Term of Use

Welcome to ashleyfurniturehomestore.com. These Terms of Use govern this website and the related sites, services, and tools (collectively, the “Site”). Under these Terms of Use, “we” or “us” refers to Ashcomm LLC. The products and services we make available on the Site are subject to these Terms of Use. By using the Site, you agree to these Terms of Use and to any changes we may make from time to time. You can review the most current version of the Terms of Use at any time by clicking the Terms of Use link at the bottom of any page on the Site. Please read these Terms of Use carefully and in full. They describe our rights regarding the Site and your rights and obligations regarding your use of the Site. Do not use the Site if you do not agree to these Terms of Use.

We may make changes to the Site and to the products and services we offer on it.

At our sole discretion, we have the right, but not the obligation, to take the following actions without prior notice:

• Modify or discontinue, in whole or in part, the products and services we offer on the Site;
•  Restrict or terminate, in whole or in part, your access to the Site or to the products and services we offer on it;
• Remove any content from the Site and decline to post or remove any material you submit to the Site; or
• Modify these Terms of Use.

We have the right to determine who may use the Site.

You must be over 13 years of age to use the Site. If you are not over 13, do not use the Site. We also reserve the right, at our sole discretion, to deny access to or use of the Site and the products and services we offer on it to any person at any time.

You have a limited right to use the Site.

Provided you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license and right to access the Site through an available web browser or mobile device to view content and information and to use the Site according to its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and constitutes a violation of the Terms of Use.

The contents included on the Site—such as text, graphics, logos, images, videos, data, and other material (collectively, the “Content”)—are owned by us or used under license and are protected by copyright, trademark, patent, and other proprietary rights. The compilation, arrangement, and assembly of all Content on the Site is the exclusive property of Ashcomm, LLC, Ashley Furniture Industries, Inc., and Ashley HomeStores, Ltd., and is protected by U.S. and international copyright laws. We expressly reserve all intellectual property rights in all Content.

You must not use the Site for any improper purpose.

Whether on your own behalf or on behalf of others, YOU MUST NOT:

• Use the Site’s Content for any commercial purpose;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, or intelligent agents) to navigate or search the Site except for the search engine and search agents available on the Site or publicly available browsers;
• Frame, mirror, or use framing techniques on any part of the Site without our express prior written consent;
• Use any data-mining, scraping, or extraction tools or other data-gathering tools, or create a database by systematically downloading or storing Site content, or otherwise extract, collect, store, or use the Content, product lists, descriptions, prices, or images, except as permitted by the limited license granted in these Terms of Use;
• Use meta tags or any other hidden text using names or marks used or displayed on the Site;
• Use a user identity, impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity in connection with the Site, or expressly or impliedly state that we endorse any statement you make;
• Engage in fraudulent activities on the Site;
• Violate or attempt to violate the Site’s security, including, without limitation: (i) accessing data not intended for you or logging into a server or account you are not authorized to access; (ii) attempting to interfere with service to any user, host, or network, including, without limitation, by sending malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (iii) forging headers or any part of header information in emails or postings; or (iv) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user);
• Use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;
• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
• Remove copyright, trademark, or other proprietary notices from the Site or materials originating from the Site.

Your account is your responsibility.

If you register on the Site and set up an account and password, you are responsible for everything that happens under your account. You agree to keep your password secure and confidential, not allow others to use your account, and not use anyone else’s account. You must notify us immediately of any unauthorized use of your password or account or any security breach. If you become aware that your account security has been compromised, you must change your password immediately.

We may send you notifications through the Site or via email.

We may provide you important information regarding the Site and the products and services we offer through notices on the Site, by email to the address associated with your account, or by other means. Review your account information to control and limit the types of messages you receive from us.

Our Privacy Policy describes our data collection and confidentiality practices.

Please read our Privacy Policy carefully before using the Site. It is incorporated into these Terms of Use by reference and sets forth how we handle information, including personally identifiable information that you provide to us.

TERMS AND CONDITIONS OF PURCHASE

By placing an order to purchase products and services through the Site, you agree to comply with these Purchase Terms and Conditions.

We may refuse or cancel orders.

We will do our best to fulfill all orders; however, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. Receipt of an order number or an order confirmation by email does not constitute acceptance of your order or confirmation of an offer to sell. We reserve the right to limit the quantity of items in any order and/or to refuse service to any customer, without notice. We may request verification of information before accepting an order. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

We may modify information, including prices, for products and services listed on the Site.

All descriptions, images, references, features, content, specifications, products, and prices for products and services described or illustrated on the Site are subject to change at any time without notice (including after you have placed an order). We will correct errors we discover and reserve the right to void any stated offer and correct any error, inaccuracy, or omission (including after you have placed an order). Local store prices and products may vary by location. Prices for products offered on the Site may differ from other advertised prices. Prices displayed on the Site are in U.S. dollars and apply within the United States only, and they do not include shipping, delivery, or sales taxes, if applicable, which may be added to your total invoice price. You are responsible for paying shipping and delivery charges and any applicable state and local sales or use taxes for your order.

Unless otherwise specified, all discounts or savings displayed on products on the Site are calculated based on the product’s full retail price or a competitive estimated price, which may or may not represent the prevailing price in every area on any particular day. For certain items offered as part of a set, the displayed discounts or savings may represent the total retail price of each item included in the set or a competitive estimated price for the set or each item, which may or may not represent the prevailing price in each area on any particular day.

We cannot confirm the price of an item until you place your order. Although we do our best, the prices of a small number of items listed on the Site may be incorrect. If the correct price of an item is higher than the posted price, at our sole discretion we will either contact you for instructions before shipping or cancel your order and notify you of the cancellation.

SHIPPING AND DELIVERY POLICY; CANCELLATIONS; RETURNS

Risk of loss passes to you once we deliver the order to the carrier.

All items purchased on the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We do not assume any legal responsibility for the products and services offered on the Site.

WE PROVIDE NO WARRANTY FOR THE PRODUCTS AND SERVICES ON THE SITE. For more information, please read the disclaimers and limitations of liability included in our Terms of Use. Products on the Site may carry a manufacturer’s warranty extended by the product’s manufacturer. Check your product packaging and printed materials for details.

You are responsible for everything you send.

We appreciate your reviews, comments, and other communications, photos, videos, and other content you submit through the Site (“User Content”), provided the User Content you submit complies with these Terms and Conditions. You agree that User Content will be accurate; will not violate or promote the violation of any law or regulation; will not infringe any third-party rights, including copyrights, trademarks, privacy, or publicity rights; will not cause harm to any person or entity; and will not contain or link to obscene material, profane or threatening language, malware, political campaigning, commercial solicitations, chain letters, mass mailings, any form of “spam,” or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for User Content you submit, and we assume no responsibility for User Content you submit.

You acknowledge and agree that we reserve the right (though we have no obligation) to do any of the following, at our sole discretion: (i) monitor User Content; (ii) edit, remove, decline to post, or allow the posting of User Content; and/or (iii) disclose to third parties User Content and anything related to its transmission.

By submitting User Content, you grant us a non-exclusive, sublicensable, fully paid, perpetual, irrevocable, royalty-free, and transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, and distribute such User Content and to incorporate such User Content in any form, by any means or technology, now known or later developed, worldwide, without any right to compensation. You also grant us the right to include the name you provide with the User Content you submit. We assume no responsibility for the use or disclosure of personal information that you voluntarily provide in connection with submitted User Content. You represent and warrant that you have all rights necessary to grant the licenses set forth in this section. You also irrevocably waive any “moral rights” and other rights regarding attribution of authorship or integrity of materials related to the User Content you may have under applicable laws on any legal basis.

Content is also provided by other Site visitors. Please note that Site visitors may post inaccurate, confusing, or misleading content. We do not endorse and are not responsible for the opinions, recommendations, information, or statements of third parties. We are not responsible for any losses or damages caused by such information or materials. Third-party opinions reflect solely the opinions of the individuals who submit them and do not reflect our opinions.

Special offers are for a limited time.

From time to time, we offer special promotions for our customers, which we refer to as “special offers” or a “special offer.” These may include a gift with purchase, free shipping, manufacturer offers, or other promotional activities associated with the purchase of a product. Such offers are for a limited time only.

Specific rules may apply to promotions.

Sweepstakes, contests, raffles, and other promotions (collectively, “Promotions”) available through the Site are governed by rules independent of these Terms of Use. If you participate in any Promotion, review the rules that govern it and our Privacy Policy. If the rules of a Promotion conflict with these Terms of Use, the Promotion rules will control.

The following warning required by California Proposition 65 is provided below.

California Proposition 65 requires special warnings to California consumers about products that contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm if the use of such products exposes consumers above certain limits to those chemicals. The warnings relate to certain glassware, ceramic tableware, Tiffany-style lamps, and electrical cords. In accordance with Proposition 65 requirements, the following warning is provided to California consumers regarding the products in this section: WARNING: The State of California knows that this product contains chemicals that cause cancer and birth defects or other reproductive harm. Contact us before placing your order if you have any questions regarding the safety of such products.

We assume no legal responsibility for the operation of the Site and for the products and services offered on it.

The site and all information, content, materials, products, and services included on or made available through the site are provided “as is” and “as available,” except where otherwise provided in writing. No warranties of any kind, express or implied, are made with respect to the operation of the site or the information, content, materials, products, or services included on or made available through the site, except where otherwise provided in writing.

We assume no responsibility for errors or omissions in the site content, for your action or inaction in connection with the site, or for damage to your computer or data or any other damage you may suffer in connection with the site. You expressly agree that your use of the site is at your own risk.

Also (and independent of the limitations set forth in the paragraph above), we make no assurances whatsoever as to the fitness of the products on the site for any particular purpose. All products are provided “as is” without any kind of warranty, express or implied. We specifically disclaim all warranties and conditions of any kind, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

Products on the site may carry a manufacturer’s warranty extended by the product’s manufacturer. Check your product packaging and printed materials for details.

Our liability to you is limited.

Under no circumstances shall Ashcomm LLC, its affiliates, and the respective employees, directors, officers, or agents of each be liable for damages of any kind arising in connection with your use or inability to use the site, or the information, content, materials, products, or services included on or made available through the site. This comprehensive limitation of liability applies to all losses and damages of any kind (general, special, consequential, incidental, exemplary, or otherwise, including, without limitation, loss of data, revenue, or profits), whether in contract or tort, even if we have been advised of or should have known of the possibility of such damages.

Each provision in these Terms of Use that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to allocate the contractual risks between the parties. Such allocation is an essential element of the basis of the bargain between the parties. The limitations in this section will apply even if limited remedies fail of their essential purpose.

If you are dissatisfied with the site, the information, content, materials, products, or services included on or made available through the site, or with these Terms of Use, your sole and exclusive remedy is to stop using the site. By using the site, you acknowledge that such use is at your own risk.

Applicable laws may not allow the above limitation of liability; therefore, this limitation may not apply to you, and you may have other rights in addition to those set forth herein. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some of the disclaimers, exclusions, or limitations may not apply to you, and you may have other rights.

In the event of legal proceedings between the parties, Wisconsin law will govern.

These Terms of Use and any claim, cause of action, or dispute (the “claim”) arising out of or relating to these Terms of Use will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Wisconsin, without regard to conflict-of-law principles. You also agree that any claim must be resolved exclusively in a state or federal court located in the State of Wisconsin, except as described in the paragraph immediately below regarding arbitration.

We are not responsible for third-party websites.

The Site may contain links and interactive features that interrelate with third-party websites, including social-networking sites. We do not endorse, are not responsible for, and have no obligation with respect to the features, actions, inactions, privacy settings, privacy policies, terms, or content of such websites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

General terms apply to these Terms of Use.

You are responsible for all charges and permissions necessary to access the Site through your mobile access provider.

If a court of competent jurisdiction determines that any provision of these Terms of Use is unlawful, void, or unenforceable, the provision determined to be unenforceable will be modified to the extent necessary to fulfill these Terms of Use as much as possible to give effect to that provision; if a court determines the modified provision to be invalid, unlawful, void, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall not be affected in any way. You agree that these Terms of Use constitute the full, complete, and exclusive agreement between you and us with respect to the Site and the services offered thereon, and supersede all prior agreements and understandings, written or oral, established by custom, practice, or precedent, with respect to the subject matter of these Terms of Use. Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to a subsequent or similar breach.

Effective Date: January 31, 2015