Our Website (available at www.baileysfurniture.com) (collectively, the "Website", or "Site") is provided to you by Bailey’s Furniture Outlet, Inc. ("Bailey’s," "we," "us" or "our").
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, we may further confirm your consent by asking you to click on the "I accept", or a similar 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. Please notify us immediately if you suspect that someone is using your username and password in an inappropriate manner.
3. Grant of Rights to Users
Based on your agreement to comply with these Terms, we grant you a non-exclusive license to (1) 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 Bailey's and the products and services that we offer; (ii) provide information to us through our Website; (iii) purchase Bailey’s products; (iv) download and print pages from our Website; and (v) access other information that we make available through our Website. You 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 to allow only personal, non-commercial use. Any other use of the Website, Website Content, and Website Services is strictly prohibited.
4. Bailey’s 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 Bailey’s and its licensors, are protected by U.S. and international copyright and other intellectual property laws, or are used under principles of fair use. Bailey’s and its licensors retain all rights with respect to the Website, Website Content, and Website Services except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Website or Website Services unless specifically authorized in writing to do so by Bailey’s. The term "Website Content" expressly excludes Submitted Content.
5. Submitted Content
The term "Submitted Content" means information that you submit to our Site or otherwise make available via #baileysfurniture, including, but not limited to: (i) feedback, comments, and suggestions you provide to us; (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 or using the reference hashtag.
5.1 Grant of Rights in Submitted Content
5.2 Requisite Permission for Providing Submitted Content
By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right in and to the Submitted Content in order to provide the Use Rights. For example, by emailing us a testimonial of your experience with our products along with a photo of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us the Use Rights in the photograph.
5.3 Submitted Content Containing Personal Information
Notwithstanding anything to the contrary, if you provide Submitted Content to the Website, by way of email or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us may once published, be publicly available to anyone. Although we may review Submitted Content prior to using it, we make no representations or warranties regarding any Submitted Content or our review of such Submitted Content. In addition, any Personal Information that is included in Submitted Content may be posted on our Site or otherwise used and may be made publicly available. For example, you may include your name, mailing address, and email address in a product review. This information will be publicly available. As such, please use discretion when including Personal Information and other details in Submitted Content that you provide to us.
5.4 Right to Decline Submitted Content
6. Code of Conduct; Revocation or Suspension of Use Privileges.
By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code of Conduct, you shall not:
- Upload, email, or otherwise transmit any image or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.
- Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, Personal Information, or other materials that reveal personal, private, or sensitive information about another person, without that person's consent.
- Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.
- Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, images and text in electronic form – can easily be copied, modified, and sent over the internet. These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner's permission or without a legitimate "fair use" justification for the transmittal.
- Transmit materials that contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personal Information.
- Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.
- Use the Website in a manner that could disable, overburden, or impair the Website or Website Services or interfere with any other party's use and enjoyment of the Website and Website Services, such as through sending "spam."
- Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.
- Seek to obtain access to any materials or information through "hacking", "data harvesting", or through other means we have not intentionally made available to you through the Website.
- Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising.
7. Links to Third Party Sites
8. Disclaimer of Endorsements; Infomation Accuracy
The information made available through the Website (including, but not limited to, Submitted Content provided by other users), Website Services, and Website Content is made without any endorsement of any kind by Bailey's. In addition, while we may review the information before it is posted on our Website, we do not undertake to validate the accuracy and timeliness of this information.
9. Website Terms of Purchase
Any purchases you make through our Website are governed by our Cancellations / Refunds Policy, which can be found at Returns and Exchanges.
10. 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; (iv) keep track of your orders; and (v) use other services that we may make available to you from time-to-time (collectively, "Website Services"). This Section 11 (Warranty Disclaimer) applies only to our Website Services. Our Cancellations / Refunds Policy, which can be found at Returns and Exchanges, 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, BAILEY'S 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.
11. Limitation of Liability
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL BAILEY'S 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 BAILEY'S 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 BAILEY'S EXCEED U.S. $250.00
You agree to defend, indemnify, and hold Bailey’s 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.
13. Contact for Alleged Copyright Infringement
We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes an infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA") to respond to such concerns, as follows:
Director of Digital Marketing
Office: (907) 646-4986
Bailey’s Furniture Outlet, Inc.
ATTN: Digital Millennium Act
350 W. International Airport Rd. #100
Anchorage, AK 99518
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user's account, and/or any interim measures that we deem appropriate.
14. 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.
15. 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.
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.
17.1 Personal Information
17.2 Submitted Content
17.3 Website Content
The term "Website Content" has the meaning set out in Section 4 (Bailey’s Ownership; Reservation of Rights).
17.4 Website Services
The term "Website Services" has the meaning set out in Section 11 (Warranty Disclaimer). The Term "Website Services" expressly excludes those services that you may obtain from third parties through our Website, Website Content, and links available on our Website to third-party sites.
These Terms shall be governed in all respects by the laws of the Commonwealth of Massachusetts, without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in, the state and federal courts sitting in the judicial district that includes Boston, Massachusetts. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. 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.
19. Claims Against Other Users
You agree that in the event that you have any right, claim, or action against visitors or other users of our Website arising out of that person's use of the Website, then you will pursue such right, claim, or action independently of and without recourse to us.
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.
In addition to any right or obligation that by its nature or intent is intended to survive any termination or expiration of these Terms, the following provisions shall survive the termination or expiration of these Terms and shall apply indefinitely: (i) Section 4 (Bailey's Ownership; Reservation of Rights); (ii) Section 5 (Submitted Content); (iii) Section 8 (Disclaimer of Endorsements; Information Accuracy); (iv) Section 9 (Warranty Disclaimer); (v) Section 12 (Limitation of Liability); (vi) Section 13 (Indemnity); (vii) Section 19 (General); and (viii) Section 22 (Survival).
22. Contact Us
We welcome your feedback or suggestions. Please contact us at: Contact Us. Please refer to Section 14 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
23. Additional Terms
Certain portions of the Website and Website Services may be subject to additional or different terms and conditions. We will notify you if those portions of the Website or Website Services are subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in those portions of the Website or applicable Website Services if you do not agree with the differing terms and conditions.
24. Complete Agreement
25. Effective Date
December 7, 2021
26. COPYRIGHT AND LEGAL NOTICE
Copyright ©2021 Bailey’s Furniture Outlet, Inc. All Rights Reserved.