Terms & Privacy

Customer Privacy Policy

This Customer Privacy Policy of Ed Herrington, Inc., d/b/a Herrington's ("Company") covers the collection, use, and disclosure of personal information that may be collected by the Company anytime you interact with the Company, such as when you visit our web site, when you purchase the Company's products and services online or in one of our stores or offices, or when you call our sales or support associates. Please take a moment to carefully read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information.

Your privacy is a priority at the Company, and we go to great lengths to protect it.

1. Reasons the Company Collects Personal Information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about.

If you do not want the Company to keep you up to date with our news and the latest information on products and services click contact us email link and request to opt out.


1. Reasons the Company Collects Personal Information

We collect your personal information because it helps us deliver a superior level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product announcements, special offers, and events that you might like to hear about.

If you do not want the Company to keep you up to date with our news and the latest information on products and services click contact us email link and request to opt out.


3. Your Online ID and Related Information

you to create an ID based on your personal information. This convenient service saves you time and allows for easier use of our web services. In order to create your ID you will need to create a personal profile by providing your name, phone number, email address, and in some cases your mailing address or a credit card number. The system saves the information in your personal profile and assigns you your own unique personal ID which you can use when performing various activities relating to our web site and the products and services you purchase from the Company.


4. Gift Cards and Services

The Company also enables you to purchase and send gift certificates and products to family members, friends or colleagues. To fulfill your request, the Company may require personal information about the person to whom you are sending the product or service such as their name, physical address, email address, and so on. The personal information you provide about that person is used only for the purpose for which it is collected. The Company will not use the information collected to market directly to that person.


5. When the Company Discloses Your Information

The Company takes your privacy very seriously. The Company does not sell or rent your contact information to other marketers.

To help us provide superior service, your personal information may be shared with legal entities within our corporate group who will take steps to safeguard it in accordance with our privacy policy.

There are also times when it may be advantageous for the Company to make certain personal information about you available to companies that the Company has a strategic relationship with or that perform work for the Company to provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. In such situation these companies are prohibited from using your personal information for any unauthorized purposes and are also obligated to protect your information in accordance with the Company's policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on our web site.

The Company may take the personal information we receive from individuals responding to our customer surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). The Company then uses the aggregated information to improve the quality of its services to you, and to develop new services and products. This aggregated nonpersonally identifying information may be shared with third parties.

We also reserve the right to disclose your personal information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies and procedures. Finally we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.


6. How the Company Protects Your Personal Information

The Company takes precautions-including administrative, technical, and physical measures-to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

Our web sites use Secure Sockets Layer (SSL) encryption on all web pages where personal information is required and to make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it's transmitted over the Internet. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.


7. Integrity of Your Personal Information

The Company has safeguards in place to keep your personal information accurate, complete, and up to date for the purposes for which it is used. You always have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up to date by contacting us at (518) 325-3131. In addition, you can request a copy of your personal information, your product registration history, and your interactions with our sales and support agents by contacting us at the email address below.


8. Privacy of Children

Protecting children's privacy is especially important to us. The Company recognizes that parents, guardians, or other adults often purchase our products for family use, including use by minors. We do not knowingly collect personal information from children under 13 for marketing purposes, but because some information is collected electronically, it can appear to be the personal information of the Company purchaser of the product, and will be treated as such by this privacy policy. If a child under 13 submits personal information to the Company and we learn that that personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our web site to persons 18 years or older.

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE COMPANY'S WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE COMPANY'S WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THAT WEBSITE, NO INFORMATION OBTAINED BY THAT WEBSITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998 AND IS NOT MONITORED AS DOING SO.


9. Cookies and Other Technologies

As is standard practice on many corporate web sites, our web site uses "cookies" and other technologies to help us understand which parts of our web sites are the most popular, where our visitors are going, and how much time they spend there. We also use cookies and other technologies to make sure that our online advertising is bringing customers to our products and services. We use cookies and other technologies to study traffic patterns on our web site, to make it even more rewarding as well as to study the effectiveness of our customer communications. And we use cookies to customize your experience and provide greater convenience each time you interact with us.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole. The Company will not use the information collected to market directly to that person.

In some of our email messages we use a "click-through URL" linked to content on our web site. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

In addition we use pixel tags-tiny graphic images-to tell us what parts of our web site customers have visited or to measure the effectiveness of searches customers perform on our site. Pixel tags also enable us to send email messages in a format customers can read. And they tell us whether emails have been opened to ensure that we're sending only messages that are of interest to our customers. We may use this information to reduce or eliminate messages sent to a customer. We store all of this information in a secure database located in the United States.


10. Commitment to Your Privacy

As we said, the Company takes protecting your privacy very seriously. To make sure your personal information is secure, we communicate these guidelines to our employees and strictly enforce privacy safeguards within the company. In addition, the Company supports industry initiatives, to preserve privacy rights on the Internet and in all aspects of electronic commerce.


11. International Users

The Company abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.


12. Links to Sites of Other Companies

Our web site has links to the sites of other companies. We are not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies.


13. Further Questions Regarding Privacy

If you have questions or concerns about the Company's Customer Privacy Policy or data processing, please use the appropriate regional email addresses (see list below) to contact us. The Company's representative will respond to your inquiry within 30 days.

Contact Information
info@herringtons.com
If you do not want the Company to keep you up to date with Company news and the latest information on products and services click [web site address] and update your personal contact information and preferences. Naturally, if you notify us that you do not want us to use your information for a particular purpose, we will not do so.


14. Effective Date; Updates to Privacy Policy

The terms and conditions in this policy statement came into effect on [effective date of website launch (TBD)]. The Company reserves the right to revise, amend, or modify this policy at any time and in any manner. When we change the policy in a material way a notice will be posted on our web site along with the updated privacy policy. Your use of our web site and any other services provided by the Company after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.


Website Terms and Conditions

The use of this site or any other site owned or maintained by Ed Herrington, Inc., d/b/a Herrington's ("Company") a corporation duly organized and existing under the laws of the State of New York is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site signifies your acceptance of the terms and conditions set forth below. Your customer order placed via this site likewise signifies your acceptance of the terms and conditions set forth below.

1. Privacy & Security; Disclosure

Company's privacy policy may be viewed at http://www.herringtons.com and http://www.edherrington.com Company reserves the right to modify its privacy policy in its reasonable discretion from time to time.


2. Payment Methods

We accept U.S. issued credit and debit cards:

  • Visa
  • MasterCard
  • American Express

When placing an order online or over the telephone, you will need: a. The address the card's statement is sent to (billing address). b. The card number and expiration date. c. The 3 or 4 digit code found only on the card (CVV2 code).


3. Shipping Policies

Company ships orders within the 50 United States via UPS, FedEx and/or UPSP Priority Mail. Depending on product availability, orders shipped usually arrive within 1 to 3 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery.


4. Delivery Confirmation

Because many instances may occur at your delivery address that is beyond our control, you agree that any delivery confirmation provided by the carrier is deemed sufficient proof of delivery to the account/card holder, even without a signature.


5. Return and Cancellation Policy

Contact us at 518-325-3131 for a copy of our policy.


6. Third Party Interactions

During use of the Company Website, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Company does not endorse any sites on the Internet that are linked through its Website. Company provides these links to you only as a matter of convenience, and in no event shall Company be responsible for any content, products, or other materials on or available from such sites. Company provides products to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.


7. Ordering Disclaimer

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Company reserves the right to accept or deny shipment to anyone for any reason. Company reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Company reserves the right to cancel the order, notify the card holder and the proper authorities.


8. Product Disclaimers; Disclaimers of Warranty

COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR COMPANY'S PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY COMPANY.


9. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL ED HERRINNGTON, INC. (d/b/a HERRINGTON'S), ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, ASSIGNS, VENDORS AND/OR SUPPLIERS, BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN ANY INFORMATION CONTAINED HEREIN. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ANY AND ALL POSSIBLE CAUSES OF ACTION, WHETHER SOUNDING IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMDY IT TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE BY YOUR USE OF THIS WEBSITE, THAT YOU USE OF THIS SITE IS AT YOUIR SOLE RISK. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.


10. Notice

Company may give notice by means of a general notice on the www.herringtons.com, electronic mail to your e-mail address on record in Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Company's account information. Such notice shall be deemed to have been given upon the date said mail is postmarked or 6 hours after sending (if sent by e-mail).


11. Modification of Terms

Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its products and services at any time, effective upon posting of an updated version of this Agreement on the www.herringtons.com. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.


12. Copyright

All of the content you see and hear on this website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Herrington's or its business associates. The entire content of this website is copyrighted as a collective work under United States copyright laws, and Herrington's own a copyright in the selection, coordination, arrangement and enhancement of the content of this website. You may download, print and store selected portions of the content of this website, provided you: (1) only use these copies for your own personal use; (2) do not copy or post the content of this website on any network computer or broadcast the content of this website in any media; and (3) do not modify or alter the content of this website in any way, or delete or change any copyright or trademark notice. The content of this site is provided for lawful purposes only. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Herrington's reserves complete title and full intellectual property rights in any content of this website that you download. Except as noted herein, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content of this website without the express written permission from Herrington's.


13. General

This Agreement shall be governed by the laws of the State of New York and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the New York State Supreme Court located in Columbia County, New York. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this agreement or use of this Website. The failure of Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. This Agreement, together with any applicable Form and policies, comprises the entire agreement between you and Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.