Maple Furniture Terms and Conditions of Use
To assist you in using our Website, and to explain the relationship arising from your use of our Site and the information, products and services offered through it, we have created (i) these Terms and Conditions of Use (the "Terms of Use" or "Terms") and (ii) a Privacy Policy. Our Privacy Policy explains how we treat information you provide to us through the Site and our Terms govern your use of our Site and participation in our Website Services. Our Terms and Privacy Policy apply to any visitor to the Website (collectively, "you"), including (i) casual visitors to our Site who do not sign up for an account on the Website ("Site Visitors"), and (ii) users who have registered with Maple Furniture through the Website ("Registered Users"). These Terms only apply to your use of the Website and receipt of information and services through the Site. These Terms do not apply to information, products and services that you obtain from Maple Furniture through other means.
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.
3. Scope of Terms of Use
We provide a variety of products and services that are not available through our Website. These Terms of Use only apply to your use of our Website, and not to products or services that you obtain from us through other means.
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 Maple Furniture and the products and services that we offer; (ii) provide information to us through our Website; (iii) purchase Maple Furniture 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. Maple Furniture 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 Maple Furniture and its licensors, or is used under principles of fair use. Maple Furniture 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. Submitted Content
The term "Submitted Content" means information that you submit to our Site including, but not limited to: (i) feedback, comments and suggestions you provide to us through the Site; (ii) questions or comments that you provide to us; (iii) images and audiovisual files that you provide to us; and (iv) any other information or materials you provide to us or post directly or indirectly on our Site. The term "Submitted Content" expressly excludes Personally Identifiable Information, as set out in our Privacy Policy, except where you include Personal information within material you submit for posting (or otherwise post directly) on the Website.
7. Website Terms of Purchase
Any purchases you make through our Website are governed by our Cancellations / Refunds Policy.
8. 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 Warranty Disclaimer applies only to our Website Services. Our Cancellations / Refunds Policy, 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, maple furniture 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.
9. Limitation of Liability
Under no circumstances including, but not limited to breach of contract, tort or negligence, will maple furniture 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 maple furniture 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 Maple Furniture exceed U.S. $250.00.
10. Indemnity
You agree to defend, indemnify and hold Maple Furniture 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.
11. 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.
12. 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.
13. 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.
14. General
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.
15. 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.
