User Agreement (or Agreement) is a legal agreement between you and Paksnwi Furniture USA, Inc., hereby referred as Paksnwi Furniture.com., governing your participation on the Paksnwi Furniture.com site. By using, accessing or registering as a member of Paksnwi Furniture.com you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use Paksnwi Furniture.com.
We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Paksnwi Furniture.com, which take effect when we post them. By continuing to access or use Paksnwi Furniture.com after any such amendment, you agree to be bound by the terms of the amended Agreement.
A Note about Minors. Paksnwi Furniture.com is not targeted towards, nor intended for use by anyone under the age of 18. By using the Paksnwi Furniture.com you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use access or register for Paksnwi Furniture.com. We reserve the right to terminate your, if any, membership in the event that Paksnwi Furniture.com becomes aware you are under 18.
General. Paksnwi Furniture.com does not warrant that product descriptions, pricing, editorial commentary or any other content of Paksnwi Furniture.com, regardless of its source, is accurate, complete, reliable, current or error-free. Paksnwi Furniture.com content is provided for informational purposes only and does not constitute an endorsement by Paksnwi Furniture.com of any product, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Liability Limits below). Paksnwi Furniture.com assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings (e.g. user merchant rating, user product rating) or other content on Paksnwi Furniture.com.
Participating merchants and other third parties may pay Paksnwi Furniture.com to be presented on Paksnwi Furniture.com, or to have their product or service offerings placed higher in our search results, and may also purchase research Paksnwi Furniture.com, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
You may download, view and print a single copy of any other content, solely for your contact business purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to Paksnwi Furniture.com and any other content appearing on Paksnwi Furniture.com, will remain the exclusive property of Paksnwi Furniture.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use Paksnwi Furniture.com, or any other content appearing on Paksnwi Furniture.com. You may not copy or modify the HTML code used to generate web pages on Paksnwi Furniture.com. You may not use Paksnwi Furniture.com, or any other content appearing on Paksnwi Furniture.com, on or in connection with any other website, for any purpose.
Content Submission. By contributing or submitting any content to Paksnwi Furniture.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant Paksnwi Furniture.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all moral rights that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of Paksnwi Furniture.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. Paksnwi Furniture.com reserves the right to change, condense or delete any content on the Paksnwi Furniture.com site that Paksnwi Furniture.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You retain all ownership rights to information, text, graphics, or other materials you publish on Paksnwi Furniture.com. However, we can reproduce, publish and distribute all or teaser portions of your content online and offline and permit others to do the same. You can edit or remove your content from Paksnwi Furniture.com at any time; but if we have distributed your content to others, we may be unable to require them to make the same changes. We ask that you refer or provide links to Paksnwi Furniture.com if you choose to republish your content elsewhere and that you do not publish the same items of content on Paksnwi Furniture.com.
Copyrights. All content available on the Paksnwi Furniture.com web site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Paksnwi Furniture.com., with all rights reserved, or is the property of Paksnwi Furniture.com, or third parties protected by intellectual property rights.
Paksnwi Furniture.com is a service mark of Paksnwi Furniture USA, Inc. Paksnwi Furniture.com service marks/trademarks may not be used in connection with any product or service that is not provided by Paksnwi Furniture.com, in any matter that is likely to cause confusion among customers.
Trademarks. Paksnwi Furniture.com is not in a position to arbitrate trademark disputes between the advertisers on Paksnwi Furniture.com and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, Paksnwi Furniture.com does not control and assumes no responsibility for content.
Other Rules. You agree to comply with Paksnwi Furniture.com Site Rules which are incorporated into this Agreement, and with all laws and regulations applicable to your access and use of Paksnwi Furniture.com and publishing your content. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that Paksnwi Furniture.com has no obligation to monitor your access to or use of Paksnwi Furniture.com, but has the right to do so for the purpose of operating Paksnwi Furniture.com, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Unless we explicitly agree otherwise in writing, you may not use any automated means (such as scripts) to access Paksnwi Furniture.com or collect information from it.
Detailed Site Usage Policy
When submitting content to Paksnwi Furniture.com whether in the form of membership, reviews, editorials, comments, ratings or your profile page the following are inappropriate:
Violating the intellectual property rights of a third party. Re-establishing an account on Paksnwi Furniture.com after your account has been terminated due to termination of any violation of these rules. Defaming a third party. Affecting the way Paksnwi Furniture.com displays its pages, such as by framing Paksnwi Furniture.com or placing pop-up windows over its pages. Using any automated means to access the site or collect any information from the site. Using ActiveX, Java, cookies, web bugs or other tracking technologies (such as Human Click or Site meter). Collecting any personal information about users through Paksnwi Furniture.com, including, but not limited to, their username or password. Using emails tools (such as "Email this page") to send spam. Sharing your password with a third party. Publishing or using files or processes that pose a threat to the proper technical operation of the system or to the security of other members. Provide any content that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Customizing Paksnwi Furniture.com in a way that adversely affects the display of any advertising or promotional links on the site. Modifying or creating variant versions of Paksnwi Furniture.com s’ logos or other trademarks. Illegal activity under the laws of Florida and the United States. Speaking on behalf of Paksnwi Furniture.com, describing yourself as a Paksnwi Furniture.com employee or using Paksnwi Furniture.com letterhead.
By choosing to use Paksnwi Furniture.com, you agree to indemnify Paksnwi Furniture.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Paksnwi Furniture.com; or of your use of or connection to Paksnwi Furniture.com; your violation of the User Agreement; or, your violation of any rights of another.
Because we are a venue, in the event that you have a dispute with one or more users of Paksnwi Furniture.com, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge Paksnwi Furniture USA, Inc., our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the Florida Civil Code, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.". In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than Florida as it pertains to the enforcement of the release in this section.
Liability Limits. PAKSNWIFURNITURE.COM AND ITS SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH PAKSNWIFURNITURE.COM AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law/Arbitration. This Agreement is governed by Florida law as such laws apply to Agreements entered into and to be performed entirely within Florida between Florida residents and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or Paksnwifurniture.com shall be settled by binding arbitration in Dade County, Florida in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Florida law. However, (a) each of us may seek interim relief from a Dade County, Florida court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Integration. This Agreement constitutes the entire Agreement, and supersede any other Agreements or understandings (oral or written), between you and us with respect to their subject matters.
Disclaimer of Warranties. PAKSNWIFURNITURE.COM AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. Paksnwifurniture.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on Paksnwifurniture.com, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold Paksnwifurniture.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on. In addition, Paksnwifurniture.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on Paksnwifurniture.com constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by Paksnwifurniture.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
Other. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with Paksnwifurniture.com. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Paksnwifurniture.com.
Last Updated: December 4, 2006
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