Disclaimer of Warranty and Liability
THIS SITE, ITS CONTENTS, AND SITE-RELATED SERVICES ARE PROVIDED "AS IS" AND WITH ALL FAULTS. DIRECT FURNITURE DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER DIRECT FURNITURE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnification
You agree to defend, indemnify and hold Direct Furniture and its service providers harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of these Terms of Use, including but not limited to User Content.
Intellectual Property Rights
Unless otherwise noted, the Site and its entire content, features, and functionality (including all information, software, text, displays, images, video, audio, and the compilation thereof) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Direct Furniture, its suppliers or affiliates, or by third parties who have licensed their materials to Direct Furniture and are protected by the U.S. and international copyright, trademark, patent, trade secure and other intellectual property or proprietary laws.
Direct Furniture and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Direct Furniture's or any third party's intellectual property rights.
The Direct Furniture names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Direct Furniture Modern Home. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo, or mark in any manner.
Third-Party Resources; Links
If the Site contains links to other sites and resources, provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements. We have no control over the contents of such sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. The availability of any third party sites or resources through the Site does not imply our endorsement of or our affiliation with any provider of such third party sites or resources. If you decide to access any of the third-party sites or resources linked to this Site, you do so at your own risk and subject to the terms and conditions of use for such sites or resources.
Infringing Material/DMCA.Notification Procedures
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to the email address listed in “Contact Information” below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Site, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
• A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter-Notification Procedures
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to the email address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use.
Your Account and Computer Data Safety
When and if you use the Site, it shall be your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the "Account"). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves, and other similar problems.
Site Rules; User Content
Any comments, suggestions, ideas, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media access in the future through us or our Site or related to or associated with us ("User Content") are provided on a non-confidential and non-proprietary basis. By submitting User Content, you are granting us an irrevocable and unrestricted license to the User Content for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution, or creating derivative works.
You agree that no User Content will:
• Violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights;
• Contain any material that is libelous, unlawful, abusive, offensive, obscene, harassing, or otherwise objectionable;
• Contain pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law;
• Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Be likely to deceive any person;
• Cause annoyance, inconvenience or be likely to upset any other person;
• Impersonate any person or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, including sales promotions, contests, or advertising; or
• Give the impression that they originate or are endorsed by Direct Furniture or any other person or entity.
You are and shall remain solely responsible for any of your User Content, including its legality, reliability, accuracy, and appropriateness. Blu Dot reserves the right to monitor, modify, or delete any User Content, in our sole discretion.
In connection with the Site, you must not:
• Post, transmit, or otherwise make available through or in connection with the Site, any virus, work, Trojan horse, time bomb, or other computer code, file or program that is potentially harmful or malicious;
• Use any device, software or routine that interferes with the Site;
• Restrict or inhibit any other person from using the Site;
• Collect information about users of the Site or Blu Dot customers;
• Reproduce, modify, adapt, translate, create derivative works of or otherwise exploit any portion of the Site;
• Use the Site in any unlawful or fraudulent manner;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site; the server on which the Site is stored, or any server, computer or database connected to the Site.
• Use any automatic device, process or means to access the Site for any purpose, including monitoring or copying content on the Site; and
• Otherwise attempt to interfere with the proper working of the Site.
Site Access
We may discontinue all or part of this Site at any time. We may block, limit or terminate your access to this Site for any reason, including if: (a) you violate these Terms of Use; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
Product Pricing, Availability, and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Direct Furniture reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
Product Display/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using.
Transactions
We may make available the ability to purchase or otherwise obtain certain Products through the site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, including your credit card number and expiration date, your billing address, and shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant Direct Furniture the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when the charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transaction.
Non-Commercial Use
This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale unless previous, written authorization has been provided.
Contest Promotions
Any sweepstakes, contests, surveys, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.
Governing Law; Arbitration; Jurisdiction
These Terms of Use are governed by the laws of the State of Minnesota, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and Direct Furniture, whether based in contract, tort, statute, fraud, misrepresentation or other legal theory, will be resolved through final and binding arbitration in accordance with the American Arbitration Association’s rules and procedures. The arbitration shall take place in Minneapolis, Minnesota. The award rendered by the arbitrator may be confirmed and enforced in the courts of Hennepin Country, Minnesota, U.S.A, and any other court of competent jurisdiction.
YOU AGREE THAT DIRECT FURNITURE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY. YOU FURTHER AGREE THAT ANY ARBITRATION OR DISPUTE RESOLUTION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The Site is controlled and operated from the United States, and are not intended to subject Direct Furniture to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any geographic area or jurisdiction that we choose.
Contact Information
If you have questions or comments about these Terms of Use, please contact us via email at [email protected] or phone at 404-477-0038