Terms and Conditions
USER AGREEMENT AND TERMS OF USE


The following are the Terms of Use ("Terms") on which FurnitureFindex.com (sometimes referred to as "we" or "FurnitureFindex.") offers access to the services available from its domain and subdomains.

1. ACCEPTANCE OF TERMS; MODIFICATIONS.

FurnitureFindex is a collection of online resources, including classified ads and various email services, (referred to hereafter as "the Services") subject to these Terms. By using the Services, you are agreeing to comply with these Terms. In addition, with each use of any Service, you agree to abide by any applicable posted guidelines for all FurnitureFindex services, which may change from time to time.

Before you may access the Services, you must read and accept all of the Terms in, and linked to, this User Agreement.

We reserve the right, at our sole discretion, at any time and from time to time, to change, modify or otherwise alter these Terms. Such modifications shall become effective immediately upon their posting at http://www.FurnitureFindex.com/termsandconditions.aspx.

Should you object to any term or condition of these Terms or any subsequent modifications or should you otherwise become dissatisfied with FurnitureFindex in any way, your only recourse is to discontinue use of FurnitureFindex.

2. CONTENT

All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated (the "Originator"). If you are the Originator you are solely responsible for all Content you make available via the Services.

As a user of the Services you understand and agree that FurnitureFindex does not edit or control, and is not responsible for Content made available through the Services, and that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You also recognize that the FurnitureFindex site and Content made available through the Services may contain links to, among other things, web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. These are completely independent of FurnitureFindex. Your linking to any other webites is at your own risk.

FurnitureFindex makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the Content or any such site. You acknowledge and agree that it is your responsibility to evaluate any Content, that you bear all risks associated with the use of any Content and that you rely on any Content at your own risk. UNDER NO CIRCUMSTANCES WILL FURNITUREFINDEX BE LIABLE IN ANY WAY FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

You acknowledge that FurnitureFindex does not pre-screen or approve Content. Nevertheless, FurnitureFindex shall have the right (but not the obligation) in its sole discretion to refuse to post, delete or move any Content that is available via the Services, for violating the letter or spirit of the Terms or for any other reason.

3. THIRD PARTY CONTENT, SITES, AND SERVICES

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that FurnitureFindex is not, and shall not be, responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

You understand and agree that in the event of a dispute between participants on this site, or between users and any third party, FurnitureFindex is under no obligation to become involved.

In the event that of any such dispute, you hereby release and covenant not to sue, FurnitureFindex, its officers, employees, agents and successors in rights from and in respect of any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

4. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify FurnitureFindex’s agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at report @ furniturefindex.com or:

Copyright Agent
FurnitureFindex

Please provide our Agent with the following:

(a) Your address, telephone number, and email address;

(b) The material on the FurnitureFindex site that you claim is infringing, with enough detail so that we may locate it on the website;

(c) A statement that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

(d) A statement by you that the disputed use is not authorized;

(e) A statement by you declaring under penalty of perjury that the above information is accurate; and

(f) Your physical or electronic signature.

FurnitureFindex will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).

5. PRIVACY AND INFORMATION DISCLOSURE

FurnitureFindex has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

http://www.FurnitureFindex.com/privacy.aspx

Your using the FurnitureFindex website or the Services is your acknowledgement of, and agreement to, our Privacy Policy. You further acknowledge and agree that FurnitureFindex may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of FurnitureFindex, its users or the general public.

6. CONDUCT

(a) You agree not to post, email, or otherwise make available through FurnitureFindex any Content:

(1) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;

(2) that is pornographic or depicts a human being engaged in actual or simulated sexual conduct;

(3) that harasses, degrades or intimidates or is intended to harass, degrade or intimidate, or is hateful toward, an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(4) that violates any state or local law prohibiting discrimination on the basis of race, color, national origin, religion, sex, familial status or handicap;

(5) that impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity including, without limitation FurnitureFindex and its employees;

(6) that includes personal or identifying information about another person without that person’s explicit consent;

(7) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";

(8) that infringes any intellectual or other property rights of any person or Content including, without limitation patent, trademark, trade secret, copyright or other rights that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(9) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

(10) that constitutes or contains any form of advertising or solicitation if: posted in areas of the FurnitureFindex sites which are not designated for such purposes; or emailed to FurnitureFindex users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

(11) that includes links to commercial services or web sites, except as allowed in "services"; that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.

(12) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(13) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users’ ability to use the Services; or

(14) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.

(b) Additionally, you agree:

(1) not to do any of the following through the facilities of FurnitureFindex or otherwise in respect of anyone whose identity or contact information was obtained by or through FurnitureFindex:

(A) contact anyone who has asked not to be contacted;

(B) "stalk" or otherwise harass anyone;

(C) collect personal data about other users for commercial or unlawful purposes;
(2) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by FurnitureFindex;

(3) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(4) attempt to gain unauthorized access to FurnitureFindex’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the FurnitureFindex website; or

(5) use any form of automated device or computer program that enables the submission of postings on FurnitureFindex without each posting being manually entered by the author thereof (an "automated posting device").

7. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to FurnitureFindex email addresses or through FurnitureFindex computer systems, which is expressly prohibited by these Terms. Any unauthorized use of FurnitureFindex computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. LIMITATIONS ON SERVICE

You acknowledge that FurnitureFindex reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that FurnitureFindex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Further, you acknowledge that FurnitureFindex may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Services, and the frequency with which you may access the Services. You also agree that FurnitureFindex has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.

9. ACCESS TO THE SERVICE

FurnitureFindex grants you a limited, nonexclusive, revocable license to access the Services for your personal use. This license does not include any right to collect, aggregate, copy, duplicate or display the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FurnitureFindex. Other than general purpose, internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

FurnitureFindex permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds seventy-five (75) postings, your use will be presumed to be in violation of these Terms. You may also create a hyperlink to the home page of FurnitureFindex sites so long as the link does not portray FurnitureFindex, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.

FurnitureFindex offers various parts of the Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. FurnitureFindex permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to FurnitureFindex’ as the source, (d) your use or display does not suggest that FurnitureFindex promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden FurnitureFindex’s systems. FurnitureFindex reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Any use of the Services beyond the scope of license hereby granted shall result in the immediate termination of such license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Services or any Content made available via the Services for other purposes (including commercial purposes) not stated herein, you must first obtain a specific license from FurnitureFindex.

10. TERMINATION OF SERVICE You agree that FurnitureFindex, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the Services, for any reason, including, without limitation, if FurnitureFindex believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that FurnitureFindex shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. The Terms shall survive termination of any Services provided hereunder.

11. PROPRIETARY RIGHTS

The Services is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FurnitureFindex. You further agree not to reproduce, duplicate or copy Content from the Services without the express written consent of FurnitureFindex, and agree to abide by any and all copyright notices displayed on the Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. USEDFURNITUREFINDEX and FURNITUREFINDEX are registered marks in the U.S. Patent and Trademark Office.

Although FurnitureFindex does not claim ownership of content that its users post, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to FurnitureFindex an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Services, you automatically grant FurnitureFindex all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE FURNITUREFINDEX SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FURNITUREFINDEX SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, FURNITUREFINDEX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FURNITUREFINDEX SITE AND THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. FURNITUREFINDEX DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FURNITUREFINDEX SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FURNITUREFINDEX SITE TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FURNITUREFINDEX DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FURNITUREFINDEX SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FURNITUREFINDEX BE LIABLE TO ANY PERSON, FIRM OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FURNITUREFINDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FURNITUREFINDEX SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FURNITUREFINDEX SITE OR THE SERVICE, FROM INABILITY TO USE THE FURNITUREFINDEX SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FURNITUREFINDEX SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FURNITUREFINDEX SITE OR THE SERVICE OR ANY LINKS ON THE FURNITUREFINDEX SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FURNITUREFINDEX SITE OR THE SERVICE OR ANY LINKS ON THE FURNITUREFINDEX SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

14. INDEMNITY

You agree to indemnify and hold FurnitureFindex, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Services, your use of the Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

15. GENERAL INFORMATION

The Terms, as hereafter may be amended, constitute the entire agreement between you and FurnitureFindex and govern your use of the Services, superceding any prior agreements between you and FurnitureFindex. The Terms and the relationship between you and FurnitureFindex shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and FurnitureFindex agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Delaware, Pennsylvania. The failure of FurnitureFindex to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to: report @ furniturefindex.com

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.

17. FEEDBACK

We welcome your questions and comments on this document via email to support @ furniturefindex.com.

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