Furniturextra
LLC provides this website Furniturextra.com
(the "website" or "site") for its customers and other
permitted users. We've worked hard to give you the information here and
elsewhere on our site to get you comfortable with our site. These Terms and
Conditions of Use (the "Terms and Conditions") help enable us to
provide you with the information, other content and other features available
through our site.
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 these Terms and Conditions and other applicable law. If you do
not agree to these Terms and Conditions, please do not use this site.
Warranty Disclaimer
This
site and the materials available on or through this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Furniturextra LLC
disclaims all warranties, express or implied, concerning this site or its use,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Furniturextra LLC does
not represent or warrant that the functions contained in the site will be
uninterrupted or error-free, that the defects will be corrected, or that this
site or the server that makes the site available are free of viruses or other
harmful components. Furniturextra LLC does not make any warranties or
representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you. In addition, as to products
ordered through this site any liability for defects or issues with such
products is limited by the terms of any applicable manufacturer's product
warranties or other written warranties that accompany such products.
Limitation of Liability
You
are responsible for maintaining the confidentiality of your account and any
related passwords. For products ordered through this site, risk of loss passes
from Furniturextra LLC when the product is placed for delivery to you with a
delivery carrier that is other than Furniturextra LLC. Furniturextra LLC shall
not be liable for any indirect, special or consequential damages that result
from the use of, or the inability to use, the materials on this site, the
performance of any products ordered through this site, or delay in delivery of
any products ordered, even if Furniturextra LLC has been advised of the
possibility of any 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.
Pricing or Other Information Errors and Inability to Fulfill Orders
In
the event that a Furniturextra LLC product is mistakenly listed at an incorrect
price or with other incorrect information, Furniturextra LLC reserves the right
to refuse or cancel any orders placed for product listed at the incorrect price
or based on incorrect product information. In addition, Furniturextra LLC is
not responsible for any inability to fulfill orders due to reasons beyond our
control, including, but not limited to, inability to obtain products from
manufacturers or distributors for any reason, product backorders or product
discontinuation. Furniturextra LLC 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, Furniturextra LLC shall issue a credit to your credit card
account in the amount charged.
Privacy
Policy
Your
use of this site is also subject to our Privacy Policy, which you may review by
clicking here.
Copyright
The
entire content included in this site, 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 Furniturextra LLC. The
collective work includes works that are licensed to Furniturextra LLC.
Copyright 2009 Furniturextra LLC. ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the sole
purpose of placing an order with Furniturextra LLC or purchasing Furniturextra
LLC 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 site solely for your own
non-commercial use, or to place an order with Furniturextra LLC or to purchase Furniturextra
LLC products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by Furniturextra LLC. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All
trademarks, service marks and trade names of Furniturextra LLC used in the site
(including, but not limited to, the name or phrases "Furniturextra LLC"
are trademarks or registered trademarks of Furniturextra LLC.
Applicability
of Terms and Changes
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 modified by Furniturextra LLC without notice at any
time, for any reason; provided that if we decide to modify these Terms and
Conditions, we will note at the bottom of these Terms and Conditions the date
of the last update and for a period of 90 days after each update, we will also
label the link on our website home page to these Terms and Conditions with the
words "Updated Terms of Use" or similar wording, which will alert you
to changes in these terms and conditions. If your use of our site is terminated
for any reason, the provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall survive any
such termination.
Restrictions
and Disclaimer Concerning User Content
Furniturextra
LLC does not assume any responsibility to 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, Furniturextra LLC 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, Furniturextra
LLC 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 Furniturextra LLC in its sole discretion.
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 Furniturextra LLC or other 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.
Indemnification
You
agree to indemnify, defend, and hold harmless Furniturextra LLC, its officers,
directors, employees, agents, licensors and suppliers 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, Furniturextra LLC may
link to sites operated by third parties. However, even if the third party is
affiliated with Furniturextra LLC, Furniturextra LLC has no control over these
linked sites, all of which have separate privacy and data collection practices,
independent of Furniturextra LLC. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless, Furniturextra
LLC 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).
Notice
and Address
Furniturextra
LLC may deliver notices to you concerning your activities on this site by means
of e-mail, a general notice on the site, or by other reliable method to the
address you have provided to Furniturextra LLC.
Furniturextra
LLC' mailing address is as follows:
Furniturextra LLC
47 Hawk Road ,
Lawrenceville, New Jersey
08648
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the State of New
Jersey, U.S.A. , without regard to choice of law provisions, and not by the
U.N. Convention on Contracts for the International Sale of Goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of Furniturextra LLC products) shall be in the state or federal courts
located in Mercer County, New Jersey. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of Furniturextra
LLC products) must be commenced within one (1) year after the claim or cause of
action arises. Furniturextra LLC' 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. Neither the course of conduct
between the parties nor trade practice shall act to modify any of these Terms
and Conditions. Furniturextra LLC may assign its rights and duties under this
Agreement to any party at any time without notice to you.
These Terms and Conditions of Use were last modified on
December 14, 2009
