Terms and Conditions
Buy It Now Furniture provides this website (the "website" or "site") for its customers and other permitted users. We have worked hard to give you the information here and elsewhere on our site to get you comfortable with our site. These Terms and Conditions of Use (the "Terms and Conditions") help enable us to provide you with the information, other content and other features available through our site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to these Terms and Conditions and other applicable law. If you do not agree to these Terms and Conditions, please do not use this site.
This site and the materials available on or through this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Buy It Now Furniture disclaims all warranties, express or implied, concerning this site or its use, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Buy It Now Furniture does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Buy It Now Furniture does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In addition, as to products ordered through this site any liability for defects or issues with such products is limited by the terms of any applicable manufacturer's product warranties or other written warranties that accompany such products.
Limitation of Liability
You are responsible for maintaining the confidentiality of your account and any related passwords. For products ordered through this site, risk of loss passes from Buy It Now Furniture when the product is placed for delivery to you with a delivery carrier that is other than Buy It Now Furniture. Buy It Now Furniture shall not be liable for any indirect, special or consequential damages that result from the use of, or the inability to use, the materials on this site, the performance of any products ordered through this site, or delay in delivery of any products ordered, even if Buy It Now Furniture has been advised of the possibility of any such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Pricing or Other Information Errors and Inability to Fulfill Orders
In the event that a Buy It Now Furniture product is mistakenly listed at an incorrect price or with other incorrect information, Buy It Now Furniture reserves the right to refuse or cancel any orders placed for product listed at the incorrect price or based on incorrect product information. In addition, Buy It Now Furniture is not responsible for any inability to fulfill orders due to reasons beyond our control, including, but not limited to, inability to obtain products from manufacturers or distributors for any reason, product backorders or product discontinuation. Buy It Now Furniture reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Buy It Now Furniture shall issue a credit to your credit card account in the amount charged.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Buy It Now Furniture. The collective work includes works that are licensed to Buy It Now Furniture. Copyright 2010 Buy It Now Furniture.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Buy It Now Furniture or purchasing Buy It Now Furniture products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Buy It Now Furniture or to purchase Buy It Now Furniture products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Buy It Now Furniture. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Applicability of Terms and Changes
Restrictions and Disclaimer Concerning User Content
Buy It Now Furniture does not assume any responsibility to review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Buy It Now Furniture is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Buy It Now Furniture reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Buy It Now Furniture in its sole discretion.
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Buy It Now Furniture or other employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
You agree to indemnify, defend, and hold harmless Buy It Now Furniture, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Buy It Now Furniture may link to sites operated by third parties. However, even if the third party is affiliated with Buy It Now Furniture, Buy It Now Furniture has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Buy It Now Furniture. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Buy It Now Furniture seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Notice and Address
Buy It Now Furniture may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Buy It Now Furniture.
Your use of this site shall be governed in all respects by the laws of the State of North Carolina, U.S.A. , without regard to choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Buy It Now Furniture products) shall be in the state or federal courts located in Caldwell County, North Carolina. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Buy It Now Furniture products) must be commenced within one (1) year after the claim or cause of action arises. Buy It Now Furnitures' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Buy It Now Furniture may assign its rights and duties under this Agreement to any party at any time without notice to you.