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WWW.BOYLESFURNITURE.COM
WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ OUR TERMS AND CONDITIONS OF USE SET FORTH BELOW, BOYLES.COM
TERMS AND CONDITIONS OF SALE AND BOYLES.COM
SECURITY AND PRIVACY POLICY BEFORE USING THE BOYLES.COM OR BOYLESFURNITURE.COM
WEBSITES ("Boyles' Sites"). YOUR USE OF THE BOYLES' SITES IS GOVERNED
BY THESE TERMS AND CONDITIONS, AND IS YOUR ACCEPTANCE, ACKNOWLEDGEMENT
AND AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS. IF
THESE TERMS AND CONDITIONS OF USE OR OUR PRIVACY POLICY ARE NOT ACCEPTABLE
TO YOU FOR ANY REASON, YOU MUST EXIT THE BOYLES' SITES IMMEDIATELY AND
DISCONTINUE ALL USE OF THE BOYLES' SITES. THANK YOU.
License to Use the Boyles' Sites
Subject to the terms, conditions and restrictions set forth herein, Boyles
Distinctive Furniture Inc. ("Boyles") grants you permission to view and
use the Boyles' Sites and all information, materials and content made
available to you on the Boyles' Sites and to print individual pages from
the Boyles' Sites. As part of your viewing and using the Boyles' Site
pursuant to these Terms and Conditions of Use, you may download one (1)
printed copy of the content of the Boyles' Sites on a single computer
or CPU solely for the purpose of doing business with Boyles.
Restrictions on Use
The Boyles' Sites and its contents are for your personal and non-commercial
use only. This is a license only and not a transfer of title. You may
not copy, reproduce, post, modify, create derivative works based on, transmit,
distribute, transfer, display, perform, publish, license, sublicense,
rent or sell any information, data, software, products or services obtained
from the Boyles' Sites. You shall not: (a) decompile, reverse engineer
or disassemble software, (b) remove any copyright or other proprietary
notice from the content of the Boyles' Sites, (c) transfer the content
of the Boyles' Sites to another person, or (d) allow any one else to copy
or modify any portion of the content of the Boyles' Sites.
Ownership of Boyles' Sites and Content
Boyles owns all right, title and interest in and to the Boyles' Sites
and all information, data, copyrighted material, trademarks, images, illustrations,
designs, icons, photographs, video clips, audio clips, software, specifications,
catalogs, literature, advertisements, and other content on the Boyles'
Site, except for proprietary material contained in websites not owned
by Boyles which are linked to by the Boyles' Site or websites not owned
by Boyles which link to the Boyles' Sites ("Boyles' Proprietary Materials").
Boyles owns all right, title and interest on a worldwide basis in and
to all patent, copyright, trademark, trade dress, and other rights relating
to the Boyles' Proprietary Materials. Except as expressly granted herein,
Boyles grants no right, express or implied, to use any Boyles' Proprietary
Materials.
Ownership of Information, Suggestions, Ideas, Etc.
Any comments, suggestions, ideas or other submissions that you provide
to Boyles by using the Boyles' Sites or which are otherwise provided to
Boyles in connection with your use of the Boyles' Sites will become Boyles'
property and may be used by Boyles subject to the terms of our Privacy
Policy. The act of providing any such suggestion, ideas, feedback, or
materials constitutes an assignment to Boyles of all worldwide right,
title and interest, including copyright and other intellectual property
rights, in and to the material and information you provide to Boyles.
Boyles will be under no obligation whatsoever to use, respond to or pay
any compensation with respect to any idea, submission or suggestion provided
by you and may remove or delete any such idea, suggestion or submission
at any time in Boyles' sole discretion. No information, material, or comment
provided to Boyles by you through the Boyles' Sites may contain vulgar,
obscene, threatening or otherwise unlawful language or material. By providing
any comment, suggestion, idea or other submission to Boyles, you represent
and warrant that you own or otherwise control all of the rights to such
comments, suggestions, ideas or submissions including, without limitation,
all the rights necessary for you to provide the such comments, suggestions,
ideas or submissions to Boyles and for Boyles to use, copy, reproduce,
modify, create derivative works from, transfer, distribute, perform, publish,
license or sell the same.
Prohibited Use
You represent and warrant to Boyles that you will not use the Boyles'
Sites, or any content of the Boyles' Sites for any purpose that is unlawful
or prohibited by these Terms and Conditions of Use. You may not use the
Boyles' Sites in any manner which could damages, disable, overburden or
impair the Boyles' Sites, or interfere with any other person's or entity's
access, use or enjoyment of the Boyles' Sites. You may not obtain or attempt
to obtain any software, materials, information or data through any means
not intentionally made available or provided through the Boyles' Sites.
Changes to Boyles' Sites and Terms and Conditions of Use Boyles
has no duty to update the Boyles' Sites or the content thereof and Boyles
shall not be liable for any failure to update such information. Boyles
reserves the right to change, move or delete portions of or add to the
Boyles' Sites and these Terms and Conditions of Use from time to time
without prior notice to you. Your use of the Boyles' Sites following any
such changes constitutes your agreement to follow and to be bound by such
terms as changed. For that reason, Boyles recommends that you read these
Terms and Conditions of Use each time you visit the Boyles' Sites.
Products
Boyles reserves the right without prior notice to discontinue or change
specifications and prices on products offered on the Boyles' Sites. We
reserve the right to cancel a sale that is out of stock or to limit the
order quantity on any items without prior notice. All prices on the Boyles'
Sites are quoted in U.S. dollars and are valid only in the United States.
We charge sales tax as applicable by law. All purchases of products and
sales of products on or through the Boyles' Sites shall be governed only
by the terms and conditions set forth in the On-line Internet Orders --
Conditions of Sale.
Disclaimer The products & information on the Boyles' Sites may
not be available to you because of the distribution and sales policy of
each specific vendor or furniture manufacturer. Boyles makes no representation
or warranties regarding the accuracy, reliability, image color or completeness
of the content on the Boyles' Sites and to the extent permissible by law,
Boyles disclaims all warranties, express or implied, including but not
limited to implied warranties beyond what is offered by individual manufacturers
or suppliers. Also, Boyles does not warrant that the Boyles' Sites or
the hosting servers are free of computer viruses or other destructive
files.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE
INTERNET GENERALLY. BOYLES AND/OR ITS RESPECTIVE MANUFACTURERS AND SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED ON THE BOYLES' SITES FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES PROVIDED ON THE BOYLES' SITES ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. BOYLES AND/OR ITS
RESPECTIVE MANUFACTURERS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES,
BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL BOYLES AND/OR ITS
MANUFACTURERS AND/OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR
BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE BOYLES' SITES, WITH THE DELAY OR INABILITY TO
ACCESS OR USE THE BOYLES' SITES OR RELATED SERVICES, THE PROVISION OF
OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES OBTAINED THROUGH THE BOYLES' SITES, OR OTHERWISE ARISING
OUT OF THE USE OF THE BOYLES' SITES, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BOYLES OR ANY OF ITS
MANUFACTURERS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Links to Other Sites
The Boyles' Site may contain links to other sites so that you may learn
more about the products available at Boyles and other matters that Boyles
feels may be of interest to you as a Boyles customer. Boyles is providing
these links to you only as a convenience, and the inclusion of any link
does not imply endorsement by Boyles of the site or any association with
its operators. While Boyles will make every effort to ensure that these
sites will meet your approval, Boyles does not have control over, and
is in no manner responsible or liable for, the availability and content
of the sites to which the Boyles' Site is linked. Boyles is not responsible
for webcasting or any other form of transmission received from any linked
site. Any concerns regarding any product or service offered by a site
to which the Boyles' Site is linked or the link itself should be directed
to the operator of that specific site and not to Boyles.
Links to the Boyles' Site
By establishing a link to the Boyles' Site or any page thereof, you agree
to comply with the following terms and conditions of this Agreement. In
establishing a link to the Boyles' Site (a "Link"),
you may only use the marks, characters, graphics, symbols, servicemarks
and/or trademarks which have been approved in advance by Boyles (the "Mark(s)").
Requests for approval of the use of a Mark(s), as well as changes to any
Mark(s) or Link previously approved by Boyles, may be submitted to feedback@boyles.com
and shall include a link to the web site upon which the Link is proposed
to be placed. Upon receipt of written approval of the Mark(s) from Boyles,
Boyles grants you a limited, revocable, non-exclusive license to use the
Mark(s) solely as a Link to the Boyles' Site and for no other purpose,
in accordance with the terms described below and in accordance with Boyles'
servicemark/trademark policies, which may be changed from time to time
without notice and in Boyles' sole discretion. Boyles reserves all rights
in the Mark(s) and you shall not acquire any rights in the Mark(s). You
shall immediately cease using the Mark(s) or the Link at any time that
Boyles so requests. Your site shall not display content or link to other
web sites that in Boyles' opinion contain content that is illegal, obscene,
indecent, patently offensive, including without limitation content which
is sexually explicit, promotes violence, or promotes discrimination based
on race, sex, religion, natural origin, physical disability, sexual orientation
or age. Boyles reserves the right to terminate your right to use the Mark(s)
or the Link at any time and for any reason. Boyles shall have the right
at any time to review and approve or reject the text, format, size, surrounding
content and placement of the Mark(s) and Link. You may not make changes
to any approved ad or banner which would change the appearance of, the
content of, or the placement of any Mark(s) or the Link without the prior
written approval of Boyles. You agree that you have duly registered your
domain name and possess all rights necessary to use the same. You are
expressly prohibited from accessing, collecting, storing, disclosing or
transferring or using any information obtained or derived from a user's
access to or use of the Boyles' Site. You may, however, access, collect,
store, disclose or transfer or use any information independently obtained
or derived from a user's access to or use of your own web site.
Copyrights and Trademarks
All contents of the Site are: Copyright © 2001 Boyles Distinctive Furniture,
Inc. and/or its subsidiaries, affiliates or suppliers. All rights reserved.
References throughout the Boyles' Sites to terms that appear with (TM),
(R) or ® markings are considered proprietary trademarks, service marks
and trade names owned by Boyles, unless otherwise expressly specified.
All rights not expressly granted herein are reserved by Boyles and/or
its subsidiaries, affiliates or suppliers.
Indemnification by You
You agree to indemnify, defend and hold harmless Boyles, its employees,
directors, officers, agents, subsidiaries and affiliates from and against
any and all claims, damages and costs, including reasonable attorneys'
fees and related expenses, arising from or related to your use of the
Boyles' Sites or the material provided therein, any breach by you of these
Terms and Conditions of Use and any claim that you have violated a user's
privacy rights by collecting or using information about user's of the
Boyles' Sites.
Termination/Access Restriction
Boyles reserves the right, in its sole discretion, to terminate your access
to any or all of the Boyles' Sites and the related services or any portion
thereof at any time, without notice.
General
The Boyles' Sites are controlled and operated by Boyles from its offices
in North Carolina. This agreement will be construed in accordance with
the laws of the State of North Carolina without regard to any conflict
of law provisions. Any dispute arising by virtue of your use of the Boyles'
Sites or any material found thereon will be resolved exclusively by, and
you hereby agree to the exclusive jurisdiction of, the state and federal
courts in Charlotte, North Carolina. Use of the Boyles' Sites are unauthorized
in any jurisdiction that does not give effect to all provisions of these
Terms and Conditions of Use, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Boyles as a result of this agreement or use of
the Boyles' Sites. Boyles' performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement
is in derogation of Boyles' right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Boyles'
Sites or information provided to or gathered by Boyles with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then
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 continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Boyles with respect to the Boyles'
Sites and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and Boyles
with respect to the Site. In the event that any of these Terms and Conditions
of Use conflict with the any other terms and guidelines contained within
the Boyles' Sites, then these Terms and Conditions of Use shall control.
Copyright © 2001 Boyles Distinctive Furniture, Inc.
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