Conditions of Use
 
• User Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on FurnitureModern.com, which take effect when we post them. By continuing to access or use FurnitureModern.com after any such amendment, you agree to be bound by the terms of the amended Agreement.

• A Note about Minors

FurnitureModern.com is not targeted towards, nor intended for use by anyone under the age of 18. By using the FurnitureModern.com web site you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use access or register for FurnitureModern.com. We reserve the right to terminate your, if any, membership, or refuse to ship merchandise in the event that FurnitureModern.com becomes aware you are under 18.

• Copyrights

All content available on the FurnitureModern.com web site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by FurnitureModern.com., with all rights reserved, or is the property of FurnitureModern.com, or third parties protected by intellectual property rights.

• Trademarks

All trademarks, service marks and trade names of FurnitureModern.com used in the site are trademarks or registered trademarks of FurnitureModern.com.

• Typographical Errors

FurnitureModern.com continually reviews the content of this site for errors or omissions. Occasionally, however, there may be an error in the information or pricing of our products. We know that correct and timely information is an important concern of our customers. If an order is processed with a wrong price, FurnitureModern.com will honor this order as long as it is priced within 20% of the actual price, unless we notify you of this error within 3 business days of the purchase date.

In the event that there was an error in pricing of more than 20% or in instances where we notify you about the error within three (3) business days, you will have the option of canceling your order or keeping the order by changing it to the correct pricing. If you choose to cancel your order, we will immediately credit your charge card account. FurnitureModern.com will also notify you if other information about a product you have ordered is incorrect; you will have the option of canceling your order at this time.

• No Liability on Product

FurnitureModern.com continually works with our manufacturers to provide you with the best products and value. FurnitureModern.com does not manufacture any of the products on our site and cannot be liable for any direct, indirect or punitive damages arising out of or in connection with the use or performance of any of the products available on this site. You understand and agree that the owners of this site shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use or the inability to use the product(s) and or service(s) or any misuse of the product(s) and or service(s) in a manner not in accordance with their intended use.

If any provision of this agreement is held to be unenforceable, then such provisions shall be modified or eliminated to the extent necessary so that such provisions and all other provisions of this agreement shall be enforceable.

• Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, FurnitureModern.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. FurnitureModern.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. FurnitureModern.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

• Limitation of Liability

FurnitureModern.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if FurnitureModern.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

• Term | Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by FurnitureModern.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

• Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of FurnitureModern.com products) shall be in the state or federal courts located in Broward County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of FurnitureModern.com products) must be commenced within one (1) year after the claim or cause of action arises. FurnitureModern.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. FurnitureModern.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

• Governing Law/Arbitration

This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or furnishingschina.com shall be settled by binding arbitration in Broward County, Florida in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Florida law. However, (a) each of us may seek interim relief from a Broward County, Florida court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.

• Integration

This Agreement constitutes the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.

• Indemnification

You agree to indemnify, defend, and hold harmless FurnitureModern.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

• Third-Party Links

In an attempt to provide increased value to our visitors, FurnitureModern.com may link to sites operated by third parties. However, even if the third party is affiliated with FurnitureModern.com, FurnitureModern.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FurnitureModern.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FurnitureModern.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 
 
 
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