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Terms of Use
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Badcock Economy's Terms of Use
This site is provided as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to its terms.
Availability
While we will make every effort to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product or service, to remove any Materials listed on this Site and to change pricing, terms, specifications and warranties at any time without notice. Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets or distribution channels. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any local sales that may apply to your order. Also, please note that some of the products displayed on this Site or in our catalog, including any sale or discounted items, may or may not be available in our Badcock Economy stores and visa versa. Please read our Product Return Policy carefully.
Limited License
Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and individual pages, and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. This authorization is not a transfer of title in any of the products, software, information or materials located on our Site (collectively, "Materials") and copies of the Materials is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, publish, perform, license, sell, create derivative works from, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. In addition, as a condition of your use of this Site, you represent and warrant to us that you will not use this Site for any purpose that is unlawful, immoral or prohibited by applicable law or by this Agreement. Other than this Agreement and agreements between you and Badcock Economy relating to the sale of products or services to you through this Site, Badcock Economy will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site.
Modifications
We may modify, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to all or any part of the Site without notice or liability. We may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. We reserve the right to change product pricing, terms, specifications and warranties without notice. We also reserve the right to update or modify these Terms of Use at any time without prior notice and your use following any such change means that you unconditionally agree to follow and be bound by these Terms of Use as changed. For this reason, we encourage you to review these Terms of Use whenever you use this Site.
Site Materials, Trademarks and Copyrights
All of the content you see on this Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to intellectual property rights or licenses (where applicable) held by Badcock Economy, one of its affiliates (if any) or by third parties who have licensed their materials to Badcock Economy. The Badcock Economy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Badcock Economy or one of its affiliates, if any. All other marks are the property of their respective companies.
Badcock Economy aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Badcock Economy may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Badcock Economy. Badcock Economy prohibits use of its logos as part of a link to or from any site unless establishment of such a link is approved in advance by Badcock Economy in writing.
All content and Materials on this Site, and all software used on this Site, is the property of Badcock Economy or its content or software suppliers, as applicable, and protected by U.S. and international copyright laws. You may use the Materials on this Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Materials on this Site is strictly prohibited. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws. Nothing on this Site should be construed as granting, by implication, estoppels or otherwise, any license or right to use any copyright displayed on the Site, without the prior written permission of the copyright owner. Viewing this Site may create a copy of Badcock Economy Materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
Patents
One or more patents may apply to this Site.
Colors
We have done our best to display as accurately as possible the colors of the products shown on our Site. However, because the colors you see will depend, in large part, on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Correction of Errors
While our goal is a 100% error-free Site, we do not guarantee that any Materials or other content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer, to update content and Materials on our Site and to correct any errors, inaccuracies or omissions at any time without notice. We also reserve the right to refuse or cancel any order containing any error or inaccuracy, including after the order has been submitted, whether or not the order has been confirmed (or accepted) and your credit card charged. If your order is canceled after your payment has been processed, we will issue a full refund to the original pay type.
Third-Party Sites
As a convenience and reference to you only, we may provide on our Site links to websites operated by others. If you link to and/or use these other websites, you will leave this Site and please understand that we have no control over the content on those other websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses, worms, trojan horses and other items of a destructive nature. We make no warranty or representation regarding any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that we or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Badcock Economy or any of its affiliates or subsidiaries.
External Links to Our Site
All links to our Site must be approved in writing by us, except that we consent to links in which the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Badcock Economy nor be such as to damage or dilute the goodwill associated with the name and trademarks of Badcock Economy or its affiliates. We reserve the right to revoke this consent to link at any time in our sole and absolute discretion.
Employment Information
Badcock Economy also may make employment information available through this Site. Badcock Economy is an equal opportunity employer. Badcock Economy provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status or disability. Badcock Economy policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
Information Provided By You
Any personal information you may provide to us via this Site is protected by the Privacy Policy associated with this Site. We do not want you to, and you should not, send any confidential or proprietary information to us via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to us including, without limitation, any comments, feedback, ideas, data, suggestions or the like regarding this Site, or submitted or offered in connection with your use of this site in connection with our products, services or other Materials (collectively, "Feedback"), will not be considered confidential or proprietary. You further understand and agree that we shall have no obligation of any kind with respect to such Feedback and that you are and shall remain solely responsible for the content of any such Feedback. By providing any such information or materials, including Feedback, to us, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, disclose, publicly perform, transmit and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, know-how and/or Feedback that you or individuals acting on your behalf provide to us including, but not limited to, developing, manufacturing and marketing products and services incorporating such ideas, concepts, know-how and/or Feedback. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in our use, commercial or otherwise, of any Feedback. We shall not be under any obligation to maintain any Feedback in confidence; to pay to you any compensation for any Feedback; or to respond to your Feedback. You further recognize that we do not want you to, and you warrant that you shall not, provide any information or materials to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
NO WARRANTIES; EXCLUSION OF LIABILITY
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF BADCOCK ECONOMY OR ANY OF ITS AFFILIATES OR AGENTS. THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKES NO REPRESENTATIONS AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, OR THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE AND WE MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE., ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE CONTENT OR THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. IN NO EVENT WILL WE. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
International Users
This Site is controlled, operated and administered within the United States of America. We make no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials and/or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. Information, products and materials published on the World Wide Web may contain references or cross references to our products, programs and services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs or services in your country.
Contacting Us
If you have any questions about this Agreement, please call us at 561-694-8588 and ask to speak to the Legal Department or write us at:
Badcock Economy Furniture Store Inc.
Attention: Legal Department 3931 RCA Blvd Ste 3122 Palm Beach Gardens, FL 33410
Please note, however, that we do not guarantee that we will receive all of your communications or other information timely and we will not be legally obligated to read, act on or respond to any such communication or other information.
Although Badcock Economy will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), Badcock Economy does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.
Indemnification
You agree to defend, indemnify, and hold Badcock Economy and its parent and affiliates, and its and their respective directors, employees, agents, successors, and assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of this Site.
Termination of Use
We may terminate your access, or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, us or our parent or affiliates.
Governing Law/Venue
You agree that this agreement and your use of this Site are governed by the laws of the State of Florida, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Palm Beach County, Florida, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this Agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Badcock Economy has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that Materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Palm Beach County, Florida, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
Badcock Economy's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Badcock Economy's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Badcock Economy with respect to such use.
Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Severability
If all or any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall govern such use.
Entire Agreement
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.
Independent Contractor
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of this Site.
Modification
No modification of this Agreement shall be effective unless it is authored and/or signed by Badcock Economy. A printed version of this Agreement and/or of any notice given by us in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by us in printed form.
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