Terms of Service
We offer the Website(s), including all information, products and services available from the Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated in this Agreement. If there is anything you do not understand, please email any inquiry to firstname.lastname@example.org. Your REGISTRATION, continued use of the Website(s) OR COMPLETION OF ANY TRANSACTION ON THE WEBSITE(S) constitutes your agreement to these Terms of Service. If at any time you do not agree to these Terms of Service, please do not use the Website(s).
You shall not use the Website(s) for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website(s) in a way that may cause the Website(s) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website(s) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website(s).
This Agreement shall remain in full force and effect while you use the Website(s). You may terminate your registration at any time, for any reason, by contacting us at email@example.com. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement, our right to exploit user-generated content any other provisions contained herein, will remain in full force and effect. This Agreement may change from time to time as provided herein.
2. Personal Use
The Website(s) is for the personal use of our Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the authorized management of Oak Furniture Land, Inc. Illegal and/or unauthorized use of the Website(s), including collecting user names by electronic or other means for the purpose of, among other acts, sending unsolicited email or unauthorized framing of or linking to the Website(s) is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Website(s).
3. Purchasing Terms and Conditions. All purchases are subject to our Terms and Conditions
4. Changes to Website(s) or These Terms of Service
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website(s) or any portion of it.
4.2 We may alter these Terms of Service from time to time without notice, and your use of the Website(s) (or any part of the Website(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service then you should immediately stop using the Website(s).
4.3 The Website(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website(s) or because of a failure, suspension or withdrawal of all or part of the Website(s).
5. Products and Services Offered
Nothing on the Website(s) constitutes a binding agreement to offer services or products described on the Website(s) or to make such services or products available in your area.
6. User Generated Content
6.1 You understand and agree that Oak Furniture Land, in its sole discretion, may review and delete any information and/or User generated content sent to us and/or posted on the Website(s), including but not limited to video, comments, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, and messages to other registered users (collectively, "Content"). You are solely responsible for the Content that you publish or display on the Website(s) or any material or information that you transmit to other registered Users. By posting any Content to the public areas of the Websites, you hereby grant to Oak Furniture Land the non-exclusive, fully paid, worldwide license to use, publicly perform, stream, modify, display and disseminate such Content on the Website(s). We may remove any Content which is illegal and/or offensive, including but not limited to what we reasonably believe to be untrue, defamatory, harassing, spam, junk or mass mail. If you would like to request that any of Content be removed from the Website(s), please contact us as provided below. You further represent and warrant that: (i) you own the Content posted by you on the Website(s) or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website(s).
6.2 You must use the Website(s) in a manner consistent with any and all applicable laws and regulations.
6.3 You may not engage in advertising to, or solicitation of, any user of the Website(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Website(s). Although Oak Furniture Land cannot monitor the conduct of its Users off the Website(s), it is also a violation of the Agreement to use any information obtained from the Website(s) in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User of the Website(s) without their prior explicit consent.
6.4 Any automated use of the system, such as using scripts, is prohibited.
6.5 You may not attempt to impersonate another registered User or any other person who is not a registered user of the Website(s).
6.6 You may not use the account, user name, or password of another registered User at any time nor may you disclose your password to any third party or permit any third party to access your account.
6.7 You may not sell or otherwise transfer your personal profile.
7. Copyright Policy; Violations
If you believe that your work has been copied and posted on the Website(s) in a way that constitutes copyright infringement (or another violation), please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website(s); (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send the foregoing to:
By email: firstname.lastname@example.org
By mail: Oak Furniture Land, Inc. 160 Greentree Drive, Suite 101, City of Dover, Kent, Delaware, 19904
ATTN: DMCA Agent
If you believe any of your other rights, including intellectual property rights, have been violated, please follow the same process and include the same information and takedown request sent to: email@example.com.
8. User Disputes
You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
The opinions expressed by Users and/or in Content posted on the Website(s) are not necessarily the opinions of Oak Furniture Land. Oak Furniture Land is not responsible for any incorrect or inaccurate Content posted on the Website(s) by Users, whether caused by Users of the Website(s) or by any of the equipment or programming associated with or utilized by the Website(s). Oak Furniture Land is not responsible for the conduct, whether online or offline, of any User of the Website(s). Oak Furniture Land assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Oak Furniture Land is not responsible for any problems or technical malfunction of any telephone or other network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Website(s) or combination thereof, including any injury or damage to Users or to any User’s or person's computer related to or resulting from participation, including uploading or downloading of materials, in connection with the Website(s). Under no circumstances shall Oak Furniture Land be responsible for any loss or damage, including personal injury or death, resulting from use of the Website(s) or from any Content posted on the Website(s) or transmitted to registered Users, or any interactions between Users of the Website(s), whether online or offline, even as a result of negligence by Oak Furniture Land. The Website(s) are provided "AS-IS" and Oak Furniture Land expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Oak Furniture Land cannot guarantee and does not promise any specific results from use of the Website(s).
10. Website(s) Promotion
Oak Furniture Land may make use of or refer to User-posted content for the purpose of promotion of the Website(s). Such promotion may involve taking screen shots of a particular area of the Website(s) and/or Content posted by a User(s), and using that screen shot as a graphic in an advertisement. Promotion may also include quoting Content or playing audio or video posted to the public areas of the Website(s). You make no claim of ownership to such user-posted content.
11. Intellectual Property Ownership and Use
11.1 You acknowledge and agree that all trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Website(s) shall, as between you and us, remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, then in the owner of such material or content.
11.2 We grant you the limited right to access and make use of the Website(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Oak Furniture Land Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website(s)’s name or our trademarks; d) engage in any activity that interferes with the Website(s) or another user’s ability to use the Website(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website(s) and the goods or services offered on the Website(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.
11.3 You may not shall not use, copy, distribute, or exploit any of the Oak Furniture Land Site Content, including Content, in any manner without our prior written permission.
11.4 All Oak Furniture Land Site Content and all materials and content contained within the Website(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
12. External Sites and Resources
We are not responsible for the availability of any websites, apps or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of such third-party websites or the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
13.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE(S). THE WEBSITE(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. This paragraph does not apply to New Jersey residents or transactions.
13.2 WE MAKE NO WARRANTY THAT THE WEBSITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. This paragraph does not apply to New Jersey residents or transactions.
14. Limitations on Liability
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. This paragraph does not apply to New Jersey residents or transactions.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US, INCLUDING OUR PARENT, SUBSIDIARIES AND/OR AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES ARISING OUT ANY BREACH BY YOU OF THESE TERMS OF SERVICE OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
16. Resolution of Claims or Disputes.
All disputes between you and us will be resolved by BINDING ARBITRATION. You hereby agree to give up your right to go to Court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT by a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement, or concerning our performance or obligations, or your performance or obligations, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or in New York City.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms and Conditions, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with us remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. These terms and conditions, as well as our relationship, concerns and constitutes a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq., and federal arbitration law. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions. We agree that that any arbitration or other legal proceedings of any sort by or between you and us will be conducted on an individual basis and not in any class action, mass action or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. For New Jersey residents, the previous two sentences apply only to the maximum extent permitted under New Jersey law.
17. Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
18. Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use the Website(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
19.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.
19.3 You may send us notices or communicate with us by phone at 1-844-304-6777 and/or by email at email@example.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email
DATE LAST MODIFIED: May 26, 2016