MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER IS SET FORTH IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.
Registered User Accounts, Passwords, and Security
Portions of the Sites may require that you register an account with Your Patio Furniture (“Account”). You agree to maintain the confidentiality of your username and password and are fully responsible for all activities that occur through the use of your username and password. You agree to immediately notify Your Patio Furniture of any unauthorized use of your password or any other breach of security about which you may be aware.
Products and Pricing
All descriptions of products and product pricing on any Site are subject to change at any time without notice and at the sole discretion of Your Patio Furniture. The technology you are using to view the Sites may impact the accuracy of the display of any images of products offered on a Site. Your Patio Furniture does not warrant that the description of any product on any site or any other content of any Site is accurate, complete, reliable, current, or error-free. Unless expressly stated otherwise in writing, any sale of any product on any Site is intended for end-user customers only and the resale or export of any such product is prohibited.
We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation. We reserve the right, at our sole discretion, to limit the quantity of items purchased and/or to prohibit sales to dealers. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will promptly issue a credit to your credit card account in the amount of the incorrect price. We reserve the right to refuse any sale at any time.
The Sites, all content on the Sites (except the Your Patio Furniture Trademarks, defined below) are the property of Your Patio Furniture or its licensors (“Your Patio Furniture Property”). Your Patio Furniture gives you a limited, nonexclusive, revocable, non-assignable, non-sublicensable, non-transferrable, license to use the Your Patio Furniture Property for your own personal use. Any other use of the Your Patio Furniture property is prohibited. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the Your Patio Furniture Property for any purposes.
All trademarks, logos, service marks and trade names of Your Patio Furniture are the property of Your Patio Furniture (“Your Patio Furniture Trademarks”). Any use of the Your Patio Furniture Trademarks without Your Patio Furniture’s pre-approval in writing is prohibited.
If the functionality is available on a Site, you may submit reviews, suggestions, comments, questions, or other information, as long as your submission complies with these Terms and Conditions and does not contain any commercial solicitation, mass mailing, or other form of “spam.” If you chose to submit any such submission, you hereby grant Your Patio Furniture a nonexclusive, royalty-free, perpetual, irrevocable, assignable, transferable, sublicensable, right to use, copy, reproduce, modify, distribute, display, perform, and create derivate works of such submission worldwide in any form and on any media.
Notice of Copyright Infringement
If you believe that any of your work has been copied and is accessible on any Site in a manner that constitutes copyright infringement, please provide Your Patio Furniture’s copyright agent in writing with: (i) a description of the copyrighted work claimed to have been infringed; (ii) a description of the allegedly infringing material on a Site that you are requesting be removed; (iii) your name, telephone number, and email address; (iv) a statement that you have a good faith belief that use of the copyrighted work is not authorized by you or by law; (v) a statement that the information you are providing is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (vi) an electronic or physical signature of you or someone authorized on the copyright owner’s behalf, to assert infringement of copyright and submit the statement. Allegations of infringement that include all of the information set forth above must be submitted by post or electronic mail to Your Patio Furniture’s copyright agent at 11451 NW 36th Avenue, Miami, FL 33167,email@example.com.
Limitation of Liability
IN NO EVENT WILL Your Patio Furniture OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OR THIRD-PARTY PROVIDERS BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, YOUR USE OF THE SITES, YOUR ACCESS OR INABILITY TO ACCESS THE SITES, OR ANY PRODUCT PURCHASED ON THE SITES, EVEN IF Your Patio Furniture HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, Your Patio Furniture’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Disclaimer of Warranties
THE SITES ARE PROVIDED AS-IS. Your Patio Furniture MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO THE SITES OR ANY PORTION OF THE SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Your Patio Furniture DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
You agree to indemnify Your Patio Furniture and its officers, directors, employees, agents, licensors, representatives, and third-party providers from and against all liabilities, claims, and expenses, including reasonable attorney’s fees, made by any third party due or arising out of your use of the Sites or your violation of any rights of any third party.
Arbitration and Class Action Waiver
- Binding Individual Arbitration. If you and Your Patio Furniture have a dispute that cannot be resolved through negotiation within the time frame described below, other than those matters listed in the “Exclusions From Arbitration” subsection, you and Your Patio Furniture agree to seek resolution of the dispute only through binding arbitration, not litigation in any court, of that dispute in accordance with the terms of this paragraph. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Your Patio Furniture will pay all filing, American Arbitration Association, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of Your Patio Furniture’s last written settlement offer made before an arbitrator was selected (or if Your Patio Furniture did not make a settlement offer before an arbitrator was selected), then Your Patio Furniture will pay you the amount of the award or $7,500 U.S. Dollars, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing and pursuing your claim in arbitration. Your Patio Furniture waives any right to seek an award of attorney's’ fees and expenses in connection with any non-frivolous arbitration between you and Your Patio Furniture.
- Notice of Dispute and Arbitration. IF YOU HAVE A DISPUTE WITH Your Patio Furniture, YOU MUST SEND WRITTEN NOTICE TO: Your Patio Furniture, INC., OFFICE OF GENERAL COUNSEL, 4630 OLIN ROAD DALLAS, TEXAS 75244, TO GIVE YOU AND Your Patio Furniture THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to good faith negotiations to resolve a dispute for no less than sixty (60) days after your notice of dispute. Upon the conclusion of such sixty (60) day period, either party may pursue arbitration with the American Arbitration Association (“AAA”) pursuant to its rules. Arbitration rules and forms may be obtained from AAA at http://www.adr.org or by calling AAA at 1-800-778-7879.
- Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND Your Patio Furniture SPECIFICALLY AGREE IN WRITING TO DO SO, FOLLOWING INITIATION OF THE ARBITRATION.
- Location of Arbitration. Arbitration may take place at any place within the United States that is reasonably convenient for you. For claims of $10,000 or less, you may choose whether the arbitration proceeds in person, by telephone, or based only on submissions.
- Severability. IF THE “CLASS ACTION WAIVER” CLAUSE IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THIS ENTIRE ARBITRATION AND CLASS ACTION WAIVER SECTION WILL BE UNENFORCEABLE, AND THE DISPUTE WILL BE DECIDED BY A COURT LOCATED IN DALLAS, TEXAS AND YOU AND Your Patio Furniture EACH AGREE TO WAIVE IN THAT INSTANCE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRIAL BY JURY.
Notices / Contact Your Patio Furniture
Your Patio Furniture may contact you by posting a message to the Sites or via any information you submit to Your Patio Furniture in registering for your Account. Any notices sent to Your Patio Furniture must be by post to Your Patio Furniture attention: B2C Customer Service at 11451 NW 36th Avenue, Miami, FL 33167 or via email to firstname.lastname@example.org.
For any questions about the Sites, you may contact Your Patio Furniture at email@example.com.