Terms of Use
This website is operated by Ashley Home Stores, Ltd. (referred to as "Ashley HomeStores,"
"we," "us," and "our"). Our mailing address is One Ashley Way, Arcadia, WI
54612.
Use of this Website
We appreciate your interest in ASHLEY FURNITURE HOMESTORE® retail furniture
stores and welcome you as a guest to this website. Your access to and use of this
website is subject to the following Terms of Use and applicable laws (the "Agreement").
By accessing and browsing this website, you accept, without limitation or qualification,
these Terms of Use and agree to follow and be bound by them. If you do not agree
with any of these Terms of Use, do not use this website.
In order to access some features of this website, you may be required to register.
If you register, you agree to provide us with accurate and complete registration
information, and to inform us immediately of any updates or other changes to such
information. Failure to comply with the terms of this paragraph shall constitute
a material breach of these Terms of Use, which may result in immediate termination
of your account. In addition, we reserve the right to refuse registration of, or
cancel a registration, in our sole and exclusive discretion.
This website is not targeted towards, nor intended for use by, anyone under the
age of 18. By your use of our Website, you certify that you are 18 years of age
or older and accept these Terms of Use. If you are not at least 18 years of age,
do not access, use, or register on this Website.
You may use this Website for your personal, non-commercial use. We present this
information as a service to customers of ASHLEY FURNITURE HOMESTORE®
retail furniture stores and other Internet users. Any unauthorized downloading or
distribution of any copyrighted material from this Website, without the copyright
owner's permission, is strictly prohibited.
Copyrights, Trademarks, and Patents
You should assume that everything you see or read on this website is copyrighted
unless otherwise noted, and may not be copied, reproduced, distributed, modified,
published, downloaded, posted, or transmitted in any way, without the prior written
consent of the copyright owner, EXCEPT: You may print copies of the material for
your personal, non-commercial use, provided that you do not delete or change any
copyright, trademark, or other proprietary notices. Unless otherwise noted, all
content and material on this website are copyrights, trademarks, trade dress, and/or
other intellectual property owned, controlled, or licensed by us, by one of our
affiliates, or by third parties who have licensed their material to us and are protected
by U.S. and international copyright laws. We reserve complete title and full intellectual
property rights in any content and material you download from this website, and
no right, title, or interest is transferred to you as a result of any such downloading
or copying.
Modifying, distributing, or using for any purpose the material on this website which
is copyrighted or otherwise protected under intellectual property laws directly
violates intellectual property rights of the owner. Access to this website does
not confer and shall not be considered as conferring upon anyone any license under
any of our, our affiliates', or any third party's intellectual property rights.
Many of the furniture products displayed throughout this website are protected by
various design patents issued by the United States. These design patents, which
are owned by Ashley Furniture Industries, Inc., cover one or more of the ornamental
or aesthetic features forming the overall furniture product. Design patents may
also be pending in the United States and other countries which serve to protect
the designs of these furniture products when they issue from the respective country.
These furniture design patents are the exclusive property of Ashley Furniture Industries,
Inc., and may not be copied, modified, or imitated without its prior written permission.
We are certain that you understand that Ashley Furniture Industries, Inc. must protect
its intellectual property, including its patents, trademarks, and copyrights, and
therefore, no license to these rights has been granted to you by use of this website.
Changes to Terms of Use
We reserve the right, in our sole and exclusive discretion, to revise these Terms
of Use at any time. All revisions shall be posted on this page. Since you are bound
by all revisions to these Terms of Use, you should review this page each time you
visit our website.
Disclaimer
THIS WEBSITE, AND THE MATERIAL AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE,
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT,
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY
INFORMATION OR OTHER MATERIALS AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE IS
FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THIS EXCLUSION
OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION
ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, OR CURRENT. WE
DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM OR PRODUCT
DESCRIPTION ON THIS WEBSITE. SUCH ITEMS AND PRODUCT DESCRIPTIONS ORIGINATE FROM
THE MANUFACTURER.
NOTHING IN THIS WEBSITE IS TO BE CONSTRUED AS A RECOMMENDATION TO USE ANY PRODUCT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY ASHLEY FURNITURE HOMESTORE® RETAIL
FURNITURE STORE, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY
TO USE THE WEBSITE, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES, OR MERCHANDISE
PROVIDED ON OR THROUGH THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
FAILURE OF PERFORMANCE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES
OF ANY KIND, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF ASHLEY HOMESTORES OR ANY ASHLEY FURNITURE HOMESTORE®
RETAIL FURNITURE STORE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, OR WITH
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS
WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THIS WEBSITE
IS AT YOUR SOLE RISK.
THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION
ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION WILL NOT BE GREATER
THAN THE DIRECT INCREMENTAL AMOUNT, IF ANY, YOU PAID SPECIFICALLY TO ACCESS THIS
WEBSITE.
Indemnification
You agree to defend, indemnify, and hold harmless us and all ASHLEY FURNITURE HOMESTORE®
retail furniture stores from any and all liabilities, costs, and expenses, including
attorneys' fees, arising from or related to your use of this website.
Site Security
You are prohibited from violating or attempting to violate the security of this
website. Violations of the system or network security may result in civil or criminal
liability. You agree not to use a device or software to interfere or attempt to
interfere with the proper working of this website or any activity being conducted
on this website. You are responsible for maintaining the confidentiality of your
password, and you are fully responsible for all activities that occur under your
account, whether or not you authorize such activities.
PrivacyUse of this website is governed by our
Privacy Policy, which we encourage you to review.
Termination
These Terms of Use are effective unless and until terminated by either you or us.
You may terminate this Agreement at any time, provided that you discontinue any
further use of this website. We may terminate this Agreement at any time and may
do so immediately without notice, and accordingly deny you access to the website,
if we, in our sole discretion, determine that you have failed to comply with any
term or provision of this Agreement. Upon any termination of the Agreement by either
party, you must promptly destroy all materials downloaded or otherwise obtained
from our website, as well as all copies of such materials, whether made under the
Terms of Use hereof or otherwise.
Governing Law and Disputes
This website can be accessed from all over the world. All information contained
in this website is intended for the United States market only. This website is controlled,
maintained, and serviced by us in the State of Wisconsin. By your use of our website,
you agree that any dispute arising from or relative to this website, or use or inability
to use the website, will be governed by the laws of the State of Wisconsin, without
regard to its conflict of law provisions. You also agree, and hereby submit to,
the exclusive personal jurisdiction and venue of the Circuit Court of Trempealeau
County, Wisconsin and the United States District Court for the Western District
of Wisconsin with respect to such matters.
Miscellaneous
This Agreement represents the complete Agreement between the parties and supersedes
all prior agreements and representations between them. If any provision of this
Agreement is held to be unenforceable for any reason, such provision shall be reformed
or eliminated only to the extent necessary so that these Terms of Use shall otherwise
remain in full force and effect and enforceable. Our failure to act with respect
to a breach of this Agreement by you or others does not constitute a waiver and
shall not limit our rights with respect to such breach or any subsequent breaches.
These Terms of Use are not assignable, transferable, or sub licensable by you. The
headings in these Terms of Use are for convenience only and have no legal or contractual
effect. These Terms of Use include and incorporate the Privacy Policy for the Ashley
HomeStores website and any notices regarding the Ashley HomeStores website.