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Terms of Service for Furnitureland South’s Website

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.

Thank you for visiting the official website of Furnitureland South, Inc.® and for your interest in the Furnitureland South (“FLS”) experience.

By accessing and browsing FLS’s website (“Website”) you affirm that you are legally competent to do so. You agree to be governed by these Terms of Service (“Terms”) and to follow its policies and procedures. The Terms supersede any other agreements you may have with FLS. If you do not agree to the Terms or if you are not legally competent to agree to them, we require that you not use the Website.

The Website is operated by FLS. Any questions or comments should be sent to:

Furnitureland South, Inc.
Director of Marketing
5635 Riverdale Drive
Jamestown, NC 27282

01.  Intellectual Property Rights

The content and material (the “Site Material”) on the Website are the property of FLS and protected by copyright law. Site Material includes, but is not limited to verbal copy, images, photographs, characters, text, statistics, trademarks, logos, graphics, illustrations, audio and video clips, software, code and other content. FLS grants users a limited, non-transferable, non-assignable, non-exclusive, revocable license to access, download, print and store a single copy of the Site Material for personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Site Material. However, in doing so, the User does not acquire and is not granted any right, title or interest in any Site Material that is printed or stored. Users may not otherwise download, copy, modify, reproduce, publish, distribute, transmit or post any portion of our Site Material or create derivative works from our Site Material. In addition, logos and other Intellectual Property on the Site are proprietary trademarks or service marks of FLS business partners. You may not use such logos without the written permission of the owner. Termination of Your access to our Website does not waive or limit the rights and remedies available to FLS. By making use of any Site Material, you warrant that your use will not violate any intellectual property and shall not otherwise violate the law.

02.  User-Generated Content

The following section applies to instances where you post, submit or by any other means deliver communications such as comments, product reviews, feedback, notes, messages, ideas, suggestions and any attendant attachments (collectively “User Content”) on the Website.  These provisions apply if and when User Content may be posted.

You are solely responsible for your own User Content. By submitting User Content, you promise that (a) it is non-proprietary and not confidential; (b) you own the User Content or otherwise have the right to submit it; (c) it does not violate the intellectual property rights, rights of privacy, rights of publicity or any other rights of any third party; and (d) it complies with FLS’s Website Code of Conduct. Although your submission does not divest you of ownership rights to the User Content, you are granting FLS perpetual, worldwide right, title and interest in all copyrights and other intellectual property rights in the User Content. You also grant each user of the Site a non-exclusive license to access your User Content through the Website and to download, use, watch, reproduce, distribute, forward, display, perform or otherwise access and utilize such User Content in whole or in part.

By accepting submissions, FLS is not endorsing User Content for any purpose or any opinion, recommendation or advice expressed by the User Content. FLS reserves the right (a) to monitor User Content but is not obligated to do so; (b) to refuse, alter or delete User Content which, in FLS’s judgment, violates the Website Code of Conduct, the Terms or hampers the purposes of the Website. FLS expressly disclaims any and all liability arising from User Content.

03.  Infringement Notice

If you believe the Website infringes on your copyright or intellectual property rights, please notify our Law Department. Pursuant to the Copyright Revision Act, under the Digital Millennium Copyright Act (“DMCA”), your notice must include the following:

A.  Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;

B.  Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material.

C.  Your name, mailing address, telephone number and email address;

D.  The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;

E.  A statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner or its agent or the law; and

F.  A statement swearing under penalty of perjury that your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.

You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

04. Counter-Notice

If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written Counter-Notice, pursuant to the DMCA. Your Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:

A.  Your physical or electronic signature;

B.  Identification of the material removed or to which access has been disabled;

C.  A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;

D.  Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in Guilford County, North Carolina, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice.

To submit a Counter-Notice, please complete and send the form to:

Furnitureland South, Inc.
PO Box 1550
Jamestown, NC 27282
Attention Law Dept. (Copyright Notice)

Email: [email protected]

E.  Upon receipt of a Counter-Notice containing the required information, the Company may:

(i) Promptly provide the Complainant with a copy of the Counter-Notice;

(ii) Inform the Complainant that it will not remove the material or cease enabling access to it unless, within 10 business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the channel application developer and/or service provider from engaging in infringing activity.

Please send all notices under the above copyright infringement policies or notifications of claimed infringement to:

Furnitureland South, Inc.
PO Box 1550
Jamestown, NC 27282
Attention Law Dept. (Copyright Notice)

Email: [email protected]

05.YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FLS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THIS FURNITURELANDSOUTH.COM WEBSITE IN VIOLATION OF THESE TERMS OF SERVICE.

06.  Website Code of Conduct and Prohibitions

In utilizing Website you agree that you will not:

A.  Harm FLS’s public image, goodwill or reputation or that of its sponsors;

B.  Infringe on any copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy;

C.  Express or imply that FLS endorses any of your statements or actions or those of others;

D.  Violate any law or give rise to criminal or civil liability;

E.  Defame, harass, threaten, discriminate, invade privacy;

F.  Distribute in any medium any part of the Service, User Content or FLS Content without FLS’s written authorization, unless FLS intentionally makes available the means for such distribution;

G.  Modify any part of the Website or the services it provides; ‘

H.  Copy, reproduce, distribute, transmit, sell, license, display, republish, post, digitize, translate, modify or otherwise exploit any content for any other purposes without the prior written consent of FLS or the respective licensors of the content;

I.  Disable or interfere with security-related features of the Services or features that prevent or restrict use or copying or any content;

J.  Post User Content that is in any way tortious, pornographic or obscene;

K.  Post trade secrets or other non-public information about any person or business;

L.  Modify, adapt, sell, reverse engineer, decompile or disassemble any portion of the Platforms or Services;

M.  Post any reviews about a FLS sponsor if you are an employee, contractor, officer or director of the sponsor; an employee, contractor, officer or director of a competitor of the sponsor; or related to the sponsor in any way, including blood, adoption or by marriage;

N.  Post any rating or review or User Content that is not based upon your first-hand experience with the vendor and/or service provider that is the subject of the review or rating;

O.  Make any statement that is inaccurate, misleading or untruthful;

P.  Remove any copyright, trademark or other proprietary rights; Sublicense, sell, lease, assign or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the User Content or Site Material;

Q.  Interfere with or disrupt any Platforms or Services;

R.  Violate the CAN-SPAM Act of 2003; or

S.  Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index or data-mine the Platforms or Services or circumvent its security measures.

07.  Privacy Policy

As part of this agreement, we have incorporated our privacy policy.  You agree to review this policy.

08.  Disclaimers and Liability Limits

FLS assumes no responsibility for accuracy, including but not limited to typos or omissions. To the fullest extent permitted by law, USE OF THE SITE, INCLUDING THE SITE FEATURES, IS AT YOUR EXCLUSIVE RISK. All material on the Site is provided AS IS. FLS makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which the site links. FLS disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability; fitness for a particular purpose; expressed or implied warranties arising from any course of dealing, usage or trade practice.

FLS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, VIRUS FREE OR ERROR FREE. FLS DOES NOT WARRANT THAT DEFECTS OR ERRORS WILL BE CORRECTED. FLS disclaims liability for direct, indirect, punitive, special, incidental or consequential damages arising out of or in any way related to the use or nonuse of the Site, including loss of data or loss of profits, even where FLS may have been advised of the possibility of damages.

09.  Changes

FLS reserves the right to update or modify these Terms of Service, our Privacy Policy and/or the Site itself at any time without prior notice. Users are encouraged to review these Terms and Conditions each time they visit the Website as revisions will supersede the previous versions they replace. FLS reserves the right to discontinue the Service at any time without notice.

10.  Inaccurate Information

Occasionally there may be information on the Website that contains typographical, numerical or image mistakes or omissions that may relate to product or service description, availability, shade of color, price, dimensions or other specifications. Where information on the Website is inaccurate, FLS reserves the right to correct the inaccuracy and to withdraw a related offer or to cancel a related order, at any point including after it has been submitted, acknowledged, confirmed, and your payment method has been accepted and charged.

Prices and availability of products and services are subject to change without notice.

FLS does not guarantee delivery at any certain time and is not responsible for delivery delays.

Prices for merchandise shown online are only valid for delivery in the contiguous United States. Prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.

The billing and shipping information you provide must be complete and accurate. Submitting incorrect information will be deemed a breach of our Terms.

All orders placed on the Website are subject to our Terms and Conditions sales document.

Shipment time will vary depending on the delivery method and service you select.

11.  Jurisdiction and Choice of Law

This Agreement and all claims or issues in connection with Site shall be governed according to the laws of North Carolina. Any legal action concerning this Agreement or the Site must be brought in Guilford County, North Carolina within one (1) year after the cause of action arises.


FLS Terms of Service February 25, 2016

 

 

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