website"), you agree to the following terms and conditions regarding the use of the card and the Website (the "Terms & Conditions"). These Gift Card Terms & Conditions are in addition to the Terms & Conditions listed above, and such Terms & Conditions are incorporated herein. To the extent that there is any conflict between the Terms & Conditions listed above and these Gift Card Terms & Conditions, these Gift Card Terms & Conditions will prevail. We may change these Gift Card Terms & Conditions from time to time and all changes are effective upon posting to the Website without notice to you. You are responsible for reviewing these Terms & Conditions regularly. Your continued use of the Finn Hall Gift Card and/or this Website constitutes your acceptance of these Gift Card Terms & Conditions, including any changes made to them in the future.
The Finn Hall Gift Card may only be used (1) for making authorized purchases at Finn Hall, (2) for delivery orders by telephone from Finn Hall, or (3) purchases online at www.finnhallhtx.com. The Finn Hall Gift Card is VOID WHERE PROHIBITED. Finn Hall Gift Cards will only be sold in and from the United States through the Finn Hall and the Website. All sales of the Finn Hall Gift Card are final. No refunds will be provided for the purchase of any Finn Hall Gift Cards. Finn Hall Gift Cards will not be shipped to destinations outside of the 50 United States. The Finn Hall Gift Card may not be resold by any unauthorized party under penalty of law; unlawful resale or attempted resale in violation of these Gift Card Terms & Conditions is grounds for seizure and cancellation of the Finn Hall Gift Cards without compensation, in addition to other legal remedies. Finn Hall Gift Cards obtained through unauthorized channels will be considered void, and no refunds or reimbursements will be offered.
The Finn Hall Gift Card does not expire and no fees will be charged after purchase of the card. You can reload your Finn Hall Gift Card at any time at Finn Hall. The online purchase of the Finn Hall Gift Card may be subject to additional costs, such as shipping and handling, as specified on the Website. Protect the Finn Hall Gift Card as you would cash. The Finn Hall Gift Card may be damaged, including by excess heat and magnetic fields. Finn Hall, its subsidiaries and affiliates (these parties are collectively referred to as the "Finn Hall Parties") are not responsible for lost, stolen or damaged cards. The value of a Finn Hall Gift Card will not be replaced for lost, stolen or damaged cards.
Present the Finn Hall Gift Card to the cashier at any Finn Hall restaurant at the time of purchase, use your Finn Hall Gift Card for any delivery order by telephone with a Participating Restaurant by notifying the Participating Restaurant at the time you place your order, or use your Finn Hall Gift Card for purchases through www.finnhallhtx.com, and any available balance on the card, up to the full amount of your purchase, will be applied toward your purchase. The Finn Hall Gift Card may not be used for purchase of other gift cards or gift certificates. The Finn Hall Gift Card cannot be redeemed for cash, except where required by law.
Finn Hall may terminate the issuance of Finn Hall Gift Cards and/or its operation of the Website at any time, with or without notice to you. Any such termination will not affect the value of any Finn Hall Gift Cards then outstanding.
We reserve the right to correct your Finn Hall Gift Card account if we believe that a clerical, billing, or accounting error occurred. You can check the balance of your card at Participating Restaurants or online at the Website.
Any and all disputes, claims, and causes of action arising out of or connected with the Finn Hall Gift Card and/or the Website shall be resolved individually, without resort to any form of class or representative action; and, exclusively by binding arbitration under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any such arbitration shall take place in Travis County, Texas before a panel of three neutral arbitrators selected in accordance with the procedures of the AAA.
IN NO EVENT SHALL THE FINN HALL PARTIES BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE ISSUANCE OR RELOADING OF A FINN HALL GIFT CARD, OR THE USE OF THE FINN HALL GIFT CARD OR THE WEBSITE, EVEN IF THE FINN HALL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE FINN HALL PARTIES' AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE AMOUNT PAID BY YOU FOR THE FINN HALL GIFT CARD FOR THE ORIGINAL PURCHASE OR, IF RELOADED, THE MOST RECENT RELOADED AMOUNT.
If any provision of these Gift Card Terms & Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified only to the extent necessary to make it enforceable, or if the foregoing is not possible, such provision shall be severed from the remainder of these Gift Card Terms & Conditions, which will otherwise remain in full force and effect.
FINN HALL POLICY REGARDING SUBMISSIONS,
POSTINGS AND OTHER COMMUNICATIONS
All submissions, postings, and email communications to or through the Website shall be subject to this Finn Hall Policy Regarding Submissions, Postings, and Other Communications.
All remarks, suggestions, ideas, graphics, or other information communicated by you to Finn Hall through the Website (collectively, "Submissions") will forever be the property of Finn Hall and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of Submissions including, without limitation, any indemnification obligations related to such Submissions. Finn Hall will not be required to treat any Submissions as confidential (unless required by law or if Finn Hall has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Finn Hall operations. Without limitation, Finn Hall will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature, and will be entitled to use Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending Submissions. Finn Hall retains the right to review, edit or delete from the Website all Submissions that Finn Hall, in its sole discretion, considers illegal, offensive, in violation of third party rights, or is otherwise inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to Finn Hall recording any communication, electronic or otherwise, between you and Finn Hall and retaining any information and data that you submit while using the Website or making a purchase from the Website. In using the Website, you may be permitted to communicate electronically with Finn Hall by sending electronic mail to Finn Hall; however, you acknowledge and agree that only general information or inquiries may be submitted to Finn Hall via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Finn Hall via e-mail, as Finn Hall is not responsible for responding to any such communications.
Finn Hall may seek to gather information from the user who is suspected of violating these Terms & Conditions, and from any other user. Finn Hall may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Finn Hall believes, in its sole discretion, that a violation of these Terms & Conditions has occurred, it may edit or modify any submission, posting or e-mail, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action as it deems appropriate. Finn Hall will fully cooperate with any law enforcement authorities or court order requesting or directing Finn Hall to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms & Conditions. YOU WAIVE AND HOLD HARMLESS FINN HALL FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FINN HALL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FINN HALL OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that this Website(s) contains materials that constitute copyright infringement, please notify Finn Hall in accordance with this Online Copyright Infringement Notification Policy.
If you believe that the Website contains materials that constitute copyright infringement, please notify us at [email protected]
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement must be in the form of a written communication that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the Website, including its URL, so that Finn Hall can locate the material;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.