Terms of Service for Furnitureland South's
Website and Mobile Communications
Please read these Terms of Service carefully before using this website
Thank you for visiting the official website of Furnitureland South, Inc.® and for your interest in the Furnitureland South (“FLS”) experience.
By accessing and browsing FLS’s website (“Website”) you affirm that you are legally competent to do so. You agree to be governed by these Terms of Service (“Terms”) and to follow its policies and procedures. The Terms supersede any other agreements you may have with FLS. If you do not agree to the Terms or if you are not legally competent to agree to them, we require that you not use the Website.
The Website is operated by FLS. Any questions or comments should be sent to:
Furnitureland South, Inc.
Director of Marketing
5635 Riverdale Drive
Jamestown, NC 27282
01. Intellectual Property Rights
The content and material (the “Site Material”) on the Website are the property of FLS and protected by copyright law. Site Material includes, but is not limited to verbal copy, images, photographs, characters, text, statistics, trademarks, logos, graphics, illustrations, audio and video clips, software, code and other content. FLS grants users a limited, non-transferable, non-assignable, non-exclusive, revocable license to access, download, print and store a single copy of the Site Material for personal non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Site Material. However, in doing so, the User does not acquire and is not granted any right, title or interest in any Site Material that is printed or stored. Users may not otherwise download, copy, modify, reproduce, publish, distribute, transmit or post any portion of our Site Material or create derivative works from our Site Material. In addition, logos and other Intellectual Property on the Site are proprietary trademarks or service marks of FLS business partners. You may not use such logos without the written permission of the owner. Termination of Your access to our Website does not waive or limit the rights and remedies available to FLS. By making use of any Site Material, you warrant that your use will not violate any intellectual property and shall not otherwise violate the law.
02. User-Generated Content
The following section applies to instances where you post, submit or by any other means deliver communications such as comments, product reviews, feedback, notes, messages, ideas, suggestions and any attendant attachments (collectively “User Content”) on the Website. These provisions apply if and when User Content may be posted.
You are solely responsible for your own User Content. By submitting User Content, you promise that (a) it is non-proprietary and not confidential; (b) you own the User Content or otherwise have the right to submit it; (c) it does not violate the intellectual property rights, rights of privacy, rights of publicity or any other rights of any third party; and (d) it complies with FLS’s Website Code of Conduct. Although your submission does not divest you of ownership rights to the User Content, you are granting FLS perpetual, worldwide right, title and interest in all copyrights and other intellectual property rights in the User Content. You also grant each user of the Site a non-exclusive license to access your User Content through the Website and to download, use, watch, reproduce, distribute, forward, display, perform or otherwise access and utilize such User Content in whole or in part.
By accepting submissions, FLS is not endorsing User Content for any purpose or any opinion, recommendation or advice expressed by the User Content. FLS reserves the right (a) to monitor User Content but is not obligated to do so; (b) to refuse, alter or delete User Content which, in FLS’s judgment, violates the Website Code of Conduct, the Terms or hampers the purposes of the Website. FLS expressly disclaims any and all liability arising from User Content.
03. Infringement Notice
If you believe the Website infringes on your copyright or intellectual property rights, please notify our Law Department. Pursuant to the Copyright Revision Act, under the Digital Millennium Copyright Act (“DMCA”), your notice must include the following:
A. Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Site are covered by a single notification, you may provide a representative list of such works on the Site; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
B. Identification of the URL or other specific location on the Site that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material and comply with your request to remove or deny access to the material.
C. Your name, mailing address, telephone number and email address;
D. The electronic or physical signature of the owner of the copyright or a person authorized to act on the copyright owner’s behalf;
E. A statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner or its agent or the law; and
F. A statement swearing under penalty of perjury that your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply with all of the above requirements, your DMCA Notice will not be valid. Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on the Site are infringing a copyright.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Website without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
04. Counter-Notice
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written Counter-Notice, pursuant to the DMCA. Your Counter-Notice must be a written communication provided to the Company’s Copyright Agent and must contain:
A. Your physical or electronic signature;
B. Identification of the material removed or to which access has been disabled;
C. A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
D. Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) in Guilford County, North Carolina, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice.
To submit a Counter-Notice, please complete and send the form to:
Furnitureland South, Inc.
PO Box 1550
Jamestown, NC 27282
Attention Law Dept. (Copyright Notice)
Email: danielpaul@furniturelandsouth.com
E. Upon receipt of a Counter-Notice containing the required information, the Company may:
(i) Promptly provide the Complainant with a copy of the Counter-Notice;
(ii) Inform the Complainant that it will not remove the material or cease enabling access to it unless, within 10 business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the channel application developer and/or service provider from engaging in infringing activity.
Please send all notices under the above copyright infringement policies or notifications of claimed infringement to:
Furnitureland South, Inc.
PO Box 1550
Jamestown, NC 27282
Attention Law Dept. (Copyright Notice)
Email: danielpaul@furniturelandsouth.com
05. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD FLS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THIS FURNITURELANDSOUTH.COM WEBSITE IN VIOLATION OF THESE TERMS OF SERVICE.
06. Website Code of Conduct and Prohibitions
In utilizing Website you agree that you will not:
A. Harm FLS’s public image, goodwill or reputation or that of its sponsors;
B. Infringe on any copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy;
C. Express or imply that FLS endorses any of your statements or actions or those of others;
D. Violate any law or give rise to criminal or civil liability;
E. Defame, harass, threaten, discriminate, invade privacy;
F. Distribute in any medium any part of the Service, User Content or FLS Content without FLS’s written authorization, unless FLS intentionally makes available the means for such distribution;
G. Modify any part of the Website or the services it provides; ‘
H. Copy, reproduce, distribute, transmit, sell, license, display, republish, post, digitize, translate, modify or otherwise exploit any content for any other purposes without the prior written consent of FLS or the respective licensors of the content;
I. Disable or interfere with security-related features of the Services or features that prevent or restrict use or copying or any content;
J. Post User Content that is in any way tortious, pornographic or obscene;
K. Post trade secrets or other non-public information about any person or business;
L. Modify, adapt, sell, reverse engineer, decompile or disassemble any portion of the Platforms or Services;
M. Post any reviews about a FLS sponsor if you are an employee, contractor, officer or director of the sponsor; an employee, contractor, officer or director of a competitor of the sponsor; or related to the sponsor in any way, including blood, adoption or by marriage;
N. Post any rating or review or User Content that is not based upon your first-hand experience with the vendor and/or service provider that is the subject of the review or rating;
O. Make any statement that is inaccurate, misleading or untruthful;
P. Remove any copyright, trademark or other proprietary rights; Sublicense, sell, lease, assign or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the User Content or Site Material;
Q. Interfere with or disrupt any Platforms or Services;
R. Violate the CAN-SPAM Act of 2003; or
S. Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index or data-mine the Platforms or Services or circumvent its security measures.
07. Privacy Policy
As part of this agreement, we have incorporated our privacy policy. You agree to review this policy.
08. Disclaimers and Liability Limits
FLS assumes no responsibility for accuracy, including but not limited to typos or omissions. To the fullest extent permitted by law, USE OF THE SITE, INCLUDING THE SITE FEATURES, IS AT YOUR EXCLUSIVE RISK. All material on the Site is provided AS IS. FLS makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or other sites to which the site links. FLS disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability; fitness for a particular purpose; expressed or implied warranties arising from any course of dealing, usage or trade practice.
FLS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, VIRUS FREE OR ERROR FREE. FLS DOES NOT WARRANT THAT DEFECTS OR ERRORS WILL BE CORRECTED. FLS disclaims liability for direct, indirect, punitive, special, incidental or consequential damages arising out of or in any way related to the use or nonuse of the Site, including loss of data or loss of profits, even where FLS may have been advised of the possibility of damages.
09. Changes
FLS reserves the right to update or modify these Terms of Service, our Privacy Policy and/or the Site itself at any time without prior notice. Users are encouraged to review these Terms and Conditions each time they visit the Website as revisions will supersede the previous versions they replace. FLS reserves the right to discontinue the Service at any time without notice.
10. Inaccurate Information
Occasionally there may be information on the Website that contains typographical, numerical or image mistakes or omissions that may relate to product or service description, availability, shade of color, price, dimensions or other specifications. Where information on the Website is inaccurate, FLS reserves the right to correct the inaccuracy and to withdraw a related offer or to cancel a related order, at any point including after it has been submitted, acknowledged, confirmed, and your payment method has been accepted and charged.
Prices and availability of products and services are subject to change without notice.
FLS does not guarantee delivery at any certain time and is not responsible for delivery delays.
Prices for merchandise shown online are only valid for delivery in the contiguous United States. Prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.
The billing and shipping information you provide must be complete and accurate. Submitting incorrect information will be deemed a breach of our Terms.
All orders placed on the Website are subject to our Terms and Conditions sales document.
Shipment time will vary depending on the delivery method and service you select.
11. Jurisdiction and Choice of Law
This Agreement and all claims or issues in connection with Site shall be governed according to the laws of North Carolina. Any legal action concerning this Agreement or the Site must be brought in Guilford County, North Carolina within one (1) year after the cause of action arises.
12. Mobile Terms & Conditions
Furnitureland South offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") 59726. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.
Signing Up and Opting-in to the Service
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Furnitureland South reserves the right to stop offering the Service at any time with or without notice.
By opting into the Service, you:
A. Authorize Furnitureland South to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
B. Acknowledge that you do not have to agree to receive messages as a condition of purchase.
C. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
D. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, contact customerservice@furniturelandsouth.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.
Content You May Receive
Once you affirm your choice to opt-in to the Service on 59726, your message frequency may vary. You may receive alerts about:
A. Sales Promotions
B. Event information
C. Product launch announcements
D. Back in stock alerts
E. Price drop alerts
F. Low inventory alerts
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Furnitureland South may add or remove any wireless carrier from the Service at any time without notice. Furnitureland South and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To Stop the Service
To stop receiving text messages from Furnitureland South, text the word STOP to 59726 any time or reply STOP to any of the text messages you have received from Furnitureland South. This is the exclusive method for opting out. After texting STOP to 59726, you will receive one additional message confirming that your request has been processed.
Questions
You can text HELP for help at any time to 59726. This will provide you with our customer service email; customerservice@furniturelandsouth.com. You can also contact us at (336) 822-3400.
Changes to Terms
These Mobile Terms and Conditions are subject to change at any time without notice.
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Furnitureland South’s services will be resolved by binding arbitration, rather than court.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Furnitureland South hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND FURNITURELAND SOUTH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND FURNITURELAND SOUTH AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Furnitureland South are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. Furnitureland South, however, will pay for the arbitration administrative or filing fees, including the arbitrator and/or other AAA case management fees, for any claim seeking $75,000 or less, unless the claim is determined by the arbitrator to be frivolous. Otherwise, the AAA’s Rules regarding costs and payment apply.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
FLS Terms of Service February 25, 2016