1. Acceptance of Terms.
By using the Website, you warrant that you are age eighteen (18) or above the age of majority within your legal jurisdiction, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity.
2. Acceptable Use of the Website.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET. You understand that Cottage and Bungalow cannot and does not guarantee or warrant that files available for downloading from the Website will be free of infection or viruses, worms, malware, Trojan horses, or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protections and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
You agree to use the Website in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. You agree that you will not post on the Website any defamatory, inaccurate, abusive, obscene, profane, offensive sexually-oriented, threatening, harassing, racially offensive, or illegal material, comments, suggestions, photos, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Website may violate any laws, infringe upon another person's rights or violate the terms of this Agreement.
3. License to Use the Website.
You acknowledge and agree that the Website is the property of or is licensed by Cottage and Bungalow and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Cottage and Bungalow reserves all of rights not expressly granted through this Agreement.
Cottage and Bungalow provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
When using the Website, you grant Cottage and Bungalow an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, create derivative works from, and display publicly throughout the world and in any medium or form now existing or later created any content that you submit to the Website. You expressly agree that Cottage and Bungalow may use this content for any purpose and that the use or republication of this content will be at Cottage and Bungalow’s discretion and without compensation or attribution of any kind.
Further, Cottage and Bungalow has the right, but not the obligation, to edit, monitor, analyze, append, remove, or refuse any content submitted by you to the Website. Cottage and Bungalow takes no responsibility for an assumes no liability for any content that you submit to the Website, and you are solely responsible for any content that you submit to the Website.
4. Intellectual Property.
(a). The contents of the Website, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Cottage and Bungalow and/or its partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Website solely for your personal non-commercial use or your non-commercial use or as otherwise permitted in writing. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Cottage and Bungalow, unless otherwise noted. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Website or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Cottage and Bungalow.
(b) Cottage and Bungalow, the logo, and all product and service names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of Cottage and Bungalow, Inc. The use or misuse of any trademarks or any other materials contained on the website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark of Cottage and Bungalow or any third party.
5. Disclaimer of Warranty and Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT COTTAGE AND BUNGALOW WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS, AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT COTTAGE AND BUNGALOW’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
COTTAGE AND BUNGALOW EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS AGREEMENT, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED WITHOUT EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
COTTAGE AND BUNGALOW WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, PERSONAL INJURY, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, DEATH, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE. YOU ACKNOWLEDGE THAT YOUR USE OF PRODUCTS PURCHASED THROUGH THE WEBSITE IS AT YOUR SOLE RISK AND THAT COTTAGE AND BUNGALOW’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID FOR THE PRODUCTS OR $1000, WHICHEVER IS LESS.
You agree to indemnify, defend, and hold harmless Cottage and Bungalow, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys' fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Cottage and Bungalow will not provide you with the ability to control Cottage and Bungalow’s defense, and Cottage and Bungalow reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
7. Governing Law, Jurisdiction and Venue.
You and Cottage and Bungalow agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase or use of products from or through the Website, will be governed by the laws of the State of Texas, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims for injunctive relief by either party, you and Cottage and Bungalow agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Richardson, Texas or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND COTTAGE AND BUNGALOW EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
Any claims must be brought within one year of each applicable invoice or will otherwise be barred.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
11. Shipping and Delivery.
See the “Shipping Info” Tab for the Terms and Conditions regarding Shipping. All prices are Free Carrier (F.C.A.) and risk of loss and title passes to you upon delivery to the carrier. Customer agrees that Cottage and Bungalow is not liable for any damage that may be caused to Customer’s property by third-party shippers used to deliver products purchased using this website. Sales tax is applied to the total amount of the order in accordance with tax laws.
12. Orders and Payment.
Each order submitted to Cottage and Bungalow through the Website is an offer to Cottage and Bungalow to buy the product(s) listed in the order. When you place an order to purchase a product through the Website, Cottage and Bungalow will send you an email confirming receipt of your order. Your receipt of this email confirms that you have placed an order, and you understand and agree that this email does not constitute Cottage and Bungalow’s acceptance of your order. No order will have been deemed to have been accepted by Cottage and Bungalow until the product(s) contained within the order is shipped by Cottage and Bungalow to you.
Payment for all orders placed through the Website must be made at the time of ordering. You agree that you will pay all applicable taxes or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website or purchase of goods through the Website. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that Cottage and Bungalow is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by Cottage and Bungalow’s payment processor. You agree that you will not initiate any chargebacks to Cottage and Bungalow unless otherwise authorized by Cottage and Bungalow in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against Cottage and Bungalow.
13. Third Party Beneficiary Rights.
No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement.
14. Inaccuracy Disclaimer.
From time to time there may be information on our Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Cottage and Bungalow reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Cottage and Bungalow reserves the right to refuse an order that is incorrectly listed or inaccurately calculated at checkout.
13. Promotions and Exclusions.
From time to time, Cottage and Bungalow will offer promotions. You cannot combine current promotions with any other special pricing or offers. Promotions may not be applied to previous purchases, gift certificates or redeemed for cash. The promotional price applies to merchandise total before tax and shipping, and it excludes expedited delivery and oversized handling fees. Cottage and Bungalow reserves the right to change terms at any time. Please note: special offers and pricing are valid only while supplies last and cannot be used for rainchecks. Promotional offers void where prohibited by law.
14. Website Accessibility.
Cottage and Bungalow strives to provide the Website in a manner that is accessible to all of its users, including those with disabilities. Cottage and Bungalow intends that its Website, to the extent commercial possible, will conform to the Worldwide Web Consortium’ Web Content Accessibility Guidelines version 2.1, Level AA Conformance (WCAG 2.1 Level AA). Where Cottage and Bungalow cannot feasibly or technically comply with the WCAG 2.1 Level AA standards, Cottage and Bungalow has provided alternative means by which those with disabilities may access the Website. Specifically, if you have difficulty using or accessing any element of the Website, please contact Cottage and Bungalow through the “contact us” portion of our Website, dial 1-844-677-6604 to speak to a Cottage and Bungalow representative, or email us at firstname.lastname@example.org, and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible to you.
Cottage and Bungalow prioritizes accessibility errors and bug fixes to ensure that they are remedied at the same level of priority as any critical website feature. If you have discovery any feature or bug that hinders accessibility, or if you have any feedback or suggestions as to how we could improve the use and accessibility of the Website, you are encouraged to contact us at 1-844-677-6604 or email@example.com.
15. Terms of Custom Furniture
PLEASE NOTE, WE DO NOT OFFER REFUNDS, DISCOUNTS, CANCELATIONS OR RETURNS ON CUSTOM FURNITURE 48 HOURS AFTER ORDER PLACEMENT FOR ANY REASON EVEN IF IT IS DELAYED. BY PLACING YOUR ORDER, YOU AGREE TO THESE TERMS.
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our website and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our website, to see if these Terms have changed. Continued use of the website after any changes to the Terms constitutes your consent to such changes.