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Terms of Service

Terms of Service

The website at oakfurnitureland.com, mobile site and/or app, and other online and mobile services (individually and collectively, and including without limitation all information available from or through any of the foregoing, “Website(s)”) operated by or on behalf of Oak Furniture Land, Inc. ("us/we/our/Oak Furniture Land") that link to or display these Terms of Service (these "Terms of Service" or this "Agreement") are governed by these Terms of Service. "You/your" means you as a user of the Website. “Users” means all users of the Website(s), including without limitation you. By using the Website(s), you agree to be bound by these Terms of Service, whether or not you registered for an account. The other integral part of this Agreement is our Privacy Policy, located at www.oakfurnitureland.com/privacy-policy and incorporated herein by reference, which describes how we collect, use and disclose information provided by you through the Website(s).  In addition, there are Terms & Conditions which apply to orders you place and products you purchase. All capitalized terms used herein that are not otherwise defined in these Terms of Service shall be defined in the Privacy Policy.   

We offer the Website(s) 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 sales@oakfurnitureland.com. Your registration for an account via the Website(s), continued use of the Website(s) or completion of any transaction on the Websites(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 the Website(s) 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 or 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).

These Terms of Service govern our relationship with you, and by accessing or using the Website(s), you acknowledge that you have read, understand and agree to be bound by them. Please read them carefully.

1.         Term

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 sales@oakfurnitureland.com.  We may modify or terminate your access to the Website(s) (including without limitation your registration) for any reason and at any time, with or without notice and without liability to you. Even after registration is terminated, this Agreement, our right to exploit User-generated content and all 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 without limitation 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 orders and purchases are subject to our Terms & Conditions and all other applicable Website Agreements (as defined below).

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 thereof) 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 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. Any modification will take effect when posted. 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 and materials sent to us and/or posted on or submitted to the Website(s), including but not limited to video, comments, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, data, text, files, information, usernames, images, graphics, works of authorship, applications, links, and messages (collectively, "Content") to other registered users. You are solely responsible for the Content that you publish or display on the Website(s), all material or information that you transmit to other registered Users, and all activity that occurs through any account you create in connection with your access to or use of the Website(s)You hereby grant to Oak Furniture Land the non-exclusive, fully paid, royalty-free, fully sublicensable, fully transferable, irrevocable, perpetual, worldwide license to use, publicly perform, reproduce, copy, stream, modify, display, prepare derivative works of, and disseminate such Content on the Website(s) or otherwise in connection with our business.  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, or junk or mass mail. If you would like to request that any of your Content be removed from the Website(s), please contact us as provided below.  You further represent and warrant that: (i) you own your Content or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate any privacy right, publicity right, copyright, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any of your Content. 

6.2    You must use the Website(s) only in accordance with all applicable laws and regulations. By using the Website(s) you agree and acknowledge that you can form a legally binding contract with us. If you are accessing or using the Website(s) on behalf of a business or other entity, you are authorized to agree to these Terms of Service on behalf of the business or entity.

6.3    You may not engage in advertising to, or solicitation of, any User to buy or sell any products or services. You may not transmit any chain letters or junk email to other Users. Although Oak Furniture Land cannot monitor the conduct of its Users off the Website(s), it is also a violation of this Agreement to use any Content 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 without their prior explicit consent. You agree not to submit or transmit any Content through the Website(s) that (a) is defamatory, threatening, obscene or harassing or (b) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, disrupt, or limit the operation or functionality of the Website(s) or of any our systems or servers connected to the Website(s).

6.4    Any automated use of the Website(s) or any of our systems (including without limitation creation of accounts), such as using scripts, bots, automated devices, spiders, crawlers or scrapers, is prohibited.

6.5    You may not attempt to impersonate another registered User or any other person who is not a registered User.

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, rent, license or otherwise transfer your personal profile, username, account or account rights.

6.8    Email and content submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this before transmitting any information to us over the Internet. We shall not be subject to any obligations of confidentiality regarding any Content.

6.9    If you communicate an idea or suggestion to us, you relinquish any related claims for attribution or compensation and grant us full and unrestricted rights to such idea or suggestion such that we may, in our discretion, exercise full ownership rights over such idea or suggestion and use it without compensating or crediting you in any manner.

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; (e) 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 (f) 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:     dmcaagent@oakfurnitureland.com

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: ipviolations@oakfurnitureland.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.

9.         Opinions

The opinions expressed by Users and/or in Content 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 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. 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, or failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Website(s), or combination of any of the foregoing, including without limitation any injury or damage to Users or to any User’s or person's computer related to or resulting from participation, including without limitation uploading or downloading of materials or Content, in connection with the Website(s). Under no circumstances shall Oak Furniture Land be responsible for any loss or damage, including without limitation personal injury or death, resulting from use of the Website(s) or from any Content, or any interactions between Users, 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 material or content (and the design, structure, selection, coordination, expression and arrangement of any of the foregoing) contained within the Website(s) (“Oak Furniture Land Site Content”) shall, as between you and us, remain at all times owned and vested in us.

11.2   We grant you the limited, non-assignable, non-sublicensable, non-transferable, non-exclusive, revocable right to access and make use of the Oak Furniture Land Site Content solely as our User in connection with your use of the Website(s). However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website(s), any other User’s Content or any 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 Oak Furniture Land Site Content or any other User’s 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); (f) remove or delete any copyright or proprietary notices on any Oak Furniture Land Site Content; or (g) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.           

11.3   You shall not use, store, modify, upload, download, post, reproduce, copy, distribute, transmit, reverse engineer, rent, sell, lease, transfer, assign or exploit any of the Oak Furniture Land Site Content or any other User’s Content, in any manner without our prior written permission. 

11.4   All Oak Furniture Land Site Content, which includes without limitation 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), is 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 Oak Furniture Land Site Content on these pages may be reprinted or republished in any form without our express written permission. Except as provided herein, nothing contained in the Website(s) shall be construed as granting to you or any person a license or other rights to, in or under any patent, trademark, copyright or other intellectual property right of Oak Furniture Land or any third party.

11.5   If you download or use our software, such as any mobile application we may offer, you agree that the software may occasionally download and install upgrades, updates, and additional features from us to improve, enhance, and further develop the software and our Website(s).

12.       External Sites and Resources

We are not responsible or liable for the availability, content, advertising, products, services, other materials, actions or terms and conditions of any websites, apps or other offerings owned or controlled by any third party (collectively, “Third-Party Websites”), including without limitation any such Third-Party Website available to you within the Website(s) or through links. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of any such Third-Party Website or its privacy practices, 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 content, goods or services available on any such Third-Party Website. The terms and conditions applicable to a Third-Party Website will govern your use of the Third-Party Website.

13.       Disclaimers

13.1   WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED OR STATUTORY, 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 OR STATUTORY, IN RELATION TO THE WEBSITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, 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. Your use of the WEBSITE(S) is at your sole risk.

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 IS FREE OF VIRUSES OR BUGS OR IS FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. 

13.3   AS SET FORTH IN OUR PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE(S) AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE(S) BY YOU.

13.4   THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT OR CONSEQUENTIAL LOSSES, OR ANY OTHER INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND ARISING OUT OF YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE(S) OR ANY OAK FURNITURE LAND SITE CONTENT OR ANY CONTENT; 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. In no event will OUR aggregate liability for all claims relating to OR ARISING OUT OF ANY WEBSITE(S), OAK FURNITURE LAND SITE CONTENT, CONTENT OR THIRD-PARTY WEBSITE OR THESE TERMS OF SERVICE exceed $100. THE FOREGOING LIMITATIONS ON AND DISCLAIMERS OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15.       Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US, DEFEND AND HOLD HARMLESS US, OUR AFFILIATES, AND THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CUSTOMERS, AGENTS AND REPRESENTATIVES OF EACH OF THE FOREGOING AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES,  ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE, YOUR ACCESS TO OR USE OF THE WEBSITE(S) OR ANY THIRD-PARTY WEBSITE, YOUR VIOLATION OF APPLICABLE LAW OR ANY THIRD-PARTY RIGHT, YOUR CONTENT, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

16.       Resolution of Claims or Disputes

If you have any concerns or technical questions, please call our customer service department at 1-844-304-6777 or e-mail us at sales@oakfurnitureland.com.

Any claim or dispute between you and us (or any of our affiliates) arising out of or relating in any way to the products we sell, our Website(s), these Terms of Service, or our Privacy Policy shall be resolved through final, binding arbitration as set forth below. This obligation applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory, including without limitation all claims arising out of or relating to any aspect of our relationship; claims that may arise after the termination of these Terms of Service; and claims related to direct marketing efforts, including but not limited to, complaints concerning unsolicited text messages, emails, and telemarketing calls.

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 Agreement, 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 without limitation 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 be conducted at a JAMS facility in your area or in Massachusetts.

            (b) Selection of Arbitrator. Selection of an 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 and 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 of Service, 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 our share of costs, expenses and fees plus any costs, expenses and fees required of us 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 of Service. 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 these Terms of Service 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.

Any disputes regarding our Privacy Policy, these Terms of Service, any other Website Agreement or the Website(s) will be governed by the laws of the State of Massachusetts, applicable to agreements made and performed in Massachusetts

17.       Investigations of Violations of These Terms of Service

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 dca@dca.ca.gov.

19.       Miscellaneous

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.

19.2   These Terms of Service and our Privacy Policy, and all other terms or agreements that may be posted on the Website(s), as may be amended from time to time (all of the foregoing, collectively, the Website Agreements”) contain the entire agreement between you and us relating to the Website(s) and your use of the Website(s) and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

19.3   You may send us notices or communicate with us by phone at 1-844-304-6777 and/or by email at sales@oakfurnitureland.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 to us.

DATE LAST MODIFIED:  December 2018