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TERMS AND CONDITIONS (“Terms”)

Please read the following Terms carefully before using Furniture Mart USA’s (the  “Company”, “our” or “we”) web sites, as well as any online features, goods, services and/or programs offered by the Company (collectively, the “Web Site”).  By accessing or using the Web Site, you agree to the following Terms.  You should review these Terms regularly as they may change at any time at the sole discretion of the Company.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site.  “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Web Site.

We will make an effort to update this web page with any changes to these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS.  By merely providing access to the Web Site, the Company does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) the Company has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

2. SITE USE AND CONTENT.  You may view, copy or print pages from the Web Site solely for personal, non-commercial purposes.  You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of the Company.

3. NO WARRANTIES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK.  THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  THE COMPANY PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT OR ANY GOODS OR SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE.  THE COMPANY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  

4. LIMITATION OF LIABILITY.  IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY GOOD OR SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY GOOD OR SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.  

5. PRIVACY.  Personal data that you provide regarding yourself will be handled in accordance with the Company’s Privacy Policy [furnituremart.com/privacy].  

6. THIRD PARTY CONTENT.  

(a) The Company may provide hyperlinks to other web sites maintained by third parties, or the Company may provide third party content on the Web Site by framing or other methods.  THE LINKS TO THIRD PARTY WEB SITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE CONTENT ON ANY LINKED WEB SITE IS NOT UNDER THE COMPANY’S CONTROL AND THE COMPANY IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEB SITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEB SITE.  IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEB SITES LINKED TO THE WEB SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.  

(b) If a third party links to the Web Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company.  In most cases, the Company is not even aware that a third party has linked to the Web Site.  A web site that links to the Web Site: (i) may link to, but not replicate, the Company’s Content; (ii) may not create a browser, border environment or frame the Company’s Content; (iii) may not imply that the Company is endorsing it or its products; (iv) may not misrepresent its relationship with the Company; (v) may not present false or misleading information about the Company’s goods and/or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

7. COPYRIGHT AND TRADEMARKS.  The trademarks, service marks and logos used and displayed on the Web Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks.  The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site.  All trademarks and service marks of the Company that may be referred to on the Web Site are the property of the Company.  Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners.  Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Company’s trademarks or service marks without the Company’s prior written permission.  The Company aggressively enforces its intellectual property rights.  Neither the name of the Company nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without the Company’s prior written permission, except that a third party web site that desires to link to the Web Site and that complies with the requirements of Paragraph 6(b) above may use the name “Furniture Mart USA” in or as part of that link.  

8. LOCAL LAWS.  The Company makes no representation that content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States.  Access to the Web Site from jurisdictions where such access is illegal is prohibited.  If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws.  The Company is not responsible for any violation of law.  You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations.  You agree that the Web Site shall be deemed solely based in the Commonwealth of Pennsylvania, and the Web Site shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than the State Commonwealth of Pennsylvania. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles.  You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania.  You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).  

9. COMMENTS.  We welcome the submission of comments, information or feedback through the Web Site.  By submitting information through the Web Site, you agree that the information submitted shall be subject to the Company’s Web Site Privacy Policy [furnituremart.com/privacy].

10. MISCELLANEOUS.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Your Consent To This Agreement

By accessing and using the Web Site, you consent to and agree to be bound by the terms of the foregoing Terms.  These Terms and Conditions, together with the Company’s Web Site Privacy Policy at [furnituremart.com/privacy] and any other legal notices published by the Company on the Web Site, shall constitute the entire agreement between you and the Company concerning the Web Site. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Web Site. Your use of the Web Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email [info@furnituremart.com] or by sending your comments to:

Furniture Mart USA
50 Hulmeville Avenue
Penndel, Pennsylvania 19047
Attn: Web Site Issues
(215) 757-8900
info@furnituremart.com

Copyright © 2013. Furniture Mart USA.  All Rights Reserved.

EFFECTIVE AS OF: SEPTEMBER 6, 2013
LAST UPDATED: SEPTEMBER 6, 2013