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Terms and Conditions of Use
Welcome to ReadySetHome.com.
ReadySetHome.com supports freedom of speech, both on and off the Internet.
However, the goal of this web site is to provide access to the widest
selection of furniture to the largest group of people possible. To insure
a safe, non-offensive environment for all of our users, we have established
our Terms of Use. It spells out what you can expect from us and what
we expect from you. By accessing any areas of ReadySetHome.com, users
("Users") agree to be legally bound and to abide by the terms set forth
below. ReadySetHome.com is owned and operated by Interactive Furniture
Solutions, Inc. Any references herein to ReadySetHome.com shall be deemed
to refer to ReadySetHome.com and/or Interactive Furniture Solutions
Inc., as applicable under the circumstances. Any references herein to
you, your, customer shall be deemed to refer to the customer.
I.
GENERAL TERMS AND CONDITIONS
ReadySetHome.com obtains products and
uses shipping methods provided by many different companies
/ carriers. Production and shipping times will vary by manufacturer
and we do not guarantee the time that it will take for the
producer to create, obtain, or deliver your product. A notice
by a manufacturer of a delay in shipment caused by demand
for your item does not give cause for order termination
and will not terminate any other part of your order. At
our discretion, ReadySetHome.com reserves the right to provide
a refund to the customer for any item or order that is decided
to be undeliverable. ReadySetHome.com is committed to assisting
you with any inquiries regarding the status of your order
and we provide an online tool to search for the status of
your order.
ReadySetHome.com
reserves the right to refuse service and/or cancel orders
in its discretion, including without limitation, if ReadySetHome.com
believes the customer contact violates applicable law or
is harmful to the interests of ReadySetHome.com.
Free Shipping offer
only applies to orders that will be shipped to locations within the
continental US. All other orders will be charged additional expenses
to cover extra shipping incurred to deliver past the farthest point
possible while staying within the boundaries of the continental United
States to the customer's location.
ReadySetHome.com
requires a minimum of 50% of the order value to be charged
at the time of purchase with the remainder to be charged
at the time the order is scheduled for shipment.
Most orders will
be shipped via common carrier and will be delivered to the customer
at a time when the customer is available to accept the items. A bill
of lading will be signed by the customer to acknowledge receipt of these
items in good condition. It is the customer's responsibility to thoroughly
check over and visually inspect the merchandise before signing this
paperwork. Any damage must be noted on the bill of lading (bol) and
ReadySetHome.com must be contacted as to this damage within 72 hours
of the delivery time to receive replacement items in the shortest amount
of time or we must assume that the merchandise was delivered in a condition
acceptable to the customer.
In the event of
damage not noted by the customer at the time of delivery, the customer
will be responsible to file a damage claim with the shipping company
which delivered the products. In this case, we will be more than happy
to assist you in any way possible. Any damage not noted by the customer
at the time of delivery will be fixed or replaced only after a claim
is made to, successfully acknowledged and paid by the shipping company
that delivered the merchandise. ReadySetHome.com will only be able to
assist you if you notify us of the damage within 72 hours of the time
you signed for the items. This can be done by phone or e-mail. ReadySetHome.com
will not be responsible and will not accept any claims made outside
of these terms. If the customer signs the bill of lading without
noting any damage and the shipping company will not accept the claim
for reimbursement, the items can not be replaced.
In the event of
damaged item(s) that are noted on the bill of lading, ReadySetHome.com
will order and ship replacements to the customer as quickly as possible.
Only the items actually damaged should be refused. All other pieces
of the order should be inspected and accepted. Refusal of undamaged
merchandise constitutes a return and will be handled as such with all
associated return fees. Damage to item(s) in the shipment will not
be cause for termination of an order unless agreed to by ReadySetHome.com.
Any damage must be noted on the bill of lading (bol) and ReadySetHome.com
must be contacted as to this damage within 72 hours of the delivery
time. If the customer has not contacted ReadySetHome.com by this deadline
it will be determined that the merchandise was delivered in a condition
acceptable to the customer. Should the customer choose to NOT receive
replacements for damaged items, the customer agrees to be reimbursed
by the shipping company through the shipping company's claims process.
In this situation, the customer releases ReadySetHome.com from liability
and the transaction between the customer and ReadySetHome.com shall
be considered complete to the customer's satisfaction. In either situation
(accepting replacements or not accepting replacements) the customer
must further agree to be bound by all investigative and removal policies
of the shipping company.
Cancellations
- All orders are classified as "special order", placed specifically as a result of you placing the order with ReadySetHome.com. For this reason orders may be cancelled without penalty within 48 hours of the order being placed. After this time ReadySetHome.com is obligated to purchase the product and the order deposit will become nonrefundable.
Returns - We
will accept returns in the event you just do not like the item(s) when
they arrive. Returns will be accepted only if you notify us within 10
days of your items being delivered and will not be accepted without
a return number being issued before the item is shipped back. A refund
equal to the price of your order less a 15% restocking fee and all shipping
charges incurred to get the items to you will be issued after the items
have arrived back to our warehouse in re-saleable condition. You pay
a discounted rate for shipping, in most cases, through our site. You
will pay our actual shipping cost and not the discounted rate in the
event of a return. Returns will only be accepted and credits issued
if the order is in a new condition with no damage and in its original packaging when it arrives back
at our warehouses. If an order is refused with no damage, you will be
charged the 15% restocking fee and all shipping costs we incur to get
the items to and from your shipping address.
ReadySetHome.com
reserves the right to charge a fee equal to the cost of the customer's
order in the event of incorrect billing information or if the customer
decides to file for a "charge back" through their credit card
company on funds used to secure their order in violation of this agreement.
This amount will be in addition to any legal or collection costs incurred
to recover these fees.
II.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of ReadySetHome.com is at User's sole
risk. Neither ReadySetHome.com, nor its affiliates, nor any of their
officers, directors, or employees, agents, third-party content providers,
merchants, sponsors, licensers (collectively, "Providers"), or the like,
warrant that ReadySetHome.com will be uninterrupted or error-free; nor
do they make any warranty as to the results that may be obtained from
the use of ReadySetHome.com, or as to the accuracy, reliability, or
currency of any information content, service, or merchandise provided
through ReadySetHome.com.
THIS
SITE IS PROVIDED BY READYSETHOME.COM ON AN "AS IS"AND "AS
AVAILABLE" BASIS. READYSETHOME.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS
OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, READYSETHOME.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. READYSETHOME.COM WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE
AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY READYSETHOME.COM NOR ITS AFFILIATES, NOR ANY OF
THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY
ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances
shall ReadySetHome.com or any other party involved in creating, producing,
or distributing ReadySetHome.com be liable for any direct, indirect,
incidental, special, or consequential damages that result from the use
of or inability to use ReadySetHome.com, including but not limited to
reliance by a User on any information obtained from ReadySetHome.com
or that result from mistakes, omissions, interruptions, deletion of
files or e-mail., errors, defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting from acts of
God, communications failure, theft, destruction, or unauthorized access
to ReadySetHome.com's records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services
available through ReadySetHome.com. Because some states do not allow
the exclusion or limitation of liability for consequential or incidental
damages, in such states liability is limited to the fullest extent permitted
by law.
III.
CONTENT
a.
PROPRIETARY RIGHTS
User acknowledges that ReadySetHome.com contains information, data,
software, photographs, graphs, videos, typefaces, graphics, music, sounds,
and other material (collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as
a collective work under the U.S. copyright laws, and ReadySetHome.com
owns a copyright in the selection, coordination, arrangement, and enhancement
of such Content. User may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in
part. If no specific restrictions are displayed, Users may make copies
of select portions of the Content, provided that the copies are made
only for User's personal use and that User maintains any notices contained
in the Content, such as all copyright notices, trademark legends, or
other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. Copyright
laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce,
or distribute in any way Content protected by copyright, or other proprietary
right, without obtaining permission of the owner of the copyright or
other propriety right. In addition to the foregoing, use of any software
Content shall be governed by the software license agreement accompanying
such software.
b.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload
to or otherwise distribute on ReadySetHome.com only Content
that is not subject to any copyright or other proprietary
rights protection (collectively, "Public Content"), or Content
in which the author has given express authorization for
distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright, owned
by [name of owner]; used by permission." The unauthorized
submission or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in
a civil suit. User will be liable for any damage resulting
from any infringement of copyrights or proprietary rights,
or from any other harm arising from such submission. Neither
ReadySetHome.com, nor its affiliates, nor any of their officers,
directors, employees, agents, Providers, or the like, will
be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm
arising from such User submission. In compliance with the
Digital Millennium Copyright Act, Users and other persons
can report an infringement reply@ReadySetHome.com to ReadySetHome.com.
By submitting Content to any User-submit areas, including,
without limitation, any User book reviews or participation
in any author chats, User automatically grants, or warrants
that the owner of such Content has expressly granted ReadySetHome.com
the royalty-free, perpetual, irrevocable, nonexclusive right
and license to use, reproduce, publish, translate, sublicense,
copy, and distribute the Content in whole or in part worldwide
and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed for the full
term of any copyright that may exist in such Content. User
also permits any other User to access, store, or reproduce
the Content for that User's personal use. Subject to this
grant, the owner of Content placed on ReadySetHome.com retains
any and all rights which may exist in such Content.
c.
THIRD-PARTY CONTENT
ReadySetHome.com is a distributor and not a publisher of
Content supplied by third parties and Users. ReadySetHome.com
has no more editorial control over such Content than does
a public library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes
part of Content expressed or made available by third parties,
including Providers or any other User of ReadySetHome.com,
are those of the respective authors or distributors and
not of ReadySetHome.com or its affiliates or any of their
officers, directors, employees, or agents. Neither ReadySetHome.com
nor its affiliates, nor any of their officers, directors,
employees, or agents, nor any third party, including any
Provider, or any other User of ReadySetHome.com, guarantees
the accuracy, completeness, or usefulness of any Content,
nor its merchantability or fitness for any particular purpose.
In many instances, the Content available through ReadySetHome.com
represents the opinions and judgments of the respective
Provider, or User not under contract with ReadySetHome.com.
ReadySetHome.com neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice, or statement
made on ReadySetHome.com by anyone other than authorized
ReadySetHome.com employees. Under no circumstances shall
ReadySetHome.com, or its affiliates, or any of their officers,
directors, employees, or agents be liable for any loss,
damage or harm caused by a User's reliance on information
obtained through ReadySetHome.com. It is the responsibility
of User to evaluate the information, opinion, advice, or
other Content available through ReadySetHome.com.
IV.
ONLINE CONDUCT
User agrees to use ReadySetHome.com only for lawful purposes.
User is prohibited from posting on or transmitting through
ReadySetHome.com any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material
that encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate
any applicable local, state, national, or international
law.
If ReadySetHome.com
is notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content provided by User (e.g., through
an author chat or online review), ReadySetHome.com may investigate
the allegation and determine in its sole discretion whether
to remove or request the removal of such Content from ReadySetHome.com.
ReadySetHome.com may disclose any Content or electronic
communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary
or appropriate to operate ReadySetHome.com; or (iii) to
protect the rights or property of ReadySetHome.com, its
Users or Providers.
ReadySetHome.com
reserves the right to prohibit conduct, communication, or
Content that it deems in its sole discretion to be harmful
to individual Users, ReadySetHome.com, the communities that
make up ReadySetHome.com, or any rights of ReadySetHome.com
or any third party, or to violate any applicable law. Notwithstanding
the foregoing, neither ReadySetHome.com nor its Providers
can ensure prompt removal of questionable Content after
online posting. Accordingly, neither ReadySetHome.com, nor
its affiliates, nor any of their officers, directors, employees,
or agents, nor Providers shall assume liability for any
action or inaction with respect to conduct, communication,
or Content on ReadySetHome.com.
V.
PRIVACY POLICY
In accordance with the terms of ReadySetHome.com's Privacy
Policy, ReadySetHome.com respects the privacy of its Users.
VI.
TERMINATION OF USAGE
ReadySetHome.com may terminate User's access, or suspend
any User's access to all or part of ReadySetHome.com, without
notice, for any conduct that ReadySetHome.com, in its sole
discretion, believes is in violation of any applicable law
or is harmful to the interests of another User, a third-party
Provider, a service provider, or ReadySetHome.com.
VII.
USAGE BY CHILDREN UNDER 13
ReadySetHome.com cannot prohibit minors from visiting this
site. ReadySetHome.com must rely on parents, guardians and
those responsible for supervising children under 13 to decide
which materials are appropriate for such children to view
and/or purchase.
VIII.
APPLICABLE LAW
This site is created and controlled by ReadySetHome.com
in the State of Missouri. As such, the laws of the State
of Missouri will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of
laws. ReadySetHome.com reserves the right to make changes
to its site and these disclaimers, terms and conditions
at any time. User hereby irrevocably and unconditionally
consents to submit to the exclusive jurisdiction of the
courts of the State of Missouri and of the United States
of America located in the State of Missouri for any litigation
arising out of or relating to use of or purchase made through
ReadySetHome.com (and agrees not to commence any litigation
relating thereto except in such courts), waives any objection
to the laying of venue of any such litigation in the Missouri
Courts and agrees not to plead or claim in any Missouri
Court that such litigation brought therein has been brought
in an inconvenient forum.
VIIII.
SEVERABILITY
The provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these Terms
of Use shall be held invalid or unenforceable in whole or
in part in any jurisdiction, such provision shall, as to
such jurisdiction, be ineffective to the extent of such
invalidity or unenforceability without in any manner affecting
the validity or enforceability thereof in any other jurisdiction
or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT The Terms of Use, including all documents
referenced herein, represents the entire understanding between
you and ReadySetHome.com regarding your relationship with
ReadySetHome.com and supersedes any prior statements or
representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE
by using the ReadySetHome.com web site. The aforementioned
Terms of Use are subject to change.
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