Terms and Conditions
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 the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
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
FutonCoversForLess.com. The collective work includes works that are
licensed to FutonCoversForLess.com. Copyright 2003,
FutonCoversForLess.com 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 FutonCoversForLess.com or
purchasing FutonCoversForLess.com 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 FutonCoversForLess.com or to purchase
FutonCoversForLess.com 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
FutonCoversForLess.com. 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 FutonCoversForLess.com
used in the site are trademarks or registered trademarks of
FutonCoversForLess.com
Limitation of Liability
FutonCoversForLess.com
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if FutonCoversForLess.com
has been advised of the possibility of 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.
Typographical Errors
In
the event that a FutonCoversForLess.com product is mistakenly listed at
an incorrect price, FutonCoversForLess.com reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price.
FutonCoversForLess.com 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, FutonCoversForLess.com shall issue a
credit to your credit card account in the amount of the incorrect price.
Term; Termination
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 terminated by
FutonCoversForLess.com without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
FutonCoversForLess.com
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
FutonCoversForLess.com.
Miscellaneous
Your
use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law
provisions, and not by the 1980 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
FutonCoversForLess.com products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action
or claim you may have with respect to the site (including but not
limited to the purchase of FutonCoversForLess.com products) must be
commenced within one (1) year after the claim or cause of action
arises. FutonCoversForLess.com's 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. FutonCoversForLess.com may
assign its rights and duties under this Agreement to any party at any
time without notice to you.
Use of Site
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 FutonCoversForLess.com or other
licensed 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.
Participation Disclaimer
FutonCoversForLess.com
does not and cannot 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, FutonCoversForLess.com
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, FutonCoversForLess.com 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 FutonCoversForLess.com in its sole discretion.
Indemnification
You
agree to indemnify, defend, and hold harmless FutonCoversForLess.com,
its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") 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,
FutonCoversForLess.com may link to sites operated by third parties.
However, even if the third party is affiliated with
FutonCoversForLess.com, FutonCoversForLess.com has no control over
these linked sites, all of which have separate privacy and data
collection practices, independent of FutonCoversForLess.com. These
linked sites are only for your convenience and therefore you access
them at your own risk. Nonetheless, FutonCoversForLess.com 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).