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Welcome to FurniTrader, an online used furniture
classifieds website that connects buyers and sellers locally. By using the
FurniTrader website you agree to be bound by these Terms of Use. If you wish to
become a Member and communicate with buyers and sellers and make use of the
FurniTrader service, read these Terms of Use and indicate your acceptance of
them by completing the registration process and clicking on the "Register"
button. This Agreement sets out the legally binding terms of your use of
FurniTrader.com and your membership in the service and may be modified by
FurniTrader at any time and without prior notice, such modifications to be
effective upon posting by FurniTrader on the web site. This Agreement includes
FurniTrader's acceptable use policy for content posted on the web site,
FurniTrader's Privacy Policy, and any notices regarding the website.
1. Acceptance of Terms of Use and Amendments.
By registering as a user or by using FurniTrader.com
(the “Service”), you hereby agree to be bound by these Terms of Use, and as
amended from time to time with or without notice to you. In addition, if you
are using a particular service on or through this web site, you will be subject
to any rules or guidelines applicable to those services and they shall be
incorporated by reference into these Terms of Use. Please see our Privacy
Policy, which is incorporated into these Terms of Use by reference.
2. Buying and Selling Furniture and Home
Furnishings.
FurniTrader.com is a shopping service that brings
together buyers and sellers of furniture and home furnishings. Information
provided on FurniTrader.com about a specific piece of furniture or home
furnishing is supplied by the seller and not by FurniTrader.com. The price and
other terms of any sale remain subject to direct negotiation between the buyer
and the seller. The prices listed by sellers on FurniTrader.com often exclude
sales tax, finance charges, title, license, regulatory, testing fees,
compliance fees, and other related charges, any or all of which may be added to
the listed price to arrive at the final sale price of a specific item. Though
we hope that all who come to FurniTrader.com will act honorably and treat each
other fairly, we can't verify the information sellers supply or guarantee the
furniture or home furnishings they offer. Nor can we assure the seller of a
piece of furniture or home furnishing that the check he/she gets from the buyer
is valid. When using this website to sell or buy furniture or home furnishings,
we urge you to use the same common sense and good judgment you would use in
selling through, or responding to, a classified ad in the newspaper. There is
no substitute for healthy skepticism and your own good judgment.
When you offer furniture or home furnishings for sale
through FurniTrader.com, you must be prepared to sell the furniture or home
furnishing at the price at which, and the terms on which, you've listed it. You
must have possession of the actual goods listed and the ability to transfer
title or ownership. To list goods or services for sale on FurniTrader.com,
sellers are required to provide certain identifying and contact information.
The information must accurately identify the seller and the method of contact
must permit buyers to communicate directly with the seller. FurniTrader.com
reserves the right to deny use of this website to anyone who does not comply
with these requirements or who otherwise uses our website in a manner we
consider inappropriate.
Responsibility for the information contained in
listings lies with each seller. You alone are responsible for material you post
and for the content of all email messages transmitted through FurniTrader.com.
Nothing will undermine a user's confidence in the goods or services you're
trying to sell faster than inaccurate statements or misleading representations
about the goods or services. And since any erosion of user confidence in you is
likely to be accompanied by erosion of user confidence in us, we care deeply
about making sure that the information you supply is accurate and that, in all
respects, you treat FurniTrader.com users fairly and honorably.
Though we can't monitor every transaction that
originates on FurniTrader.com, we may perform random quality assurance tests to
confirm that those who offer furniture or home furnishings for sale over
FurniTrader.com are prepared to sell the item of furniture or home furnishing
they advertise at the prices at which, and the terms on which, they advertise
them. By using our Service, you agree to cooperate in these random quality
assurance tests. If our tests reveal, or we otherwise learn, that a seller is
engaging in "bait and switch" or other unfair or deceptive practices,
FurniTrader reserves the right to deny that seller use of the Service.
Although FurniTrader cannot monitor all the listings
posted to our website, we reserve the right (but assume no obligation) to
delete, move, or edit any listings or other postings that come to our attention
that we consider unacceptable or inappropriate, whether for legal or other
reasons. By using FurniTrader.com you agree not to post or transmit any
defamatory, abusive, obscene, threatening, misleading, or illegal material, or
any other material that infringes on the rights of others or interferes with
the ability of others to enjoy FurniTrader.com. We retain the right to deny
access to anyone who we believe has violated these terms or any other term of
this agreement. We will not, in the ordinary course of business, review the
content of private electronic messages that are not addressed to
FurniTrader.com. However, we may occasionally release information concerning
such communications when release is appropriate to comply with law (including
disclosure in response to a request from a law enforcement agency), to enforce
our Visitor Agreement, or to protect the rights, property or safety of visitors
to our site, our advertisers, the public or FurniTrader.com.
3. Refund Policy.
By placing a furniture or home furnishing classified
ad at FurniTrader.com, you agree to pay the fees specified for the listing,
regardless whether or not the furniture or home furnishing sells as a result of
the listing. FurniTrader.com can not guarantee the sale of any furniture or
home furnishing advertised on FurniTrader.com, and does not offer any refund
for an item of furniture or home furnishing not being sold. There are many
determining factors in selling any item of furniture or home furnishing, such
as, the age of the furniture, the condition of the furniture, and the
demographical and market demand of the furniture. These are all factors a
seller needs to consider before advertising furniture or home furnishings for
sale at FurniTrader.com.
4. Your Responsibilities and Registration
Obligations.
In order to use this web site, you must register on
our site, agree to provide truthful information when requested. When
registering, you explicitly agree to our Terms of Use and as may be modified by
us from time to time and available here. By using the Web site, you represent
and warrant that you have the right, authority, and capacity to enter into this
agreement and to abide by all of the terms and conditions of this Agreement.
5. Privacy Policy.
Registration data and other personally identifiable
information that we may collect is subject to the terms of our Privacy Policy.
6. Registration and Password.
You are responsible to maintain the confidentiality of
your password and shall be responsible for all uses via your registration
and/or login, whether authorized or unauthorized by you. You agree to
immediately notify us of any unauthorized use or your registration, user
account or password.
7. Your Conduct.
You agree that all information or data of any kind,
whether text, software, code, music or sound, photographs or graphics, video or
other materials ("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. You agree that our web site may expose you to Content that may
be objectionable or offensive. We shall not be responsible to you in any way
for the Content that appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you
shall not: (a) provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortuous,
defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this web site or any service
provided, infected with a virus or other destructive or deleterious programming
routine, give rise to civil or criminal liability, or which may violate an
applicable local, national or international law; (b) impersonate or
misrepresent your association with any person or entity, or forge or otherwise
seek to conceal or misrepresent the origin of any Content provided by you; (c)
collect or harvest any data about other users; (d) provide or use this web site
and any Content or service in any commercial manner or in any manner that would
involve junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising without our prior written consent; (e) provide any
Content that may give rise to our civil or criminal liability or which may
constitute or be considered a violation of any local, national or international
law, including but not limited to laws relating to copyright, trademark,
patent, or trade secrets.
8. Submission of Content on this Web Site.
By providing any Content to our web site: (a) you
agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right
and license (including any moral rights or other necessary rights) to use,
display, reproduce, modify, adapt, publish, distribute, perform, promote,
archive, translate, and to create derivative works and compilations, in whole
or in part. Such license will apply with respect to any form, media, technology
known or later developed; (b) you warrant and represent that you have all
legal, moral, and other rights that may be necessary to grant us with the
license set forth in this Section 7; (c) you acknowledge and agree that we
shall have the right (but not obligation), in our sole discretion, to refuse to
publish or to remove or block access to any Content you provide at any time and
for any reason, with or without notice.
9. Third Party Services.
Goods and services of third parties may be advertised
and/or made available on or through this web site. Representations made
regarding products and services provided by third parties are governed by the
policies and representations made by these third parties. We shall not be
liable for or responsible in any manner for any of your dealings or interaction
with third parties.
10. Minors.
In compliance with the Children's Online Privacy
Protection Act, FurniTrader does not knowingly or intentionally solicit or
collect information from minors, and our marketing is not directed to minors.
If we determine that a user is under eighteen (18) years of age and has
submitted information by way of our website, we will immediately delete such
information.
11. Indemnification.
You agree to indemnify and hold us harmless, our
subsidiaries, affiliates, related parties, officers, directors, employees,
agents, independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney's fees, that may be made by
any third party, that is due to or arising out of your conduct or connection
with this web site or service, your provision of Content, your violation of
this Terms of Use or any other violation of the rights of another person or
party.
12. DISCLAIMER OF WARRANTIES.
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION,
PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK.
YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS,
INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND
SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO
YOU "AS IS." FURNITRADER AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND
DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION
AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE
REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO
WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
13. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL FURNITRADER OR ITS
AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES
OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY
PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE,
INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR
PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF FURNITRADER
AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF
LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED
THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH
LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
14. Reservation of Rights.
We reserve all of our rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets, and any
other proprietary right that we may have in our web site, its content, and the
goods and services that may be provided. The use of our rights and property
requires our prior written consent. We are not providing you with any implied
or express licenses or rights by making services available to you and you will
have no rights to make any commercial uses of our web site or service without
our prior written consent.
15. Notification of Copyright Infringement.
If you believe that your work has been used in any way
that would be considered copyright infringement, or your intellectual property
rights have been otherwise violated, please notify FurniTrader’s agent for
notice of claims of copyright or other intellectual property infringement
("Agent"), at contact@furnitrader.com or: Please provide our Agent with the
following Notice: Identify the copyrighted work or other intellectual property
that you claim has been infringed; Identify the material on the FurniTrader
site that you claim is infringing, with enough detail so that we may locate it
on the website; A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; A
statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner; Your address, telephone number, and email address; and Your physical or
electronic signature. FurniTrader's Agent will forward this information to the
alleged infringer.
16. Copyright Notice and Limitations on Use.
All of the information, content and services
(collectively, the “Content”) within this Service are protected by copyright
and other intellectual property laws. The Content is owned by FurniTrader and
its affiliated companies, licensors and suppliers. The Content is intended for
personal use only. While you may interact with or download a single copy of any
portion of the Content for your personal, noncommercial entertainment,
information or use, you may not reproduce, sell, publish, distribute, modify,
display, repost or otherwise use any portion of the Content in any other way or
for any other purpose without the written consent of FurniTrader. If you
operate a website and wish to link to FurniTrader.com, you must link to
FurniTrader.com’s home page unless permission otherwise has been granted in
writing by FurniTrader Permissions. FurniTrader reserves the right to reject or
terminate any links to the Content or the Service.
17. Applicable Law.
You agree that this Terms of Use and any dispute
arising out of your use of this web site or our products or services shall be
governed by and construed in accordance with the laws of the State of Kentucky,
without regard to its conflict of law provisions. By registering or using this
web site and service you consent and submit to the exclusive jurisdiction and
venue of the state and federal courts in Fayette County, Kentucky in all
disputes arising out of or relating to this Agreement or use of this website.
18. Miscellaneous Information. (i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by a court
with jurisdiction over the parties, such provision will be interpreted to
reflect the original intentions of the parties in accordance with applicable
law, and the remainder of this Terms of Use will remain valid and intact; (ii)
The failure of either party to assert any right under this Terms of Use shall
not be considered a waiver of any that party's right and that right will remain
in full force and effect; (iii) You agree that without regard to any statue or
contrary law that any claim or cause arising out of this web site or its
services must be filed within one (1) year after such claim or cause arose or
the claim shall be forever barred; (iv) We may assign our rights and
obligations under this Terms of Use and we shall be relieved of any further
obligation.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO
ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE
IMMEDIATELY.
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