TERMS OF USE/USER AGREEMENT
(REVISED 2003)
THIS AGREEMENT DESCRIBES
THE TERMS BY WHICH E-FURNCO.COM (WWW.E-FURNCO.COM)
OFFERS YOU ACCESS TO E-FURNCO.COM (WWW.E-FURNCO.COM)
THE WEB SITE. BY ACCESSING, BROWSING AND/OR USING THIS SITE ("SITE"),
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE
BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS.
THESE TERMS AND CONDITIONS
APPLY TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO ACCEPT THE FOLLOWING
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
ACCEPTANCE OF CONTRACT TERMS
THE FOLLOWING ARE TERMS OF A LEGAL
AGREEMENT BETWEEN YOU AND E-FURNCO.COM (WWW.E-FURNCO.COM),
WHICH ARE IN ADDITION TO TERMS IN ANY OTHER AGREEMENTS, WRITTEN OR OTHERWISE,
THAT YOU MAY HAVE WITH E-FURNCO.COM (WWW.E-FURNCO.COM)
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE, TO BE BOUND
BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS,
INCLUDING U.S. AND OTHER COUNTRIES IMPORT, EXPORT, AND RE-EXPORT CONTROL
LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE
THIS SITE.
THE MATERIAL PROVIDED
ON THIS SITE IS PROTECTED BY LAW, INCLUDING, BUT NOT LIMITED TO,
UNITED STATES COPYRIGHT LAW AND INTERNATIONAL TREATIES. THIS SITE
IS CONTROLLED AND OPERATED BY E-FURNCO.COM (WWW.E-FURNCO.COM),
WHICH MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE
OR AVAILABLE FOR USE IN ALL LOCATIONS, OR THAT THERE IS ACCESS
TO THEM FROM TERRITORIES WHERE THEIR CONTENTS IS ILLEGAL OR IS
PROHIBITED. ALL PERSONS WHO CHOOSE TO ACCESS THIS SITE FROM SUCH
LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR
COMPLIANCE WITH APPLICABLE LOCAL LAWS.
USE RESTRICTIONS
THE COPYRIGHT IN ALL MATERIAL
PROVIDED ON THIS SITE IS HELD BY E-FURNCO.COM (WWW.E-FURNCO.COM)
OR BY THE ORIGINAL CREATOR OF THE MATERIAL. EXCEPT AS EXPLICITLY AGREED
TO BY E-FURNCO.COM (WWW.E-FURNCO.COM)
IN WRITING, NONE OF THE MATERIAL MAY BE COPIED, REPRODUCED, DISTRIBUTED,
REPUBLISHED, DOWNLOADED, DISPLAYED, POSTED OR TRANSMITTED IN ANY FORM
OR BY ANY MEANS, INCLUDING, BUT NOT LIMITED TO, ELECTRONIC, MECHANICAL,
PHOTOCOPYING, RECORDING, RECORDED COPIES OR OTHERWISE, WITHOUT THE PRIOR
WRITTEN PERMISSION OF E-FURNCO.COM (WWW.E-FURNCO.COM)
PERMISSION IS GRANTED TO DISPLAY
THE MATERIALS ON THIS SITE IN CONNECTION WITH THE SALE OF MERCHANDISE
PURCHASED FROM E-FURNCO.COM (WWW.E-FURNCO.COM)
IN YOUR PERSONAL USE, PROVIDED YOU DO NOT MODIFY THE MATERIALS AND THAT
YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES CONTAINED IN
THE MATERIALS. THIS PERMISSION TERMINATES AUTOMATICALLY IF YOU BREACH
ANY OF THESE TERMS OR CONDITIONS OR ANY TERMS OR CONDITIONS IN ANY OTHER
AGREEMENT YOU HAVE WITH E-FURNCO.COM (WWW.E-FURNCO.COM)
UPON SUCH TERMINATION, YOU MUST IMMEDIATELY DESTROY ANY DOWNLOADED AND
PRINTED MATERIALS. YOU ALSO MAY NOT, WITHOUT E-FURNCO.COM
(WWW.E-FURNCO.COM)'S
PERMISSION, "MIRROR" ANY MATERIAL CONTAINED ON THIS SITE ON ANY OTHER
SERVER. ANY UNAUTHORIZED USE OF ANY MATERIAL CONTAINED ON THIS SITE
MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, THE LAWS OF PRIVACY AND
PUBLICITY, AND COMMUNICATIONS REGULATIONS AND STATUTES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL E-FURNCO.COM
(WWW.E-FURNCO.COM)
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING
OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF E-FURNCO.COM (WWW.E-FURNCO.COM)
OR AN E-FURNCO.COM (WWW.E-FURNCO.COM)
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED
FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME
ANY COSTS THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
E-FURNCO.COM (WWW.E-FURNCO.COM)
CLAIMS NO RESPONSIBILITY FOR AND HAS NO LIABILITY FOR THE ACCURACY,
CONTENT, OR AVAILABILITY OF INFORMATION ACCESSED OR LINKED TO THROUGH
USE OF THE SITE. IN ADDITION, WE ENCOURAGE USERS TO DETERMINE WHAT RESTRICTIONS
THE AUTHORS AND PROVIDERS OF LINKED-TO WEB SITES HAVE PLACED UPON USE
OF THE INFORMATION CONTAINED IN THOSE WEB SITES, AND TO ABIDE BY ALL
RESTRICTIONS PLACED ON THAT INFORMATION BY THE INFORMATION'S AUTHORS
AND PROVIDERS. YOU MAY ELECT TO USE AND/OR PURCHASE THIRD PARTY PRODUCTS
AND/OR SERVICES FROM THIRD PARTIES THAT WE MAY LINK TO OR INDEX, BUT
PLEASE REMEMBER THAT E-FURNCO.COM (WWW.E-FURNCO.COM)
DOES NOT CREATE, ENDORSE, OR SPONSOR THAT MATERIAL OR SERVICE. IF YOU
USE OR PURCHASE ANY THIRD-PARTY SERVICES OR PRODUCTS THAT WE INDEX OR
LINK TO, YOU DO SO COMPLETELY AT YOUR OWN RISK.
WARRANTIES
THE SITE, INVENTORY AND ANY DATA
PROVIDED VIA THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, SUITABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. E-FURNCO.COM
(WWW.E-FURNCO.COM)
MAKES NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING,
WITHOUT LIMITATION, THOSE WARRANTIES RELATED TO TIMELINESS, SEQUENCE,
COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, AND ANY IMPLIED WARRANTIES
ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL
OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LIABILITY (I) FOR
ANY DELAY OR FAILURE TO COMPLETE A TRANSACTION, OR (II) FOR ANY COST
OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III)
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES,
LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION
OR INCREASED EXPENSES OF OPERATION, COST OF COVER, OR OTHER INDIRECT
LOSS OR DAMAGE, EVEN IF E-FURNCO.COM (E-FURNCO.COM)
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
E-FURNCO.COM (WWW.E-FURNCO.COM)
SHALL NOT BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY FOR ANY UNAVAILABILITY
OF MERCHANDISE LISTED IN THE E-FURNCO.COM (WWW.E-FURNCO.COM)
CATALOG AND/OR OF THE SITE DUE TO ANY REASON, INCLUDING ANY INTERRUPTION
OR UNAVAILABILITY OF ANY THIRD PARTY SERVICE.
E-FURNCO.COM (WWW.E-FURNCO.COM)
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF THE
CATALOG AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING UPON ANY REPRESENTATIONS
OR OPINIONS OF E-FURNCO.COM (WWW.E-FURNCO.COM)
TO INFLUENCE YOUR DECISION TO PURCHASE ANY MERCHANDISE IN THE CATALOG.
MISCELLANEOUS
THE ITEMS POSTED BY E-FURNCO.COM
(WWW.E-FURNCO.COM)
AND ANY TRANSACTION TO WHICH E-FURNCO.COM (WWW.E-FURNCO.COM)
IS A PARTY IS CONFIDENTIAL AND PROPRIETARY INFORMATION WHICH SHALL NOT
IN ANY WAY BE DISCLOSED TO ANY THIRD PARTY OTHER THAN THOSE WITH WHOM
YOU HAVE A CONFIDENTIAL OR FIDUCIARY RELATIONSHIP AND SHALL BE USED,
IN ALL INSTANCES, SOLELY FOR YOUR INDIVIDUAL PURPOSES. PORTIONS OF THE
SITE AND DATA CONTAINED HEREIN ARE COVERED BY VARIOUS INTELLECTUAL PROPERTY
RIGHTS, INCLUDING PATENT RIGHTS (35 U.S.C. §100 ET SEQ.), COPYRIGHTS
AND ALL DERIVATIVE WORKS (17 U.S.C. §101 ET SEQ.), AND TRADEMARK RIGHTS
(15 U.S.C. §1051 ET SEQ.). YOU ACKNOWLEDGE THAT E-FURNCO.COM
(WWW.E-FURNCO.COM)
IS THE SOLE OWNER OF ALL SUCH INTELLECTUAL PROPERTY RIGHTS IN THE WEB
SITE AND DATA CONTAINED HEREIN.
IF E-FURNCO.COM (WWW.E-FURNCO.COM)
MUST RELY UPON YOUR UNIQUE USER NAME AND PASSWORD IN IDENTIFYING YOU
AS A CUSTOMER, ACCORDINGLY, YOU SHALL AT ALL TIMES MAINTAIN THE SECRECY
AND INTEGRITY OF YOUR USER NAME AND PASSWORD AND SHALL NOT DISSEMINATE
OR OTHERWISE DISCLOSE YOUR USER NAME OR PASSWORD TO THIRD PARTIES. YOU
SHALL BE RESPONSIBLE FOR ANY USE OF YOUR USER NAME AND PASSWORD, INCLUDING
ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE USING YOUR USER NAME
AND PASSWORD. E-FURNCO.COM (WWW.E-FURNCO.COM)
SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OF YOUR USER NAME OR PASSWORD.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS,
AND DEFEND AT YOUR OWN COST E-FURNCO.COM (WWW.E-FURNCO.COM)
AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS
(THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY LIABILITY, CLAIM, LOSS
OR DAMAGE (INCLUDING ATTORNEY'S FEES AND OTHER EXPENSES) ARISING OUT
OF OR IN CONNECTION WITH ANY INACCURACY OF A REPRESENTATION OR BREACH
OF A WARRANTY OR COVENANT MADE BY YOU HEREIN.
THIS AGREEMENT IS GOVERNED BY
THE LAWS OF THE BRITISH VIRGIN ISLANDS WITHOUT APPLICATION OF THE PRINCIPLES
OF CONFLICTS OF LAW. EACH PARTY SUBMITS TO THAT JURISDICTION FOR ANY
ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, AND EXPRESSLY WAIVES
ANY OBJECTION IT MAY HAVE TO SUCH JURISDICTION OR THE CONVENIENCE OF
SUCH FORUM.
SHOULD ANY PROVISION OF THIS AGREEMENT
BE HELD BY A COURT OF LAW TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THE
LEGALITY, VALIDITY, AND ENFORCEABILITY OF THE REMAINING PROVISIONS OF
THIS AGREEMENT SHALL NOT BE AFFECTED OR IMPAIRED THEREBY. THE FAILURE
OF ANY PARTY TO ENFORCE ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT,
UNLESS WAIVED IN WRITING, SHALL NOT CONSTITUTE A WAIVER OF THAT PARTY'S
RIGHT TO ENFORCE EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.
ANY PRIOR AGREEMENTS BETWEEN YOU AND E-FURNCO.COM (WWW.E-FURNCO.COM)
SHALL REMAIN IN FULL FORCE AND EFFECT. IN THE EVENT THAT THERE ARE CONFLICTS
BETWEEN SUCH PRIOR AGREEMENTS AND THIS AGREEMENT, THIS AGREEMENT SHALL
CONTROL.
TERM OF USE REVISIONS
E-FURNCO.COM (WWW.E-FURNCO.COM)
MAY AT ANY TIME REVISE THESE TERMS OF USE BY UPDATING THIS POSTING.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND
SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN
CURRENT TERMS OF USE TO WHICH YOU ARE BOUND.
