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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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