ACCESS AND USE OF WEBSITES, APPLICATIONS, MOBILE APPS AND SERVICES
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from Austin Ann, including without limitation, engage in the practice of “screen scraping,” or any other similar activity;
- hack into Austin Ann or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with Austin Ann;
- damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party’s use and enjoyment of Austin Ann;
- violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or
- access or attempt to access any password-protected, secure or non-public areas of Austin Ann without the express permission of Austin Ann.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Network are owned by Austin Ann and/or third parties, and are collectively referred to as “Content.” The Content may contain omissions, errors, or maybe out of date. Austin Ann reserves the right, in its sole discretion, to change, delete, update_attributess, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Austin Ann in any way except to the extent that it is specifically indicated to be so. We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Network are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT AUSTIN ANN IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES. Any concerns regarding Content and/or availability of hyperlinks of a third party on the Network, which are not controlled by Austin Ann, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Network.
CONTENT YOU PROVIDE (USER-GENERATED CONTENT)
By Submitting User Generated Content to the Network, you grant, and you represent and warrant that you have the right to grant, to Austin Ann, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User-Generated Content will not be treated as confidential information. In addition, by posting or allowing Austin Ann or a third party to post User Generated Content to any public area of the Network, you grant Austin Ann all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Network to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another’s privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Austin Ann to use your User Generated Content, please do not Submit such User Generated Content to the Network. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Austin Ann, and Austin Ann makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User-Generated Content that you Submit and you may be held legally liable for such User Generated Content. Austin Ann reserves the right to remove any User Generated Content from the Network at any time and for any reason.
LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT
You also agree not to deep-link to the Network or any website or webpage thereof for any purpose, unless specifically authorized by Austin Ann. Use of any of Austin Ann trademarks as metatags on other networks is also strictly prohibited.
UNAUTHORIZED USE OF THE NETWORK
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a “robot,” “spider” or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Network, or transmit any worms or viruses or any code of a destructive nature on or to the Network.
LINKING TO THE NETWORK
Austin Ann reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Austin Anns’ sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Network, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Network.
TERMS OF SALE: PRICES
By placing an order with Austin Ann, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such an order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Austin Anns’ acceptance of an order. We retain the right to refuse any request made by you.
Prior to Austin Anns’ acceptance of an order, verification of information may be required. Austin Ann reserves 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 from Austin Ann, for any reason whatsoever. Austin Ann reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Austin Ann shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is canceled, Austin Ann shall credit your account in the amount of the incorrect price.
Austin Ann reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.
Please see our FAQ page and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, electronic gift cards, and other helpful information. Austin Ann reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Austin Ann as necessary (please see our FAQ webpage and all related webpages for further information).
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. AUSTIN ANN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH AUSTIN ANN, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF AUSTIN ANN, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM AUSTIN ANN OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE NETWORK OR ANY THIRD PARTY WEBSITE(S) BY AUSTIN ANN OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE NETWORK OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF AUSTIN ANN, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL PRODUCTS SOLD BY AUSTIN ANN ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, AUSTIN ANN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. AUSTIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON AUSTIN ANN OR LINKED TO FROM AUSTIN ANN. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Limited Warranty. A lifetime limited warranty is provided on all furniture frames and spring systems as it relates to chairs, sofas, sectionals, and ottomans to be free from manufacturing defects for the life of the product and applied for the original purchaser of the furniture. Lifetime refers to the normal use of the furniture. All frames and spring systems, including joints, bases, and hardware are under warranty to be free from manufacturing defects for the useful life of the product. Austin Ann will pay labor rates from local experts to inspect the furniture and validate any supposed manufacturing defects. Austin Ann will then pay labor rates from local experts to repair or replace the defective parts and all related shipping costs from the customer to the repair center designated by Austin Ann at no charge to the original purchaser.
This limited Furniture warranty does not cover the following: Cushion or Foam core of the seating. Comfort Preference. Physical abuse, damage, or alteration to the structure and/or material of the furniture, including but not limited to, dents, nicks, stains, or disassembly services; provided that the defect is caused by such abuse or damage. A normal softening and flattening of the cushion foam and fibers, which is considered normal wear, and not defective. Replacement of defective components. (Example: the defective component will be replaced not the entire piece of furniture.) Any furniture sold by resellers who are not authorized by Austin Ann. Products sold in “distressed” or as “second” hand or floor samples or any other similar wording that indicates not new, or previously owned by another consumer. In the event of a Defect, Austin Ann will work to remedy under this limited warranty a repair or replacement provided that you have met the responsibilities as stated below.
In the event of a Defect and in order to get the benefit of this limited Furniture Warranty, you must contact Austin Ann and provide Austin Ann with proof of the original date of purchase. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Furniture Warranty. Certain Defects may be repaired in your home with our authorization. Should shipping costs be required to return your furniture, you will not be responsible for those costs. If you wish to replace your furniture with a more expensive furniture product, then please email Austin Ann at the email address set forth. You will be required to pay the difference between the original purchase price of the furniture and that of the upgraded furniture, plus the cost of any related additional system pieces necessary for such upgrade furniture. Austin Ann will repair or replace (as applicable) your furniture or upgrade furniture. Repairs may happen in your home or a third party repair center, at Austin Ann’s sole discretion. You will be responsible for any shipping costs associated with shipping replaced or repaired furniture Products back to you. Replaced or repaired furniture that does not upgrade furniture is subject to the same limited warranty as the original furniture. For example, if you obtain a replaced or repaired furniture that is the same style and price as the original furniture, then the warranty term of the replaced or repaired furniture begins from the date of purchase of the original furniture. If you purchase upgrade furniture, then you obtain a new limited warranty, and the warranty term will begin upon the purchase of the upgrade furniture.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF AUSTIN ANN, AND ALL OTHER USE OF AUSTIN ANN, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
MODIFICATION/TERMINATION OF AUSTIN ANN
GENERAL LEGAL PROVISIONS
OFFERS, PROMOTIONS, AND CUSTOMER CREDITS
Austin Ann may from time to time and in its sole discretion make available special offers to its customers and promotional codes that provide an opportunity for customers to receive store credits, coupons, prizes, or benefits, (for example, referral credits issued to customers for referring others to Austin Ann). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Austin Ann; (iii) may be disabled by Austin Ann at any time for any reason without liability to Austin Ann; (iv) may only be used pursuant to the specific terms that Austin Ann establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Any such offers and promotions will expire on the dates specified in the offer or promotion. Credits, coupons, prizes, or benefits shall specify the terms that apply to their use and redemption and those terms shall apply. Credits, coupons, prizes, and benefits may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change the offer and promotion terms or conditions, including changing expiration periods or credit values for existing or future credits. Referral credits cannot accrue until or unless the referred customer completes a purchase on the Web site and all other conditions of the relevant promotion have been met. Austin Ann reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Austin Ann determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Credits are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Credits are promotional in nature without any exchange of money or value from you. Credits are not transferable to other accounts and as such, credits do not constitute property and you do not have a vested property right or interest in the credits. Customers who return or cancel their items may have credits voided and may not be eligible for future reviews or photo submissions credits.
Austin Ann reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit any credits, coupons, prizes, or benefits as a result of any fraudulent, illegal, or inappropriate conduct. Austin Ann reserves the right to void any such credits, coupons, prizes or benefits granted if it suspects that these were derived in a fraudulent manner, a manner that violates this Agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Austin Ann. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law. If Austin Ann terminates your account, for any reason, any credit balances in your account will be canceled, except as prohibited by law. Account balances are determined by Austin Ann and such determination is final.
© Austin Ann 2020, all rights reserved.
All materials on Austin Ann (as well as the organization and layout of Austin Ann) are owned and copyrighted or licensed by Austin Ann, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on Austin Ann is permitted without the written permission of Austin Ann. Any rights not expressly granted herein are reserved by Austin Ann.
Austin Anns’ policy is to remove or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on or through our Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to Title 17, United States Code, Section 512 (the Digital Millennium Copyright Act), notifications of claimed copyright infringement should be sent to Austin Ann’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Attn: Legal Department
632 National HWY
Thomasville, NC 27360
Austin Ann and all related names, logos, product and service names, designs and slogans are trademarks of Austin Ann or its affiliates or licensors. Such marks cannot be used without the prior written permission of Austin Ann. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
June 18, 2020