TERMS AND CONDITIONS OF USE:
Imperial Furniture(“ imperialfurniturelv.com”) owns and operate this Website. This document governs your relationship with imperialfurniturelv.com(“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Any information we gather at this web site is strictly for our use and is not shared with any other entity, public or private, for any reason. We will not sell or give away any lists or other data that we may retain and we do not purchase such information from other sources.
Our servers (as most) track IP addresses and referring pages to help with site maintenance and improvements. This data is viewed only as anonymous statistics to show the busiest times of the day or week, pages with errors and how effective our advertising has been. This information is not used for any other purpose.
Personal Information Collected - Order Forms
With the exception of credit card info, we store the information from your order form to allow us to track consulting issues or refer to a previous order to help provide some customer service. You may elect to have your information completely removed from this system by e-mailing us at firstname.lastname@example.org with your request. We do not store any type of sales information.
Information Correction or Removal
If you wish to correct, update or remove any information about you that may be in our records, please send us e-mail at email@example.com with the details of your request. If you wish to contact us further, please find complete contact information on ourcontact page.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and imperialfurniturelv.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of imperialfurniturelv.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by imperialfurniturelv.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with imperialfurniturelv.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. imperialfurniturelv.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be imperialfurniturelv.com or may in some cases be a third party. Where a contract is made with a third party imperialfurniturelv.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law imperialfurniturelv.comand its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect [Your Online Store URL]'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with imperialfurniturelv.comand you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to [Your Online Store URL].
You agree to indemnify, defend and hold harmless [Your Online Store URL], its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
imperialfurniturelv.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Imperial Furniture. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of imperialfurniturelv.com
Our Website (available at https://imperialfurniturelv.com/) (the "Website", or "Site") is provided to you by Main Sales Solution Inc (“Company”) on behalf of Imperial Furniture ("we," "us" or "our").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SITE.
1. Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By accessing and using our Website, you acknowledge and agree to be legally bound by these Terms. In addition, for certain activities on the Site that require you to be a Registered User, we may further confirm your consent by asking you to click an "I accept" button. If you do not agree with these Terms, please refrain from using our Site.
2. Obtaining a Password; Use of Your Password. Customers are allowed to create an account on the Website in order to move through the online checkout process faster, store multiple shipping addresses, view orders and take advantage of other helpful services that we offer. Online accounts are accessible only to Registered Users that have a username and password. If you are a Registered User and obtain a username and password, please keep in mind that we will treat anyone who uses your username and password as "you." We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for user activities associated with your username and password. We therefore recommend that you maintain your username and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to your use of our Website. We also recommend that you notify us immediately if you suspect that someone is using your username and password in this manner.
4. Grant of Rights to Users. Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available and, if expressly authorized, password-protected areas of our Website, Website Content and Website Services in order to: (i) learn more about Company and the products and services that we offer; (ii) provide information to us through our Website; (iii) purchase Company products; (iv) download and print pages from our Website onto one (1) computer hard drive; and (v) access other information that we make available through our Website (collectively, the "General Permitted Purposes"). You acknowledge and agree that the Website, Website Content and Website Services are made available solely for your personal, non-commercial use, and that the General Permitted Purposes allow only personal, non-commercial use. Any other use of the Website, Website Content and Website Services is strictly prohibited.
5. Company Ownership; Reservation of Rights. All information, software, artwork, trademarks, text, video, audio, pictures, logos, and other content on the Website or embodied in our products and services, including all associated intellectual property rights (collectively, the "Website Content"), is the property of Company and its licensors, or is used under principles of fair use. Company retains all rights with respect to the Website, Website Content and Website Services except those expressly granted to you in Section 4 (Grant of Rights to Users). The term "Website Content" expressly excludes Submitted Content.
6.1 Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy, modify, display, distribute, perform, use and otherwise exploit the Submitted Content in any manner, without compensation to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish Submitted Content on our Website in whole or in part, and whether cropped, adopted, altered or otherwise manipulated, for as long as we choose.
6.2 Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights. For example, by emailing us a testimonial of your experience with our products along with a photo of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the Use Rights in the photograph.
6.3 Submitted Content Containing Personally Identifiable Information. If you provide Submitted Content to the Website, by way of e-mail or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us for posting on the Website or post directly on our Site may, once posted, be publicly available to anyone accessing our Website. Although we may review Submitted Content prior to using it, we make no representations or warranties regarding any Submitted Content or our review of such Submitted Content. In addition, any Personally Identifiable Information that is included in Submitted Content that you intend to have posted on our Site will be treated as public Submitted Content and is expressly excluded from the definition of "Personally Identifiable Information." For example, you may include your name, mailing address, and email address in a product review. This information will be publicly available, and will no longer qualify as Personally Identifiable Information. As such, please use discretion when including Personally Identifiable Information and other details in Submitted Content that you provide to us.
6.5. #aidealfurniture Usage: BY USING #aidealfurniture, EACH USER AGREES TO PROVIDE AIDEAL DISCOUNT FURNITURE WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON SPONSOR’S WEBSITES, AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, COPYRIGHTS AND TRADEMARK RIGHTS. BY WAY OF CLARIFICATION, AND NOT LIMITATION, YOU ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO ANY COMPENSATION IN CONNECTION WITH OUR USE OF ANY UPLOADED IMAGE(S) THAT YOU PROVIDE.
7. Code of Conduct; Revocation or Suspension of Use Privileges. By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code of Conduct, you shall not:
• Upload, email or otherwise transmit any image or other content that is unlawful, obscene, harmful, hateful, invade the privacy of any third party, contain nudity or pornography or is otherwise objectionable.
• Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information or other materials that reveal personal, private or sensitive information about another person, without that person's consent.
• Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.
• Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images and text in electronic form – can easily be copied, modified and sent over the internet. These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.
• Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personally Identifiable Information.
• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
• Use the Website in a manner that could disable, overburden or impair the Website or Website Services or interfere with any other party's use and enjoyment of the Website and Website Services, such as through sending "spam."
• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.
• Seek to obtain access to any materials or information through "hacking", "data harvesting" or through other means we have not intentionally made available to you through the Website.
• Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
9. Disclaimer of Endorsements; Information Accuracy. The information made available through the Website (including, but not limited to, Submitted Content provided by other users), Website Services and Website Content is made without any endorsement of any kind by Company. In addition, while we may review information before it is posted on our Website, we do not undertake to validate the accuracy and timeliness of this information.
10. Website Terms of Purchase. Any purchases you make through our Website are governed by our Cancellations / Refunds Policy, which can be found at http://www.aideal.com/cancellations-refunds.
11. California Prop 65: Company Furniture products contain chemicals known to the state of California to cause cancer or birth defects or other reproductive harm.
12. Warranty Disclaimer. On our Website you are able to (i) obtain information about our products and services; (ii) purchase our products, (iii) manage your contact and billing information if you have previously provided it through the Website; and (iv) keep track of your orders (collectively, "Website Services"). This Section 12 (Warranty Disclaimer) applies only to our Website Services. Our Cancellations / Refunds Policy, which can be found at /returns-and-exchanges, cover warranties and warranty disclaimers for goods and services that you have purchased.
We do not promise that the Website, Website Services or Website Content will be error-free, uninterrupted or without inaccuracies. The Website, Website Services and Website Content are all provided on an "AS IS" and "AS AVAILABLE" basis. We do not represent or warrant that the Website, Website Services, Website Content or files you download from the Site will be free of viruses, inaccuracies or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE, WEBSITE CONTENT AND WEBSITE SERVICES IS AT YOUR SOLE RISK.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE, WEBSITE CONTENT OR WEBSITE SERVICES. IN NO EVENT SHALL COMPANY AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE, WEBSITE CONTENT OR WEBSITE SERVICES RECEIVED FROM COMPANY EXCEED U.S. $250.00.
14. Indemnity. You agree to defend, indemnify and hold Company and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
15. Contact for Alleged Copyright Infringement. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA") to respond to such concerns, as follows:
Attn: Director of Digital Marketing
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
16. Monitoring Website Use. You agree that we have the right and discretion to monitor any activity and content associated with our Website, Website Content and Website Services. We may investigate any reported violation of these Terms or complaints relating to the Website, Website Content and Website Services, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.
17. Modifications to these Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.
18. Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
19.3 Website Content. The term "Website Content" has the meaning set out in Section 5 (Company Ownership; Reservation of Rights).
19.4 Website Services. The term "Website Services" has the meaning set out in Section 12 (Warranty Disclaimer). The Term "Website Services" expressly excludes those services that you may obtain from third parties through our Website, Website Content and links available on our Website to third-party sites.
20. General. These Terms shall be governed in all respects by the laws of the State of Connecticut, without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Fairfield, Connecticut. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
21. Claims Against Other Users. You agree that in the event that you have any right, claim or action against visitors or other users of our Website arising out of that person's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
22. Translations. These Terms may be translated into languages other than English (collectively, "Translations"). Any communications sent by us to you shall be sent in English. Dispute resolution procedures arising out of either these Terms or the Translations shall be conducted in English, and the English version of these Terms shall control over the Translations.
23. Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely: (i) Section 5 (Company Ownership; Reservation of Rights); (ii) Section 6 (Submitted Content); (iii) Section 9 (Disclaimer of Endorsements; Information Accuracy); (iv) Section 10 (Warranty Disclaimer); (v) Section 12 (Limitation of Liability); (vi) Section 13 (Indemnity); (vii) Section 19 (General); and (viii) Section 22 (Survival).
24. Contact Us. We welcome your feedback or suggestions. Please contact us here: firstname.lastname@example.org. Please refer to Section 15 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
26. Effective Date. Effective Date: Dec 2nd, 2018 AIDEAL and Mains Sales Solutions and Marketing Inc.
27. COPYRIGHT AND LEGAL NOTICE. Copyright ©2015 Main Sales Solutions and Marketing. All Rights Reserved.