IF YOU DO NOT AGREE TO THESE Terms, YOU MAY NOT USE THE Site.
YOU MAY NOT USE THE SITE AND MAY NOT ACCEPT THESE TERMS IF YOU (A) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MARKSMAN FURNISHINGS, LLC, OR (B) ARE A PERSON BARRED FROM RECEIVING THE SITE UNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION.
The Terms were last updated on March 1, 2017.
For an explanation of our practices and policies related to the purchase and sale of goods and services, please read our Terms of Sale located https://marksmanfurnishings.com/terms-of-sale/ (the “Terms of Sale”).
For an explanation of our dispute resolution policies related to the collection, use, and storage of your personal information; the purchase and sale of goods and services, and the use of the Site please read our Agreement to Arbitrate and Class Action Waiver located https://marksmanfurnishings.com/arbitration-agreement/ (the “Arbitration Agreement”).
Use of Site
You may use the Site, solely for your personal non-commercial use. All data files, graphics, computer software, music, audio files, photographs, videos, images, and written text on the Site (collectively the “Content”) is owned by us or our licensors. You may not reproduce, modify, copy, distribute, transfer, rent, lease, loan, sell, transmit, post, disclose, create derivative works of, or translate, reverse engineer, de-compile, or disassemble the Site, the Content, or the software elements of the Site without our prior written consent. You may not access or use the Site or any Content through any technology or means other than the Site itself, including but not limited to the use of “robots,” “spiders,” or “offline readers” to access, use, manipulate, or generate Content. You may not use the Site to advertise or promote third party products.
We have the right to modify, suspend, or discontinue the Site or any portion thereof at any time without notice and without liability to You. We may impose limits on certain features of the Site, restrict access to all or part of the Site for any reason, or no reason, with or without notice, and without liability to You.
You will create a user name and password when you register on the Site. Your logon and password will allow you to purchase goods and services on the Site. You are solely responsible for your username and password and all transaction(s) related to the use of your username and password. You may change your password or request termination of your username by sending us nan email to firstname.lastname@example.org.
You acknowledge and agree that we and our licensors own all right, title, and interest in and to the Site, including but not limited to all intellectual property rights therein under all applicable laws of the United States and any other applicable state or foreign law. Marksman Furnishings, LLC reserves all rights not expressly granted herein.
The registered and unregistered trademarks, service marks, designs, and logos displayed as a part of the Site (collectively, the “Trademarks”) are the property of their respective owners. You agree that you will not adopt for your use any Trademarks, reproduce any Trademarks, nor imply any endorsement by, or relationship with, the owner of any Trademark, without the Trademark owner’s prior written consent.
You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not: (a) use the Site to “stalk” or otherwise harass or harm another; (b) impersonate any person or entity, including, but not limited to, a Marksman Furnishings, LLC official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) use the Site in any manner that could damage, disable, overburden, or impair any server, or network connection, disobey any requirements, procedures, policies, or regulations of networks connected to the Site or interfere with any other party’s use and enjoyment of the Site; (e) attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any server, through hacking, password mining, or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site; (f) intentionally or unintentionally violate any applicable local, state, national, or international law.
You agree to indemnify, defend, and hold us, our employees, officers, directors, contractors, representatives and agents, and other customers, harmless from and against any and all claims, demands, actions, suits, proceedings, and all damages, judgments, liabilities, losses and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of, based upon, relating to, or resulting from any breach of the Terms by you.
USE OF THE SITE is at YOUR sole risk. The Site ARE PROVIDED on an “AS IS” and “AS AVAILABLE” basis with no WARRANTY. WE disclaim all representations and warranties, express or implied, regarding the Site and content, including any representation and warranty of quality or security and the implied warranties of fitness for a particular purpose, merchantability, and noninfringement. WE do not warrant that the Site and content are free from bugs, viruses, errors, or other limitations, the accuracy or reliability of any information obtained through the SITE, or that defects in the SITE will be corrected.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE and OUR DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES shall not BE LIABLE TO YOU for ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO, ANY LOSS OR DAMAGE RESULTING FORM RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT, OR ANY CHANGES WE MAY MAKE TO THE SITE, OR CONTENT, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SITE (OR ANY FEATURES WITHIN THE SITE); OR IF APPLICABLE, YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. ThE limitation upon damages and claims is intended to apply without regard to whether other provisions of thE Terms have been breached or have proven ineffective. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND WE WOULD NOT HAVE PROVIDED THE Site to you WITHOUT SUCH LIMITATIONS.
Third-Party Web Sites
We may provide links to third-party web sites, and some of the Content may be supplied by third parties, for example, in instances of framing of third-party web site or incorporation through framesets of content supplied by third-party servers. We are not responsible for these third-party web sites, which are governed by the terms and privacy policies, if any, of the applicable third-party Content providers. We provide these links only as a convenience, and the inclusion of any link does not imply any endorsement of such a site.
You agree that we may, for any reason, or no reason, at any time in our sole discretion, with or without prior notice, immediately terminate your access to the Site and that we shall not be liable to you or any third party for any termination of your account or access to the Site.
Assignment. You may not assign or transfer your rights and obligations under these Terms without our prior written consent, and any purported assignment or transfer without our prior written consent shall be null and void.
Amendments. We may amend these Terms at any time or from time to time without notice. Any amendment to these Terms shall be effective when posted on the Site. You understand and agree that if you use the Site after the date on which the Terms have changed, your use of the Site shall be your acceptance of the updated Terms.
Force Majeure. Neither party shall be in default by reason of any failure in performance of these Terms if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control or foreseeability of such party, including but not limited to, acts of God or of the public enemy, U.S. or foreign governmental acts in either a sovereign or contractual capacity, fire, flood, epidemic, restrictions, strikes, and/or freight embargoes.
No Waiver. Any failure by either party to detect, protest, or remedy any breach of these Terms shall not constitute a waiver or impairment of any such term or condition, or the right of such party at any time to avail itself of such remedies as it may have for any breach or breaches of such term or condition. A waiver may only occur pursuant to the prior written express permission of an authorized officer of the other party.
Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.
Headings. Headings used in these Terms are for convenience only and shall not be considered in construing or interpreting these Terms.
Governing Law. These Terms, the rights of the parties hereunder, and any disputes between the parties, shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. The parties expressly exclude all application of the United Nations Convention on the International Sale of Goods to these terms.
Disputes. Any claim or controversy between under any legal theory including without limitation breach of contract, warranty, products liability, tort, negligence, statute, or regulation, except disputes relating to the enforcement or validity of your or our intellectual property rights shall be settled in the manner provided in our Arbitration Agreement available here <<hyperlink>>.
Entire Agreement. These Terms, the Terms of Sale, and the Arbitration Agreement, constitute the final, complete, and exclusive statement of the agreement between the parties in respect of the subject matter hereof. Nothing in these Terms shall supersede any prior written agreement between us.
Notices. Unless otherwise provided herein or in the Terms of Sale or Arbitration Agreement, notices given by us will be sent to the e-mail address or mailing address on the registration page. Notice sent to the e-mail or conventional mailing address last provided by you shall be effective, valid, and binding regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.